North Liberty Code of Ordinances

CODE OF ORDINANCES
OF THE
CITY OF
NORTH LIBERTY, IOWA
 IOWA CODIFICATION, INC.

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Materials contained in this Code of Ordinances are based on or quoted directly
from the work entitled Comprehensive Model Code of Ordinances for Iowa Cities
which is protected by copyright.
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the City of North Liberty, Iowa, to make copies of this Code of Ordinances for
distribution to officials, employees and citizens of the City of North Liberty, for
use in carrying out duties and responsibilities of such persons with relation to the
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Reproduction for all other persons is prohibited without the written permission of
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Iowa Codification, Inc.

P. O. Box 141
610 Buddy Holly Place
Clear Lake, Iowa 50428
CODE OF ORDINANCES
OF THE
CITY OF NORTH LIBERTY, IOWA
Adopted December 14, 2010, by Ordinance No. 10-12
SUPPLEMENT RECORD
SUPPLEMENT ORDINANCES AMENDING CODE
Supp. No. Repeals, Amends or Adds Ord. No. Date Subject
CHAPTER 1
CODE OF ORDINANCES
1.01 Title 1.08 Amendments
1.02 Definitions 1.09 Catchlines and Notes
1.03 City Powers 1.10 Altering Code
1.04 Indemnity 1.11 Severability
1.05 Personal Injuries 1.12 Warrants
1.06 Rules of Construction 1.13 General Standards for Action
1.07 Extension of Authority 1.14 Standard Penalty
1.01 TITLE. This code of ordinances shall be known and may be cited as the Code of
Ordinances of the City of North Liberty, Iowa.
1.02 DEFINITIONS. Where words and phrases used in this Code of Ordinances are
defined in the Code of Iowa, such definitions apply to their use in this Code of Ordinances
unless such construction would be inconsistent with the manifest intent of the Council or
repugnant to the context of the provision. Other words and phrases used herein have the
following meanings, unless specifically defined otherwise in another portion of this Code of
Ordinances or unless such construction would be inconsistent with the manifest intent of the
Council or repugnant to the context of the provision:
1. “Alley” means a public right-of-way, other than a street, affording secondary
means of access to abutting property.
2. “City” means the City of North Liberty, Iowa.
3. “Clerk” means the city clerk of North Liberty, 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 North
Liberty, Iowa.
6. “Council” means the city council of North Liberty, Iowa.
7. “County” means Johnson County, Iowa.
8. “May” confers a power.
9. “Measure” means an ordinance, amendment, resolution or motion.
10. “Must” states a requirement.
11. “Occupant” or “tenant,” applied to a building or land, includes any person
who occupies the whole or a part of such building or land, whether alone or with
others.
12. “Ordinances” means the ordinances of the City of North Liberty, Iowa, as
embodied in this Code of Ordinances, ordinances not repealed by the ordinance
adopting this Code of Ordinances, and those enacted hereafter.
13. “Person” means an individual, firm, partnership, domestic or foreign
corporation, company, association or joint stock association, trust or other legal entity,
CODE OF ORDINANCES, NORTH LIBERTY, IOWA

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CHAPTER 1 CODE OF ORDINANCES
and includes a trustee, receiver, assignee, or similar representative thereof, but does
not include a governmental body.
14. “Public way” includes any street, alley, boulevard, parkway, highway,
sidewalk, or other public thoroughfare.
15. “Shall” imposes a duty.
16. “Sidewalk” means that surfaced portion of the street between the edge of the
traveled way, surfacing, or curb line and the adjacent property line, intended for the
use of pedestrians.
17. “State” means the State of Iowa.
18. “Statutes” or “laws” means the latest edition of the Code of Iowa, as amended.
19. “Street” or “highway” means the entire width between property lines of every
way or place of whatever nature when any part thereof is open to the use of the public,
as a matter of right, for purposes of vehicular traffic.
Words that are not defined in this Code of Ordinances or by the Code of Iowa have their
ordinary meaning unless such construction would be inconsistent with the manifest intent of
the Council, or repugnant to the context of the provision.
1.03 CITY POWERS. The City may, except as expressly limited by the Iowa Constitution,
and if not inconsistent with the laws of the Iowa General Assembly, exercise any power and
perform any function it deems appropriate to protect and preserve the rights, privileges, and
property of the City and of its residents, and to preserve and improve the peace, safety, health,
welfare, comfort, and convenience of its residents, and each and every provision of this Code
of Ordinances shall be deemed to be in the exercise of the foregoing powers and the
performance of the foregoing functions.
(Code of Iowa, Sec. 364.1)
1.04 INDEMNITY. The applicant for any permit or license under this Code of Ordinances,
by making such application, assumes and agrees to pay for any injury to or death of any
person or persons whomsoever, and any loss of or damage to property whatsoever, including
all costs and expenses incident thereto, however arising from or related to, directly, indirectly
or remotely, the issuance of the permit or license, or the doing of anything thereunder, or the
failure of such applicant, or the agents, employees or servants of such applicant, to abide by or
comply with any of the provisions of this Code of Ordinances or the terms and conditions of
such permit or license, and such applicant, by making such application, forever agrees to
indemnify the City and its officers, agents and employees, and agrees to save them harmless
from any and all claims, demands, lawsuits or liability whatsoever for any loss, damage, injury
or death, including all costs and expenses incident thereto, by reason of the foregoing. The
provisions of this section shall be deemed to be a part of any permit or license issued under
this Code of Ordinances or any other ordinance of the City whether expressly recited therein
or not.
1.05 PERSONAL INJURIES. When action is brought against the City for personal
injuries alleged to have been caused by its negligence, the City may notify in writing any
person by whose negligence it claims the injury was caused. The notice shall state the
pendency of the action, the name of the plaintiff, the name and location of the court where the
action is pending, a brief statement of the alleged facts from which the cause arose, that the
City believes that the person notified is liable to it for any judgment rendered against the City,
and asking the person to appear and defend. A judgment obtained in the suit is conclusive in

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any action by the City against any person so notified, as to the existence of the defect or other
cause of the injury or damage, as to the liability of the City to the plaintiff in the first named
action, and as to the amount of the damage or injury. The City may maintain an action against
the person notified to recover the amount of the judgment together with all the expenses
incurred by the City in the suit.
1.06 RULES OF CONSTRUCTION. In the construction of this Code of Ordinances, the

rules of statutory construction as set forth in Chapter 4 of the Code of Iowa shall be utilized to
ascertain the intent of the Council with the understanding that the term “statute” as used
therein will be deemed to be synonymous with the term “ordinance” when applied to this
Code of Ordinances.
1.07 EXTENSION OF AUTHORITY. Whenever an officer or employee is required or

authorized to do an act by a provision of this Code of Ordinances, the provision shall be
construed as authorizing performance by a regular assistant, subordinate or a duly authorized
designee of said officer or employee.
1.08 AMENDMENTS. All ordinances which amend, repeal or in any manner affect this
Code of Ordinances shall include proper reference to chapter, section, subsection, or
paragraph to maintain an orderly codification of ordinances of the City.
1.09 CATCHLINES AND NOTES. The catchlines of the several sections of the Code of
Ordinances, titles, headings (chapter, section and subsection), editor’s notes, cross references
and State law references, unless set out in the body of the section itself, contained in the Code
of Ordinances, do not constitute any part of the law, and are intended merely to indicate,
explain, supplement or clarify the contents of a section.
1.10 ALTERING CODE. It is unlawful for any unauthorized person to change or amend
by additions or deletions, any part or portion of the Code of Ordinances, or to insert or delete
pages, or portions thereof, or to alter or tamper with the Code of Ordinances in any manner
whatsoever which will cause the law of the City to be misrepresented thereby.
1.11 SEVERABILITY. If any section, provision, or part of the Code of Ordinances is

adjudged invalid or unconstitutional, such adjudication will not affect the validity of the Code
of Ordinances as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
1.12 WARRANTS. If consent to enter upon or inspect any building, structure or property
pursuant to a municipal ordinance is withheld by any person having the lawful right to
exclude, the City officer or employee having the duty to enter upon or conduct the inspection
may apply to the Iowa District Court in and for the County, pursuant to Section 808.14 of the
Code of Iowa, for an administrative search warrant. No owner, operator or occupant or any
other person having charge, care, or control of any dwelling unit, rooming unit, structure,
building, or premises shall fail or neglect, after presentation of a search warrant, to permit
entry therein by the municipal officer or employee.
1.13 GENERAL STANDARDS FOR ACTION. Whenever this Code of Ordinances

grants any discretionary power to the Council or any commission, board or officer or

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employee of the City and does not specify standards to govern the exercise of the power, the
power shall be exercised in light of the following standard: The discretionary power to grant,
deny, or revoke any matter shall be considered in light of the facts and circumstances then
existing and as may be reasonably foreseeable, and due consideration shall be given to the
impact upon the public health, safety and welfare, and the decision shall be that of a
reasonably prudent person under similar circumstances in the exercise of the police power.
1.14 STANDARD PENALTY. Unless another penalty is expressly provided by this Code
of Ordinances for violation of any particular provision, section or chapter, any person failing
to perform a duty required by this Code of Ordinances or violating any provision of this Code
of Ordinances or any rule or regulation adopted herein by reference shall, upon conviction, be
subject to a fine of at least sixty-five dollars ($65.00) but not to exceed six hundred twenty-
five dollars ($625.00). The court may order imprisonment not to exceed thirty (30) days in
lieu of a fine or in addition to a fine.
(Code of Iowa, Sec. 364.3[2] and 903.1[1a])
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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 of City Officers 2.06 Copies on File
2.01 TITLE. This chapter may be cited as the charter of the City of North Liberty, Iowa. †
2.02 FORM OF GOVERNMENT. The form of government of the City is the Mayor-
Council form of government.
2.03 POWERS AND DUTIES OF CITY OFFICERS. The Council and Mayor and other
City officers have such powers and shall perform such duties as are authorized or required by
State law and by the ordinances, resolutions, rules, and regulations of the City.
2.04 NUMBER AND TERM OF COUNCIL. The Council consists of five Council
Members elected at large for overlapping terms of four years.
Code of Iowa, Sec. 376.2)
2.05 TERM OF MAYOR. The Mayor is elected for a term of four years.
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.
†
EDITOR’S NOTE: Ordinance No. 80 adopting a charter for the City was passed and approved by
the Council on April 3, 1973. Ordinance No. 78-3, adopted in 1978, changed the Mayor and Council
terms to four years.

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CHAPTER 2 CHARTER
°°°°°°°°°°

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CHAPTER 3
MUNICIPAL INFRACTIONS
3.01 Municipal Infraction 3.04 Civil Citations
3.02 Environmental Violation 3.05 Alternative Relief
3.03 Penalties 3.06 Criminal Penalties
3.01 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])
3.02 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:
1. A violation arising from noncompliance with a pretreatment standard or
requirement referred to in 40 C.F.R. §403.8.
2. The discharge of airborne residue from grain, created by the handling, drying,
or storing of grain, by a person not engaged in the industrial production or
manufacturing of grain products.
3. The discharge of airborne residue from grain, created by the handling, drying,
or storing of grain, by a person engaged in such industrial production or
manufacturing if such discharge occurs from September 15 to January 15.
3.03 PENALTIES. A municipal infraction is punishable by the following civil penalties:

1. Standard Civil Penalties.
A. First offense – not to exceed $750.00
B. Each repeat offense – not to exceed $1,000.00
Each day that a violation occurs or is permitted to exist constitutes a repeat offense.
2. Special Civil Penalties.
A. A municipal infraction arising from noncompliance with a
pretreatment standard or requirement, referred to in 40 C.F.R. §403.8, by an
industrial user is punishable by a penalty of not more than $1,000.00 for each
day a violation exists or continues.

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CHAPTER 3 MUNICIPAL INFRACTIONS
B. A municipal infraction classified as an environmental violation is

punishable by a penalty of not more than $1,000.00 for each occurrence.
However, an environmental violation is not subject to such penalty if all of
the following conditions are satisfied:
(1) The violation results solely from conducting an initial startup,
cleaning, repairing, performing scheduled maintenance, testing, or
conducting a shutdown of either equipment causing the violation or
the equipment designed to reduce or eliminate the violation.
(2) The City is notified of the violation within 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.
3.04 CIVIL CITATIONS. Any officer authorized by the City to enforce this Code of
Ordinances may issue a civil citation to a person who commits a municipal infraction. A copy
of the citation may be served by personal service as provided in Rule of Civil Procedure
1.305, by certified mail addressed to the defendant at defendant’s last known mailing address,
return receipt requested, or by publication in the manner as provided in Rule of Civil
Procedure 1.310 and subject to the conditions of Rule of Civil Procedure 1.311. A copy of the
citation shall be retained by the issuing officer, and the original citation shall be sent to the
Clerk of the District Court. The citation shall serve as notification that a civil offense has been
committed and shall contain the following information:
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.
3.05 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.
3.06 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.

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CHAPTER 5
OPERATING PROCEDURES
5.01 Oaths 5.07 Conflict of Interest
5.02 Bonds 5.08 Resignations
5.03 Powers and Duties 5.09 Removal of Appointed Officers and Employees
5.04 Books and Records 5.10 Vacancies
5.05 Transfer to Successor 5.11 Gifts
5.06 Meetings 5.12 Boards and Commissions
5.01 OATHS. The oath of office shall be required and administered in accordance with the
following:
1. Qualify for Office. Each elected or appointed officer shall qualify for office
by taking the prescribed oath and by giving, when required, a bond. The oath shall be
taken, and bond provided, after such officer is certified as elected, no later than noon
of the first day which is not a Sunday or a legal holiday in January of the first year of
the term for which the officer was elected.
2. Prescribed Oath. The prescribed oath is: “I, (name), do solemnly swear that I
will support the Constitution of the United States and the Constitution of the State of
Iowa, and that I will faithfully and impartially, to the best of my ability, discharge all
duties of the office of (name of office) in North Liberty as now or hereafter required
by law.”
3. Officers Empowered to Administer Oaths. The following are empowered to
administer oaths and to take affirmations in any matter pertaining to the business of
their respective offices:
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.
2. Bonds Approved. Bonds shall be approved by the Council.
3. Bonds Filed. All bonds, after approval and proper record, shall be filed with
the Clerk.

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CHAPTER 5 OPERATING PROCEDURES
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.
5.03 POWERS AND DUTIES. Each municipal officer shall exercise the powers and
perform the duties prescribed by law and this Code of Ordinances, or as otherwise directed by
the Council unless contrary to State law or City charter.
5.04 BOOKS AND RECORDS. All books and records required to be kept by law or
ordinance shall be open to examination by the public upon request, unless some other
provisions of law expressly limit such right or require such records to be kept confidential.
Access to public records which are combined with data processing software shall be in
accordance with policies and procedures established by the City.
(Code of Iowa, Sec. 22.2 & 22.3A)
5.05 TRANSFER TO SUCCESSOR. Each officer shall transfer to his or her successor in
office all books, papers, records, documents and property in the officer’s custody and
appertaining to that office.
5.06 MEETINGS. All meetings of the Council, any board or commission, or any multi-
membered body formally and directly created by any of the foregoing bodies shall be held in
accordance with the following:
1. Notice of Meetings. Reasonable notice, as defined by State law, of the time,
date, and place of each meeting and its tentative agenda shall be given.
2. Meetings Open. All meetings shall be held in open session unless closed
sessions are held as expressly permitted by State law.
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.
4. Closed Session. A closed session may be held only by affirmative vote of
either two-thirds of the body or all of the members present at the meeting and in
accordance with Chapter 21 of the Code of Iowa.
5. Cameras and Recorders. The public may use cameras or recording devices at
any open session.
6. Electronic Meetings. A meeting may be conducted by electronic means only
in circumstances where such a meeting in person is impossible or impractical and then
only in compliance with the provisions of Chapter 21 of the Code of Iowa.

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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:
1. Compensation of Officers. The payment of lawful compensation of a City
officer or employee holding more than one City office or position, the holding of
which is not incompatible with another public office or is not prohibited by law.
2. Investment of Funds. The designation of a bank or trust company as a
depository, paying agent, or for investment of funds.
3. City Treasurer. An employee of a bank or trust company, who serves as
Treasurer of the City.
4. Stock Interests. Contracts in which a City officer or employee has an interest
solely by reason of employment, or a stock interest of the kind described in subsection
8 of this section, or both, if the contracts are made by competitive bid in writing,
publicly invited and opened, or if the remuneration of employment will not be directly
affected as a result of the contract and the duties of employment do not directly
involve the procurement or preparation of any part of the contract. The competitive
bid qualification of this subsection does not apply to a contract for professional
services not customarily awarded by competitive bid.
5. Newspaper. The designation of an official newspaper.
6. Existing Contracts. A contract in which a City officer or employee has an
interest if the contract was made before the time the officer or employee was elected
or appointed, but the contract may not be renewed.
7. Volunteers. Contracts with volunteer firefighters or civil defense volunteers.
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.
9. Contracts. Contracts made by the City upon competitive bid in writing,
publicly invited and opened.
10. Cumulative Purchases. Contracts not otherwise permitted by this section, for
the purchase of goods or services which benefit a City officer or employee, if the
purchases benefiting that officer or employee do not exceed a cumulative total
purchase price of fifteen hundred dollars ($1500.00) in a fiscal year.

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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.
12. Third Party Contracts. A contract that is a bond, note or other obligation of
the City and the contract is not acquired directly from the City but is acquired in a
transaction with a third party who may or may not be the original underwriter,
purchaser, or obligee of the contract.
5.08 RESIGNATIONS. An elected officer who wishes to resign may do so by submitting a

resignation in writing to the Clerk so that it shall be properly recorded and considered. A
person who resigns from an elective office is not eligible for appointment to the same office
during the time for which the person was elected if, during that time, the compensation of the
office has been increased.
5.09 REMOVAL OF APPOINTED OFFICERS AND EMPLOYEES. Except as

otherwise provided by State or City law, all persons appointed to City office or employment
may be removed by the officer or body making the appointment, but every such removal shall
be by written order. The order shall give the reasons, be filed in the office of the Clerk, and a
copy shall be sent by certified mail to the person removed, who, upon request filed with the
Clerk within 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.
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:
1. Appointment. By appointment following public notice by the remaining
members of the Council within forty (40) days after the vacancy occurs, except that if
the remaining members do not constitute a quorum of the full membership, or if a
petition is filed requesting an election, the Council shall call a special election as
provided by law.
(Code of Iowa, Sec. 372.13[2a])
2. Election. By a special election held to fill the office for the remaining balance
of the unexpired term as provided by law.
(Code of Iowa, Sec. 372.13[2b])
5.11 GIFTS. Except as otherwise provided in Chapter 68B of the Code of Iowa, a public
official, public employee or candidate, or that person’s immediate family member, shall not,
directly or indirectly, accept or receive any gift or series of gifts from a “restricted donor” as
defined in Chapter 68B and a restricted donor shall not, directly or indirectly, individually or
jointly with one or more other restricted donors, offer or make a gift or a series of gifts to a
public official, public employee or candidate.
(Code of Iowa, Sec. 68B.22)

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5.12 BOARDS AND COMMISSIONS. Except as otherwise provided by State or City

law, the terms of members on boards and commissions shall begin on July 1 and end on June
30 of any particular year and the Mayor is the appointing authority for members of boards and
commissions, subject to the approval of the City Council. However, if the Mayor fails to
make an appointment within 45 days after a vacancy is created or if the Council twice fails to
approve the Mayor’s appointment of the same individual to a specific board or commission,
the Council shall appoint an individual to fill the vacancy for the remainder of the applicable
term. Notwithstanding this provision, the Mayor remains the appointing authority for the
purposes set forth in Section 5.09 of this chapter.

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CHAPTER 6
CITY ELECTIONS
6.01 Nominating Method to be Used 6.05 Filing; Presumption; Withdrawals; Objections
6.02 Nominations by Petition 6.06 Persons Elected
6.03 Adding Name by Petition 6.07 Voting Precincts
6.04 Preparation of Petition and Affidavit
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.
6.02 NOMINATIONS BY PETITION. Nominations for elective municipal offices of the

City may be made by nomination paper or papers signed by not less than 25 eligible electors,
residents of the City.
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.
6.04 PREPARATION OF PETITION AND AFFIDAVIT. Nomination papers shall

include a petition and an affidavit of candidacy. The petition and affidavit shall be
substantially in the form prescribed by the State Commissioner of Elections, shall include
information required by the Code of Iowa, and shall be signed in accordance with the Code of
Iowa.
(Code of Iowa, Sec. 45.3, 45.5 & 45.6)
6.05 FILING; PRESUMPTION; WITHDRAWALS; OBJECTIONS. The time and

place of filing nomination petitions, the presumption of validity thereof, the right of a
candidate so nominated to withdraw and the effect of such withdrawal, and the right to object
to the legal sufficiency of such petitions, or to the eligibility of the candidate, shall be
governed by the appropriate provisions of Chapter 44 of the Code of Iowa.
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.
6.07 VOTING PRECINCTS. The boundaries of the voting precincts in the City are as
follows:
Precinct 01: Beginning at the intersection of Highway 965 and Dubuque
Street, then south on Highway 965 to Penn Street, then east on Penn Street to
the western boundary of the CRANDIC Railroad right-of-way, then south
along the railroad right-of-way approximately 1.5 miles to the boundary of the
unincorporated area on the east side of the railroad right-of-way, then east
along the City boundary and around the south and west boundaries of the City
boundary to the intersection of Kansas Avenue and Clear Creek Township,

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CHAPTER 6 CITY ELECTIONS
then east along the Clear Creek Township boundary to the City boundary, then
around the west and north boundaries of the City back to the point of
beginning.
Precinct 02: Beginning at the intersection of Highway 965 and Dubuque
Street, then south on Highway 965 to Penn Street, then east on Penn Street to
the eastern boundary of the CRANDIC Railroad right-of-way, then south along
the railroad right-of-way to the City boundary north of the unincorporated
parcel, then east following the boundary of the unincorporated parcel back to
the eastern boundary of the railroad right-of-way, then south along the
railroad right-of-way to the City boundary on the east side of the railroad
right-of-way, then east following the City boundary around the southern,
eastern, and northern City boundaries back to the point of beginning.

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CHAPTER 7
FISCAL MANAGEMENT
7.01 Purpose 7.05 Operating Budget Preparation
7.02 Finance Officer 7.06 Budget Amendments
7.03 Cash Control 7.07 Accounting
7.04 Fund Control 7.08 Financial Reports
7.01 PURPOSE. The purpose of this chapter is to establish policies and provide for rules
and regulations governing the management of the financial affairs of the City.
7.02 FINANCE OFFICER. The Clerk is the finance and accounting officer of the City and
is responsible for the administration of the provisions of this chapter.
7.03 CASH CONTROL. To assure the proper accounting and safe custody of moneys the
following shall apply:
1. Deposit of Funds. All moneys or fees collected for any purpose by any City
officer shall be deposited through the office of the finance officer. If any said fees are
due to an officer, they shall be paid to the officer by check drawn by the finance
officer and approved by the Council only upon such officer’s making adequate reports
relating thereto as required by law, ordinance, or Council directive.
2. Deposits and Investments. All moneys belonging to the City shall be
promptly deposited in depositories selected by the Council in amounts not exceeding
the authorized depository limitation established by the Council or invested in
accordance with the City’s written investment policy and State law, including joint
investments as authorized by Section 384.21 of the Code of Iowa.
(Code of Iowa, Sec. 384.21, 12B.10, 12C.1)
3. Petty Cash Fund. The finance officer shall be custodian of a petty cash fund
for the payment of small claims for minor purchases, collect-on-delivery
transportation charges, and small fees customarily paid at the time of rendering a
service, for which payments the finance officer shall obtain some form of receipt or
bill acknowledged as paid by the vendor or agent. At such time as the petty cash fund
is approaching depletion, the finance officer shall draw a check for replenishment in
the amount of the accumulated expenditures and said check and supporting detail shall
be submitted to the Council as a claim in the usual manner for claims and charged to
the proper funds and accounts. It shall not be used for salary payments or other
personal services or personal expenses.
7.04 FUND CONTROL. There shall be established and maintained separate and distinct
funds in accordance with the following:
1. Revenues. All moneys received by the City shall be credited to the proper
fund as required by law, ordinance, or resolution.
2. Expenditures. No disbursement shall be made from a fund unless such
disbursement is authorized by law, ordinance, or resolution, was properly budgeted,
and supported by a claim approved by the Council.

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CHAPTER 7 FISCAL MANAGEMENT
3. Emergency Fund. No transfer may be made from any fund to the Emergency
Fund.
(IAC, 545-2.5[384,388], Sec. 2.5[2])
4. Debt Service Fund. Except where specifically prohibited by State law,
moneys may be transferred from any other City fund to the Debt Service Fund to meet
payments of principal and interest. Such transfers must be authorized by the original
budget or a budget amendment.
(IAC, 545-2.5[384,388] Sec. 2.5[3])
5. Capital Improvements Reserve Fund. Except where specifically prohibited by
State law, moneys may be transferred from any City fund to the Capital Improvements
Reserve Fund. Such transfers must be authorized by the original budget or a budget
amendment.
(IAC, 545-2.5[384,388] Sec. 2.5[4])
6. Utility and Enterprise Funds. A surplus in a Utility or Enterprise Fund may
be transferred to any other City fund, except the Emergency Fund and Road Use Tax
Funds, by resolution of the Council. A surplus may exist only after all required
transfers have been made to any restricted accounts in accordance with the terms and
provisions of any revenue bonds or loan agreements relating to the Utility or
Enterprise Fund. A surplus is defined as the cash balance in the operating account or
the unrestricted retained earnings calculated in accordance with generally accepted
accounting principles in excess of:
A. The amount of the expense of disbursements for operating and
maintaining the utility or enterprise for the preceding three (3) months, and
B. The amount necessary to make all required transfers to restricted
accounts for the succeeding three (3) months.
(IAC, 545-2.5[384,388], Sec. 2.5[5])
7. Balancing of Funds. Fund accounts shall be reconciled at the close of each
month and a report thereof submitted to the Council.
7.05 OPERATING BUDGET PREPARATION. The annual operating budget of the City
shall be prepared in accordance with the following:
1. Proposal Prepared. The finance officer is responsible for preparation of the
annual budget detail, for review by the Mayor and Council and adoption by the
Council in accordance with directives of the Mayor and Council.
2. Boards and Commissions. All boards, commissions and other administrative
agencies of the City that are authorized to prepare and administer budgets must submit
their budget proposals to the finance officer for inclusion in the proposed City budget
at such time and in such form as required by the Council.
3. Submission to Council. The finance officer shall submit the completed
budget proposal to the Council no later than February 15 of each year.
4. Council Review. The Council shall review the proposed budget and may
make any adjustments in the budget which it deems appropriate before accepting such
proposal for publication, hearing and final adoption.
5. Notice of Hearing. Upon adopting a proposed budget the Council shall set a
date for public hearing thereon to be held before March 15 and cause notice of such
hearing and a summary of the proposed budget to be published not less than ten (10)

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nor more than twenty (20) days before the date established for the hearing. Proof of
such publication must be filed with the County Auditor.
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.
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.
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.
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.

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3. Checks. Checks shall be prenumbered and signed by the Mayor or Mayor Pro
Tem and City Treasurer, following Council approval, except as provided by
subsection 5 hereof.
4. Budget Accounts. There shall be established such individual accounts to
record receipts by source and expenditures by program and activity as will provide
adequate information and control for budgeting purposes as planned and approved by
the Council. Each individual account shall be maintained within its proper fund and
so kept that receipts can be immediately and directly compared with revenue estimates
and expenditures can be related to the authorizing appropriation. No expenditure shall
be posted except to the appropriation for the function and purpose for which the
expense was incurred.
5. Immediate Payment Authorized. The Council may by resolution authorize the
Clerk to issue checks for immediate payment of amounts due, which if not paid
promptly would result in loss of discount, penalty for late payment or additional
interest cost. Any such payments made shall be reported to the Council for review
and approval with and in the same manner as other claims at the next meeting
following such payment. The resolution authorizing immediate payment shall specify
the type of payment so authorized and may include but is not limited to payment of
utility bills, contractual obligations, payroll and bond principal and interest.
6. Utilities. The finance officer shall perform and be responsible for accounting
functions of the municipally owned utilities.
7.08 FINANCIAL REPORTS. The finance officer shall prepare and file the following
financial reports:
1. Monthly Reports. There shall be submitted to the Council each month a
report showing the activity and status of each fund, program, sub-program and activity
for the preceding month.
2. Annual Report. Not later than December 1 of each year there shall be
published an annual report containing a summary for the preceding fiscal year of all
collections and receipts, all accounts due the City, and all expenditures, the current
public debt of the City, and the legal debt limit of the City for the current fiscal year.
A copy of the annual report must be filed with the Auditor of State not later than
December 1 of each year.

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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, and distribution centers.
8.02 DEFINITIONS. For use in this chapter the following terms are defined:
1. “Actual value added” means the actual value added as of the first year for
which the exemption is received.
2. “Distribution center” means a building or structure used primarily for the
storage of goods 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. “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.
5. “Warehouse” means a building or structure used as a public warehouse for the
storage of goods pursuant to Chapter 554, Article 7, of the Code of Iowa, except that it
does not mean a building or structure used primarily to store raw agricultural products
or from which goods are sold at retail.
8.03 PERIOD OF PARTIAL EXEMPTION. The actual value added to industrial real
estate by the new construction of industrial real estate, research-service facilities, warehouses,

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CHAPTER 8 INDUSTRIAL PROPERTY TAX EXEMPTIONS
and distribution centers 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 for new
construction constituting complete replacement of an existing building or structure shall not
result in the assessed value of the industrial real estate being reduced below the assessed value
of the industrial real estate before the start of the new construction added.
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 (30) days after such hearing, the City Council, by ordinance, may
give its prior approval of a tax exemption for new construction if the new construction is in
conformance with City zoning. Such prior approval shall not entitle the owner to exemption
from taxation until the new construction has been completed and found to be qualified real
estate.
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.

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CHAPTER 9
ECONOMIC DEVELOPMENT PROPERTY TAX

EXEMPTION
9.01 Purpose 9.04 When Effective
9.02 Definitions 9.05 Application
9.03 Eligibility
9.01 PURPOSE. The purpose of this chapter is to provide for a property tax exemption for
shell buildings constructed by community development organizations, not-for-profit
cooperative associations under Chapter 499 of the Code of Iowa, or for-profit entities for
speculative purposes in accordance with Section 427.1 of the Code of Iowa.
1. “Community development organization” means a City organization or a
multi-community group formed for one or more of the following purposes:
A. To promote, stimulate, develop, and advance the business prosperity
and economic welfare of the community, area, or region and its citizens.
B. To encourage and assist the location of new business and industry.
C. To rehabilitate and assist existing business and industry.
D. To stimulate and assist in the expansion of business activity.
For purposes of this definition, a community development organization must have at
least fifteen (15) members with representation from the government at the level or
levels corresponding to the community development organization’s area of operation;
a private sector lending institution; a community organization in the area; business in
the area; and private citizens in the community.
2. “New construction” means new buildings or structures and includes new
buildings or structures which are constructed as additions to existing buildings or
structures. “New construction” also includes reconstruction or renovation of an
existing building or structure which constitutes complete replacement of an existing
building or structure or refitting of an existing building or structure, if the
reconstruction or renovation of the existing building or structure is required due to
economic obsolescence, if the reconstruction or renovation is necessary to implement
recognized industry standards for the manufacturing or processing of products, and
the reconstruction or renovation is required in order to competitively manufacture or
process products or for community development organizations, not-for-profit
cooperative associations under Chapter 499 of the Code of Iowa, or for-profit entities
to market a building or structure as a speculative shell building, which determination
must receive prior approval from the Council.
3. “Speculative shell building” means a building or structure owned and
constructed or reconstructed by a community development organization, a not-for-
profit cooperative association under Chapter 499 of the Code of Iowa, or a for-profit
entity without a tenant or buyer for the purpose of attracting an employer or user

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CHAPTER 9 ECONOMIC DEVELOPMENT PROPERTY TAX EXEMPTION
which will complete the building to the employer’s or user’s specification for
manufacturing, processing, or warehousing the employer’s or user’s product line.
9.03 ELIGIBILITY. The new construction of shell buildings by the community

development organization, not-for-profit cooperative association under Chapter 499 of the
Code of Iowa, or for-profit entity for speculative purposes is eligible for property tax
exemption. The exemption shall be for one of the following:
1. The value added by new construction of a shell building or addition to an
existing building or structure.
2. The value of an existing building being reconstructed or renovated, and the
value of the land on which the building is located, if the reconstruction or renovation
constitutes complete replacement or refitting of the existing building or structure.
The exemption shall apply only for (i) properties that are currently served with public water
and sewer and for which no road improvements are needed or (ii) properties for which the
developer will assume all responsibilities for such public improvements.
9.04 WHEN EFFECTIVE.

1. If the exemption is for a project described in Subsection 1 of Section 9.03, the
exemption shall be effective for the assessment year in which the building is first
assessed for property taxation or the assessment year in which the addition to an
existing building first adds value. If the exemption is for a project described in
Subsection 2 of Section 9.03, the exemption shall be effective for the assessment year
following the assessment year in which the project commences. An exemption
allowed under this section shall be allowed for all subsequent years until the property
is leased or sold or until the exemption is terminated by ordinance of the City Council.
2. Eligibility for an exemption as a speculative shell building shall be
determined as of January 1 of the assessment year. However, an exemption shall not
be granted for a speculative shell building of a not-for-profit cooperative association
under Chapter 499 of the Code of Iowa or a for-profit entity if the building is used by
the cooperative association or for-profit entity or a subsidiary or majority owners
thereof for other than as a speculative shell building. If the shell building or any
portion of the shell building is leased or sold, the portion of the shell building which is
leased or sold, and a proportionate share of the land on which it is located if
applicable, shall not be entitled to an exemption under this section for subsequent
years. Upon the sale of the shell building, the shell building shall be considered new
construction for purposes of Section 427B.1 of the Code of Iowa if used for purposes
set forth in Section 427B.1.
9.05 APPLICATION.
1. If the speculative shell building project is a project described in Subsection 1
of Section 9.03, an application shall be filed pursuant to Section 427B.4 of the Code
of Iowa.
2. If the speculative shell building project is a project described in Subsection 2
of Section 9.03, an application shall be filed pursuant to Section 427.1(27) of the Code
of Iowa.

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CHAPTER 10
URBAN RENEWAL
EDITOR’S NOTE
The following ordinances, not codified herein and specifically saved from repeal, have been
adopted establishing Urban Renewal Areas in the City and remain in full force and effect.
ORDINANCE ADOPTED NAME OF AREA

NO.
90-10 June 26, 1990 Iowa Land Company Urban Renewal Area
90-15 November 13, 1990 North Liberty Urban Renewal Area
93-15 December 14, 1993 Amends North Liberty Urban Renewal Area
93-25 December 14, 1993 Amends North Liberty Urban Renewal Area
97-30 November 25, 1997 1997 Amendment to the North Liberty Urban Renewal Area
99-20 November 23, 1999 Amends North Liberty Urban Renewal Area
00-09 April 25, 2000 2000 Amendment to the North Liberty Urban Renewal Area

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CHAPTER 10 URBAN RENEWAL
°°°°°°°°°°

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CHAPTER 11
URBAN REVITALIZATION
EDITOR’S NOTE
adopted designating Urban Revitalization Areas in the City and remain in full force and effect.
ORDINANCE
ADOPTED NAME OF AREA
NO.
92-13 April 14, 1992 Revitalization Area No. 1

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CHAPTER 11 URBAN REVITALIZATION

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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 years.
15.02 POWERS AND DUTIES. The powers and duties of the Mayor are as follows:
1. Chief Executive Officer. Act as the chief executive officer of the City and
presiding officer of the Council, supervise all departments of the City, except for
supervisory duties delegated to the City Administrator, give direction to department
heads concerning the functions of the departments, and have the power to examine all
functions of the municipal departments, their records and to call for special reports
from department heads at any time.
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.
3. Special Meetings. Call special meetings of the Council when the Mayor
deems such meetings necessary to the interests of the City.
4. Mayor’s Veto. Sign, veto, or take no action on an ordinance, amendment, or
resolution passed by the Council. The Mayor may veto an ordinance, amendment, or
resolution within fourteen days after passage. The Mayor shall explain the reasons for
the veto in a written message to the Council at the time of the veto.
(Code of Iowa, Sec. 380.5 & 380.6[2])
5. Reports to Council. Make such oral or written reports to the Council as
required. These reports shall concern municipal affairs generally, the municipal
departments, and recommendations suitable for Council action.
6. Negotiations. Represent the City in all negotiations properly entered into in
accordance with law or ordinance. The Mayor shall not represent the City where this
duty is specifically delegated to another officer by law, ordinance, or Council
direction.
7. Contracts. Whenever authorized by the Council, sign contracts on behalf of
the City.
8. Professional Services. Upon order of the Council, secure for the City such
specialized and professional services not already available to the City. In executing
the order of the Council, the Mayor shall act in accordance with the Code of
Ordinances and the laws of the State.

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CHAPTER 15 MAYOR
9. Licenses and Permits. Sign all licenses and permits which have been granted
by the Council, except those designated by law or ordinance to be issued by another
municipal officer.
10. Nuisances. Issue written order for removal, at public expense, any nuisance
for which no person can be found responsible and liable.
11. Absentee Officer. Make appropriate provision that duties of any absentee
officer be carried on during such absence.
15.03 APPOINTMENTS. The Mayor shall appoint the Mayor Pro Tem, and the Mayor
also appoints, with Council approval, the following officials:
1. Police Chief
2. Library Board of Trustees
3. Parks and Recreation Commission
4. Tree and Storm Water Advisory Board
5. Telecommunications Commission
6. Cemetery Board (City members)
7. Planning and Zoning Commission
8. Zoning Board of Adjustment
15.04 COMPENSATION. The salary of the Mayor is $5,000.00 per year, payable in equal
monthly installments.
15.05 VOTING. The Mayor is not a member of the Council and shall not vote as a member
of the Council.

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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 shall appoint a member of the
Council as Mayor Pro Tem, who shall serve as vice president of the Council.
16.02 POWERS AND DUTIES. Except for the limitations otherwise provided herein, the
Mayor Pro Tem shall perform the duties of the Mayor in cases of absence or inability of the
Mayor to perform such duties. In the exercise of the duties of the office the Mayor Pro Tem
shall not have power to appoint, employ, or discharge from employment officers or employees
that the Mayor has the power to appoint, employ, or discharge without the approval of the
Council.
16.03 VOTING RIGHTS. The Mayor Pro Tem shall have the right to vote as a member of
the Council.
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.

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CHAPTER 16 MAYOR PRO TEM
°°°°°°°°°°

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CHAPTER 17
CITY COUNCIL
17.01 Number and Term of Council 17.04 Council 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 five Council
members elected at large for overlapping terms of four years.
(Code of Iowa, Sec. 372.4 & 376.2)
17.02 POWERS AND DUTIES. The powers and duties of the Council include, but are not
limited to the following:
1. General. All powers of the City are vested in the Council except as otherwise
provided by law or ordinance.
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.
3. Fiscal Authority. The Council shall apportion and appropriate all funds, and
audit and allow all bills, accounts, payrolls and claims, and order payment thereof. It
shall make all assessments for the cost of street improvements, sidewalks, sewers and
other work, improvement, or repairs which may be specially assessed.
(Code of Iowa, Sec. 364.2[1], 384.16 & 384.38[1])
4. Public Improvements. The Council shall make all orders for the construction
of any improvements, bridges, or buildings.
5. Contracts. The Council shall make or authorize the making of all contracts.
No contract shall bind or be obligatory upon the City unless approved by the Council.
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.
7. Setting Compensation for Elected Officers. By ordinance, the Council shall
prescribe the compensation of the Mayor, Council members, and other elected City
officers, but a change in the compensation of the Mayor does not become effective
during the term in which the change is adopted, and the Council shall not adopt such
an ordinance changing the compensation of any elected officer during the months of
November and December in the year of a regular City election. A change in the
compensation of Council members becomes effective for all Council members at the
beginning of the term of the Council members elected at the election next following
the change in compensation.

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CHAPTER 17 CITY COUNCIL
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:
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.
2. Overriding Mayor’s Veto. Within thirty (30) days after the Mayor’s veto, the
Council may pass the measure again by a vote of not less than two-thirds of all of the
members of the Council.
3. Measures Become Effective. Measures passed by the Council become
effective in one of the following ways:
A. An ordinance or amendment signed by the Mayor becomes effective
when the ordinance or a summary of the ordinance is published, unless a
subsequent effective date is provided within the ordinance or amendment.
B. A resolution signed by the Mayor becomes effective immediately
upon signing.
C. A motion becomes effective immediately upon passage of the motion
by the Council.
(Code of Iowa, Sec. 380.6[1c])
D. If the Mayor vetoes an ordinance, amendment or resolution and the
Council repasses the measure after the Mayor’s veto, a resolution becomes
effective immediately upon repassage, and an ordinance or amendment
becomes a law when the ordinance or a summary of the ordinance is
published, unless a subsequent effective date is provided within the ordinance
or amendment.
E. If the Mayor takes no action on an ordinance, amendment or
resolution, a resolution becomes effective fourteen (14) days after the date of
passage, and an ordinance or amendment becomes law when the ordinance or
a summary of the ordinance is published, but not sooner than 14 days after the
date of passage, unless a subsequent effective date is provided within the
ordinance or amendment.
“All of the members of the Council” refers to all of the seats of the Council including a vacant
seat and a seat where the member is absent, but does not include a seat where the Council
member declines to vote by reason of a conflict of interest.

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17.04 COUNCIL MEETINGS. Procedures for giving notice of meetings of the Council
and other provisions regarding the conduct of Council meetings are contained in Section 5.06
of this Code of Ordinances. Additional particulars relating to Council meetings are the
following:
1. Regular Meetings. The time and place of the regular meetings of the Council
shall be fixed by resolution of the Council.
2. Special Meetings. Special meetings shall be held upon call of the Mayor or
upon the request of a majority of the members of the Council.
3. Quorum. A majority of all Council members is a quorum.
4. Rules of Procedure. The Council shall determine its own rules and maintain
records of its proceedings.
5. Compelling Attendance. Any three members of the Council can compel the
attendance of the absent members at any regular, adjourned, or duly called meeting,
by serving a written notice upon the absent members to attend at once.
17.05 APPOINTMENTS. The Council shall appoint the following officials and prescribe
their powers, duties, compensation, and term of office:
1. City Clerk
2. City Attorney
3. City Administrator
4. City Treasurer
17.06 COMPENSATION. The salary of each Council member is $50.00 for each meeting
of the Council attended, payable annually.

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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 Publication of Minutes 18.10 Issue Licenses and Permits
18.04 Recording Measures 18.11 Notify Appointees
18.05 Publication 18.12 Elections
18.06 Authentication 18.13 City Seal
18.07 Certify Measures 18.14 City Funds
18.01 APPOINTMENT AND COMPENSATION. The Council shall appoint by majority

vote a City Clerk to serve at the discretion of the Council. The Clerk shall receive such
compensation as established by resolution of the Council.
18.02 POWERS AND DUTIES: GENERAL. The Clerk or, in the Clerk’s absence or
inability to act, the Deputy Clerk has the powers and duties as provided in this chapter, this
Code of Ordinances, and the law.
18.03 PUBLICATION OF MINUTES. Within fifteen (15) days following a regular or

special meeting, the Clerk shall cause the minutes of the proceedings thereof to be published.
Such publication shall include a list of all claims allowed and a summary of all receipts and
shall show the gross amount of the claims.
18.04 RECORDING MEASURES. The Clerk shall promptly record each measure
considered by the Council and record a statement with the measure, where applicable,
indicating whether the Mayor signed, vetoed or took no action on the measure, and whether
the measure was repassed after the Mayor’s veto.
(Code of Iowa, Sec. 380.7[1 & 2])
18.05 PUBLICATION. The Clerk shall cause to be published all ordinances, enactments,
proceedings and official notices requiring publication as follows:
1. Time. If notice of an election, hearing, or other official action is required by
this Code of Ordinances or law, the notice must be published at least once, not less
than four (4) or more than twenty (20) days before the date of the election, hearing, or
other action, unless otherwise provided by law.
2. Manner of Publication. A publication required by this Code of Ordinances or
law must be in a newspaper published at least once weekly and having general
circulation in the City.
18.06 AUTHENTICATION. The Clerk shall authenticate all measures except motions
with the Clerk’s signature, certifying the time and manner of publication when required.

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CHAPTER 18 CITY CLERK
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.
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.
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.
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[5])
5. Filing of Communications. Keep and file all communications and petitions
directed to the Council or to the City generally. The Clerk shall endorse thereon the
action of the Council taken upon matters considered in such communications and
petitions.
18.09 ATTENDANCE AT MEETINGS. The Clerk shall attend all regular and special
Council meetings and, at the direction of the Council, the Clerk shall attend meetings of
committees, boards, and commissions. The Clerk shall record and preserve a correct record of
the proceedings of such meetings.
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.

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18.11 NOTIFY APPOINTEES. The Clerk shall inform all persons appointed by the
Mayor or Council to offices in the City government of their positions and the time at which
they shall assume the duties of their offices.
18.12 ELECTIONS. The Clerk shall perform the duties relating to elections and
nominations in accordance with Chapter 376 of the Code of Iowa.
18.13 CITY SEAL. The City seal is in the custody of the Clerk and shall be attached by the
Clerk to all transcripts, orders, and certificates which it may be necessary or proper to
authenticate. The City seal is circular in form, in the center of which are the words “NORTH
LIBERTY, IOWA” and around the margin of which are the words “CITY SEAL.”
18.14 CITY FUNDS. The Clerk shall perform the following duties relating to City funds.
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 Receipts. Keep an accurate record of all money or securities received
on behalf of the City and specify the date, from whom, and for what purpose received.
3. Record Disbursements. Keep an accurate account of all disbursements,
money, or property, specifying date, to whom, and from what fund paid.
4. Special Assessments. Keep a separate account of all money received from
special assessments.
5. Debt Service. Keep a register of all bonds outstanding and record all
payments of interest and principal.

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°°°°°°°°°°

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CHAPTER 19
CITY TREASURER
19.01 Appointment 19.03 Duties of Treasurer
19.02 Compensation
19.01 APPOINTMENT. The Council shall appoint by majority vote a City Treasurer to
serve at the discretion of the Council.
19.02 COMPENSATION. The Treasurer is paid such compensation as specified by

resolution of the Council.
19.03 DUTIES OF TREASURER. The Treasurer shall perform such duties as specified by
the Council.

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CHAPTER 19 CITY TREASURER
°°°°°°°°°°

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CHAPTER 20
CITY ATTORNEY
20.01 Appointment and Compensation 20.05 Review and Comment
20.02 Attorney for City 20.06 Provide Legal Opinion
20.03 Power of Attorney 20.07 Attendance at Council Meetings
20.04 Ordinance Preparation 20.08 Prepare Documents
20.01 APPOINTMENT AND COMPENSATION. The Council shall appoint by majority

vote a City Attorney to serve at the discretion 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.
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.
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.
20.05 REVIEW AND COMMENT. The City Attorney shall, upon request, make a report
to the Council giving an opinion on all contracts, documents, resolutions, or ordinances
submitted to or coming under the City Attorney’s notice.
20.06 PROVIDE LEGAL OPINION. The City Attorney shall give advice or a written
legal opinion on City contracts and all questions of law relating to City matters submitted by
the Mayor, Council, or City Administrator.
20.07 ATTENDANCE AT COUNCIL MEETINGS. The City Attorney shall attend

meetings of the Council at the request of the Mayor or Council.
20.08 PREPARE DOCUMENTS. The City Attorney shall, upon request, formulate drafts
for contracts, forms and other writings which may be required for the use of the City.

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CHAPTER 20 CITY ATTORNEY
°°°°°°°°°°

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CHAPTER 21
CITY ADMINISTRATOR
21.01 Term of Office 21.03 Duties
21.02 Compensation
21.01 TERM OF OFFICE. The City Administrator shall be appointed by the Council
pursuant to an employment agreement and shall serve at its direction and that of the Mayor,
until resignation of that person or until that person’s removal by the Council in accordance
with the terms of the employment agreement.
21.02 COMPENSATION. The compensation for the City Administrator, including

expenses, shall be fixed by resolution of the Council.
21.03 DUTIES.
1. The duties of the City Administrator are as follows:
A. To supervise enforcement and execution of this Code of Ordinances,
policies, and Council directives and to have general supervision and direction
of the administration of the City government.
B. To attend all meetings of the Council unless excused therefrom by the
Council or the Mayor.
C. To be directly responsible to the Council for the administration of
municipal affairs as directed by that body. All City departmental
administration requiring the attention of the Council shall be brought before
the Council by the City Administrator. Council involvement in administration
initiated by the Council must be coordinated through the City Administrator.
D. To supervise and direct the official conduct of all non-elected
officers, departments, and employees of the City.
E. To hire such employees of the City for which the Council has
approved the position generally and to discharge employees found
incompetent or derelict in their duties. Employment and discharge at
department head level, unless otherwise specifically provided for by
ordinance, shall be subject to approval upon the Council. The power to hire
and discharge shall not apply to the City Clerk, City Attorney, City Engineer,
and the City Treasurer, but the City Administrator shall report to and advise
the Council and Mayor on the performance of the individuals filling those
positions, suggesting recommendations with regard to their employment, all
subject to grievance procedures of this Code.
F. Upon order of the Council, to obtain for the City such specialized and
professional services deemed necessary by the Council and not already
available to the City.
G. To supervise the construction, improvement, repair, maintenance, and
management of all City property capital improvements and undertakings of
the City, except as provided by the Council in a separate agreement. A report

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CHAPTER 21 CITY ADMINISTRATOR
and accounting of all such obligations, agreements, commitments, and

contractual relationships involving the City shall be maintained and a prompt
periodic reporting, in writing, shall be given to the Mayor and the Council
advising of the status of all such projects. In addition, in the event that there
are any major deviations from any agreements, the Council shall receive an
immediate report in order that the appropriate action can be taken.
H. To make such investigations into the affairs and conduct of any
department, agency, officer, or employee under the supervision of the City
Administrator as is necessary or desirable or as so directed by the Council.
I. To supervise the recording, issuing and revocation of licenses and
permits and to sign the same when authorized by this Code.
J. To keep the Council fully advised of the financial and other
conditions of the City and its future needs.
K. To make to the Council periodic itemized financial reports in writing.
L. To assemble the department heads’ proposed annual departmental
budgets, which proposals shall include projected revenues, proposed
expenditures, and salary requirements and thereafter to submit said proposed
budget on prescribed forms to the Council.
M. To conduct the business affairs of the City and cause accurate records
to be kept.
N. To designate one or more City employees to discharge the duties of
the office of City Administrator when the City Administrator is absent from
his or her position or when the position is vacant. Said designation shall be
subject to Council approval.
O. To order to be abated any nuisance as established under this Code.
Said order shall be in writing.
P. To direct the purchasing of all commodities, materials, supplies,
capital outlay, and services for all departments of the City that have been
budgeted and appropriated by appropriate resolution of the Council and to
enforce a program to determine that such purchases are received and are of
the quality and character called for in the appropriate purchase order.
Q. To assist the Council and the Planning and Zoning Commission in the
carrying out of the comprehensive plan and to assist in all other forms of
planning with the City government.
R. To furnish the goals, as established by the Council and the plans
therefor, to citizens, businesses, community organizations and boards and
other interested parties, and to coordinate actions of the City with all other
communities and regional groups, and to be able to share matters of mutual
interest or concern.
2. The City Administrator shall be in a position to receive all inquiries, concerns,
and complaints voiced through residents of the City, elected officials, or other parties
and to take such action as is necessary to make sure that the problems are resolved and
to present to the Council a proper report advising as to the nature and character of any
such incident.

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3. The City Administrator shall be charged to constantly work on methods of

improving municipal operations, including the adoption of programs that would be
beneficial to the City and to keep the Council advised of any new developments which
would be beneficial to the City or of some detriment to the City.
4. The City Administrator shall perform such other duties as the Council may
direct.

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°°°°°°°°°°

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CHAPTER 22
PUBLIC LIBRARY
22.01 Purpose 22.07 Powers and Duties
22.02 Established 22.08 Nonresident Use
22.03 Library Board of Trustees 22.09 Agreements for the Use of Other Libraries and Facilities
22.04 Composition and Appointment of Board 22.10 Library Account
22.05 Qualifications of Trustees 22.11 Annual Report
22.06 Terms and Compensation
22.01 PURPOSE. The purpose of this chapter is to provide for the establishment of a free
public library for the City, to provide for the appointment of a City Library Board of Trustees,
and to specify the Board’s powers and duties.
22.02 ESTABLISHED. There is established a free public library for the City, to be known
as the North Liberty Community Library.
22.03 LIBRARY BOARD OF TRUSTEES. The Board of Trustees of the North Liberty
Community Library shall have charge, control and supervision of the library and its
appurtenances, fixtures and rooms, subject to approval of the City Council.
22.04 COMPOSITION AND APPOINTMENT OF BOARD. The Board of Trustees of

the Community Library shall consist of five resident members and one nonresident member,
as hereinafter provided. All resident trustees are to be appointed by the Mayor, subject to the
approval of the Council. The nonresident member is to be appointed by the Mayor, subject to
the approval of the Johnson County Board of Supervisors.
22.05 QUALIFICATIONS OF TRUSTEES. All the members of the Board shall be bona
fide citizens and residents of the City, except for the nonresident member who shall be a
resident of Johnson County but not of the City. All shall be over the age of eighteen.
22.06 TERMS AND COMPENSATION.

1. Terms of Office. All appointments to the Board shall be for staggered terms
of four years, except to fill vacancies. Each term shall commence on July 1.
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 the 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 but
may receive reimbursement for expenses incurred in the performance of their duties.

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CHAPTER 22 PUBLIC LIBRARY
22.07 POWERS AND DUTIES. The Board shall have and exercise the following powers
and duties:
1. To meet and elect from its members a president, a secretary, and such other
officers as it deems necessary;
2. To direct and control all of the affairs of the library, subject to the approval of
the City Council;
3. To establish a system of volunteers to assist in the library;
4. To recommend to the City Administrator the employment of a library director
and such other personnel as are necessary for the proper management of the library;
provided, however, said appointments shall not be made until such time as the City
Council has sufficient finances to properly fund the personnel in the library. Said
personnel, if hired, shall be compensated in accordance with established City policies.
In the event any employee involved in the library administration fails to follow the
proper guidelines and procedures, the Board may recommend to the City
Administrator his or her removal or such other action as is necessary to ensure that the
City has a most efficient, capable, and loyal library staff;
5. To provide advice and recommendations to the City Administrator concerning
library employee matters, while recognizing that as a department head of the City, the
Library Director reports directly to and is supervised by the City Administrator and,
further, that the library and its employees are a department of the City;
6. To select or authorize the Library Director to make purchases of books,
pamphlets, magazines, periodicals, papers, maps, journals, other library materials,
furniture, fixtures, stationery and supplies for the library within the budgetary limits
and policies established by the City Council;
7. To prepare and present to the City Council an annual budget for the operation
of the library; and
8. To keep a record of proceedings and furnish a copy of minutes of the meeting
to the City Clerk within two weeks after any Board meeting.
22.08 NONRESIDENT USE. The Board may authorize the use of the library by
nonresidents by establishment of a contractual arrangement, fees or other methods of
recovering the cost thereof, all as approved by the City Council.
22.09 AGREEMENTS FOR THE USE OF OTHER LIBRARIES AND FACILITIES.

1. Agreements. The Board may recommend to the City Council that contractual
arrangements be made with other boards of trustees of public libraries and any local
school district, private or semi-private organization, institution of higher learning,
township, county, or county library district for the use of the library for their
respective residents.
2. Termination of Agreement. Any agreement entered into shall have a clause
providing for the mutual termination of that agreement.
3. Advise and Consent. The Board, if it contemplates that it would be beneficial
to the City to enter into such agreement, shall so advise the City Council of any
proposals that said Board feels would be beneficial to the community.

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22.10 LIBRARY ACCOUNT. All money appropriated by the Council from the general
fund for the operation and maintenance of the library shall be set aside in a separate account
for the benefit of the library. No expenditures shall be made without warrants being properly
issued by the City Clerk.
22.11 ANNUAL REPORT. The Board and the Library Director shall make a report to the
City Council immediately after the close of the municipal fiscal year. This report shall contain
statements of the condition of the library, the number of books added thereto, the number
circulated, the amount of fines collected, and the amount of money expended in the
maintenance of the library during the year, together with such further information requested or
required by the Council.

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°°°°°°°°°°

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CHAPTER 23
PARKS AND RECREATION COMMISSION

23.01 Purpose 23.05 Duties
23.02 Established 23.06 Compensation
23.03 Appointment of Members 23.07 Election of Officers
23.04 Term 23.08 Meetings
23.01 PURPOSE. The purpose of this chapter is to establish a Parks and Recreation
Commission for the purpose of operating and directing the parks and recreational areas in the
City.
23.02 ESTABLISHED. There is established a Parks and Recreation Commission for the
City.
23.03 APPOINTMENT OF MEMBERS. The Parks and Recreation Commission shall

consist of seven members appointed by the Mayor, subject to the approval of the Council.
The members of the Commission shall be citizens and residents of the City, except the Mayor
may appoint up to one member who is not a citizen or resident of the City, provided the
individual is a resident of Johnson County residing within five miles of the corporate City
limits and is not a resident or citizen of any other municipal corporation. This member shall
be a regular and full member of the Commission and shall be entitled to vote on any matter
before the board. In addition, the Recreation Director shall serve as an ex officio member of
the Commission in order to better coordinate the recreational activities of the City. The
Mayor may, for good cause shown, appoint such other ex officio members as the Mayor and
Commission feel would be beneficial to the parks and recreation program of the City. Ex
officio Commissioners shall not be entitled to vote on any matter before the Commission.
23.04 TERM. The seven members shall be appointed for staggered terms, with no more
than three members having their appointment end in a single year, and all appointments shall
be for three years. In the event of a vacancy, a successor shall be appointed to fill the
unexpired term for which such former member was originally appointed.
23.05 DUTIES.
1. The Commission shall recommend and review policies, rules, regulations,
ordinances, and budgets relating to parks and playgrounds of the City and make such
reports to the Council as the Commission deems in the public interest. The
Commission shall annually transmit to the Council a report of its activities and
recommendations for the development and operation of parks, recreation centers,
playgrounds, and programs.
2. The Commission shall exercise broad responsibility for the development of
parks, recreation centers, and playgrounds for the City. The Commission is
authorized to create and appoint advisory groups to make studies and to disseminate
information on all of its activities. Such groups shall serve without compensation.
The Commission shall plan for the general beauty of the City and its approaches.

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CHAPTER 23 PARKS AND RECREATION COMMISSION
3. The Commission shall be responsible for integrating its program with other
governmental agencies, including but not limited to the City, the community school
district, Johnson County, and other surrounding municipal units.
23.06 COMPENSATION. Members of the Commission, including ex officio members,

shall serve without compensation.
23.07 ELECTION OF OFFICERS. At its regular meeting in July, the Commission shall
elect from its own membership a Chairperson and Vice Chairperson, each to serve for a term
of one year. The Commission shall also, at its regular July meeting, elect a Secretary who
may be (but need not be) a member of the Commission.
23.08 MEETINGS.
1. The Commission shall hold at least one regular meeting during each calendar
month, the time and place to be determined by its rules.
2. The Chairperson, Vice Chairperson, or any three of the members of the
Commission may call a special meeting by giving at least one clear day’s notice in
writing to every member of the Commission. The call for special meeting shall
include an agenda, and only matters included in that agenda may be discussed at that
meeting.
3. A quorum of the Commission shall be four members.
4. The Commission may adopt, amend, or rescind such rules as may be
necessary for the conduct of its business.
5. The Commission shall cause to be submitted to the City Clerk the minutes of
any meeting within a reasonable time after the meeting, but the submission shall be
prior to the next date of meeting of the Council.

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CHAPTER 24
TREE AND STORM WATER ADVISORY BOARD

24.01 Purpose 24.05 Compensation
24.02 Established 24.06 Election of Officers
24.03 Appointment and Terms 24.07 Meetings
24.04 Duties
24.01 PURPOSE. The purpose of this chapter is to establish a Tree and Storm Water
Advisory Board and to authorize the Board to study, investigate, plan, advise, report, and
recommend any action, program, purchase, plan, or legislation which the Board finds or
determines necessary or advisable for:
1. The care, preservation, pruning, planting, replanting, removal, or disposition
of trees, shrubs, plants, foliage, or other landscaping in public parks, along streets, and
in other public areas.
2. The establishment of a public education and outreach program about the
impact of storm water discharges and measures which residents can implement to
reduce pollutants in storm water runoff.
24.02 ESTABLISHED. There is established a Tree and Storm Water Advisory Board for
the City.
24.03 APPOINTMENT AND TERMS. The Tree and Storm Water Advisory Board shall
consist of five members who are citizens and residents of the City, appointed by the Mayor,
subject to Council approval. In addition, the Mayor may, for good cause shown, appoint ex
officio members to the Board. Ex officio Board members shall not be entitled to vote on any
matter before the Board. The five members appointed to the Board shall be appointed for
staggered terms, with no more than two members having their appointment terms end in a
single year. All appointments shall be for three-year terms. In the event of a vacancy, a
successor shall be appointed to fill the unexpired term for which such former member was
originally appointed.
24.04 DUTIES. The Board shall have and exercise the following powers and duties:
1. Study, investigate, develop, update annually, and oversee the administration
of a written plan for the care, preservation, pruning, planting, replanting, removal, or
disposition of trees, shrubs, or other foliage in City parks, along streets, and in other
public areas. Such plan will be presented annually to the Council and upon
acceptance and approval shall constitute the official comprehensive City Tree Plan.
2. Develop standards for tree maintenance and other specifications to foster the
City’s tree population.
3. Assist in distributing and disseminating information about the protection,
maintenance, and improvement of the City’s tree population.
4. Provide technical advice and assistance to developers, builders, contractors,
and others in the selection and protection of trees during the development of property
within the City, including the development of wooded areas.

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CHAPTER 24 TREE AND STORM WATER ADVISORY BOARD
5. Develop and implement a public education program about the impacts of

storm water discharges and measures which residents can implement to reduce
pollutants in storm water runoff, as set forth in the North Liberty municipal separate
storm sewer system permit.
6. Sponsor an annual creek cleanup program in which debris in the waterways
located in the City is removed.
7. Promote integration of the City’s tree and storm water programs with other
governmental agencies and commissions, including (but not limited to) the school
districts, Johnson County, and other surrounding municipalities.
8. When requested by the Council, make a study and report findings and
recommendations on any special question coming within the scope of the Board’s
work.
9. Propose such legislation to the Council as may be necessary and practical to
pursue the ends for which the Board was created.
10. Monitor and initiate action regarding the enforcement of applicable
ordinances.
24.05 COMPENSATION. Members of the Board, including ex officio members, shall

serve without compensation.
24.06 ELECTION OF OFFICERS. The Board shall elect from its own membership at its
regular meeting in July its Chairperson and Vice Chair, each to serve for a term of one year.
24.07 MEETINGS.
1. The Board shall hold at least one regular meeting during each calendar month,
the time and place to be determined by its rules.
2. The Chairperson, Vice Chair, or any three members of the Board may call a
special meeting in accordance with the open meeting laws of the State. The call for
special meetings shall include an agenda and only matters included in that agenda may
be discussed at the meeting.
3. A quorum of the Board shall consist of three members. Passage of any
recommendation or other measure requires an affirmative vote of not less than three
Board members.
4. The Board may adopt, amend, or rescind such rules as it may deem necessary
for the conducting of its business and to carry out its duties and purposes.
5. The Board shall submit minutes of any meeting to the City Clerk within a
reasonable time after the meeting, but the submission shall be prior to the next
regularly scheduled Council meeting following such Board meeting.

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CHAPTER 25
TELECOMMUNICATIONS COMMISSION
25.01 Purpose 25.05 Compensation
25.02 Commission Established 25.06 Election of Officers
25.03 Appointment and Terms 25.07 Meetings
25.04 Duties 25.08 Rules and Regulations
25.01 PURPOSE. The purpose of this chapter is to establish a Telecommunications

Commission for the purpose of administering the North Liberty Cable Television Regulatory
and Franchise Enabling Ordinance and Franchise Agreement.
25.02 COMMISSION ESTABLISHED. There is established a Telecommunications

Commission for the City.
25.03 APPOINTMENT AND TERMS. The Telecommunications Commission shall

consist of five members appointed by the Mayor, subject to the approval of the Council. The
Commission members shall be residents of the City, except that one nonresident cable
subscriber may be appointed to the Commission in the Mayor’s discretion. The five members
shall be appointed for staggered terms, with no more than two members having their
appointment end in a single year. All appointments shall be for three years. In the event of a
vacancy, a successor shall be appointed to fill the unexpired term for which such former
member was originally appointed.
25.04 DUTIES. The duties of the Telecommunications Commission are as follows:

1. Resolving disputes or disagreements between subscribers, potential
subscribers, and the grantee should such parties be unable first to resolve their
disputes. The Commission may conduct a public hearing upon any petition by any
person seeking resolution of a dispute concerning the operation of any franchise
granted by the North Liberty Cable Television Regulatory and Franchise Enabling
Ordinance. The hearing shall be conducted informally and in such a manner as to
give each party a reasonable opportunity to present its evidence. Following such
hearing, the Commission shall issue its findings or determination. Such finding or
decision shall be final, unless appealed to the Council within ten days of the
Commission’s decision. The Council, on appeal, may reverse, affirm, or modify the
Commission’s decision.
2. Reviewing and auditing reports submitted to the City as required by this
chapter and such other correspondence as may be submitted to the City concerning the
operation of the cable television system and to ensure that any necessary reports are
completed and fulfilled pursuant to the terms of the North Liberty Cable Ordinance.
3. The Commission will work with the public and media to assure that all
records, rules, and charges appurtenant to the cable television system are made
available for inspection at reasonable hours upon reasonable notice.

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CHAPTER 25 TELECOMMUNICATIONS COMMISSION
4. Confer with the grantee and advise the City on the interconnection of the City
system with other cable and communication systems.
5. Subsequent to the initial franchise, solicit, review, and provide
recommendations to the Council for selection of applicants for franchises.
6. Initiate inquiries, receive requests for review of rates charged by the grantee,
and provide recommendation on such actions to the Council.
7. Conduct evaluations of the cable television system at least every three years
with the grantee and make recommendations to the Council concerning system
improvements and amendments to this chapter or the franchise agreement.
8. Establish and administer sanctions as authorized by the North Liberty Cable
Ordinance.
9. Make recommendations to the cable operator with regard to the cable
television system and the educational and governmental access channels.
10. Ensure that the cable operator makes the public access channels available to
all residents of the City on a nondiscriminatory basis and cooperate with the entity
operating access channels as those operators develop rules for such channels.
11. Assure that the operation of the public access channel be as free of program
censorship and control as legally possible.
12. Perform such other duties and functions relative to public access channels as
may be appropriate in order to maximize their use among the widest range of
individuals, institutions, and other organizations within the City. This includes
recommendations to the Council for utilization of the annual franchise payment.
25.05 COMPENSATION. Members of the Telecommunications Commission shall serve

without compensation.
25.06 ELECTION OF OFFICERS. The Commission shall elect from its own membership
at its regular meeting in July its Chairperson and Vice Chair, each to serve for a term of one
year. The Commission shall also appoint a Secretary at its regular July meeting, who may be
(but need not be) a member of the Commission.
25.07 MEETINGS.
1. The Commission shall hold at least one regular meeting during each calendar
month, the time and place to be determined by its rules.
2. The Chairperson, Vice Chair, or any three of the members of the Commission
may call a special meeting by giving at least three days’ notice in writing to every
member of the Commission. The call for a special meeting shall include an agenda,
and only matters included in that agenda may be discussed at the meeting.
3. A quorum of the Commission shall be three members.
4. The Commission shall submit minutes of any meeting to the City Clerk within
a reasonable time after the meeting, but the submission shall be prior to the next
regularly scheduled Council meeting following said Commission meeting.
25.08 RULES AND REGULATIONS. The Commission shall adopt such rules and
regulations as it deems necessary to carry out its functions, conduct its meetings, and to ensure

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that notice and due process are given to all parties concerning any hearing on any complaints
to said Commission and that the hearings are held promptly in accordance with reasonable
notice to all parties.

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°°°°°°°°°°

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CHAPTER 26
CEMETERY BOARD
26.01 Purpose 26.05 Powers and Duties
26.02 Established 26.06 Compensation
26.03 Appointment 26.07 Election of Officers
26.04 Term 26.08 Meetings
26.01 PURPOSE. The purpose of this chapter is to establish a joint Cemetery Board with
Penn Township for the purpose of maintaining two cemeteries in the Township, Ridgewood
Cemetery in Section 1, and the historical cemetery situated in Section 17 (also known as the
Alt Cemetery), pursuant to the authority vested in Section 359.36, Code of Iowa, and Chapter
28E, Code of Iowa, for the purpose of maintaining, improving, and supporting said Township
cemeteries.
26.02 ESTABLISHED. There is established a Cemetery Board for the City.
26.03 APPOINTMENT. The Cemetery Board shall consist of six members, three of whom
shall be appointed by the Mayor, subject to approval of the Council. The other three members
will be the duly elected Township trustees from Penn Township in Johnson County, Iowa.
Pursuant to Section 359.36, Code of Iowa, each of the members shall have equal voting
powers.
26.04 TERM. The three members appointed by the Mayor shall be appointed for staggered
terms, with no more than two members having their appointment end in a single year. All
appointments shall be for a period of three years. In the event of any vacancy, a successor
shall be appointed by the Mayor to fill the unexpired term for which the member was
originally appointed. As for the three members from Penn Township, who shall be duly
elected trustees, their term shall be as provided for under the Code of Iowa, and any successor
that is necessary to be appointed shall be appointed as required by the Code of Iowa for the
replacement of trustees.
26.05 POWERS AND DUTIES.

1. The Board shall recommend and review policies, rules, and regulations
relating to the two cemeteries, and shall annually work to present a budget to the City
for its approval. The Board shall report annually to the Council, or if there is a unique
problem that has been presented, shall present that to the Council, in order that the
spirit of cooperation will be maintained with the other three members from Penn
Township.
2. The Board shall work with the Penn Township trustees, for the purpose of
making sure that cemeteries will be maintained in a proper manner in order that the
peace and decorum of the cemetery will be maintained at all times.
3. The Board shall work within the framework of a certain agreement entered
into by and between the City and the Penn Township trustees, which agreement is
renewable on an annual basis.

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CHAPTER 26 CEMETERY BOARD
26.06 COMPENSATION. Members of the Board from the City shall serve without
compensation. The Secretary of the Board, who is also the Secretary for the Township
trustees, will be compensated pursuant to that certain agreement with Penn Township.
26.07 ELECTION OF OFFICERS. The Board shall elect a Chairperson at the annual
meeting in July, and a Vice Chair, each to serve a term of one year. A duly elected Clerk of
Penn Township shall serve as Secretary of the said Cemetery Board to take minutes at the
meeting, and under the Board’s supervision, to collect and disburse money on behalf of the
Board.
26.08 MEETINGS.
1. The Board shall meet on the first Monday of the months of February, April,
and November at 7:30 p.m., for the purpose of transacting such business as shall come
before it.
2. The Chairperson or Vice Chairperson may call a special meeting of said
Board by giving at least 48 hours’ notice in writing to every member of the Board.
The call for the special meeting shall include an agenda, and only matters included in
that agenda may be discussed at that meeting.
3. The Board may adopt, amend, or rescind such rules as may be necessary for
the conduct of its business.

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CHAPTER 30
POLICE DEPARTMENT
30.01 Department Established 30.06 Peace Officers Appointed
30.02 Organization 30.07 Police Chief: Duties
30.03 Peace Officer Qualifications 30.08 Departmental Rules
30.04 Required Training 30.09 Summoning Aid
30.05 Compensation 30.10 Taking Weapons
30.01 DEPARTMENT ESTABLISHED. The police department of the City is established

to provide for the preservation of peace and enforcement of law and ordinances within the
corporate limits of the City.
30.02 ORGANIZATION. The department consists of the Police Chief and such other law
enforcement officers and personnel, whether full or part time, as may be authorized by the
Council.
30.03 PEACE OFFICER QUALIFICATIONS. In no case shall any person be selected or

appointed as a law enforcement officer unless such person meets the minimum qualification
standards established by the Iowa Law Enforcement Academy.
30.04 REQUIRED TRAINING. All peace officers shall have received the minimum
training required by law at an approved law enforcement training school within one year of
employment. Peace officers shall also meet the minimum in-service training as required by
law.
(Code of Iowa, Sec. 80B.11[2])
(IAC, 501-3 and 501-8)
30.05 COMPENSATION. Members of the department are designated by rank and receive
such compensation as shall be determined by resolution of the Council.
30.06 PEACE OFFICERS APPOINTED. The Mayor shall appoint and dismiss the Police
Chief subject to the consent of a majority of the Council. The City Administrator shall select,
subject to the approval of the Council, the other members of the department.
30.07 POLICE CHIEF: DUTIES. As a department head of the City, the Police Chief
reports directly to and is supervised by the City Administrator. In addition, the Police Chief
has the following powers and duties subject to the approval of the Council.
1. General. Perform all duties required of the Police Chief by law or ordinance.
2. Enforce Laws. Enforce all laws, ordinances, and regulations and bring all
persons committing any offense before the proper court.
3. Writs. Execute and return all writs and other processes directed to the Police
Chief.

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CHAPTER 30 POLICE DEPARTMENT
4. Accident Reports. Report all motor vehicle accidents investigated to the State
Department of Transportation.
5. Prisoners. Be responsible for the custody of prisoners, including conveyance
to detention facilities as may be required.
6. Assist Officials. When requested, provide aid to other City officers, boards,
and commissions in the execution of their official duties.
7. Investigations. Provide for such investigation as may be necessary for the
prosecution of any person alleged to have violated any law or ordinance.
8. Record of Arrests. Keep a record of all arrests made in the City by showing
whether said arrests were made under provisions of State law or City ordinance, the
offense charged, who made the arrest and the disposition of the charge.
9. Reports. Compile and submit to the Mayor and Council an annual report as
well as such other reports as may be requested by the Mayor or Council.
10. Command. Be in command of all officers appointed for police work and be
responsible for the care, maintenance, and use of all vehicles, equipment, and
materials of the department.
30.08 DEPARTMENTAL RULES. The Police Chief shall establish such rules, not in
conflict with the Code of Ordinances, and subject to the approval of the Council, as may be
necessary for the operation of the department.
30.09 SUMMONING AID. Any peace officer making a legal arrest may orally summon as
many persons as the officer reasonably finds necessary to aid the officer in making the arrest.
30.10 TAKING WEAPONS. Any person who makes an arrest may take from the person
arrested all items which are capable of causing bodily harm which the arrested person may
have within such person’s control to be disposed of according to law.

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CHAPTER 35
FIRE DEPARTMENT
35.01 Establishment and Purpose 35.08 Constitution
35.02 Organization 35.09 Accidental Injury Insurance
35.03 Training 35.10 Liability Insurance
35.04 Compensation 35.11 Calls Outside City
35.05 Appointment of Officers and Members 35.12 Mutual Aid
35.06 Fire Chief: Duties 35.13 Authority to Cite Violations
35.07 Obedience to Fire Chief 35.14 First Responder Service
35.01 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.
35.02 ORGANIZATION. The department consists of such full-time members, part-time

members, and volunteer members as authorized by the Council.
35.03 TRAINING. All members of the department shall meet the minimum training
standards established by the State Fire Marshal and attend and actively participate in regular
or special training drills or programs as directed by the Fire Chief.
35.04 COMPENSATION. Members of the department shall be designated by rank and

receive such compensation as shall be determined by resolution of the Council.
35.05 APPOINTMENT OF OFFICERS AND MEMBERS. The Fire Chief and Assistant
Fire Chief shall be appointed by, and serve at the pleasure of, the City Administrator, subject
to the approval of the Council. In case of absence of the Fire Chief, the Assistant Fire Chief
shall be in charge and have and exercise all the powers of Fire Chief. The Fire Chief shall
appoint the volunteer firefighters, fill vacancies among them, and dismiss them, subject to the
approval of the Council. No person having otherwise qualified shall be appointed to the
department until such appointment is submitted to and approved by a majority of the Council
members.
35.06 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:
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.

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CHAPTER 35 FIRE DEPARTMENT
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.
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.
5. Authority to Barricade. When in charge of a fire scene, place or erect ropes,
guards, barricades or other obstructions across a street, alley, right-of-way, or private
property near the location of the fire or emergency so as to prevent accidents or
interference with the firefighting efforts of the Fire Department, to control the scene
until any required investigation is complete, or to preserve evidence related to the fire
or other emergency.
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
other 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.
10. Recommendation. Make such recommendations to owners, occupants,
caretakers, or managers of buildings necessary to eliminate fire hazards.
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.

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12. Records. Cause to be kept records of the Fire Department personnel,

firefighting equipment, depreciation of all equipment and apparatus, the number of
responses to alarms, their cause, and location, and an analysis of losses by value, type
and location of buildings.
13. Reports. Compile and submit to the Mayor and Council an annual report of
the status and activities of the department as well as such other reports as may be
requested by the Mayor or Council.
35.07 OBEDIENCE TO FIRE CHIEF. No person shall willfully fail or refuse to comply
with any lawful order or direction of the Fire Chief.
35.08 CONSTITUTION. The department shall adopt a constitution and bylaws as they
deem calculated to accomplish the object contemplated, and such constitution and bylaws and
any change or amendment to such constitution and bylaws before being effective, must be
approved by the Council.
35.09 ACCIDENTAL INJURY INSURANCE. The Council shall contract to insure the
City against liability for worker’s compensation and against statutory liability for the costs of
hospitalization, nursing, and medical attention for volunteer firefighters injured in the
performance of their duties as firefighters whether within or outside the corporate limits of the
City. All volunteer firefighters shall be covered by the contract.
(Code of Iowa, Sec. 85.2, 85.61 and Sec. 410.18)
35.10 LIABILITY INSURANCE. The Council shall contract to insure against liability of
the City or members of the department for injuries, death or property damage arising out of
and resulting from the performance of departmental duties within or outside the corporate
limits of the City.
(Code of Iowa, Sec. 670.2 & 517A.1)
35.11 CALLS OUTSIDE CITY. The department shall answer calls to fires and other
emergencies outside the City limits as contracted for by the City; and in addition, the
department may answer calls for assistance from members of the Johnson County Mutual Aid
Association if the Fire Chief determines that answering such calls will not disable or prevent
the fire department from protecting the City and Penn Township and Madison Township of
Johnson County.
(Code of Iowa, Sec. 364.4[2 & 3])
35.12 MUTUAL AID. Subject to approval by resolution of the Council, the department
may enter into mutual aid agreements with other legally constituted fire departments. Copies
of any such agreements shall be filed with the Clerk.
(Code of Iowa, Sec. 364.4[2 & 3])
35.13 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.
35.14 FIRST RESPONDER SERVICE. The department is authorized to provide first

responder services, and the accidental injury and liability insurance provided for herein shall
include such operation.

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°°°°°°°°°°

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CHAPTER 36
HAZARDOUS SUBSTANCE SPILLS

36.01 Purpose 36.05 Notifications
36.02 Definitions 36.06 Police Authority
36.03 Cleanup Required 36.07 Liability
36.04 Liability for Cleanup Costs
36.01 PURPOSE. In order to reduce the danger to the public health, safety, and welfare
from the leaks and spills of hazardous substances, these regulations are promulgated to
establish responsibility for the treatment, removal and cleanup of hazardous substance spills
within the City limits.
36.02 DEFINITIONS. For purposes of this chapter the following terms are defined:
1. “Cleanup” means actions necessary to contain, collect, control, identify,
analyze, clean up, treat, disperse, remove, or dispose of a hazardous substance.
2. “Hazardous condition” means any situation involving the actual, imminent, or
probable spillage, leakage, or release of a hazardous substance onto the land, into a
water of the State or into the atmosphere which creates an immediate or potential
danger to the public health or safety or to the environment.
3. “Hazardous substance” means any substance or mixture of substances that
presents a danger to the public health or safety and includes, but is not limited to, a
substance that is toxic, corrosive, or flammable, or that is an irritant or that generates
pressure through decomposition, heat, or other means. “Hazardous substance” may
include any hazardous waste identified or listed by the administrator of the United
States Environmental Protection Agency under the Solid Waste Disposal Act as
amended by the Resource Conservation and Recovery Act of 1976, or any toxic
pollutant listed under section 307 of the Federal Water Pollution Control Act as
amended to January 1, 1977, or any hazardous substance designated under Section
311 of the Federal Water Pollution Control Act as amended to January 1, 1977, or any
hazardous material designated by the Secretary of Transportation under the Hazardous
Materials Transportation Act.
4. “Responsible person” means a person who at any time produces, handles,
stores, uses, transports, refines, or disposes of a hazardous substance, the release of
which creates a hazardous condition, including bailees, carriers, and any other person
in control of a hazardous substance when a hazardous condition occurs, whether the
person owns the hazardous substance or is operating under a lease, contract, or other
agreement with the legal owner of the hazardous substance.
36.03 CLEANUP REQUIRED. Whenever a hazardous condition is created by the deposit,

injection, dumping, spilling, leaking or placing of a hazardous substance, so that the hazardous
substance or a constituent of the hazardous substance may enter the environment or be emitted

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CHAPTER 36 HAZARDOUS SUBSTANCE SPILLS
into the air or discharged into any waters, including ground waters, the responsible person
shall cause the condition to be remedied by a cleanup, as defined in the preceding section, as
rapidly as feasible to an acceptable, safe condition. The costs of cleanup shall be borne by the
responsible person. If the responsible person does not cause the cleanup to begin in a
reasonable time in relation to the hazard and circumstances of the incident, the City may, by
an authorized officer, give reasonable notice, based on the character of the hazardous
condition, said notice setting a deadline for accomplishing the cleanup and stating that the City
will proceed to procure cleanup services and bill the responsible person for all costs associated
with the cleanup if the cleanup is not accomplished within the deadline. In the event that it is
determined that immediate cleanup is necessary as a result of the present danger to the public
health, safety and welfare, then no notice shall be required and the City may proceed to
procure the cleanup and bill the responsible person for all costs associated with the cleanup. If
the bill for those services is not paid within thirty (30) days, the City Attorney shall proceed to
obtain payment by all legal means. If the cost of the cleanup is beyond the capacity of the
City to finance it, the authorized officer shall report to the Council and immediately seek any
State or Federal funds available for said cleanup.
36.04 LIABILITY FOR CLEANUP COSTS. The responsible person shall be strictly
liable to the City for all of the following:
1. The reasonable cleanup costs incurred by the City or the agents of the City as
a result of the failure of the responsible person to clean up a hazardous substance
involved in a hazardous condition.
2. The reasonable costs incurred by the City or the agents of the City to evacuate
people from the area threatened by a hazardous condition caused by the person.
3. The reasonable damages to the City for the injury to, destruction of, or loss of
City property, including parks and roads, resulting from a hazardous condition caused
by that person, including the costs of assessing the injury, destruction or loss.
4. The excessive and extraordinary cost incurred by the City or the agents of the
City in responding at and to the scene of a hazardous condition caused by that person.
36.05 NOTIFICATIONS.
1. A person manufacturing, storing, handling, transporting, or disposing of a
hazardous substance shall notify the State Department of Natural Resources and the
Police Chief of the occurrence of a hazardous condition as soon as possible but not
later than six (6) hours after the onset of the hazardous condition or discovery of the
hazardous condition. The Police Chief shall immediately notify the Department of
Natural Resources.
2. Any other person who discovers a hazardous condition shall notify the Police
Chief, who shall then notify the Department of Natural Resources.
36.06 POLICE AUTHORITY. If the circumstances reasonably so require, the law

enforcement officer or an authorized representative may:
1. Evacuate persons from their homes to areas away from the site of a hazardous
condition, and
2. Establish perimeters or other boundaries at or near the site of a hazardous
condition and limit access to cleanup personnel.
No person shall disobey an order of any law enforcement officer issued under this section.

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36.07 LIABILITY. The City shall not be liable to any person for claims of damages,
injuries, or losses resulting from any hazardous condition, unless the City is the responsible
person as defined in Section 36.02(4).

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°°°°°°°°°°

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CHAPTER 37
KEY LOCK BOX SYSTEM

37.01 Installation Required 37.03 Application
37.02 General Requirements 37.04 Exceptions
37.01 INSTALLATION REQUIRED. The following structures constructed after the

effective date of the ordinance codified in this chapter shall be equipped with a key lock box at
or near the main entrance or such other location required by the Fire Chief:
1. Commercial or industrial structures;
2. Multi-family residential structures defined as three or more dwelling units that
have restricted access through locked doors and have a common corridor for access to
the living units;
3. Commercial structures on main floor and residential dwelling units on second
or above floors;
4. Governmental structures and nursing care facilities.
37.02 GENERAL REQUIREMENTS. All newly constructed structures subject to this

chapter shall have the key lock box installed and operational prior to the issuance of an
occupancy permit.
1. The Fire Chief shall designate the type of key lock box system to be
implemented within the City and shall have the authority to require all structures to
use the designated system.
2. The key lock box shall be located at or near the main entrance to the building
or property. It shall be mounted at a height of six feet above final grade or designated
by the Fire Chief.
3. The owner or operator of a structure required to have a key lock box shall, at
all times, keep a key in the lock box that will allow for access to the structure.
4. The Fire Chief shall be authorized to implement rules and regulations for the
use of the lock box system.
5. Any property or building owner failing to comply with or in violation of the
terms of this chapter after notice from the City Fire Chief shall be subject to a
municipal infraction or simple misdemeanor citation.
6. No existing structures shall be required to comply with this section unless the
structure is issued a building permit that would include the location in which the key
lock box would be placed.
37.03 APPLICATION.
1. The Fire Chief will write a procedure for the use of the key lock box system.
2. The Fire Chief will review annually with the Council the key lock box system
and also report to the Council how the key lock box system has been used in the
preceding year.

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CHAPTER 37 KEY LOCK BOX SYSTEM
37.04 EXCEPTIONS.
1. Any person or applicant refusing to comply with this chapter under the
direction of the Fire Chief and/or Building Inspector will write the reasons for refusal
to the Building Inspector.
2. The Building Inspector will review the case with City Administrator and Fire
Chief.
3. The City Administrator will place a public hearing on the next available
Council meeting after publishing a public hearing notice in the North Liberty official
publication.
4. After the public hearing, the Council will allow exceptions to this chapter
when the building owner can show compelling reasons why the installation of the key
lock box would prevent the building owner from completing the building project.

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CHAPTER 40
PUBLIC PEACE
40.01 Assault 40.04 Unlawful Assembly
40.02 Harassment 40.05 Failure to Disperse
40.03 Disorderly Conduct 40.06 Keeping Disorderly House
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 another,
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.
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.
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 of 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.
40.02 HARASSMENT. No person shall commit harassment.

1. A person commits harassment when, with intent to intimidate, annoy, or
alarm another person, the person does any of the following:
A. Communicates with another by telephone, telegraph, writing, or via
electronic communication without legitimate purpose and in a manner likely
to cause the other person annoyance or harm.
B. Places any simulated explosive or simulated incendiary device in or
near any building, vehicle, airplane, railroad engine or railroad car, or boat
occupied by the other person.

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CHAPTER 40 PUBLIC PEACE
C. Orders merchandise or services in the name of another, or to be

delivered to another, without such other person’s knowledge or consent.
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.
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.
2. Noise. Make loud and raucous noise in the vicinity of any residence or public
building which causes unreasonable distress to the occupants thereof.
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.
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.
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.
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:
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.

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

imperfect.
E. “Show disrespect” means to deface, defile, mutilate, or trample.
F. “Trample” means to intentionally tread upon or intentionally cause a
machine, vehicle, or animal to tread upon.
7. Obstruct Use of Street. Without authority or justification, obstruct any street,
sidewalk, highway, or other public way, with the intent to prevent or hinder its lawful
use by others.
8. Funeral or Memorial Service. Within 500 feet of the building or other
location where a funeral or memorial service is being conducted, or within 500 feet of
a funeral procession or burial:
A. Make loud and raucous noise which causes unreasonable distress to
the persons attending the funeral or memorial service or participating in the
funeral procession.
B. Direct abusive epithets or make any threatening gesture which the
person knows or reasonably should know is likely to provoke a violent
reaction by another.
C. Disturb or disrupt the funeral, memorial service, funeral procession or
burial by conduct intended to disturb or disrupt the funeral, memorial service,
funeral procession or burial.
This subsection applies to conduct within 60 minutes preceding, during, and within 60
minutes after a funeral, memorial service, funeral procession, or burial.
40.04 UNLAWFUL ASSEMBLY. It is unlawful for three or more persons to assemble

together, with them or any of them acting in a violent manner, and with intent that they or any
of them will commit a public offense. No person shall willingly join in or remain part of an
unlawful assembly, knowing or having reasonable grounds to believe it is such.
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.
40.06 KEEPING DISORDERLY HOUSE.

1. No person shall permit or suffer to continue, without taking legal steps to
prevent the same, any quarreling, fighting, disorderly conduct, or any other conduct or
condition that threatens injury to persons or damage to property, or loud, raucous,
disagreeable noises to the disturbance of the neighborhood, or to the disturbance of
the general public, upon any premises owned by the person or in the person’s
possession. For the purposes of this section, “to the disturbance of the general public”
includes the disturbance of persons beyond the subject premises and/or to the
disturbance of persons upon public places, including peace officers.

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2. Upon issuance of a citation for a violation of this section, any peace officer of
the City shall have authority to restore order upon the subject premises, up to and
including ordering the dispersal of persons from the subject premises. Any person
who fails or refused to obey and abide by such an order shall be guilty of a violation
of this section.

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CHAPTER 41
PUBLIC HEALTH AND SAFETY

41.01 Harassment of Public Officers and Employees 41.06 Throwing and Shooting
41.02 Illegal Dumping 41.07 Toy Guns and Slingshots
41.03 Abandoned or Unattended Refrigerators 41.08 Public Nudity
41.04 Antenna and Radio Wires 41.09 Urinating and Defecating
41.05 Discharging Weapons 41.10 Fireworks
41.01 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.
41.02 ILLEGAL DUMPING. It is illegal to place trash, litter or solid waste into a
privately owned or rented dumpster without the permission of the owner/lessee.
41.03 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.
41.04 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.
41.05 DISCHARGING WEAPONS.

1. It is unlawful for a person to discharge rifles, shotguns, revolvers, pistols,
guns, or other firearms of any kind within the City limits except by written consent of
the Council.
2. No person shall intentionally discharge a firearm in a reckless manner.
41.06 THROWING AND SHOOTING. It is unlawful for a person to throw stones, bricks,
or missiles of any kind or to shoot arrows, paintballs, rubber guns, slingshots, air rifles, BB
guns, or other dangerous instruments or toys on or into any street, alley, highway, sidewalk,
public way, public ground, or public building, without written consent of the Council.
41.07 TOY GUNS AND SLINGSHOTS.

1. It shall be unlawful for any person to discharge or cause to be discharged any
air rifle, toy pistol, toy gun or other toy arms or slingshot, loaded with leaden or other

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CHAPTER 41 PUBLIC HEALTH AND SAFETY
dangerous missiles, at any time or under any circumstances within the City limits,
except by written consent of the Council.
2. It shall be unlawful for any person to possess or carry any toy pistol, toy gun
or other toy arms or slingshot out of or by which any leaden or other dangerous
missiles may be discharged.
3. It shall be unlawful for any parent, guardian or other person having the care
and custody of any person under eighteen (18) years of age to purchase for or give to
any such person or knowingly to permit any such underaged person to have any toy
pistol, toy gun, or other toy arms or slingshot out of which any leaden or other
dangerous missiles may be discharged.
41.08 PUBLIC NUDITY. It shall be unlawful for a person to knowingly allow or permit
the exposure of the genitals, buttocks, female breasts, or pubes of such person while on public
property or if said exposure can be viewed from public property.
41.09 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.
41.10 FIREWORKS. The sale, use and exploding of fireworks within the City are subject
to the following:
1. Definition. The term “fireworks” includes any explosive composition, or
combination of explosive substances, or articles prepared for the purpose of producing
a visible or audible effect by combustion, explosion, deflagration or detonation, and
specifically includes blank cartridges, firecrackers, torpedoes, skyrockets, roman
candles, or other fireworks of like construction and any fireworks containing any
explosive or flammable compound, or other device containing any explosive
substance.
2. Regulations. It is unlawful for any person to offer for sale, expose for sale,
sell at retail, or use or explode any fireworks; provided the City may, upon application
in writing, grant a permit for the display of fireworks by a City agency, fair
associations, amusement parks and other organizations or groups of individuals
approved by City authorities when such fireworks display will be handled by a
competent operator. No permit shall be granted hereunder unless the operator or
sponsoring organization has filed with the City evidence of insurance in the following
amounts:
A. Personal Injury: $250,000 per person.
B. Property Damage: $50,000
C. Total Exposure: $1,000,000
3. Exceptions. This section does not prohibit the sale by a resident, dealer,
manufacturer or jobber of such fireworks as are not prohibited; or the sale of any kind
of fireworks if they are to be shipped out of State; or the sale or use of blank
cartridges for a show or theatre, or for signal purposes in athletic sports or by railroads
or trucks for signal purposes, or by a recognized military organization. This section

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does not apply to any substance or composition prepared and sold for medicinal or
fumigation purposes.

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°°°°°°°°°°

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CHAPTER 42
PUBLIC AND PRIVATE PROPERTY

42.01 Trespassing 42.05 Fraud
42.02 Criminal Mischief 42.06 Theft
42.03 Defacing Proclamations or Notices 42.07 Other Public Property Offenses
42.04 Unauthorized Entry
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.
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.
3. Interfering with Lawful Use of Property. Entering upon or in property for the
purpose or with the effect of unduly interfering with the lawful use of the property by
others.
4. 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.
42.02 CRIMINAL MISCHIEF. It is unlawful, for any person who has no right to do so, to
intentionally damage, deface, alter, or destroy property.

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CHAPTER 42 PUBLIC AND PRIVATE PROPERTY
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.
42.04 UNAUTHORIZED ENTRY. No unauthorized person shall enter or remain in or

upon any public building, premises, or grounds in violation of any notice posted thereon or
when said building, premises or grounds are closed and not open to the public. When open to
the public, a failure to pay any required admission fee also constitutes an unauthorized entry.
42.05 FRAUD. It is unlawful for any person to commit a fraudulent practice as defined in
Section 714.8 of the Code of Iowa.
42.06 THEFT. It is unlawful for any person to commit theft as defined in Section 714.1 of
the Code of Iowa.
42.07 OTHER PUBLIC PROPERTY OFFENSES. The following chapters of this Code
of Ordinances contain regulations prohibiting or restricting other activities or conditions which
are also deemed to be public property offenses:
1. Chapter 105 – Solid Waste Control and Recycling
A. Section 105.07 – Littering Prohibited
B. Section 105.08 – Open Dumping Prohibited
2. Chapter 135 – Street Use and Maintenance
A. Section 135.01 – Removal of Warning Devices
B. Section 135.02 – Obstructing or Defacing
C. Section 135.03 – Placing Debris On
D. Section 135.04 – Playing In
E. Section 135.05 – Traveling on Barricaded Street or Alley
F. Section 135.08 – Burning Prohibited
G. Section 135.12 – Dumping of Snow
3. Chapter 136 – Sidewalk Regulations
A. Section 136.11 – Interference with Sidewalk Improvements
B. Section 136.14 – Fires or Fuel on Sidewalks
C. Section 136.15 – Defacing
D. Section 136.16 – Debris on Sidewalks
E. Section 136.18 – Merchandise Display
F. Section 136.19 – Sales Stands

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°°°°°°°°°°

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CHAPTER 45
ALCOHOL CONSUMPTION AND INTOXICATION

45.01 Persons Under Legal Age 45.03 Open Containers in Motor Vehicles
45.02 Public Consumption or Intoxication
45.01 PERSONS UNDER LEGAL AGE. As used in this section, “legal age” means
twenty-one (21) years of age or more.
1. A person or persons under legal age shall not purchase or attempt to purchase
or individually or jointly have alcoholic liquor, wine or beer in their possession or
control; except in the case of liquor, wine or beer given or dispensed to a person under
legal age within a private home and with the knowledge, presence and consent of the
parent or guardian, for beverage or medicinal purposes or as administered to the
person by either a physician or dentist for medicinal purposes and except to the extent
that a person under legal age may handle alcoholic beverages, wine, and beer during
the regular course of the person’s employment by a liquor control licensee, or wine or
beer permittee under State laws.
2. A person under legal age shall not misrepresent the person’s age for the
purpose of purchasing or attempting to purchase any alcoholic beverage, wine, or beer
from any licensee or permittee.
45.02 PUBLIC CONSUMPTION OR INTOXICATION.

1. As used in this section unless the context otherwise requires:
A. “Arrest” means the same as defined in Section 804.5 of the Code of
Iowa and includes taking into custody pursuant to Section 232.19 of the Code
of Iowa.
B. “Chemical test” means a test of a person’s blood, breath, or urine to
determine the percentage of alcohol present by a qualified person using
devices and methods approved by the Commissioner of Public Safety.
C. “Peace officer” means the same as defined in Section 801.4 of the
Code of Iowa.
D. “School” means a public or private school or that portion of a public
or private school which provides teaching for any grade from kindergarten
through grade twelve.
2. A person shall not use or consume alcoholic liquor, wine or beer upon the
public streets or highways. A person shall not use or consume alcoholic liquor in any
public place, except premises covered by a liquor control license. A person shall not
possess or consume alcoholic liquors, wine, or beer on public school property or while
attending any public or private school-related function. A person shall not be
intoxicated or simulate intoxication in a public place.

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CHAPTER 45 ALCOHOL CONSUMPTION AND INTOXICATION
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.
45.03 OPEN CONTAINERS IN MOTOR VEHICLES. [See Section 62.01(47) and (48)
of this Code of Ordinances.]

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CHAPTER 46
MINORS
46.01 Curfew 46.03 Contributing to Delinquency
46.02 Cigarettes and Tobacco
46.01 CURFEW. The Council has determined that a curfew for minors is necessary to
promote the public health, safety, morals and general welfare of the City and specifically to
reinforce the primary authority and responsibility of adults responsible for minors; to protect
the public from the illegal acts of minors committed after the curfew hour; and to protect
minors from improper influences and criminal activity that prevail in public places after the
curfew hour.
1. 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 responsible adult to a reasonable standard of adult responsibility
through an objective test. It is therefore no defense that an responsible adult
was completely indifferent to the activities or conduct or whereabouts of the
minor.
C. “Minor” means any unemancipated person under the age of eighteen
(18) 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

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CHAPTER 46 MINORS
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. A curfew applicable to minors is established and shall be
enforced as follows:
A. Under Age 16. It is unlawful for any minor under the age of 16 years
to remain in or upon any public place in the City between the hours of 10:30
p.m. and 5:00 a.m. of the following day.
B. Age 16 and 17. It is unlawful for any minor 16 or 17 years of age to
be or remain in or upon any public place in the City between the hours of
12:00 midnight and 5:00 a.m. of the following day.
3. Exceptions. The following are exceptions to the curfew:
A. The minor is accompanied by a responsible adult.
B. 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 responsible adult
has given permission for the minor to be there.
C. The minor is present at or is traveling between home and one of the
following:
(1) Minor’s place of employment in a business, trade or
occupation in which the minor is permitted by law to be engaged or,
if traveling, within one hour after the end or before the beginning of
work;
(2) Minor’s place of religious activity or, if traveling, within one
hour after the end or before the beginning of the religious activity;
(3) Governmental or political activity or, if traveling, within one
hour after the end or before the beginning of the activity;
(4) School activity or, if traveling, within one hour after the end
or before the beginning of the activity;
(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,
within one hour after the end or before the beginning of the activity.
D. The minor is on an emergency errand for a responsible adult;
E. 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.

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CHAPTER 46 MINORS
5. Enforcement Procedures.
A. Determination of Age. In the absence of convincing evidence of the
age of the minor, such as a birth certificate, driver’s license or other
government-issued identification, a law enforcement officer encountering a
person who he or she suspects of violating this chapter as a minor shall 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 nonsecured setting. The officer shall not place bodily
restraints, such as handcuffs, on the minor unless the minor physically resists
or threatens physical violence when being taken into, or while in, custody. A
minor shall not be placed in detention following a curfew violation, unless the
officer refers the minor to Juvenile Court Services for other charges or a judge
has entered an order allowing the child to be placed in detention.
C. Notification of Responsible Adult. After a minor is taken into
custody, the law enforcement officer shall notify the responsible adult as soon
as possible. The minor shall be released to the responsible adult 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 responsible adult for the minor is guilty of a simple
misdemeanor. The fine for a first violation shall be $65. In lieu of issuing a
criminal citation, the law enforcement officer may, by certified mail, send to
the responsible adult, 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 or Subsequent Violation. Any
responsible adult as defined in this section who, following receipt of a
warning or citation for a first violation, knowingly allows the minor to violate
any of the provisions of this section is guilty of a municipal infraction or a
simple misdemeanor.
C. Minor’s First Violation. In the case of a first violation by a minor, the
minor is guilty of a simple misdemeanor. The fine for a first violation shall be
$65. In lieu of issuing a criminal citation, the law enforcement officer may
give the minor a written warning, which states that any subsequent violation

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CHAPTER 46 MINORS
will result in full enforcement of the curfew ordinance against the responsible
adult and the minor, with applicable penalties.
D. Minor’s Second or Subsequent 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 or a simple misdemeanor.
E. If the minor is placed in a shelter care facility, any costs incurred by
the City as a result of such placement shall be reimbursed to the City. The
Court may enter an order of restitution for such costs against the responsible
adult in a criminal proceeding under this section or a personal judgment for
such costs against the responsible adult in a civil action under this section.
F. If, prior to the effective date of Ordinance No. 09-13, a minor, and/or
the responsible adult for the minor, was warned or cited for a curfew violation
in the City of North Liberty, any violation of this section shall be deemed, for
both the minor and the responsible adult, a second or subsequent violation
under paragraphs B and D of this subsection.
46.02 CIGARETTES AND TOBACCO. It is unlawful for any person under eighteen (18)
years of age to smoke, use, possess, purchase, or attempt to purchase any tobacco, tobacco
products, or cigarettes. Possession of cigarettes or tobacco products by a person under
eighteen years of age shall not constitute a violation of this section if said person possesses the
cigarettes or tobacco products as part of the person’s employment and said person is employed
by a person who holds a valid permit under Chapter 453A of the Code of Iowa and lawfully
offers for sale or sells cigarettes or tobacco products.
46.03 CONTRIBUTING TO DELINQUENCY. It is unlawful for any person to

encourage any child under eighteen (18) years of age to commit any act of delinquency.

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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 Dogs
47.04 Littering 47.08 Ponds and Detention Basins
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.
47.02 USE OF DRIVES REQUIRED. No person shall drive any car, cycle or other
vehicle, or ride or lead any horse, in any portion of a park except upon the established drives
or roadways therein or such other places as may be officially designated by the City.
47.03 FIRES. No 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. No person, except those camping in designated areas, shall enter
or remain within any park between the hours of 10:00 p.m. and sunrise.
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 DOGS. In addition to the provisions of the Animal Code (Chapters 55-57), the
following limitations apply:
1. No person shall bring, cause, or permit any dog to enter into any park or
playground unless such dog is on a leash, and every person having custody or control
of a dog in any park or playground shall clean up after such dog.
2. No person shall allow any dog to be within 50 feet of any baseball, softball,
soccer, or other athletic field in any park.
47.08 PONDS AND DETENTION BASINS.

1. No person shall enter the water for any purpose, including but not limited to
wading, swimming, boating, fishing, use of flotation devices, or any other activity, in
any City-owned pond, detention area, or other body of water.
2. No person shall enter upon the frozen surface on any City-owned pond,
detention area, or other body of water for any purpose, including but not limited to

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CHAPTER 47 PARK REGULATIONS
walking, skating, ice fishing, or snowmobiling, except as specifically permitted by the

City Council.

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CHAPTER 50
NUISANCE ABATEMENT PROCEDURE

50.01 Definition of Nuisance 50.05 Nuisance Abatement
50.02 Nuisances Enumerated 50.06 Abatement of Nuisance by Written Notice
50.03 Other Conditions 50.07 Municipal Infraction Abatement Procedure
50.04 Nuisances Prohibited
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.
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.
2. Filth or Noisome Substance. Causing or suffering any offal, filth, or noisome
substance to be collected or to remain in any place to the prejudice of others.
3. Impeding Passage of Navigable River. Obstructing or impeding without legal
authority the passage of any navigable river, harbor, or collection of water.
4. Water Pollution. Corrupting or rendering unwholesome or impure the water
of any river, stream, or pond, or unlawfully diverting the same from its natural course
or state, to the injury or prejudice of others.
5. Blocking Public and Private Ways. Obstructing or encumbering, by fences,
buildings or otherwise, the public roads, private ways, streets, alleys, commons,
landing places, or burying grounds.
6. Billboards. Billboards, signboards and advertising signs, whether erected and
constructed on public or private property, which so obstruct and impair the view of
any portion or part of a public street, avenue, highway, boulevard or alley or of a
railroad or street railway track as to render dangerous the use thereof. (See also
Section 62.05)
7. Storing of Flammable Junk. Depositing or storing of flammable junk, such as
old rags, rope, cordage, rubber, bones and paper, by dealers in such articles within the
fire limits of the City, unless in a building of fireproof construction. (See also
Chapter 51)
8. Air Pollution. Emission of dense smoke, noxious fumes, or fly ash.
9. Weeds, Brush. Dense growth of all weeds, vines, brush, or other vegetation
in the City so as to constitute a health, safety, or fire hazard.

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CHAPTER 50 NUISANCE ABATEMENT PROCEDURE
10. Dutch Elm Disease. Trees infected with Dutch elm disease. (See also
Chapter 151)
11. Airport Air Space. Any object or structure hereafter erected within one
thousand (1,000) feet of the limits of any municipal or regularly established airport or
landing place, which may endanger or obstruct aerial navigation including take-off
and landing, unless such object or structure constitutes a proper use or enjoyment of
the land on which the same is located.
12. Houses of Ill Fame. Houses of ill fame, kept for the purpose of prostitution
and lewdness; gambling houses; places resorted to by persons participating in criminal
gang activity prohibited by Chapter 723A of the Code of Iowa or places resorted to by
persons using controlled substances, as defined in Section 124.101 of the Code of
Iowa, in violation of law, or houses where drunkenness, quarreling, fighting or
breaches of the peace are carried on or permitted to the disturbance of others.
50.03 OTHER CONDITIONS. The following chapters of this Code of Ordinances contain
regulations prohibiting or restricting other conditions which are deemed to be nuisances:
1. Junk and Junk Vehicles (See Chapter 51)
2. Storage and Disposal of Solid Waste (See Chapter 105)
3. Trees (See Chapter 150)
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.
50.05 NUISANCE ABATEMENT. Whenever any authorized municipal officer finds that
a nuisance exists, such officer has the authority to determine on a case-by-case basis whether
to utilize the nuisance abatement procedure described in Section 50.06 of this chapter or the
municipal infraction procedure referred to in Section 50.07.
(Code of Iowa, Sec. 364.12[3h])
50.06 ABATEMENT OF NUISANCE BY WRITTEN NOTICE. Any nuisance, public

or private, may be abated in the manner provided for in this section:
†
1. Contents of Notice to Property Owner. The notice to abate shall contain:
A. Description of Nuisance. A description of what constitutes the
nuisance.
B. Location of Nuisance. The location of the nuisance.
†
EDITOR’S NOTE: A suggested form of notice for the abatement of nuisances is included in the
Appendix of this Code of Ordinances. Caution is urged in the use of this administrative abatement
procedure, particularly where cost of abatement is more than minimal or where there is doubt as to
whether or not a nuisance does in fact exist. If compliance is not secured following notice and hearings,
we recommend you review the situation with your attorney before proceeding with abatement and
assessment of costs. Your attorney may recommend proceedings in court under Chapter 657 of the
Code of Iowa rather than this procedure.

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C. Acts Necessary to Abate. A statement of the act or acts necessary to

abate the nuisance.
D. Reasonable Time. A reasonable time within which to complete the
abatement.
E. Assessment of City Costs. A statement that if the nuisance or
condition is not abated as directed and no request for hearing is made within
the time prescribed, the City will abate it and assess the costs against the
property owner.
2. Method of Service. The notice may be in the form of an ordinance or sent by
certified mail to the property owner.
3. Request for Hearing. Any person ordered to abate a nuisance may have a
hearing with the Council as to whether a nuisance exists. A request for a hearing must
be made in writing and delivered to the Clerk within the time stated in the notice, or it
will be conclusively presumed that a nuisance exists and it must be abated as ordered.
The hearing will be before the Council at a time and place fixed by the Council. The
findings of the Council shall be conclusive and, if a nuisance is found to exist, it shall
be ordered abated within a reasonable time under the circumstances.
4. 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 subsection 6 of this section after notice
to the property owner under the applicable provisions of subsection 1 and 2, and the
hearing as provided in subsection 3.
5. 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.
6. Collection of Costs. The Clerk shall send a statement of the total expense
incurred by certified mail to the property owner who has failed to abide by the notice
to abate, and if the amount shown by the statement has not been paid within one
month, the Clerk shall certify the costs to the County Treasurer and such costs shall
then be collected with, and in the same manner as, general property taxes.
7. Installment Payment of Cost of Abatement. If the amount expended to abate
the nuisance or condition exceeds one hundred dollars ($100.00), the City may permit
the assessment to be paid in up to ten (10) annual installments, to be paid in the same
manner and with the same interest rates provided for assessments against benefited
property under State law.
8. 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.

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50.07 MUNICIPAL INFRACTION ABATEMENT PROCEDURE. In lieu of the

abatement procedures set forth in Section 50.06, the requirements of this chapter may be
enforced under the procedures applicable to municipal infractions as set forth in Chapter 4 of
this Code of Ordinances.

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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, Loose, or Missing Part. Any vehicle with a broken, loose, or
missing fender, door, bumper, hood, steering wheel or trunk lid.
C. Habitat for Nuisance Animals or Insects. Any vehicle which has
become the habitat for rats, mice, snakes, or any other vermin or insects.
D. Flammable Fuel. Any vehicle which contains gasoline or any other
flammable fuel.
E. Inoperable. Any motor vehicle which lacks an engine or two or more
wheels or other structural parts, rendering said motor vehicle totally
inoperable, or which cannot be moved under its own power or has not been
used as an operating vehicle for a period of thirty (30) days or more.
F. Defective or Obsolete Condition. Any other vehicle which, because
of its defective or obsolete condition, in any other way constitutes a threat to
the public health and safety.
Mere licensing of such vehicle shall not constitute a defense to the finding that the
vehicle is a junk vehicle.
3. “Vehicle” means every device in, upon, or by which a person or property is or
may be transported or drawn upon a highway or street, except devices moved by
human power or used exclusively upon stationary rails or tracks, and includes without
limitation a motor vehicle, automobile, truck, motorcycle, tractor, buggy, wagon, farm
machinery, or any combination thereof.
51.02 JUNK AND JUNK VEHICLES PROHIBITED. It is unlawful for any person to
store, accumulate, or allow to remain on any private property within the corporate limits of the
City any junk or junk vehicle.

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CHAPTER 51 JUNK AND JUNK VEHICLES
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.
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 within 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 may initiate abatement procedures as
outlined in Chapter 50 of this Code of Ordinances.

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CHAPTER 52
WEEDS AND GRASS

52.01 Height of Weeds and Grass 52.04 Failure to Cut
52.02 Violation 52.05 Additional Violation
52.03 Notice 52.06 Exceptions
52.01 HEIGHT OF WEEDS AND GRASS. Weeds and grass growing on lands within the
City shall be cut on a periodic basis so that the height of such is never greater than six (6)
inches.
52.02 VIOLATION. Upon a determination, by visual observation and measurement, that a

violation of this chapter has occurred, the City will send written notice by certified mail to the
landowner informing said owner of the violation and the action that is to be taken.
52.03 NOTICE. The notice will set forth that the property owner has seven (7) days from
the date of the notice to have the weeds and grass cut so that the height conforms to this
chapter. The notice will set forth the address of the property in question and will instruct the
landowner that this notice constitutes notice for the balance of the summer and that further
action will be taken by the City to remedy the problem if it occurs again on the same property
without additional written notice being given.
52.04 FAILURE TO CUT. If any property owner who has been sent notice fails to cut the
weeds and grass on said owner’s property so that it conforms to this chapter within the time
period set forth in the notice, the City may do so and assess the costs against the property
owner for collection in the same manner as a property tax.
52.05 ADDITIONAL VIOLATION. Any landowner who violates this chapter will be
given one notice per summer and the City will be authorized to respond to additional
violations without additional written notice being given.
52.06 EXCEPTIONS. This chapter pertains to all residential, commercial, and industrial
land within the City limits, but excludes agricultural land within the City.

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CHAPTER 52 WEEDS AND GRASS
°°°°°°°°°°

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CHAPTER 53
NOISE
53.01 Purpose 53.05 Musical Instruments and Similar Devices
53.02 Definitions 53.06 Regulation of Sound Equipment and Sound
53.03 Exceptions Amplifying Equipment
53.04 Specific Activities Prohibited 53.07 Animals
53.01 PURPOSE. The purpose of this chapter is to establish standards for the control of
noise pollution in the City by setting maximum permissible sound levels for various activities
and to protect the public health, safety, and general welfare. Each person has a right to an
environment reasonably free from disturbing noise or that which jeopardizes health and
welfare or unnecessarily degrades the quality of life.
53.02 DEFINITIONS. Unless otherwise expressly stated or unless the context clearly
indicates a different intention, the following terms have the meanings shown:
1. “Ambient sound level” means the noise associated with a given environment,
exclusive of a particular noise being tested, being usually a composite of sound from
many sources near and far, exclusive of intruding noises from isolated identifiable
sources.
2. “Barking dog or bird or other animal” means a dog, bird, or other animal that
barks, bays, cries, howls or emits any other noise continuously and/or incessantly for a
period of ten minutes or barks intermittently for one-half hour or more and the sound
therefrom is plainly audible across a residential real property boundary or within a
noise sensitive area.
3. “Noise” means any sound which disturbs humans or which causes or tends to
cause an adverse psychological or physiological effect on humans.
4. “Noise disturbance” means any sound of such character, intensity, or duration
which endangers or injures the welfare, safety, or health of a human being, or annoys
or disturbs a reasonable person of normal sensitivities, or endangers or injures
personal or real property.
5. “Noise sensitive activities” means activities which are conducted under
conditions of exceptional quiet, including (but not limited to) operation of schools,
libraries open to the public, churches, hospitals, and nursing homes.
6. “Plainly audible noise” means any noise of which the information content of
the noise is transferred to the listener, such as (but not limited to) understanding of
spoken speech, comprehension of whether a voice is raised or lowered, or
comprehension of musical rhythms.
7. “Public right-of-way” means any real property, including any structure
thereon, which is owned or controlled by a governmental entity.
8. “Public space” means any real property, including any structure thereon,
which is owned or controlled by a governmental entity.

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CHAPTER 53 NOISE
9. “Real property boundary” means an imaginary line along the ground surface,
and its vertical extension, which separates the real property owned by one person from
that owned by another person, but not including intra-building real property divisions.
10. “Recreational vehicle” means any racecar, motorcycle, snowmobile, or any
other motorized vehicle equipped for use in racing or other recreational event or uses
off of public right-of-way on public or private property. For purposes of this chapter,
a motor vehicle or motorized vehicle which is taking part in any organized racing,
endurance or other coordinated sporting event shall be deemed a recreational vehicle.
11. “Residential” means any property on which is located a building or structure
used wholly or partially for living or sleeping purposes.
12. “Used” and “occupied,” for the purpose of this chapter, shall be deemed to
include the words “intended, designed, or arranged to be used or occupied.”
53.03 EXCEPTIONS. The provisions of this chapter do not apply to:

1. The emission of sound for the purpose of alerting persons to the time of day,
the existence of an emergency or the approved testing thereof.
2. The emission of sound in the performance of emergency work including snow
removal and maintenance of trees.
3. The unamplified human voice, except those activities specifically controlled
by the provisions of this chapter.
4. Agricultural activities, exclusive of those involving the ownership or
possession of animals or birds.
5. Snowmobiles regulated by Chapter 321G, Code of Iowa.
6. Emergency vehicles such as fire trucks and ambulances.
7. Nonprofessional athletic events.
8. Essential services such as electrical substations and safety devices.
9. Construction and maintenance activities between 7:00 a.m. and 10:00 p.m.
Maintenance activities shall be non-routine operations, temporary in nature and
conducted infrequently.
10. Cement sawing of freshly poured concrete street, alley, sidewalk, or road
surface; provided, however, any person intending to engage in such activity between
10:00 p.m. and 7:00 a.m. shall first notify the City Clerk by telephone or in person
that such activity will be undertaken and the time and location of the same.
11. Music, provided that it is sponsored or funded in whole or in part by a
governmental entity.
53.04 SPECIFIC ACTIVITIES PROHIBITED. The following acts, among others, are
deemed to be loud, disturbing, unusual, unreasonable, and unnecessary noises in violation of
this chapter, and shall not be deemed to be exclusive:
1. Sales by Hawking or Barking. No person shall offer for sale or sell anything
by shouting or outcry within a residential area in the City, except in conjunction with
an event which is exempt for the provisions of this chapter or for which a permit has
been issued by the City.

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CHAPTER 53 NOISE
2. Loading and Unloading. No person shall load, unload, open, close, or handle
boxes, crates, containers, building materials, garbage cans, or similar objects outdoors
between the hours of 10:00 p.m. and 6:00 a.m. the following morning in a manner
which creates a noise disturbance across a residential real property boundary or within
a noise sensitive area.
3. Vehicle or Motor Vehicle or Motor Boat Repairs and Testing. No person
shall repair, rebuild, modify, or test any motor vehicle, motorcycle, or motorboat
either within a residential zone in such a manner to cause a noise disturbance across a
residential real property boundary or outdoors within a noise sensitive area.
4. Powered Model Vehicles. No person shall operate or permit the operation of
powered model vehicles in a residential zone, in a public space, or within a noise
sensitive area between the hours of 10:00 p.m. and 7:00 a.m. the following morning.
5. Sound Trucks and Other Devices. No person shall operate or permit the
operation upon the public streets of a sound truck, or other device for producing,
reproducing, or amplifying sounds without a permit.
6. Racing Events. No person shall conduct or permit the conduct of an
organized racing event which involves a contest between or among recreational
vehicles on public or private property between the hours of 9:00 p.m. and 9:00 a.m.
the following morning.
53.05 MUSICAL INSTRUMENTS AND SIMILAR DEVICES. No person shall operate,

play, or permit the operation or playing of any drum, musical instrument, or similar instrument
in such a manner to cause a noise disturbance indoors or outdoors within a noise sensitive
area.
53.06 REGULATION OF SOUND EQUIPMENT AND SOUND AMPLIFYING

EQUIPMENT.
1. Except for activities open to the public and for which a permit has been issued
by the City, no person shall so operate, play, or permit the operation or playing of any
radio, television, phonograph, record player, tape deck or CD player, loud speaker,
amplifier, or other device for producing, reproducing, or amplifying sounds in any
building or upon any premises, public or private, or any other sound-producing
equipment or apparatus:
A. In such a manner as to cause a noise disturbance indoors or outdoors
within a noise sensitive zone; or
B. In such a manner as to cause a noise disturbance indoors or outdoors
within a noise sensitive zone, when operated in or on a motor vehicle on a
public right-of-way or public space, or in a boat on public waters.
2. Sound equipment does not include:
A. Equipment used in public health or for safety purposes;
B. Church or clock carillons, bells or chimes;
C. Parades, processions, or other public events for which a parade or
other permit has been issued, provided the conditions of the permit are
complied with;

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CHAPTER 53 NOISE
D. Automobile radios, tape decks or CD players, or other standard

automobile equipment used and intended for the use and enjoyment of the
occupants, provided the sound emitting therefrom is not plainly audible for
more than 50 feet from the vehicle;
E. Recorded music used in a nonresidential zone in conjunction with a
civil or religious celebration;
F. Music, provided it is sponsored or funded, in whole or in part, by a
governmental entity;
G. Mobile radio or telephone signaling devices;
H. Car or truck horns or similar devices when used to denote danger or a
warning of possible danger.
3. Commercial Advertising; Sound Equipment Prohibited. No sound equipment
shall be permitted to be used on public streets or public places, in any building or
upon any premises, if the sound will be plainly audible from any public street or
public place within the City, when any such use is for commercial advertising
purposes, or for the purpose of attracting the attention of the public to a building or
structure for monetary gain.
53.07 ANIMALS. No person shall own, possess, or harbor any barking or noisy dog, bird,
or other animal, regardless of whether the dog, bird, or other animal is physically situated in or
upon private property. However, the dog, bird, or other animal shall not be deemed a barking
dog or noisy animal if, at the time the dog, bird, or other animal is barking or making any
other noise, a person is trespassing or threatening to trespass upon private property in or upon
which the dog, bird, or other animal is situated or is taking any other action which would tease
or provoke the dog, bird, or other animal to bark or otherwise be noisy.
EDITOR’S NOTE
See also Chapter 77 of this Code of Ordinances –

Vehicle Noise and Emission Standards.

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CHAPTER 55
ANIMAL CONTROL
55.01 Purpose and Title 55.15 Striking Domestic Animal with Motor Vehicle
55.02 Definitions 55.16 Pets at Large Prohibited
55.03 Owner’s Responsibility 55.17 Impoundment
55.04 Nuisances 55.18 Redemption Fees
55.05 Prohibitions and Requirements 55.19 Release for Adoption
55.06 Control of Cats 55.20 Shelter or Pound
55.07 Control of Dogs 55.21 Animal Neglect
55.08 Designated Off-Leash Areas 55.22 Abandonment of Cats and Dogs
55.09 Releasing or Molesting Animals 55.23 Livestock
55.10 Confinement of Animals 55.24 Trapping
55.11 Required Reports 55.25 Harmful Substances
55.12 Isolation and Quarantine of Suspect Animals 55.26 Animals as Prizes
55.13 Rabies Proclamation 55.27 Enforcement Power
55.14 Rabies Vaccination 55.28 Interference with Agent
55.01 PURPOSE AND TITLE. It is the public policy of the City to secure and maintain
such levels of animal control within the City limits as will protect human health and safety
and, to the greatest degree practicable, to prevent damage to property. It is also the policy of
the City to prevent the inhumane treatment of animals and to provide for the humane use, care,
and treatment of animals to the end that cruelty to such animals will be reduced or eliminated.
Therefore, the City’s “Animal Control Code,” which consists of this chapter, Chapter 56 and
Chapter 57, is hereby established.
55.02 DEFINITIONS. The following terms are defined for use in the Animal Control
Code, unless the context indicates otherwise:
1. “Abatement” means the termination of any violation by reasonable and lawful
means determined by the animal control officer in order that a person presumed to be
the owner or custodian shall comply with these Animal Control chapters.
2. “Animal” means any nonhuman mammal, bird, reptile, or amphibian.
3. “Animal control” means that department empowered by the City to provide
animal control services.
4. “Animal shelter” means a State-licensed facility which is used to house or
contain stray, homeless, abandoned, or unwanted animals, and which is owned,
operated, or maintained by a public body, an established humane society, animal
welfare society, society for the prevention of cruelty to animals, or other nonprofit
organization devoted to the welfare, protection, and humane treatment of animals.
5. “At large” means physically off the premises of an owner, handler, or
custodian and not secured by a leash under ten feet in length which is under the
control of the owner, handler, or custodian. “At large” does not refer to dogs
exhibited in dog shows, field trials, obedience training or trials; or to a dog or cat
which is otherwise safely and securely confined or completely controlled within or
upon any vehicle or under control in a designated off-leash area; or to dogs used by
law enforcement agencies.
6. “Cat” means a domesticated Felis Catus and includes both male and female
cats.

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CHAPTER 55 ANIMAL CONTROL
7. “City Administrator” means the North Liberty City Administrator or a

designee of the City Administrator.
8. “Defile” means to foul, dirty, pollute, or make filthy, either by a pet animal’s
body wastes or by an animal’s carrying or dragging any foul material.
9. “Dog” means a domesticated Canis Familiaris, and includes both male and
female dogs.
10. “Euthanasia” means the humane destruction of an animal accomplished by a
method that involves instantaneous unconsciousness and immediate death, or by a
method that causes painless loss of consciousness and death during such loss of
consciousness.
11. “Kennel” means a place maintained for the business of boarding, raising,
rearing, training, or sale of dogs and cats.
12. “Leash” means a rope, line, thong, chain, or other similar restraint not more
than ten feet in length and which is of sufficient strength to hold an animal in check.
13. “Molest” includes not only biting and scratching, but also any annoyance,
interference with, or meddling with any person so as to trouble or harm such person.
14. “Off-leash area” means a designated area in which an owner, handler, or
custodian may allow or permit a dog to run at large, subject to certain rules and
regulations.
15. “Owner or custodian” means any person possessing, harboring, keeping,
having an interest in, or having control or custody of an animal, regardless of whether
the animal is licensed pursuant to Chapter 56 of this Code of Ordinances.
16. “Pet animals” includes all reptiles and warm-blooded animals within the City
limits, except for birds, animals of the equine species, and those raised for food
purposes.
17. “Pet shop” means an establishment where animals bred off the premises are
offered for sale to the public.
18. “Police Chief” means the North Liberty Police Chief or a designee of the
Police Chief.
19. “Police dog” means any dog trained to assist police, especially in tracking.
20. “Premises” means the area of land surrounding a house or dwelling unit and
actually or by legal construction forming an enclosure with it and to which the owner
or custodian of a dog has legal and equitable right therein. “Premises” does not
extend into areas of common ownership or use in the case of easements, trailer parks,
apartment complexes, private communities, etc.
21. “Private property” means all buildings and other property owned by a private
person. It includes buildings, yards, and service and parking areas.
22. “Proof of vaccination” means a health or rabies certificate issued by a
licensed veterinarian.
23. “Public property” means buildings and other property owned or dedicated to
the use of the City, State, County, or United States government, wherein the
authorized representative has granted the City jurisdiction thereof, or any
governmental subdivision of the City, State, County or U.S. government or any

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governmental organization established by the City, State, County or U. S.

government. Such property includes but is not limited to buildings, grounds, yards,
street rights-of-way, walks, bicycle paths, easements, parks, service areas, open areas,
athletic and recreational areas, riverbanks, parking areas and ramps, boulevards, and
any other real estate owned by a governmental unit.
24. “Trip fee” means the response fee an owner or custodian of an animal may be
charged by the City when an animal is impounded.
25. “Veterinarian” means a person duly licensed by the State to practice
veterinary medicine.
26. “Veterinary hospital” means an establishment regularly maintained and
operated by a veterinarian for the diagnosis and treatment of diseases and injuries to
animals and which may board animals.
55.03 OWNER’S RESPONSIBILITY. The owner of a pet animal shall be responsible for
obtaining a license required by Chapter 56 of this Code of Ordinances and for the care and
control of such animal. The owner shall be prima facie responsible for any violation of the
provisions of the Animal Control Code by said animal.
55.04 NUISANCES. The following acts and circumstances are declared to be nuisances
and therefore prohibited:
1. Allowing any animal to habitually bay, bark, screech, yell, or make a sound of
any kind or nature for prolonged periods in such manner as to unreasonably disturb
the peace and quiet of the vicinity.
2. Allowing a pet animal to cause any damage to or to defile public or private
property.
3. Allowing a pet animal to molest any person on public or private property
when such person has a legitimate reason to be on the property.
4. Allowing a pet animal to molest or kill wildlife, birds, or domestic animals on
public or private property.
55.05 PROHIBITIONS AND REQUIREMENTS.

1. On Private Property. No pet animal shall be taken, allowed, or permitted on
private property not owned by the owner of the animal without the permission of the
person owning such property or the person in charge thereof.
2. In Food Establishments. No pet animal shall be taken, allowed, or permitted
on or in any building, store, restaurant, or tavern where food or food products are sold,
prepared, or dispensed to people other than the owners thereof. This provision does
not apply to property wherein food is sold in stands or shelters such as fairs or circus
carnivals when the owner or person in charge of the grounds allows animals on the
premises.
3. Restraint of Animals. No person shall tether, fasten, chain, tie, or otherwise
restrain any pet animal or cause any pet animal to be tethered, fastened, chained, tied,
or otherwise restrained to a dog house, tree, fence, or any other stationary object
without supervision by the owner or custodian. Further, no person shall restrain any
pet animal to a utility pole, parking meter, building, structure, fence, sign, tree, shrub,
bush, or other object on public property or so as to intrude onto a public property.

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Further, no person shall restrain any pet animal in a manner that is hazardous, poses
harm, or deprives the animal of adequate water or shelter. In addition to these
restrictions and limitations, no pet animal shall be restrained:
A. By use of a restraint system that allows the animal to be within 20
feet of any dwelling, other than the owner’s or custodian’s dwelling; or
B. By use of a restraint device that is ill-fitting or constructed of any
material other than leather or nylon; or
C. By use of a restraint device that exceeds 25% of the body weight of
the animal; or
D. By use of a restraint device other than a harness, except that a dog
may be restrained by use of a collar; or
E. By use of any choke collar, pinch collar, or head halter-type device.
4. Solid Waste Removal. Any person who walks a pet animal on public or
private property shall provide for the disposal of the solid waste material excreted by
the animal by immediate removal of the waste. The provisions of this subsection do
not apply to trained service animals while such animals are acting in such capacity.
55.06 CONTROL OF CATS. The following cat control regulations are designed to protect
public health and safety. The owner or custodian of a cat is strictly liable to control such cat
as required herein. This means that the penalty for violation of these regulations is imposed
without regard to any wrongful intention of the violator. It is unlawful for the owner or
custodian of a cat to violate any of the following regulations. The owner or custodian of a cat
shall:
1. Prevent said cat from being accessible to other cats while in heat except for
the purpose of controlled or planned breeding;
2. Prevent said cat from running at large when the cat has not been neutered or
spayed (if the cat is four months of age or older);
3. Have a current license for said cat and be able to provide proof of such
license;
4. Have the cat inoculated for rabies and be able to provide current proof of such
inoculation if the cat is four months of age or older;
5. Not keep, harbor, or maintain a cat known to have a contagious disease unless
it is under the treatment of a licensed veterinarian and appropriately isolated to protect
the public and other animals;
6. Prevent the cat from being on private property without the permission of the
property owner or the person entitled to possession of the property;
7. Not keep a cat exhibiting vicious propensities that constitute a danger to
persons, domestic animals, property or livestock; and
8. Prevent said cat from entering any place where food is stored, prepared,
served, or sold to the public or any public building or hall; provided, this section does
not apply to any trained service cats while such cats are acting in such capacity, to
veterinary offices or hospitals, or to exhibitions or organized cat shows.

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55.07 CONTROL OF DOGS. The following dog control regulations are designed to
protect public health and safety. The owner or custodian of a dog is strictly liable to control
such dog as required herein. This means that the penalty for violation of these regulations is
imposed without regard to any wrongful intention of the violator. It is unlawful for the owner
or custodian of a dog to violate any of the following regulations. The owner or custodian of a
dog shall:
1. Prevent said dog from running at large in the City, whether licensed or not;
provided, this subsection does not:
A. Prohibit a person from walking or exercising a dog in public when
such dog is on a leash, tether, or chain not exceeding ten feet in length;
B. Prohibit a person from having a dog off-leash in an area designated as
an off-leash area; and
C. Apply to any trained service dog.
2. Prevent said dog from entering any place where food is stored, prepared,
served, or sold to the public, or any public building or hall; provided, this section does
not apply to any trained service dog, to veterinarian offices or hospitals, to dog
exhibitions or organized dog-training classes or to dogs used by armored car services
or law enforcement agencies.
3. Prevent said dog from being accessible to other animals while in heat except
for the purpose of controlled or planned breeding.
4. Prevent said dog from chasing, running after, or jumping at vehicles on public
streets and alleys.
5. Prevent said dog from snapping, growling, snarling, barking in a threatening
manner, jumping upon, chasing, or otherwise threatening persons or animals.
6. Not keep a dog that exhibits vicious propensities and constitutes a danger to
persons, domestic animals, property, or livestock.
7. Prevent said dog from howling, yelling, whining or barking or making other
noises in such a manner as to disturb any person or groups of persons to an
unreasonable degree.
8. Not keep, harbor, or maintain a dog known to have a contagious disease,
unless it is under the treatment of a licensed veterinarian and appropriately isolated to
protect the public and other animals;
9. Prevent said dog from running in a pack. (“Pack” means dogs in a group of
three or more.)
10. Have a license for said dog.
11. Have the dog currently inoculated for rabies and be able to provide proof of
such inoculation if the dog is four months of age or older.
12. Prevent the dog from running at large when the dog has not been neutered or
spayed if the dog is four months of age or older.
13. Prevent the dog from running at large or being off said owner’s or custodian’s
property, unless it is on a leash and under physical restraint of a responsible person, if
the dog has been declared potentially dangerous.

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14. Prevent the dog from running at large or being outside a proper enclosure,
unless the dog is muzzled and restrained by a substantial chain or leash and under
physical restraint of a responsible person, if the dog has been declared dangerous.
The muzzle shall be made in a manner that will not cause injury to the dog or interfere
with its vision or respiration but shall prevent it from biting any person or animal.
55.08 DESIGNATED OFF-LEASH AREAS. Licensed dogs may be allowed to run at

large only in designated off-leash areas. An area designated as an off-leash area is governed
by the following rules and regulations:
1. Any person bringing a dog into the off-leash area remains liable for damage
or injury inflicted by the dog and is subject to all applicable State and City laws
regulating dogs.
2. Any dog deemed potentially dangerous or dangerous by any recognized
animal control authority is not allowed in an off-leash area.
3. Any person bringing a dog into an off-leash area must maintain control of the
dog at all times.
4. No handler is allowed to have more than two dogs in an off-leash area at any
one time. All dogs must be attended to within an off-leash area at all times.
5. Any dog exhibiting dangerous or aggressive behavior, including but not
limited to biting and fighting, is prohibited from an off-leash area.
6. A female dog in heat is not allowed in an off-leash area.
7. Any person bringing a dog to an off-leash area must leash the dog when it is
outside the off-leash area and must carry a leash for each dog while inside the off-
leash area.
8. Pinch and choke collars are not allowed when a dog is off leash in the off-
leash area.
9. Any person bringing a dog into an off-leash area must clean up feces after the
dog, deposit feces in the containers at the off-leash area, and visibly carry equipment
for removing feces.
10. Any children less than 16 years of age in the off-leash area must be
accompanied by a parent or guardian.
11. No alcohol or glass containers are allowed in an off-leash area.
12. Bicycles, skateboards, and other wheeled items are prohibited inside an off-
leash area.
55.09 RELEASING OR MOLESTING ANIMALS. No person, except the owner of a pet

animal or the owner’s authorized agent, shall willfully open any door or gate on any private or
public premises for the purpose of enticing or enabling any such animal to leave such private
or public premises; nor shall any person willfully molest, tease, provoke, or mistreat a pet
animal.
55.10 CONFINEMENT OF ANIMALS. Any pet animal which appears to be suffering

from rabies when impounded shall be confined in a designated facility or a veterinary hospital
for a period of not less than ten days or may be euthanized. Such animal, or its carcass if it

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dies, shall be subject to such reasonable veterinary or pathological tests as the City determines,
which tests shall be conducted at the expense of the owner.
55.11 REQUIRED REPORTS.

1. Physicians. It is the duty of every physician or other practitioner in the City
to make written reports to the City of the name and address of persons treated for bites
inflicted by animals, together with such other information as will assist in the
prevention of rabies.
2. Veterinarians. It is the duty of every veterinarian in the City to report to the
City any diagnosis of rabies in an animal made by said veterinarian or under said
veterinarian’s supervision.
3. Owners and Custodians. Every owner or person having possession, custody,
or control of an animal which is known to be rabid or which has been bitten by an
animal infected with rabies shall immediately report such fact to the City and shall
have such animal placed in isolation and quarantine as directed by the City for such
period as may be designated and at the expense of the owner.
4. Report of Bites. Every animal which bites a person shall be promptly
reported to the City. Such animals shall be securely quarantined at the direction of the
City for a period of ten days. At the discretion of the City, such quarantine may be on
the premises of the owner or custodian, at a shelter selected by the City, or in a
veterinary hospital of the owner’s or custodian’s choice at the owner’s or custodian’s
expense. In the cases of animals whose ownership is not known, such quarantine shall
be at a hospital or shelter selected by the City. If the animal is quarantined at a shelter
selected by the City, the owner or custodian of the animal shall be responsible for all
expenses.
55.12 ISOLATION AND QUARANTINE OF SUSPECT ANIMALS.

1. It is the duty of the City to cause to be placed in isolation and under
quarantine for observation for a minimum period of ten days any animal suspected of
being infected with rabies or other diseases communicable to humans or any animal
that has bitten or caused a skin abrasion upon any person in the City.
2. Such isolation and quarantine shall be either at the municipal pound
authorized by the City or in a veterinary hospital, except that if such animal is
properly licensed and is currently vaccinated against rabies, it may be placed in the
custody of the owner on the owner’s premises during the isolation and quarantine
period if the owner resides in the City. When isolation and quarantine is authorized
on the owner’s premises, it will be at the discretion of and under the direct supervision
of the City.
3. All expenses of isolation and quarantine at a municipal pound or a veterinary
hospital will be borne by the owner.
55.13 RABIES PROCLAMATION. Whenever it becomes necessary to safeguard the

public from the dangers of rabies, the Mayor may issue a proclamation ordering every owner
of a pet animal to confine the same securely on the owner’s premises at all times for such
period of time as is deemed necessary.
55.14 RABIES VACCINATION. All dogs and cats four months of age or older shall be
vaccinated against rabies. The owner or custodian of a dog or cat shall provide the City with

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proof that such dog or cat has been vaccinated against rabies as well as the expiration date of
such vaccination. An owner or custodian who refuses to provide proof of such vaccination
upon request by the City shall be deemed to have failed to provide such proof.
55.15 STRIKING DOMESTIC ANIMAL WITH MOTOR VEHICLE. Any person

who, while operating a motor vehicle, strikes a domestic animal in the City shall stop at once,
shall render reasonable assistance, and shall immediately report such injury or death to the
animal’s owner. In the event the owner of said animal cannot be ascertained and located, such
person shall at once report the accident to the City. This section shall in no way be construed
as requiring the person striking the animal with a motor vehicle to be financially responsible
for any injury or death of the animal.
55.16 PETS AT LARGE PROHIBITED.

1. No pet animal shall be at large within the City at any time. A properly
licensed animal shall not be deemed at large if:
A. It is on the premises of the owner; or
B. It is on the premises of another person with the knowledge and
consent of that person; or
C. It is under the control of a person competent to restrain the animal,
either by leash or properly restrained within a motor vehicle, or enclosed
within a structure.
2. Notwithstanding the provisions of subsection 1, any pet animal shall be
deemed at large at any time when attacking persons, domestic animals, destroying
property, or on any public property, except when under restraint as set out in
subparagraph 1(c) of this section. Furthermore, any female pet in heat shall be
deemed at large at any time except:
A. When housed in a building which is completely enclosed; or
B. When housed in a veterinary hospital or boarding kennel licensed or
registered with the State; or
C. When on the premises of the owner, provided the area on which such
animal is located is completely enclosed by a fence or other structure having a
height of at least 60 inches; or
D. When under the control of a person competent to restrain the animal,
either by leash or properly restrained within a motor vehicle.
55.17 IMPOUNDMENT.
1. Any pet animal found in violation of the provisions of this chapter may be
impounded by the City.
2. The City may impound any animal that is doing any of the acts prohibited by
the City or which is determined to be in danger of being subjected to cruel treatment,
or when the animal is found to be sick, injured, or dead.
3. The City may impound any animal if, upon taking its owner or custodian into
custody for any lawful reason, no other person or party can be readily found to
provide appropriate and adequate care and supervision to the animal. In such
instances, the person in custody shall be notified of the impoundment.

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4. The person authorized to impound pet animals, upon receiving any pet
animal, shall make a complete registration for such animal, entering the date, species,
breed, color, and sex of such animal, any tattoo number or other special
characteristics, and whether licensed. If such animal is licensed, said person shall
enter the name and address of the owner and the number of the license tag. Not later
than two days after the impounding of any pet animal, the owner, if known, shall be
notified of such impoundment.
5. The City, upon impounding of a dog or cat, shall record the breed, color, and
sex of the animal and whether or not it is wearing a current license tag. If the dog or
cat is currently licensed, the City shall enter the name and address of the owner or
custodian and the number of the license tag. If the dog or cat is not returned to its
owner or custodian, the City shall make a reasonable and diligent effort to notify the
owner or custodian within 24 hours or as soon thereafter as possible by mail,
telephone, or personal notice that the dog or cat has been impounded and where it may
be redeemed. Any currently licensed impounded dog or cat shall be held for the
owner or custodian for at least five days from the time of impoundment. Any
unlicensed dog or cat shall be held for the owner or custodian at least three days from
the time of impoundment.
6. It is the duty of the City to keep all animals impounded pursuant to this
chapter for a period of five days after the owner has been notified as provided herein.
If, after seven days following service of notice on the owner (either by certified mail
or by personal service) of the impoundment of the owner’s animal, said owner has
failed to claim and redeem any such impounded animal, such animal may be adopted,
transferred to any State institution pursuant to the provisions for the purposes of
Chapter 351A of the Code of Iowa, or humanely euthanized and disposed of. In the
event that the owner is not willing to accept service by certified mail or by personal
service, then, after a period of seven days following the attempt to make service on the
owner, the animal control personnel shall have the right and duty to dispose of said
animal in the manner provided for by the City.
7. If a pet animal is not licensed, and if the owner is unknown, it shall be the
duty of the City to keep the animal for seven days from the date that the animal is first
picked up, and then said animal may be disposed of as provided for in this section.
8. The registry of impounded pet animals not wearing a license tag when
impounded shall be available during reasonable hours for inspection by owners.
9. Any animal not redeemed after the expiration of the holding period may be
adopted out or humanely euthanized.
10. Notwithstanding the provisions of this section concerning holding periods, the
Police Chief may humanely euthanize any unlicensed impounded animal if the animal
is feral and/or dangerous to the safety of humans or other animals, if the animal is
suffering from serious injury or disease, or if the designated shelter area is at capacity.
11. Any animal impounded pursuant to this section may be redeemed upon
payment of all redemption fees. In addition, any unlicensed dog or cat must be
licensed at the time of redemption.
12. Any dog or cat running at large during rabies quarantine shall be immediately
impounded by the City and kept at the animal shelter for the remainder of the
quarantine at the owner’s or custodian’s expense.

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55.18 REDEMPTION FEES.

1. Any animal may be redeemed by payment of the redemption fees, which
include applicable fees, penalties, and recoverable expenses. The redemption fees for
any animal other than a dog or cat are calculated in the same manner as for a dog or
cat, plus reimbursement of any expenses incurred by the City that are not included or
contemplated herein.
2. Any dog or cat impounded pursuant to the provisions of this chapter, when all
conditions have been met for release, may be redeemed upon payment of any fees,
penalties, and any recoverable expenses incurred by the City and upon proof of a
current license and proof of a current rabies vaccination or written agreement to
present such proof within 30 days.
3. The redemption fee for a dog is $25.00 for each dog plus an additional fee of
$10.00 for each 24-hour period or portion thereof during which such dog is retained
by the impounding agency. The redemption fee for a dog redeemed a second or a
third time in any 12-month period shall be $35.00 and $55.00, respectively, plus an
additional fee of $10.00 for each 24-hour period or portion thereof during which such
dog is retained by the impounding agency.
4. Recoverable expenses incurred include but are not limited to trip fees of
$25.00 for a regular response and $50.00 for an emergency response and reasonable
veterinary expenses incurred by the City.
5. All fees and expenses payable under this section shall be made payable to the
City of North Liberty.
6. Fees for the boarding of pet animals impounded by the City shall be based
upon the agreement with the owner of the pound. The charges established pursuant to
this subsection shall be in addition to any fine or penalty that may be enforced against
the owner.
7. If a pet animal four months of age or older which is unlicensed is impounded,
the person to whom the animal is released shall purchase a license, if applicable, for
such animal and show proof of current rabies vaccination or purchase a rabies
vaccination in order to obtain the release of the animal.
55.19 RELEASE FOR ADOPTION.

1. The City may decline to release a dog or cat for adoption under any
circumstances, including but not limited to:
A. The prospective adoptive owner has a history of violations of this
chapter or has been convicted of an animal-related crime.
B. The prospective adoptive owner has inadequate or inappropriate
facilities for confining the dog or cat and for providing proper care to the dog
or cat as required by this chapter.
C. The existence of other circumstances that, in the opinion of the City,
would endanger the welfare of the dog or cat or the health, safety, and welfare
of the people residing in the City.
D. The animal is classified as a dangerous dog.
2. Any adoption shall be subject to the following:

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A. The adoptive owner shall agree in writing to furnish proper care to the
dog or cat in accordance with this chapter.
B. Payment of required fees under this chapter.
C. All dogs and cats must be spayed or neutered.
Notwithstanding the requirements set forth in this section, the City may release a dog or cat to
an approved rescue or adoption agency which has agreed in writing to abide by the constraints
of this section in the placement of rescued dogs or cats.
55.20 SHELTER OR POUND. The City may enter into a lease or contract with any
business organized for the purpose of handling animals and the use of its facilities for the
restraining and impounding of animals under this chapter. It will be the duty of the City
Administrator to ensure that any contract for service will be with an organization that provides
adequate and wholesome food for animals impounded and shall provide careful and humane
treatment towards such animals, and shall provide for humane destruction of animals.
55.21 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.
55.22 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.
55.23 LIVESTOCK. It is unlawful for a person to keep livestock within the City, except in
compliance with the City’s zoning regulations.
55.24 TRAPPING. No person shall trap or attempt to trap any animals within the City with
other than a humane, live trap; provided, however, the provisions of this section shall not
apply to the use of instant kill traps for the purpose of small rodent pest control.
55.25 HARMFUL SUBSTANCES. No person shall intentionally provide or make

available any harmful or poisonous substances to any animal on public or private property,
except for small rodent pest control. The use of any small rodent pest control substances shall
be in strict accordance with the manufacturer’s instructions and guidelines and shall not be
available or accessible to any other animals.
55.26 ANIMALS AS PRIZES. No person shall offer to give any live animal as a gift or
prize for any contest or other competition, or as a business inducement or promotion.
55.27 ENFORCEMENT POWER.

1. The City Administrator and those designated by the City Administrator shall
act as the official agents of the City for the purposes of impounding animals and
enforcing this chapter.

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2. The Police Chief is authorized to take such lawful action as may be required
to enforce the provisions of this chapter.
3. The Police Chief, unless authorized by the owner or person entitled to
possession thereof, shall not enter private dwellings that are not licensed as either
commercial or private kennels unless a proper warrant has been issued upon showing
that the Police Chief has reasonable cause to believe that there is a violation of this
chapter. Any enforcement officer, while pursuing any dog observed by the officer to
be in violation of this chapter, or during investigation for unlicensed dogs, may enter
upon any public or private property, except any private dwellings which are not
licensed as either commercial or private kennels, for the purpose of abating the dog
violation being investigated.
4. No person shall deny, prevent, obstruct, or attempt to deny, prevent or
obstruct the Police Chief from pursuing any animal observed to be in violation of this
chapter.
5. No person shall fail or neglect, after a proper warrant has been presented, to
properly permit City enforcement officers to enter private property or private dwelling
homes to perform any duty imposed by this chapter.
55.28 INTERFERENCE WITH AGENT. No person shall willfully interfere with, molest,
or injure an agent of the City authorized to enforce the provisions of this chapter, or seek to
release any animal in the custody of such authorized agent.

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CHAPTER 56
CAT AND DOG LICENSES

56.01 License Required 56.04 Unlawful Use of License Tags
56.02 Fees 56.05 Number of Animals Limited
56.03 License and Tags 56.06 Penalty
56.01 LICENSE REQUIRED. All cats and dogs four months of age or older which are
harbored, kept, or maintained in the City shall be licensed. A license must be purchased
within thirty (30) days after a cat or dog is first acquired, harbored, kept, maintained, or
brought into the City by a person residing in the City. Licenses must be renewed no later than
January for that calendar year. Owners and custodians of cats and dogs are responsible and
liable for complying with the licensing requirements set out in this chapter.
56.02 FEES. Annual license fees and penalties for cats and dogs shall be set by resolution
by the City Council. Senior rate (for persons age 62 and over), if applicable, will eliminate the
above fee for one license for a neutered or spayed animal. The City shall honor the request by
a blind person, hearing impaired person, or physically disabled person not to be charged a fee
to license his or her trained service animal. Any person who, for the reason of securing a cat
or dog license, falsely represents whether the cat or dog is spayed or neutered or non-spayed
or non-neutered shall be in violation of this section.
56.03 LICENSE AND TAGS. Upon payment of the license fee provided above, the
licensing outlet shall deliver to the owner or custodian of such cat or dog a license and a
metallic tag for each animal licensed. All licenses shall be dated and numbered, and shall bear
the name of the City, the name and address of the owner and custodian of the cat or dog
license, and a description of the cat or dog, including its color and sex. The metallic tag shall
bear a serial number corresponding with the number of the license. It shall be the duty of
every owner or custodian of a cat or dog to keep a substantial collar on the animal and to keep
firmly attached thereto the metallic tag for the current licensing year. There shall be a fee of
$2.00 for replacement of any lost license tag. The owner or custodian of such cat or dog shall
provide the City upon request with proof that the cat or dog is currently licensed as provided
by this chapter.
56.04 UNLAWFUL USE OF LICENSE TAGS.

1. It is unlawful for any owner to use any license tag on any cat or dog other
than the one for which it was issued. If there is a change of ownership of a licensed
cat or dog, the new owner must apply for and obtain a new license as required in this
chapter.
2. It is unlawful for any person to use the license tag for an unlawful purpose or
to conceal the ownership of the cat or dog or remove the license tag provided for in
this chapter from any cat or dog, with the intent to deprive the owner or custodian
thereof.
3. It is unlawful for any person to falsely represent that a dog or cat is spayed or
neutered when it is not.

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CHAPTER 56 CAT AND DOG LICENSES
56.05 NUMBER OF ANIMALS LIMITED. The number of animals, including but not
limited to cats and dogs, in dwellings or units in any residential zoning district shall be limited
as necessary and appropriate so that all animals are properly cared for as required by this
Animal Code and is safe and sanitary for all human occupants and in accordance with federal,
state, county and city laws and regulations.
56.06 PENALTY. Notwithstanding the provisions of Section 55.27 and this code generally,
the criminal penalty for violation of this chapter shall be two hundred dollars ($200) per
violation; provided, however, the district court may allow by order for a reduction in said sum
by way of mitigation or where a license is obtained or renewed within ten (10) calendar days
of the issuance of a citation.

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CHAPTER 57
DANGEROUS ANIMALS
57.01 Definitions 57.03 Declaration of Dangerous Animal
57.02 Harboring Dangerous Animals Prohibited
57.01 DEFINITIONS. For use in this chapter and the Animal Control Code generally, the
following additional terms are defined:
1. “Dangerous animal” means any animal that:
A. Inflicts severe injury on a human being without provocation on public
or private property;
B. Inflicts severe injury on or kills another animal without provocation
while the animal is off the owner’s or custodian’s property;
C. Aggressively bites, attacks, or endangers the safety of humans or
other animals;
D. Inflicts bites on a human or another animal either on public or private
property;
E. Chases or approaches a person upon the streets, sidewalks or any
public grounds in a menacing fashion or apparent attitude of attack; or
F. Has known propensity, tendency, or disposition to attack unprovoked,
to cause injury, or otherwise to threaten the safety of humans or other animals.
An animal shall not be declared a dangerous animal if the threat, injury, or damage
was sustained by a person who, at the time, was committing a willful trespass or other
tort upon the premises occupied by the owner or custodian of the animal, or was
tormenting, abusing or assaulting the animal, or has, in the past, been observed or
reported to have tormented, abused or assaulted the animal, or was committing or
attempting to commit a crime. If two or more animals jointly engage in any conduct
described in this subsection, thereby rendering proof of the individual animal that
inflicted any particular injury difficult to ascertain, then regardless of the degree of
participation by the individual animals, all such animals shall be deemed dangerous
animals.
2. “Microchip implant” means a passive electronic transponder that is injected
into an animal, subcutaneously, by means of a hypodermic-type syringe device. Each
microchip shall contain a unique and original number that is read by an electronic
scanning device for purposes of animal identification and recovery by the animal’s
owner. The microchip implant shall be supplied with an exterior collar-type tag for
purposes of an external means of notifying others that the animal has been implanted
with a microchip.
3. “Severe injury” means any physical injury which results in broken bones,
disfigurement, or lacerations requiring multiple sutures or surgery.
57.02 HARBORING DANGEROUS ANIMALS PROHIBITED. It is unlawful for any

person to harbor or keep a dangerous animal within the City.

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CHAPTER 57 DANGEROUS ANIMALS
57.03 DECLARATION OF DANGEROUS ANIMAL.

1. Declaration of Dangerous Animal. When the Police Chief has sufficient
information to determine that an animal is a dangerous animal, the Police Chief shall
declare the animal a dangerous animal and shall notify the owner or custodian of the
animal in writing, either in person or by regular and certified mail. The notice shall
contain the following information:
A. The person receiving the notice is the owner or custodian of a
dangerous animal.
B. The breed, color, sex, and license number (if applicable and if known)
of the said animal.
C. A copy of the records relied upon by the Police Chief that form the
basis for declaring said animal to be a dangerous animal. These records may
be supplemented with additional material as it becomes available.
D. An appeal form.
2. Immediate Impoundment. Any animal declared dangerous under this section
shall be immediately impounded. Any animal declared a dangerous animal that is not
in the custody or control of the City shall be turned over to the City by the owner or
custodian within 24 hours from notification. The owner or custodian will have seven
days from the date of the notice to appeal the determination or the animal will be
euthanized at the direction of the Police Chief. If the owner appeals the dangerous
animal declaration, the animal will be held at the shelter at the owner’s expense
pending the results of the appeal.
3. Appeal. To contest the declaration of dangerous animal, the owner or
custodian of the animal must request an administrative appeal hearing in writing on a
form provided with the notice within seven days of the date of the notice. If an
administrative appeal hearing is requested, such hearing will be convened pursuant to
subsection 4 of this section. At the administrative appeal hearing, the records of the
Police Chief, statements or testimony of any witnesses, the results of any behavioral
testing, and any supplementary materials shall be admissible to prove the animal is a
dangerous animal. The owner or custodian of the animal may require the officer
compiling the records to be present at the administrative appeal hearing. The owner
or custodian of the animal may present evidence and examine witnesses present. The
burden shall be on the City to establish by a preponderance of the evidence that the
animal is a dangerous animal.
4. Administrative Appeal Hearing. If the owner or custodian of the animal
requests an administrative appeal hearing, the hearing shall be held before the City
Administrator. The administrative appeal hearing shall be held within seven days
after the receipt of the request for an administrative appeal hearing, unless it is
continued for good cause shown. The City Administrator shall notify the owner or
custodian of the date, time, and place for the administrative appeal hearing. The
administrative appeal hearing shall be informal and open to the public. The following
procedures shall apply:
A. All administrative appeal hearings before the City Administrator shall
be recorded, testimony shall be taken under penalty of perjury, and witnesses
may be subpoenaed.

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B. The City Administrator shall render an oral decision at the conclusion

of the administrative appeal hearing or within five business days. This time
may be extended at the discretion of the City Administrator in order to receive
additional information. The oral decision shall be reduced to writing and
issued in accordance with subsection 5 of this section. It will include findings
of fact and will be forwarded to the appellant.
5. Decision. At the conclusion of the administrative appeal hearing, the City
Administrator shall have the authority to affirm, reverse, or modify the declaration by
the Police Chief that the animal is dangerous. If the City Administrator affirms the
declaration and finds that the animal is dangerous, the animal shall be euthanized
unless the City exercises its discretion, as set forth in subsection 9 of this section, to
allow the animal to be permanently removed from the City. If the City Administrator
finds that the animal is not dangerous, the City Administrator shall order the animal
released, at which time the City Administrator may also impose reasonable conditions
of release upon the owner or custodian to prevent further incidents involving the
particular animal and to provide for better protection of the general public.
6. Notification. The owner or custodian of the animal shall be notified in
writing by the City Administrator within five days of the administrative appeal
hearing of the decision, unless this time period has been extended pursuant to
subsection 4(B) of this section. In no event shall this time period be extended beyond
ten days from the date of the conclusion of the administrative appeal hearing, unless
good cause is shown. The decision of the City Administrator is final. The owner or
custodian of an animal determined by the City Administrator to be dangerous may
appeal the City Administrator’s decision to the District Court within five days of the
date of the City Administrator’s decision.
7. Subsequent Action. A finding that an animal is not a dangerous animal shall
not prevent the Police Chief from seeking to have the animal declared a dangerous
animal as the result of any subsequent action by the animal.
8. Costs and Expenses. The owner or custodian of any animal declared to be
dangerous shall be liable to the City for all costs and expenses of keeping such animal
and any behavioral testing requested by the City, unless a finding is subsequently
made that the animal is not dangerous.
9. Removal from City. The City, in its sole discretion, may release a dangerous
animal by agreement with the owner or custodian if the owner or custodian agrees to
immediately remove the dangerous animal from the City permanently and further
agrees to any other conditions required by the City. At a minimum, the owner or
custodian of a dangerous animal to be removed from the City shall provide the City
with specific information as to where the animal will be relocated, which in turn
should be provided by the City to animal control or law enforcement authorities of the
appropriate jurisdiction. Also the owner or custodian shall have the animal injected
with a microchip implant for the purpose of permanent identification. The owner or
custodian shall cooperate fully with the City in making and providing records of the
implant procedure and is responsible for all costs associated with the procedure. The
City may but is not required to exercise its discretion to enter into a permanent
removal agreement with the owner or custodian at any time during the process set out
in this section.
10. Dangerous Animal from Other Jurisdiction. If an animal is known or found to
be in the City that has been declared dangerous by another governmental entity, the

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City shall immediately impound the animal. The animal shall then either be returned
to the governmental entity that declared it to be dangerous or be subject to being
declared dangerous by the Police Chief in accordance with this section.

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CHAPTER 60
ADMINISTRATION OF TRAFFIC CODE

60.01 Title 60.06 Peace Officer’s Authority
60.02 Definitions 60.07 Obedience to Peace Officers
60.03 Administration and Enforcement 60.08 Parades Regulated
60.04 Power to Direct Traffic 60.09 Special Event Streets
60.05 Traffic Accidents: Reports
60.01 TITLE. Chapters 60 through 80 of this Code of Ordinances may be known and cited
as the “North Liberty 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 a highway
when fifty percent (50%) or more of the frontage thereon for a distance of three
hundred (300) feet or more is occupied by buildings in use for business.
2. “Park” or “parking” means the standing of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actually engaged in loading or
unloading merchandise or passengers.
3. “Peace officer” means every officer authorized to direct or regulate traffic or
to make arrests for violations of traffic regulations.
4. “Residence district” means the territory contiguous to and including a
highway not comprising a business, suburban or school district, where forty percent
(40%) or more of the frontage on such a highway for a distance of three hundred (300)
feet or more is occupied by dwellings or by dwellings and buildings in use for
business.
5. “School district” means the territory contiguous to and including a highway
for a distance of two hundred (200) feet in either direction from a schoolhouse.
6. “Stand” or “standing” means the halting of a vehicle, whether occupied or
not, otherwise than for the purpose of and while actually engaged in receiving or
discharging passengers.
7. “Stop” means when required, the complete cessation of movement.
8. “Stop” or “stopping” means when prohibited, any halting of a vehicle, even
momentarily, whether occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the directions of a peace officer or traffic control
sign or signal.
9. “Suburban district” means all other parts of the City not included in the
business, school, or residence districts.

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CHAPTER 60 ADMINISTRATION OF TRAFFIC CODE
10. “Traffic control device” means all signs, signals, markings, and devices not
inconsistent with this chapter, lawfully placed or erected for the purpose of regulating,
warning, or guiding traffic.
11. “Vehicle” means every device in, upon, or by which any person or property is
or may be transported or drawn upon a public highway, street, or alley.
60.03 ADMINISTRATION AND ENFORCEMENT. Provisions of this Traffic Code and

State law relating to motor vehicles and law of the road are enforced by the Police Department
and other certified law enforcement agencies.
60.04 POWER TO DIRECT TRAFFIC. A peace officer, any officer of the Fire
Department when at the scene of a fire, or a person directed to do so by a peace officer or
otherwise authorized by the City 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 Police Department
for the confidential use of peace officers and shall be subject to the provisions of Sections 22.7
and 321.271 of the Code of Iowa.
60.06 PEACE OFFICER’S AUTHORITY. A peace officer is authorized to stop a vehicle

to require exhibition of the driver’s license of the driver, to serve a summons or memorandum
of traffic violation, to inspect the condition of the vehicle, to inspect the vehicle with reference
to size, weight, cargo, log book, bills of lading or other manifest of employment, tires and
safety equipment, or to inspect the registration certificate, the compensation certificate, travel
order, or permit of such vehicle. A peace officer having probable cause to stop a vehicle may
require exhibition of the proof of financial liability coverage card issued for the vehicle.
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.
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 City Council. 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

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permittee to participate therein. A fee in the amount of $50.00 shall be required for
such permit. Additionally a five hundred dollar deposit for extraordinary law
enforcement costs and damage costs shall be required. After deductions for any
extraordinary law enforcement costs and reimbursement to the City for any damage to
public property, the remainder of the deposit will be refunded within ten days after the
parade.
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 Other Designated City Personnel. 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 other designated City
personnel.
60.09 SPECIAL EVENT STREETS. The City Council shall have the authority to declare
any street a special event street for the limited purpose of using that street as a thoroughfare
for special events such as a parade or other activity that would be beneficial to the City. When
such a street is so designated, authorized signs shall be erected indicating that no person shall
drive a vehicle on such street or a portion of it, except drivers of vehicles having business – or
whose residence is within – the closed area, and then any said driver shall exercise the greatest
care in driving on any such street or portion thereof. The City may require a deposit for
extraordinary law enforcement costs and damage costs in accordance with Section 60.08(2).

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°°°°°°°°°°

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CHAPTER 61
TRAFFIC CONTROL DEVICES

61.01 Installation 61.04 Standards
61.02 Crosswalks 61.05 Compliance
61.03 Traffic Lanes 61.06 Presumption of Legality
61.01 INSTALLATION. The City Administrator shall cause to be placed and maintained
traffic control devices when and as required under this Traffic Code or under State law or
emergency or temporary traffic control devices for the duration of an emergency or temporary
condition as traffic conditions may require to regulate, guide or warn traffic. The City
Administrator shall keep a record of all such traffic control devices.
61.02 CROSSWALKS. The City Council may designate and the Streets Superintendent
will maintain crosswalks by appropriate traffic control devices at intersections where, due to
traffic conditions, there is particular danger to pedestrians crossing the street or roadway, and
at such other places as traffic conditions require.
(Code of Iowa, Sec. 372.13[4] & 321.255)
61.03 TRAFFIC LANES. The Streets Superintendent may mark lanes for traffic on street
pavements at such places as traffic conditions require, consistent with this Traffic Code.
Where such traffic lanes have been marked, it is unlawful for the operator of any vehicle to
fail or refuse to keep such vehicle within the boundaries of any such lane except when
lawfully passing another vehicle or preparatory to making a lawful turning movement.
(Code of Iowa, Sec. 372.13[4] & 321.255)
61.04 STANDARDS. Traffic control devices shall comply with standards established by
The Manual of Uniform Traffic Control Devices for Streets and Highways.
61.05 COMPLIANCE. No driver of a vehicle shall disobey the instructions of any official
traffic control device placed in accordance with the provisions of this chapter, unless at the
time otherwise directed by a peace officer, subject to the exceptions granted the driver of an
authorized emergency vehicle under Section 321.231 of the Code of Iowa.
61.06 PRESUMPTION OF LEGALITY. Whenever official traffic control devices are

placed in a position approximately conforming to the requirements of this Traffic Code, such
devices shall be presumed to have been so placed by the official acting by direction of lawful
authority, unless the contrary shall be established by competent evidence.

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CHAPTER 61 TRAFFIC CONTROL DEVICES
°°°°°°°°°°

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CHAPTER 62
GENERAL TRAFFIC REGULATIONS

62.01 Violation of Regulations 62.04 Quiet Zones
62.02 Vehicles on Sidewalks 62.05 Obstructing View at Intersections
62.03 Clinging to Vehicle
62.01 VIOLATION OF REGULATIONS. Any person who willfully fails or refuses to

comply with any lawful order of a peace officer or direction of a Fire Department officer
during a fire, or who fails to abide by the applicable provisions of the following Iowa statutory
laws relating to motor vehicles and the statutory law of the road is in violation of this section.
These sections of the Code of Iowa are adopted by reference and are as follows:
1. Section 321.17 – Operating non-registered vehicle.
2. Section 321.20B – Failure to prove security against liability.
3. Section 321.25 – Violation of “registration applied for” card.
4. Section 321.32 – Fail to carry registration card.
5. Section 321.34 – Registration violation.
6. Section 321.37 – Fail to display registration plate.
7. Section 321.38 – Fail to maintain registration plate.
8. Section 321.41 – Fail to give notice of address/name change.
9. Section 321.45 – Violation of title transfer.
10. Section 321.46 – Violation of new title and registration upon transfer to new
owner.
11. Section 321.47 – Transfers by operation of law.
12. Section 321.48 – Violation of title-vehicles acquired for resale.
13. Section 321.52 – Violations of title – out-of-state sale, junked, dismantled,
wrecked or salvage vehicles.
14. Section 321.54 – Registration required/certain non-resident carriers.
15. Section 321.55 – Registration required – other non-resident carriers.
16. Section 321.57 – Failure to have proper plates (manufacturer, transporter,
dealer).
17. Section 321.62 – Failure to have proper records of special plates.
18. Section 321.67 – Failure to acquire/deliver certificate of title upon
sale/purchase of vehicle.
19. Section 321.78 – Injuring or tampering with vehicle.
20. Section 321.79 – Intent to injure.
21. Section 321.91 – Abandonment of vehicle.

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CHAPTER 62 GENERAL TRAFFIC REGULATIONS
22. Section 321.98 – Operation without registration.

23. Section 321.99 – Improper use of registration.
24. Section 321.104 – Penal offenses again title law.
25. Section 321.115 – Improper use of antique plates.
26. Section 321.174 – Failure to have a valid license of permit for operating a
motor vehicle.
27. Section 321.174A – Operation of motor vehicle with expired license.
28. Section 321.180 – Violation of instruction permit limitation.
29. Section 321.180B – Violation of graduated drivers license condition.
30. Section 321.193 – Violation of conditions of restricted licenses.
31. Section 321.194 – Violation of conditions of minor’s school license.
32. Section 321.208A – Operation in violation of out-of-service order.
33. Section 321.216 – Unlawful use of license and non-operator’s identification
card.
34. Section 321.216B – Misuse of license or ID card to acquire alcohol.
35. Section 321.216C – Misuse of license or ID card to acquire tobacco .
36. Section 321.219 – Permitting unauthorized minor to drive.
37. Section 321.220 – Permitting unauthorized person to drive.
38. Section 321.231 – Fail of caution by driver of emergency vehicle.
39. Section 321.232 – Radar jamming devices.
40. Section 321.234A – ATV violation.
41. Section 321.235A – Improper Operation Electric Personal Mobile Assistive
Device.
42. Section 321.247 – Unlawful golf cart operation.
43. Sect ion 321.256 – Fail to obey traffic control device.
44. Section 321.257 – Official traffic control signal.
45. Section 321.259 – Unauthorized signs, signals or markings.
46. Section 321.260 – Interference with devices, signs or signals; unlawful
possession.
47. Section 321.262 – Damage to vehicle.
48. Section 321.263 – Information and aid.
49. Section 321.264 – Striking unattended vehicle.
50. Section 321.265 – Striking fixtures upon a highway.
51. Section 321.266 – Reporting accidents.
52. Section 321.275 – Motorcycle and motorized bike violation.
53. Section 321.277 – Reckless driving.

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54. Section 321.277A – Careless driving.

55. Section 321.278 – Drag racing prohibited.
56. Section 321.284 – Open container -- drivers.
57. Section 321.284A – Open container -- passengers.
58. Section 321.288 – Fail to maintain control.
59. Section 321.295 – Excessive speed on bridge.
60. Section 321.297 – Driving on wrong side of two-way highway.
61. Section 321.298 – Fail to yield half of roadway when meeting vehicle.
62. Section 321.299 – Passing on wrong side.
63. Section 321.302 – Improper overtaking on the right.
64. Section 321.303 – Unsafe passing.
65. Section 321.304 – Prohibited passing.
66. Section 321.305 – Violating one-way traffic designation.
67. Section 321.306 – Improper use of lanes.
68. Section 321.307 – Following too closely.
69. Section 321.308 – Following too closely (trucks and towing vehicles).
70. Section 321.309 – Failure to use approved drawbar.
71. Section 321.310 – Unlawful towing of four-wheel trailers.
72. Section 321.311 – Turning from improper lane.
73. Section 321.312 – Making U-turn on curve or hill.
74. Section 321.313 – Unsafe starting of stopped vehicle.
75. Section 321.314 – Unsafe turn or fail to give signal.
76. Section 321.315 – Fail to give continuous turn signal.
77. Section 321.316 – Fail to signal stop or rapid deceleration.
78. Section 321.317 – Signal light requirements.
79. Section 321.318 – Incorrect hand signal.
80. Section 321.319 – Fail to yield to vehicle on right.
81. Section 321.320 – Fail to yield upon left turn.
82. Section 321.321 – Fail to yield upon entering through highway.
83. Section 321.322 – Fail to obey stop or yield sign.
84. Section 321.323 – Unsafe backing on highway.
85. Section 321.323A – Unsafe approach to certain stationary vehicles.
86. Section 321.324 – Fail to yield to emergency vehicle.
87. Section 321.324A – Funeral processions.
88. Section 321.325 – Pedestrian disobeying traffic control signal.

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89. Section 321.326 – Pedestrian walking on wrong side of highway.

90. Section 321.329 – Vehicle failing to yield to pedestrian.
91. Section 321.330 – Use of crosswalks.
92. Section 321.332 – Unlawful use of white cane.
93. Section 321.333 – Failure to yield to blind person.
94. Section 321.340 – Driving in or through safety zone.
95. Section 321.341 – Failure to properly stop at railroad crossing.
96. Section 321.342 – Failure to obey stop sign at railroad crossing.
97. Section 321.343 – Certain vehicles must stop.
98. Section 321.344 – Unlawful movement of construction equipment across
railroad track.
99. Section 321.344B – Creating an immediate safety threat at railroad crossing.
100. Section 321.353 – Unsafe entry onto sidewalk or roadway.
101. Section 321.354 – Stopping on paved part of highway or stopping on traveled
part of unpaved highway.
102. Section 321.359 – Moving other vehicle.
103. Section 321.362 – Parking without stopping engine and setting brake.
104. Section 321.363 – Driving with obstructed view or control.
105. Section 321.364 – Contaminated food-hazardous materials.
106. Section 321.365 – Coasting upon downgrade.
107. Section 321.366 – Improper use of median, curb, or access facility.
108. Section 321.367 – Fail to maintain distance from fire vehicle.
109. Section 321.368 – Crossing unprotected fire hose.
110. Section 321.369 – Depositing or throwing litter.
111. Section 321.370 – Failure to remove injurious material.
112. Section 321.372 – School buses.
113. Section 321.381 – Driving or towing unsafe vehicle.
114. Section 321.381A – Improper operation of low-speed vehicles.
115. Section 321.382 – Operating underpowered vehicle.
116. Section 321.383 – Failure to display reflective devise on slow-moving
vehicle.
117. Section 321.384 – Failure to use headlamps when required.
118. Section 321.385 – Insufficient number of headlamps.
119. Section 321.386 – Insufficient number of headlamps -- motorcycle.
120. Section 321.387 – Improper rear lamp(s).
121. Section 321.388 – Improper registration plate lamp.

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122. Section 321.389 – Improper rear reflector.

123. Section 321.390 – Reflector requirements.
124. Section 321.392 – Improper clearance lighting on truck or trailer.
125. Section 321.393 – Lighting device color and mounting.
126. Section 321.394 – No lamp or flag on rear-projecting load.
127. Section 321.395 – Parking on certain roadways without parking lights.
128. Section 321.397 – Improper light on bicycle.
129. Section 321.398 – Improper light on other vehicle.
130. Section 321.402 – Improper use of spotlight.
131. Section 321.403 – Improper use of auxiliary driving lights.
132. Section 321.404 – Improper brake light.
133. Section 321.404A – Prohibited use of light-restricting devices.
134. Section 321.405 – Self-illumination.
135. Section 321.406 – Cowl lamps.
136. Section 321.408 – Back-up lamps.
137. Section 321.409 – Improperly adjusted headlamp.
138. Section 321.415 – Failure to dim.
139. Section 321.417 – Single-beam road-lighting equipment.
140. Section 321.418 – Alternate road-lighting equipment.
141. Section 321.419 – Improper headlighting when night driving.
142. Section 321.420 – Excessive number of driving lights.
143. Section 321.421 – Violation of special restrictions on lamps.
144. Section 321.422 – Lights of improper color – front or rear.
145. Section 321.423 – Flashing lights.
146. Section 321.430 – Defective braking equipment.
147. Section 321.431 – Braking performance ability.
148. Section 321.432 – Defective audible warning device.
149. Section 321.433 – Unauthorized use of emergency audible warning devices
on motor vehicles.
150. Section 321.434 – Use of siren or whistle on bicycle.
151. Section 321.436 – Defective or unauthorized muffler system.
152. Section 321.437 – Mirrors.
153. Section 321.438 – Windshields and windows.
154. Section 321.439 – Defective windshield wiper.
155. Section 321.440 – Defective tires.

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156. Section 321.441 – Unauthorized use of metal tire or track.

157. Section 321.442 – Unauthorized use of metal projections on wheels.
158. Section 321.444 – Failure to use safety glass.
159. Section 321.445 – Failure to maintain or use safety belts.
160. Section 321.446 – Failure to secure child.
161. Section 321.449 – Motor carrier safety regulations.
162. Section 321.450 – Violation of hazardous materials transportation.
163. Section 321.454 – Width violation.
164. Section 321.455 – Excessive side projection of load -- passenger vehicle.
165. Section 321.456 – Excessive height.
166. Section 321.457 – Excessive length.
167. Section 321.458 – Excessive projection from front of vehicle.
168. Section 321.460 – Spilling loads on highway.
169. Section 321.461 – Excessive tow-bar length.
170. Section 321.462 – Failure to use required towing equipment.
171. Section 321.463 – Fines for overloads on axles.
172. Section 321.466 – Gross weight in excess of registered gross weight.
62.02 VEHICLES ON SIDEWALKS. The driver of a vehicle shall not drive upon or
within any sidewalk or trail 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 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 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.

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CHAPTER 63
SPEED REGULATIONS
63.01 General 63.04 Special Speed Zones
63.02 State Code Speed Limits 63.05 Minimum Speed
63.03 Parks, Cemeteries, and Parking Lots
63.01 GENERAL. Every driver of a motor vehicle on a street shall drive the same at a
careful and prudent speed not greater than nor less than is reasonable and proper, having due
regard to the traffic, surface and width of the street and of any other conditions then existing,
and no person shall drive a vehicle on any street at a speed greater than will permit said driver
to bring it to a stop within the assured clear distance ahead, such driver having the right to
assume, however, that all persons using said street will observe the law.
63.02 STATE CODE SPEED LIMITS. The following speed limits are established in
Section 321.285 of the Code of Iowa and any speed in excess thereof is unlawful unless
specifically designated otherwise in this chapter as a special speed zone.
1. Business District – twenty (20) miles per hour.
2. Residence or School District – twenty-five (25) miles per hour.
3. Suburban District – forty-five (45) miles per hour.
63.03 PARKS, CEMETERIES, AND PARKING LOTS. A speed in excess of fifteen

(15) miles per hour in any public park, cemetery, or parking lot, unless specifically designated
otherwise in this chapter, is unlawful.
63.04 SPECIAL SPEED ZONES. In accordance with requirements of the Iowa

Department of Transportation, or whenever the City Council shall determine upon the basis of
an engineering and traffic investigation that any speed limit listed in Section 63.02 is greater
or less than is reasonable or safe under the conditions found to exist at any intersection or
other place or upon any part of the City street system, the Council shall determine and adopt
by resolution such higher or lower speed limit as it deems reasonable and safe at such location.
63.05 MINIMUM SPEED. A person shall not drive a motor vehicle at such a slow speed
as to impede or block the normal and reasonable movement of traffic, except when reduced
speed is necessary for safe operation, or in compliance with law.

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CHAPTER 63 SPEED REGULATIONS
°°°°°°°°°°

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CHAPTER 64
TURNING REGULATIONS
64.01 Turning at Intersections 64.03 Left Turn for Parking
64.02 U-Turns
64.01 TURNING AT INTERSECTIONS. The driver of a vehicle intending to turn at an

intersection shall do so as follows:
1. Both the approach for a right turn and a right turn shall be made as close as
practical to the right-hand curb or edge of the roadway.
2. Approach for a left turn shall be made in that portion of the right half of the
roadway nearest the centerline thereof and after entering the intersection the left turn
shall be made so as to depart from the intersection to the right of the centerline of the
roadway being entered.
3. Approach for a left turn from a two-way street into a one-way street shall be
made in that portion of the right half of the roadway nearest the centerline thereof and
by passing to the right of such centerline where it enters the intersection. A left turn
from a one-way street into a two-way street shall be made by passing to the right of
the centerline of the street being entered upon leaving the intersection.
The City Council may cause markers, buttons or signs to be placed within or adjacent to
intersections and thereby require and direct, as traffic conditions require, that a different
course from that specified above be traveled by vehicles turning at intersections, and when
markers, buttons or signs are so placed, no driver of a vehicle shall turn a vehicle at an
intersection other than as directed and required by such markers, buttons or signs.
64.02 U-TURNS. It is unlawful for a driver to make a U-turn except at an intersection;

however, U-turns are prohibited within the business district, at intersections where there are
automatic traffic signals, and at any intersections designated by resolution of the City Council.
64.03 LEFT TURN FOR PARKING. No person shall make a left hand turn, crossing the
centerline of the street, for the purpose of parking on said street.

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CHAPTER 64 TURNING REGULATIONS
°°°°°°°°°°

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CHAPTER 65
STOP OR YIELD REQUIRED

65.01 Stop Required 65.05 Stop When Traffic Is Obstructed
65.02 Yield Required 65.06 Yield to Pedestrians in Crosswalks
65.03 School Stops 65.07 Official Traffic Controls
65.04 Stop Before Crossing Sidewalk
65.01 STOP REQUIRED. The City Council shall establish by resolution, and cause to be
placed and maintained, appropriate traffic control devices at stop intersections. Every driver
of a vehicle shall stop in accordance with the appropriate stop sign or stop signal light.
65.02 YIELD REQUIRED. The City Council shall establish by resolution, and cause to be
placed and maintained, appropriate traffic control devices at yield intersections. Every driver
of a vehicle shall yield in accordance with the appropriate yield sign or yield signal light.
65.03 SCHOOL STOPS. The City Council shall establish by resolution, and cause to be
placed and maintained, appropriate traffic control devices at school crossing zones. At
designated school crossing zones, every driver of a vehicle approaching said zone shall bring
the vehicle to a full stop at a point ten (10) feet from the approach side of the crosswalk
marked by an authorized school stop sign and thereafter proceed in a careful and prudent
manner until the vehicle shall have passed through such school crossing zone.
65.04 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.
65.05 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.
65.06 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.
65.07 OFFICIAL TRAFFIC CONTROLS. The City Council shall establish by

resolution, and cause to be placed and maintained, other appropriate traffic control devices at
designated intersections and streets. Every driver shall observe and comply with the
directions provided by all official traffic control signals.

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CHAPTER 65 STOP OR YIELD REQUIRED
°°°°°°°°°°

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CHAPTER 66
LOAD AND WEIGHT RESTRICTIONS

66.01 Temporary Embargo 66.04 Load Limits on Bridges
66.02 Permits for Excess Size and Weight 66.05 Truck Route
66.03 Load Limits Upon Certain Streets 66.06 Violations
66.01 TEMPORARY EMBARGO. If the City Council declares an embargo by resolution

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 City Administrator may,
upon application and good cause being shown therefor, issue a special permit in writing
authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or
weight or load exceeding the maximum specified by State law or the City over those streets or
bridges named in the permit which are under the jurisdiction of the City and for which the City
is responsible for maintenance.
(Code of Iowa, Sec. 321.473 & 321E.1)
66.03 LOAD LIMITS UPON CERTAIN STREETS. When signs are erected giving
notice thereof, no person shall operate any vehicle with a gross weight in excess of the
amounts specified on such signs at any time upon any designated streets or parts of streets.
(Code of Iowa, Sec. 321.473 & 475)
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 City Council may cause to be posted and maintained signs on said
bridge and at suitable distances ahead of the entrances thereof to warn drivers of such
maximum load limits, and no person shall drive a vehicle weighing, loaded or unloaded, upon
said bridge in excess of such posted limit.
66.05 TRUCK ROUTE. Truck route regulations are established as follows:

1. Truck Routes Designated. The City Council shall establish by resolution, and
cause to be placed and maintained, appropriate signs on any streets designated as
truck routes. Every motor vehicle weighing five (5) tons or more, when loaded or
empty, having no fixed terminal within the City or making no scheduled or definite
stops within the City for the purpose of loading or unloading shall travel over or upon
streets so designated within the City and none other.
2. Deliveries off Truck Route. Any motor vehicle weighing five (5) tons or
more, when loaded or empty, having a fixed terminal, making a scheduled or definite
stop within the City for the purpose of loading or unloading shall proceed over or
upon the designated routes set out in this section to the nearest point of its scheduled

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CHAPTER 66 LOAD AND WEIGHT RESTRICTIONS
or definite stop and shall proceed thereto, load or unload and return, by the most direct
route to its point of departure from said designated route.
3. Employer’s Responsibility. The owner, or any other person, employing or
otherwise directing the driver of any vehicle shall not require or knowingly permit the
operation of such vehicle upon a street in any manner contrary to this section.
66.06 VIOLATIONS. Unless otherwise provided by state law, violations of this chapter
may be punishable as a simple misdemeanor with a minimum fine of $250.00 or a municipal
infraction with a minimum fine of $250.00.

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CHAPTER 67
PEDESTRIANS
67.01 Walking in Street 67.03 Pedestrian Crossing
67.02 Hitchhiking
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.
67.02 HITCHHIKING. No person shll stand in the traveled portion of a street for the
purpose of soliciting a ride from the driver of any private vehicle.
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.

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CHAPTER 67 PEDESTRIANS
°°°°°°°°°°

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CHAPTER 68
ONE-WAY TRAFFIC
68.01 ONE-WAY TRAFFIC REQUIRED. The City Council shall establish by resolution,
and cause to be placed and maintained, appropriate traffic control devices on streets
designated for one-way traffic. Upon designated streets and alleys, vehicular traffic, other
than permitted cross traffic, shall move only in the indicated direction when appropriate signs
are in place.

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CHAPTER 68 ONE-WAY TRAFFIC
°°°°°°°°°°

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CHAPTER 69
PARKING REGULATIONS
69.01 Park Adjacent to Curb 69.07 Persons With Disabilities Parking
69.02 Park Adjacent to Curb – One-Way Street 69.08 No Parking and Limited Parking Zones
69.03 Angle Parking 69.09 Truck and Trailer Parking Limited
69.04 Angle Parking – Manner 69.10 Snow Emergency
69.05 Parking for Certain Purposes Illegal 69.11 Parking of Unregistered Vehicles
69.06 Parking Prohibited
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.
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.
69.03 ANGLE PARKING. The City Council shall establish by resolution, and cause to be
placed and maintained, appropriate parking control devices that limit angle or diagonal
parking to designated locations.
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 said vehicle is
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.
69.05 PARKING FOR CERTAIN PURPOSES ILLEGAL. No person shall park a

vehicle upon public property for more than forty-eight hours, unless otherwise limited under
the provisions of this chapter, or for any of the following principal purposes:
1. Sale. Displaying such vehicle for sale;
2. Repairing. For lubricating, repairing or for commercial or private washing of
such vehicle except such repairs as are necessitated by an emergency;
3. Advertising. Displaying advertising;

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CHAPTER 69 PARKING REGULATIONS
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.
2. Center Parkway. On the center parkway or dividing area of any divided
street.
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.
4. Sidewalks. On or across a sidewalk.
5. Driveway. In front of a public or private driveway.
6. Intersection. Within an intersection or within ten (10) feet of an intersection
of any street or alley.
7. Fire Hydrant. Within five (5) feet of a fire hydrant.
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.
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.
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.
11. Excavations. Alongside or opposite any street excavation or obstruction when
such stopping, standing or parking would obstruct traffic.
12. Double Parking. On the roadway side of any vehicle stopped or parked at the
edge or curb of a street.
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

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conditions require, the Council may cause curbs to be painted with a yellow color and
erect no parking or standing signs.
14. Churches, Nursing Homes and Other Buildings. 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.
15. Alleys. No person shall park a vehicle within an alley in such a manner or
under such conditions as to leave available less than ten (10) feet of the width of the
roadway for the free movement of vehicular traffic, and no person shall stop, stand or
park a vehicle within an alley in such a position as to block the driveway entrance to
any abutting property. The provisions of this subsection shall not apply to a vehicle
parked in any alley which is eighteen (18) feet wide or less; provided said vehicle is
parked to deliver goods or services.
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.
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.
18. In More Than One Space. In any designated parking space so that any part of
the vehicle occupies more than one such space or protrudes beyond the markings
designating such space.
19. Cul-de-Sac. On that portion of cul-de-sac streets, commonly known as the
bulb.
20. Construction Areas. Within areas designated by the City Administrator due to
construction activities, public or private, that require special traffic controls on a
temporary basis.
69.07 PERSONS WITH DISABILITIES PARKING. The following regulations shall

apply to the establishment and use of persons with disabilities parking spaces:
1. Establishment. Persons with disabilities parking spaces shall be established
and designated in accordance with Chapter 321L of the Code of Iowa and Iowa
Administrative Code, 661-18. No unauthorized person shall establish any on-street
persons with disabilities parking space without first obtaining Council approval.
2. Improper Use. The following uses of a persons with disabilities parking
space, located on either public or private property, constitute improper use of a
persons with disabilities parking permit, which is a violation of this Code of
Ordinances:
(Code of Iowa, Sec. 321L.4[2])

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A. Use by an operator of a vehicle not displaying a persons with

disabilities parking permit;
B. Use by an operator of a vehicle displaying a persons with disabilities
parking permit but not being used by a person issued a permit or being
transported in accordance with Section 321L.2[1b] of the Code of Iowa;
C. Use by a vehicle in violation of the rules adopted under Section
321L.8 of the Code of Iowa.
3.Wheelchair Parking Cones. No person shall use or interfere with a wheelchair
parking cone in violation of the following:
A. A person issued a persons with disabilities parking permit must
comply with the requirements of Section 321L.2A(1) of the Code of Iowa
when utilizing a wheelchair parking cone.
B. A person shall not interfere with a wheelchair parking cone which is
properly placed under the provisions of Section 321L.2A(1) of the Code of
Iowa.
69.08 NO PARKING AND LIMITED PARKING ZONES. The City Council shall
establish by resolution, and cause to be placed and maintained, appropriate parking control
devices that prohibit or limit parking at designated locations. No one shall stop, stand or park
a vehicle in any specifically designated no parking or limited 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.
69.09 TRUCK AND TRAILER PARKING LIMITED. No person shall park a motor
truck, semi-trailer, other motor vehicle with trailer attached, or an unattended trailer in
violation of the following regulations. The provisions of this section shall not apply to pickup,
light delivery or panel delivery trucks.
1. Commercial Districts. Excepting only when such vehicles or trailers are
actually engaged in construction activities or in the delivery or receiving of
merchandise or cargo and off-street parking is not available, no person shall park or
leave unattended such vehicle or trailer on any streets within a commercial district.
When actually engaged in construction activities or in the delivery or receiving of
merchandise or cargo, such vehicle or trailer shall be stopped or parked in a manner
which will not interfere with other traffic.
2. Residential Districts. Excepting only when such vehicles or trailers are
actually engaged in construction activities and off-street parking is not available, no
person shall park or leave unattended such vehicle or trailer on any streets within a
residential district. When actually engaged in construction activities, such vehicle or
trailer shall be stopped or parked in a manner which will not interfere with other
traffic.
3. Noise. No such vehicle or trailer shall be left standing or parked upon any
street, alley, public or private parking lot, or drive of any service station between the
hours of 10:00 p.m. and 7:00 a.m. with the engine, auxiliary engine, air compressor,
refrigerating equipment or other device in operation giving off audible sounds

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excepting only when in the drive of a service station when actually being serviced,
and then in no event for more than 30 minutes. 1
4. Livestock. No such vehicle or trailer containing livestock shall be parked on
any street, alley, or highway for a period of time of more than 30 minutes.
69.10 SNOW EMERGENCY. The purpose of this section is to provide for a system
whereby persons are notified of snow emergencies. Without such an ordinance, cars remain
parked on certain streets and effective plowing is curtailed. Consequently, parking places are
hard to obtain and cars often park too far from the curb, creating a hazard to other motorists.
1. A snow emergency shall automatically go into effect when snow
accumulation reaches two inches. At such time as two inches of snow accumulates on
City streets, a snow emergency will go into effect and the parking restrictions set forth
herein shall be in effect immediately and without further notice. The City may
provide additional notice of the snow emergency as it deems appropriate and
necessary.
2. In addition to the provision for automatic snow emergency set forth in
subsection 1 above, whenever the Mayor determines, on the basis of falling snow,
sleet, freezing rain, or on the basis of a credible weather forecast, that weather
conditions will make it necessary that motor vehicle traffic be expedited and that
parking on City streets be prohibited or restricted for snow plowing or other purposes,
the Mayor may declare a snow emergency by notifying the City Clerk.
3. No person shall park, abandon, or leave unattended any vehicle on any public
street during an automatic or declared snow emergency.
4. An automatic snow emergency shall take effect immediately when snow
accumulation reaches two inches. A declared snow emergency shall take effect at a
time set by the Mayor but not earlier than two hours after it is declared. The Mayor
shall declare a snow emergency by notifying the City Clerk, stating the beginning
time and, if known, the ending time for the snow emergency. If the office of the Clerk
is closed, the Mayor shall file such notice promptly when the office next is opened
during normal business hours. The Mayor may cancel such declaration or change the
beginning or ending time. Notice shall be given for such cancellations or changes in
the same manner as the original snow emergency declaration. The City Clerk shall
ensure that notice of declared snow emergencies is promulgated in a timely manner to
the public by all appropriate means, as well as promulgate by the same means the
cancellation of any snow emergencies.
5. Enforcement and Towing. Any person who violates the provisions of this
section shall be subject to criminal prosecution in accordance with Chapter 70 and to
civil enforcement in accordance with Chapter 4. Each 12-hour period that a vehicle is
parked or allowed to remain on any street in violation of this section constitutes a
separate and distinct offense. Any vehicles found to be parked where not permitted
during a snow emergency may be impounded in accordance with the provisions of
Section 70.06.
6. Appeal. A violation of this section may be appealed to the City Administrator
within thirty (30) days of the date of the violation and prior to a complaint being filed
in District Court. In the event of a timely appeal, the City Administrator shall conduct
a summary review and then either determine that the case will be enforced in
1
EDITOR’S NOTE: See also Section 77.07 – Motorized Vehicle Operation on Private Property.

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accordance with the provisions of this section and Chapter 70 or, in the alternative,
order administratively that the case be dismissed.
69.11 PARKING OF UNREGISTERED VEHICLES ILLEGAL. No person shall stop,

stand, or park an unregistered vehicle upon public property. Only vehicles that are currently
registered and have the registration properly displayed on the rear license plate are permitted
to be parked on public property.

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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 70.06 Impounding Vehicles
70.01 ARREST OR CITATION. Any violation of the North Liberty Traffic Code is a
simple misdemeanor and punishable in accordance with the penalties set forth in Section
903.1 of the Code of Iowa, unless otherwise specified. 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, or issue a uniform citation and complaint utilizing a State-approved
computerized device.
(Code of Iowa, Sec. 805.6, 903.1 & 321.485)
70.02 SCHEDULED VIOLATIONS. For violations of the Traffic Code which are
designated by Section 805.8A of the Code of Iowa to be scheduled violations, the scheduled
fine for each of those violations shall be as specified in Section 805.8A of the Code of Iowa.
(Code of Iowa, Sec. 805.8 & 805.8A)
70.03 PARKING VIOLATIONS. Uncontested violations of parking restrictions imposed

by this Code of Ordinances shall be charged upon a simple notice of a fine payable at the
office of the City Clerk. The fine shall be in the amount of twenty-five dollars ($25.00) for
snow emergency parking violations. The fine for improper use of a persons with disabilities
parking permit is one hundred dollars ($100.00). The fine for all other violations shall be in
the amount of ten dollars ($10.00) and if such fine is not paid within thirty (30) days, it shall
be increased by five dollars ($5.00).
(Code of Iowa, Sec. 321.236[1a] & 321L.4[2])
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

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CHAPTER 70 TRAFFIC CODE ENFORCEMENT PROCEDURES
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.
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.
3. Snow Emergency. When any vehicle is left parked in violation of a ban on
parking during any snow emergency as set forth in Section 69.10.
4. Parked Over Limited Time Period. When any vehicle is left parked for a
continuous period in violation of any limited parking time. If the owner can be
located, the owner shall be given an opportunity to remove the vehicle.
5. Failure to Pay Parking Fines. When any vehicle has accumulated two or more
unpaid parking fines. For the purpose of this paragraph, an unpaid parking fine is any
parking fine that has not been fully paid within thirty (30) days after the notice was
issued.
6. 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.

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CHAPTER 75
ALL-TERRAIN VEHICLES AND SNOWMOBILES

75.01 Purpose 75.05 Designated Routes and Operation - Snowmobiles
75.02 Short Title 75.06 Miscellaneous Rules - Snowmobiles
75.03 Definitions 75.07 All-terrain Vehicles Prohibited in City Limits
75.04 Snowmobiles Restricted in City Limits 75.08 Limitation of Liability
75.01 PURPOSE. The purpose of this chapter shall be to regulate the use of all-terrain
vehicles and snowmobiles upon the streets within the corporate City limits and to provide
penalties for the violations thereof.
75.02 SHORT TITLE. The ordinance codified in this chapter shall be known and may be
cited and referred to as the “North Liberty All-Terrain Vehicles and Snowmobile Ordinance.”
75.03 DEFINITIONS. As used in this chapter, unless the context otherwise requires, the
following words are defined as follows:
1. “All-terrain vehicle” or “ATV” means a motorized flotation-tire vehicle with
not less than three and not more than six 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.
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.
3. “Off-road utility vehicle” means a motorized flotation-tire vehicle, with not
less than four and not more than eight 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 bucket or bench design, not intended to be straddled by the
operator, and a steering wheel or control levers 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 vehicle.
4. “Operate” means to ride in or on, other than as a passenger, use or control the
operation of a snowmobile in any manner, whether or not the snowmobile is moving.
5. “Operator” means every person who operates or is in actual physical control
of a snowmobile.
6. “Owner” means a person other than a lienholder, having the property right in
or title to a snowmobile. The term includes a person entitled to the use or possession
of a snowmobile subject to an interest in another person, reserved or created by

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CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES
agreement in securing payment or performance of an obligation, but the term excludes

a lessee under a lease not intended as security.
7. “Person” means an individual, partnership, firm, corporation, association, and
the estate, its agencies and political subdivisions.
8. “Roadway” means that portion of a street or highway improved, designed or
ordinarily used for vehicular travel.
9. “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.
10. “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, except in public areas in which
the boundaries shall be thirty-three feet on each side of the centerline of the roadway.
75.04 SNOWMOBILES RESTRICTED IN CITY LIMITS. It is unlawful for any person

to operate a snowmobile or an ATV within the corporate City limits, except upon the terms,
conditions and limitations enumerated in Chapter 321G, Code of Iowa, and this chapter.
75.05 DESIGNATED ROUTES AND OPERATION – SNOWMOBILES.

1. Snowmobiles may be operated on the roadway between the edge of the
sidewalk closest to the roadway, on either side of the street, or on the five-foot
adjacent shoulder on either side of the roadway if there is no sidewalk, for the
following designated streets in the City:
A. Dubuque Street from the south City limit to the intersection with
Cherry Street;
B. Front Street from Penn Street north to the north City limit;
C. Penn Street from the north Penn Meadows parking lot west to the
west boundary of Liberty’s Gate. Snowmobilers are asked to refrain from
traveling on Penn Street between Front Street and Highway 965 whenever
possible;
D. Kansas Avenue from 270th Street south to Forevergreen Road;
E. Forevergreen Road from Kansas Avenue west to the west City limit;
F. Highway 965 from the north City limit to the south City limit.
Snowmobiles may be operated on the designated route through Penn Meadows Park
between Dubuque Street and Penn Street.
2. Snowmobiles may only be operated on the above-referenced designated
routes for the purpose of entering or exiting the City or for the purpose of allowing the
operator to reach his/her destination. Operators of snowmobiles shall travel to or from
the designated snowmobile routes by the most direct route available and in
compliance with the other provisions of this chapter.

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3. Operation of snowmobiles within the City is strictly prohibited between the

hours of twelve a.m. and six a.m. on Saturday and Sunday and between the hours of
ten-thirty p.m. and six a.m. Sunday through Thursday.
75.06 MISCELLANEOUS RULES – SNOWMOBILES. No person shall operate a

snowmobile within the City limits, as specified above, except in compliance with the
following rules and regulations:
1. Any person operating a snowmobile within the City shall obey all designated
speed limits and other posted traffic signs or traffic-control devices.
2. No person shall operate a snowmobile within the City unless it is currently
registered and numbered with the state, as provided in Chapter 321G, Iowa Code.
3. The operator must yield the right-of-way to all motor vehicles operating on
the street.
4. Snowmobiles shall not be operated on any street abreast with one or more
other snowmobiles.
5. Snowmobiles operating within the City shall be equipped with at least one
headlight and one taillight and the headlight and taillight shall be lighted at all times
when operated within the City limits.
6. Snowmobiles shall not be operated without suitable and effective muffling
devices as defined in Chapter 321G, Iowa Code.
7. No person shall operate a snowmobile in a careless, reckless or negligent
manner so as to endanger any person, including the operator, or the property of
another or to cause injury or damage thereto.
8. No personal shall operate a snowmobile while under the influence of an
intoxicating liquor or narcotics or habit forming drugs as defined in the Iowa Code.
9. No person shall operate a snowmobile on private property without the express
permission of the property owner.
10. Except as provided above, no person shall operate a snowmobile on any
public property, including the City parks, within the City.
75.07 ALL-TERRAIN VEHICLES PROHIBITED IN CITY LIMITS. It is unlawful for

any person to operate any all-terrain vehicle (ATV, off-road motorcycle, or off-road utility
vehicle) within the corporate City limits, except upon the terms, conditions and limitations
specifically enumerated in Chapter 321I, Code of Iowa, and this chapter. No City streets,
sidewalks, trails, snowmobile trails, or any other public properties are designated for use for
the sport of driving all-terrain vehicles.
75.08 LIMITATION OF LIABILITY. The City, the owners or tenants of property, public
lands or right-of-way within the City limits, their agents, employees or officers, owe no duty
of care to keep said property or lands safe for use by persons operating a snowmobile or an
ATV, or to give any warning of a dangerous condition, use, structure, obstruction or activity
on the property, whether known or unknown. The City and the owners and tenants of property
within the City, their agents, employees and officers, are not liable for actions taken to allow
or facilitate the use of property, public lands or right-of-way or permitting the use thereof.
Operation of a snowmobile in violation of this chapter or Chapter 321G or operation of an

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ATV in violation of this chapter or Chapter 321I shall not create a basis for liability or subject
the City, owners or tenants of property to any liability for said operations.

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CHAPTER 76
BICYCLE REGULATIONS
76.01 Scope of Regulations 76.08 Carrying Articles
76.02 Traffic Code Applies 76.09 Riding on Sidewalks
76.03 Double Riding Restricted 76.10 Towing
76.04 Two Abreast Limit 76.11 Improper Riding
76.05 Bicycle Paths 76.12 Parking
76.06 Speed 76.13 Equipment Requirements
76.07 Emerging from Alley or Driveway
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.
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.
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 abreast except on paths or parts of roadways set aside for the exclusive use of
bicycles. All bicycles ridden on the roadway shall be kept to the right and shall be operated as
near as practicable to the right-hand edge of the roadway.
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.
76.06 SPEED. No person shall operate a bicycle at a speed greater than is reasonable and
prudent under the conditions then existing.
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.

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CHAPTER 76 BICYCLE REGULATIONS
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 handlebars.
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.
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.
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.
76.10 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 unless the vehicle is manufactured for such use.
76.11 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.
76.12 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.
76.13 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 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 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.
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.

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CHAPTER 77
VEHICLE NOISE AND EMISSION STANDARDS

77.01 Purpose 77.05 Repair Required
77.02 Definitions 77.06 Excessive Noise by Tires Prohibited
77.03 Nuisance Declared 77.07 Motorized Vehicle Operation Prohibited on Private
77.04 Exhaust System and General Motor Property
Vehicle Standards 77.08 Exemptions
77.01 PURPOSE. The purpose of this chapter is to regulate the operation of motor vehicles
in the City in order to prevent excessive noise or excessive fumes occasioned by the operation
of motor vehicles within the City, and to require motor vehicles operated in the City to have
proper equipment designed to prevent excessive noise created by the operation of the motor
vehicles, and to declare the creating of excessive noise by the operation of motor vehicles in
the City to be a nuisance.
77.02 DEFINITIONS. For the purposes of this chapter, the following definitions apply:
1. “Excessive noise” means a sound which is loud, raucous, irritating, annoying,
and unreasonable and which exceeds the usual normal, appropriate, and regular
sounds.
2. “Exhaust” means those gases, fumes, chemical, and/or physical parts which
are the result of an operation of the ignition stroke of an internal combustion engine.
3. “Exhaust pipe” means that part of the means of enclosed conveyance designed
to carry from the lower extremity of an exhaust manifold to the entry point of a
muffler.
4. “Exhaust system” means all parts of a motor vehicle through which the
exhaust passes after leaving the engine block.
5. “Motor vehicle” means every vehicle which is propelled by an internal
combustion engine riding on one or more round wheels, designed to be capable of
operating on any street, alley, right-of-way, or public access within the City.
6. “Smoke” means any emission of fumes or exhaust which can be readily
observed by an individual of normal eyesight or corrected normal eyesight during the
hours of daylight.
77.03 NUISANCE DECLARED. It is declared that the operation of a motor vehicle within
the corporate limits of the City which creates excessive noise or creates fumes by reason of
not having an exhaust system or muffler as specified in this chapter or having devices
specifically prohibited by this chapter, is a nuisance. It is further declared that the operation of
a motor vehicle in a manner that causes the tires of the motor vehicle to emit excessive noise
is a nuisance.
77.04 EXHAUST SYSTEM AND GENERAL MOTOR VEHICLE STANDARDS. No

person shall operate a motor vehicle – and no owner of a motor vehicle shall permit or allow
the operation of a motor vehicle – on a street, roadway, alley, or highway within the City
unless such motor vehicle meets the following standards:

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CHAPTER 77 VEHICLE NOISE AND EMISSION STANDARDS
1. Any motor vehicle operated in the City shall be equipped with an exhaust
system in good working order and in constant operation to prevent excessive noise or
annoying or prohibited fumes or smoke. Any exhaust system shall be deemed
defective and prohibited by this chapter if any changes, modifications, alterations,
deletions, adjustments, or deteriorations have been made or permitted which, as a
result of the changes, modifications, alterations, deletions, adjustments, or
deteriorations, would cause such exhaust system to generate a higher or louder sound
level (which is excessive noise) than was generated by the system prior to the change,
modification, alteration, deletion, adjustment, or deterioration.
2. No motor vehicle shall be operated in the City which is equipped with an
exhaust system which has a cut-out, lake pipes or dump, “snuff-or-nots” (snuff nuts),
straight pipes, or extensions.
3. No motor vehicle shall be operated in the City which is equipped with headers
which create excessive noise.
4. No person shall operate a motor vehicle in the City unless the motor vehicle
has a muffler in its exhaust system.
5. No motor vehicle shall be operated in the City equipped with a muffler from
which the baffle plates, baffle tubes, screens, packing, lining or other original internal
or external parts have been removed and have not been replaced.
6. No motor vehicle shall be operated in the City equipped with an exhaust
system which shall, upon acceleration or deceleration, with or without the drive train
engaged, of the speed of the motor vehicle, omit or produce a popping or crackling
sound or create excessive noise.
7. No motor vehicle shall be operated in the City unless the vehicle is equipped
with a tail pipe as defined in this chapter. This subsection shall not be deemed to
apply to semi-motor trucks and tandem trucks.
system which consists, in whole or in part, of any moveable, non-rigid fibrous or
metal outer coverings.
system which has installed in the system any device designed to ignite exhaust gases
so as to produce flame within or outside the exhaust system.
10. No motor vehicle shall be operated in the City by any person in any manner or
by any method whereby the operation of the motor vehicle will create or cause the
motor vehicle or any of its component parts to create excessive noise.
77.05 REPAIR REQUIRED. Any exhaust system or muffler which does not meet the
requirements enumerated in this chapter shall be repaired or replaced to restore the exhaust
system or muffler to meet the requirements of this chapter within five days of the date of
discovery of the defect. Failure to replace or restore the exhaust system or muffler to meet the
requirements of this chapter within the five-day period shall constitute a separate violation of
this chapter.
77.06 EXCESSIVE NOISE BY TIRES PROHIBITED. No person shall operate a motor

vehicle – and no owner of a motor vehicle shall permit or allow the operation of a motor
vehicle – in such a manner or by such a method as to cause the tires on the motor vehicle to
make any loud, raucous, squealing, or screeching noise or other sounds caused by excessive

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acceleration from a stopped position, or while a vehicle is in motion, or by deceleration while

a vehicle is in motion. This section does not apply to any noises or sounds caused by the tires
of motor vehicles when the vehicle is engaged in an emergency situation where it is necessary
to accelerate or stop the vehicle immediately or suddenly in order to avoid contact with
another motor vehicle or with a pedestrian, as long as the emergency situation is not that of the
owner’s making.
77.07 MOTORIZED VEHICLE OPERATION PROHIBITED ON PRIVATE

PROPERTY. No person shall operate or cause to be operated the engine providing motive
power (or an auxiliary engine) of a motor vehicle of a weight in excess of 10,000 pounds for a
consecutive period longer than 20 minutes while such vehicle is standing on private property
and located within 150 feet of property zoned and used for residential purposes, except when
such vehicle is standing within a completely enclosed building. This section does not apply to
delivery or pickup vehicles that require the operation of the engine to unload their vending
loads. The operation of a vehicle in the manner described in this section shall be deemed a
nuisance to which a criminal penalty under the terms of this code or a civil penalty as
established by this code may be imposed.
77.08 EXEMPTIONS. This chapter does not apply to authorized police, fire and
emergency vehicles and special mobile equipment, licensed and authorized by the State as
such special mobile equipment.

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CHAPTER 80
ABANDONED VEHICLES
80.01 Definitions 80.06 Disposal of Abandoned Vehicles
80.02 Authority to Take Possession of Abandoned Vehicles 80.07 Disposal of Totally Inoperable Vehicles
80.03 Notice by Mail 80.08 Proceeds from Sales
80.04 Notification in Newspaper 80.09 Duties of Demolisher
80.05 Fees for Impoundment
1. “Abandoned vehicle” means any of the following:
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 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
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 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 a person licensed under Chapter 321H of the Code of
Iowa whose business it is to convert a vehicle to junk, processed scrap or scrap metal,
or otherwise to wreck, or dismantle vehicles.
3. “Garage keeper” means any operator of a parking place or establishment,
motor vehicle storage facility, or establishment for the servicing, repair, or
maintenance of motor vehicles.
4. “Police authority” means the Iowa state patrol or any law enforcement agency
of a county or city.
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 any abandoned vehicle on private
property. The police authority may employ its own personnel, equipment, and facilities or

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CHAPTER 80 ABANDONED VEHICLES
hire a private entity, equipment, and facilities for the purpose of removing, preserving, storing,
or disposing of abandoned vehicles. A property owner or other person in control of private
property may employ a private entity who is a garage keeper to dispose of an abandoned
vehicle, and the private entity may take into custody the abandoned vehicle without a police
authority’s initiative. 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.
80.03 NOTICE BY MAIL. The police authority or private entity that 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 the parties’ 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 vehicle
identification 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. If the
abandoned vehicle was taken into custody by a private entity without a police authority’s
initiative, the notice shall state that the private entity may claim a garage keeper’s lien as
described in Section 321.90 of the Code of Iowa, and may proceed to sell or dispose of the
vehicle. If the abandoned vehicle was taken into custody by a police authority or by a private
entity hired by a police authority, 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 notice do not ask for a hearing or exercise
their right to reclaim the vehicle or personal property within the ten-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-day reclaiming period.
80.04 NOTIFICATION IN NEWSPAPER. If it is impossible to determine with

reasonable certainty the identity and addresses of the last registered owner and 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.

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80.05 FEES FOR IMPOUNDMENT. The owner, lienholder, or claimant shall pay all
towing and storage fees as established by the storage facility, whereupon the vehicle shall be
released.
80.06 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.
80.07 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 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])
80.08 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.
80.09 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.

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CHAPTER 90
WATER SERVICE SYSTEM

90.01 Definitions 90.12 Curb Valve
90.02 Superintendent’s Duties 90.13 Interior Valve
90.03 Mandatory Connections 90.14 Inspection and Approval
90.04 Abandoned Connections 90.15 Completion by the City
90.05 Permit 90.16 Shutting Off Water Supply
90.06 Fee for Permit 90.17 Operation of Curb Valve and Hydrants
90.07 Compliance with Plumbing Code 90.18 Easement or Right-of-Way – When Necessary
90.08 License Required 90.19 Damage or Injury – Customer’s Liability
90.09 Tapping Mains 90.20 Repairs or Breakage of Equipment – City’s Responsibility
90.10 Responsibility for Water Service Pipe 90.21 Interruption of Service
90.11 Failure to Maintain 90.22 Building or Construction Purposes
90.01 DEFINITIONS. The following terms are defined for use in the chapters in this Code
of Ordinances pertaining to the Water Service System:
1. “Code” means the City’s Plumbing Code as adopted by the City Council.
2. “Combined service account” means a customer service account for the
provision of two or more utility services.
3. “Customer” means, in addition to any person receiving water service from the
City, the owner of the property served, and as between such parties the duties,
responsibilities, liabilities and obligations hereinafter imposed shall be joint and
several.
4. “Superintendent” means the Superintendent of the City water system or any
duly authorized assistant, agent or representative.
5. “Water main” means a water supply pipe provided for public or community
use.
6. “Water service pipe” means the pipe from the water main to the building
served.
7. “Water system” or “water works” means all public facilities for securing,
collecting, storing, pumping, treating, and distributing water.
90.02 SUPERINTENDENT’S DUTIES. The Superintendent shall make such rules, not in
conflict with the provisions of this chapter, as may be needed for the detailed operation of the
water system, subject to the approval of the Council. In the event of an emergency, the
Superintendent may make temporary rules for the protection of the system until due
consideration by the Council may be had.
90.03 MANDATORY CONNECTIONS. The owners of any houses, buildings or

structures used for human occupancy, employment or use, situated within the City and
abutting on any street, alley or right-of-way in which there is located a public water main are
hereby required to connect such facilities to the City’s public water system in accordance with
the provisions of these Water Service chapters within sixty (60) days after the date of official
notice to do so, provided that said public water main is located within one hundred (100) feet
of the property line of such owner.

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CHAPTER 90 WATER SERVICE SYSTEM
1. Upon application, the City may, in its discretion, extend the time period for
the required connection to the City’s public water supply system but said extension
shall not be greater than five (5) years from the date of official notice.
2. Within one (1) year of connecting to the City’s public water supply system,
the owner shall cap or plug any wells in accordance with City, County, and State laws
and regulations.
90.04 ABANDONED CONNECTIONS. When an existing water service is abandoned or

a service is renewed with a new tap in the main, all abandoned connections with the mains
shall be turned off at the corporation stop and made absolutely watertight.
90.05 PERMIT. Before any person makes a connection with the public water system, a
written permit must be obtained from the City. The application for the permit shall include a
legal description of the property, the name of the property owner, the name and address of the
person who will do the work, and the general uses of the water. If the proposed work meets
all the requirements of the Code and if all fees required under this chapter have been paid, the
permit shall be issued. Work under any permit must be completed within sixty (60) days after
the permit is issued, except that when such time period is inequitable or unfair due to
conditions beyond the control of the person making the application, an extension of time
within which to complete the work may be granted. The permit may be revoked at any time
for any violation of the Code.
90.06 FEE FOR PERMIT. Before any permit is issued, the person who makes the
application shall pay to the Clerk the permit fee for each unit to be connected to a water
service line. The City Council shall set the permit fee by resolution, part of which shall be
used to maintain the City’s water distribution and part of which shall cover the cost of issuing
the permit and supervising, regulating, and inspecting the work.
90.07 COMPLIANCE WITH PLUMBING CODE. The installation of any water service
pipe and any connection with the water system shall comply with all pertinent and applicable
provisions, whether regulatory, procedural or enforcement provisions, of the Code.
90.08 LICENSE REQUIRED. All installations of water service pipes and connections to
the City’s water system shall be performed by a licensed sewer and water installer.
90.09 TAPPING MAINS. All taps into water mains shall be made by or under the direct
supervision of the Superintendent and in accord with the following:
1. Independent Services. No more than one house, building, or premises shall be
supplied from one tap unless special written permission is obtained from the
Superintendent and unless provision is made so that each house, building, or premises
may be shut off independently of the other.
2. Sizes and Location of Taps. All mains shall receive no smaller than a one-
inch tap. All taps in the mains shall be made in the top half of the pipe, at least twenty
four (24) inches apart. No main shall be tapped nearer than twenty four (24) inches of
the joint in the main.
3. Corporation Stop. A brass corporation stop, of the pattern and weight
approved by the Superintendent, shall be inserted in every tap in the main. The
corporation stop in the main shall be of the same size as the service pipe.

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4. Location Record. An accurate and dimensional sketch showing the exact

location of the tap shall be filed with the Superintendent in such form as the
Superintendent shall require.
90.10 RESPONSIBILITY FOR WATER SERVICE PIPE. All costs and expenses
incident to the installation, connection, and maintenance of the water service pipe from the
main to the building served shall be borne by the owner. The owner shall indemnify the City
from any loss or damage that may directly or indirectly be occasioned by the installation or
maintenance of said water service pipe.
90.11 FAILURE TO MAINTAIN. When any portion of the water service pipe that is the
responsibility of the property owner becomes defective or creates a nuisance and the owner
fails to correct such nuisance the City may do so and assess the costs thereof to the property.
(Code of Iowa, Sec. 364.12[3a & h])
90.12 CURB VALVE. There shall be installed within the public right-of-way or within a
public easement a main shut-off valve on the water service pipe of a pattern in accordance
with the City’s Design Standards. The shut-off valve shall be constructed to be visible and
even with the pavement or ground.
90.13 INTERIOR VALVE. There shall be installed a shut-off valve on every service pipe
inside the building as close to the entrance of the pipe within the building as possible and so
located that the water can be shut off conveniently. Where one service pipe supplies more
than one customer within the building, there shall be separate valves for each such customer
so that service may be shut off for one without interfering with service to the others.
90.14 INSPECTION AND APPROVAL. All water service pipes and their connections to
the water system must be inspected and approved in writing by the Building Official before
they are covered, and the Building Official shall keep a record of such approvals. Every
person who uses or intends to use the municipal water system shall permit the Building
Official to enter the premises to inspect when appropriate or necessary, in the discretion of the
Building Official.
90.15 COMPLETION BY THE CITY. Should any excavation be left open or only partly
refilled for twenty-four (24) hours after the water service pipe is installed and connected with
the water system, or should the work be improperly done, the City shall have the right to
finish or correct the work, and the Council shall assess the costs to the property owner. If the
property owner is assessed, such assessment may be collected with and in the same manner as
general property taxes.
(Code of Iowa, Sec. 364.12[3a & h])
90.16 SHUTTING OFF WATER SUPPLY. The Superintendent may shut off the supply
of water to any customer because of any violation of the regulations contained in these Water
Service System chapters that is not being contested in good faith. The supply shall not be
turned on again until all violations have been corrected and the Superintendent has ordered the
water to be turned on.
90.17 OPERATION OF CURB VALVE AND HYDRANTS. It is unlawful for any

person except designated City officials, to turn water on at the curb valve, and no person,
unless specifically authorized by the City, shall open or attempt to draw water from any fire
hydrant for any purpose whatsoever.

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90.18 EASEMENT OR RIGHT-OF-WAY - WHEN NECESSARY. Each customer shall

grant or convey, or shall cause to be granted or conveyed, to the City a permanent easement
and right-of-way across any property owned or controlled by the customer wherever the
easement or right-of-way is necessary for the City water facilities and lines, so as to be able to
furnish service to the customer.
90.19 DAMAGE OR INJURY - CUSTOMER'S LIABILITY. If any loss or damage to

the property of the City or any accident or injury to persons or property is caused by or results
from the negligence or wrongful act of the customer, member of the customer's household,
agents or employee, the cost of the necessary repairs or replacements shall be paid by the
customer to the City, and any liability otherwise resulting shall be that of the customer.
90.20 REPAIRS OR BREAKAGE OF EQUIPMENT - CITY'S RESPONSIBILITY.

The City shall in no event be held responsible for claim made against it by reason of the
breaking of any mains or service pipe, or by reason of any other interruption of the supply of
water caused by the breaking of machinery or stoppage for necessary repairs, and no person
shall be entitled to damages nor have any portion of a payment refunded for any interruption
of service which in the opinion of the City may be deemed necessary.
90.21 INTERRUPTION OF SERVICE. The City shall make all reasonable efforts to
eliminate interruption of service, and when such interruptions occur will endeavor to
reestablish service with the shortest possible delay. Whenever the service is interrupted for the
purpose of working on the distribution system or the station equipment, all consumers affected
by such interruption will be notified in advance whenever it is possible to do so.
90.22 BUILDING OR CONSTRUCTION PURPOSES.

1. Water for building or construction purposes will be furnished by meter
measurement, and all water for building or construction purposes, as set forth in the
permit, must pass through one and the same meter.
2. Water so supplied shall be discharged through a hose or pipe directly upon
material to be wet, or into a barrel or other container, and in no case upon the ground
or into or through a ditch or trench, and all use of water by other than the applicant or
use of water for any purpose or upon any premises not so stated or described in the
application must be prevented by the applicant, or water service may be discontinued
without notice.

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CHAPTER 91
WATER METERS
91.01 Purpose 91.06 Meter Costs
91.02 Water Use Metered 91.07 Meter Repairs
91.03 Fire Sprinkler Systems - Exception 91.08 Right of Entry
91.04 Location of Meters 91.09 Meter Testing
91.05 Meter Setting 91.10 Meter Reading Unavailable – Billing Procedure
91.01 PURPOSE. The purpose of this chapter is to encourage the conservation of water
and facilitate the equitable distribution of charges for water service among customers.
91.02 WATER USE METERED. All water furnished customers shall be measured
through meters furnished by the City and installed by a licensed plumber or personnel
authorized by the City.
91.03 FIRE SPRINKLER SYSTEMS – EXCEPTION. Fire sprinkler systems may be

connected to water mains by direct connection without meters.
91.04 LOCATION OF METERS. All meters shall be so located that they are easily
accessible to meter readers and repairmen and protected from freezing. All meters shall be
equipped with a remote reader.
91.05 METER SETTING. The property owner shall provide all necessary piping, fittings,
and wiring for proper setting of the meter including a valve on the discharge side of the meter.
Meter pits may be used only upon approval of the Superintendent and shall be of a design and
construction approved by the Superintendent.
91.06 METER COSTS. The full cost of any meter shall be paid to the City by the property
owner or customer prior to the installation of any such meter by the City.
91.07 METER REPAIRS. Whenever a water meter owned by the City is found to be out
of order the Superintendent shall have it repaired. If it is found that damage to the meter has
occurred due to the carelessness or negligence of the customer or property owner, or the meter
is not owned by the City, then the property owner shall be liable for the cost of repairs.
91.08 RIGHT OF ENTRY. The Superintendent shall be permitted to enter the premises of
any customer at any reasonable time to read, remove, or change a meter.
91.09 METER TESTING. The Superintendent shall make a test of the accuracy of any
water meter at any time when requested in writing. If it is found that such meter overruns, the
cost of the test shall be paid by the City and a refund shall be made to the customer for the
estimated overcharges collected since the last known date of accuracy, but not for a longer
period than 3 months. If the meter is found to be accurate or slow, the user shall pay a testing
charge of $25.00.
91.10 METER READING UNAVAILABLE - BILLING PROCEDURE. Where a meter

has ceased to register, or meter reading could not be obtained, the quantity of water consumed
for billing purpose will be based upon an average of the prior six months consumption, and

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CHAPTER 91 WATER METERS
the conditions of water service prevailing during the period in which the meter failed to
register.

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CHAPTER 92
WATER RATES
92.01 Service Charges 92.07 Lien Notice
92.02 Rates for Service 92.08 Application, Activation Fee and Deposit
92.03 Billing for Water Service 92.09 Temporary Vacancy
92.04 Service Discontinued 92.10 Use by Customer Only
92.05 Lien for Nonpayment 92.11 Application - Cancellation
92.06 Lien Exemption 92.12 Refusal of Service
92.01 SERVICE CHARGES. Each customer shall pay for water service provided by the
City based upon use of water as determined by meters provided for in Chapter 91. Each
location, building, premises or connection shall be considered a separate and distinct customer
whether owned or controlled by the same person or not.
92.02 RATES FOR SERVICE. Water service shall be furnished at the following monthly
rates within the City:
Gallons Used Per Month Rate

First 1,000 gallons $11.44 (minimum bill)
All over 1,000 gallons $4.28 per 1,000 gallons
Service to industrial establishments may be by contract, if the City finds such an arrangement
to be in the best interest of the City.
92.03 BILLING FOR WATER SERVICE. Water service shall be billed as part of a
combined service account, payable in accordance with the following:
1. Bills Issued. The Utility Billing Clerk shall prepare and issue bills for
combined service accounts on the first day of each month.
2. Bills Payable. Bills for combined service accounts shall be due and payable
at the office of the Utility Billing Clerk by the twentieth (20th) day of each month.
3. Late Payment Penalty. Bills not paid when due shall be considered
delinquent. A one-time late payment penalty of ten percent (10%) of the amount due
shall be added to each delinquent bill.
4. Service Discontinuance Notice. Bills not paid before the City provides a
notice of discontinuance of service to the customer, the customer will be assessed a
fifteen dollar ($15.00) penalty, in addition to the 10% late payment penalty. The bill
plus applicable penalties must be paid in full to avoid discontinuance of service.

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CHAPTER 92 WATER RATES
92.04 SERVICE DISCONTINUED. Water service to delinquent customers shall be

discontinued in accordance with the following:
1. The Utility Billing Clerk shall notify each delinquent customer that service
will be discontinued if payment of the combined service account, including late
payment charges, is not received by the date specified in the notice of delinquency.
Such notice shall be sent by ordinary mail or hand-delivered to the customer in whose
name the delinquent charges were incurred and shall inform the customer of the nature
of the delinquency and afford the customer the opportunity for a hearing prior to the
discontinuance.
2. Notice to Landlords. If the customer is a tenant, and if the owner or landlord
of the property or premises has made a written request for notice, the notice of
delinquency shall also be provided to the owner or landlord.
3. Hearing. If a hearing is requested by noon of the day preceding the shutoff,
the City Administrator shall conduct an informal hearing and shall make a
determination as to whether the disconnection is justified. In any case where the
customer can demonstrate exigent circumstances resulting in the inability to make
immediate and full payment of the bill and applicable penalties, the City
Administrator has the discretion to allow water service to continue if the customer
agrees to a payment plan and any other conditions set by the City Administrator.
4. Fee. A fee of thirty-five dollars ($35.00) shall be charged before service is
restored to a delinquent customer. No fee shall be charged for the usual or customary
trips in the regular changes in occupancies of property.
92.05 LIEN FOR NONPAYMENT. The owner of the premises served and any lessee or
tenant thereof shall be jointly and severally liable for water service charges to the premises.
Water service charges remaining unpaid and delinquent shall constitute a lien upon the
premises served and shall be certified by the Clerk to the County Treasurer for collection in
the same manner as property taxes.
92.06 LIEN EXEMPTION. The lien for nonpayment shall not apply to a residential rental
property where water service is separately metered and the rates or charges for the water
service are paid directly to the City by the tenant, if the landlord gives written notice to the
City that the property is residential rental property and that the tenant is liable for the rates or
charges. The City may require a deposit not exceeding the usual cost of ninety (90) days of
water service be paid to the City. The landlord’s written notice shall contain the name of the
tenant responsible for charges, the address of the rental property and the date of occupancy. A
change in tenant shall require a new written notice to be given to the City within thirty (30)
business days of the change in tenant. When the tenant moves from the rental property, the
City shall refund the deposit if the water service charges are paid in full. A change in the
ownership of the residential rental property shall require written notice of such change to be
given to the City within ten business days of the completion of the change of ownership. The
lien exemption does not apply to delinquent charges for repairs to a water service.

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92.07 LIEN NOTICE. A lien for delinquent water service charges shall not be certified to
the County Treasurer unless prior written notice of intent to certify a lien is given to the
customer in whose name the delinquent charges were incurred. If the customer is a tenant and
if the owner or landlord of the property or premises has made a written request for notice, the
notice shall also be given to the owner or landlord. The notice shall be sent to the appropriate
persons by ordinary mail not less than thirty (30) days prior to certification of the lien to the
County Treasurer.
92.08 APPLICATION, ACTIVATION FEE AND DEPOSIT.

1. Application. The property owner or the property owner’s agent, hereinafter
called customer, must make written application for water service at City Hall, and the
application including service received thereunder is unassignable by the customer.
2. Activation Fee. The customer on any new utility billing account shall pay a
nonrefundable activation fee in the amount of $30.00 which shall be charged and
collected on the first utility bill issued to the new account. The activation fee is not
transferable to a different location within the City.
3. Deposit. Prior to the activation of a residential rental account, a commercial
account or an industrial account, the applicant shall make a deposit in the amount set
by the Council, said amount not to exceed the usual cost of ninety days of service.
The deposit shall be applied to any bill for water service delinquent for more than
thirty days. Upon the disconnection of the water service, any balance of such deposit
shall be returned to the applicant without interest.
A. The requirement for a deposit may be waived by the City upon the
applicant (1) submitting proof of making full and timely water and sanitary
sewer utility payments in another jurisdiction for eighteen (18) months prior
to applying for water utility service in the City; and (2) agreeing to make all
future payments by automatic withdrawal.
B. The City may, in its discretion, refund the deposit required by this
section upon the applicant making full and timely water and sanitary sewer
utility payments in the City for eighteen (18) months.
92.09 TEMPORARY VACANCY. A property owner may request water service be

temporarily discontinued and shut off at the curb valve when the property is expected to be
vacant for an extended period of time. There shall be a thirty-five dollar ($35.00) fee collected
for shutting the water off at the curb valve. During a period when service is temporarily
discontinued as provided herein, there shall be no minimum service charge. The City will not
drain pipes or pull meters for temporary vacancies. Only the City may reconnect the water
service and will do so within a minimum of seventy two (72) hours notice from the property
owner.
92.10 USE BY CUSTOMER ONLY. Water furnished by the City may only be used for
domestic consumption by the customer, members of the household, and employees only. The
customer shall not sell the water to any other person without prior written approval of the City.
92.11 APPLICATION – CANCELLATION. Application may be cancelled and/or water

service discontinued by the City for any violation of any rule, regulation, or condition of
service, and especially for any of the following reasons:

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1. Misrepresentation in the application as to the property or fixtures to be

supplied or use to be made of water;
2. Failure to report to the City addition to the property or fixtures to the supplies,
or additional use to be made of water;
3. Resale or giving away of water;
4. Waste or misuse of water due to improper or imperfect service pipes, and/or
fixtures, or failure to keep same in suitable state of repair;
5. Tampering with meter, meter seal, service, or valves, or permitting such
tampering by others;
6. Connection, cross-connection, or permitting same, of any separate water
supply to premises which receive water from the city;
7. Nonpayment of bills.
92.12 REFUSAL OF SERVICE. The City may refuse service to persons, not presently
customers, when in the opinion of the City the capacity of the facilities will not permit such
service.

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CHAPTER 93
PRIVATE WELLS AND WATER SYSTEMS

93.01 Required Conditions 93.05 Nonrenewal of Permit
93.02 Registration Required for Existing Wells 93.06 Health and Safety Standards
93.03 Permit Required for New Wells 93.07 Fees
93.04 Annual Testing 93.08 Termination of Private Wells and Water Systems
93.01 REQUIRED CONDITIONS. Except as hereinafter provided, private wells and

water systems shall not be maintained by any individual or property owner, nor shall any new
wells be established within the City limits. Private wells and water systems shall be allowed
only as set forth herein:
1. If no part of a tract of ground on which a private well or water system is
proposed is within 100 feet of a City water main.
2. If the property owner or individual applying for a private well permit can
show that denying the permit and not allowing the private well or water system will
cause the individual or property owner undue hardship. Undue hardship in this case
means that the particular tract of land is so topographically situated that connection to
the City water main system would be unfeasible and that the particular conditions
causing the unfeasibility of the connection are in no way caused or contributed to by
the property owner or permit applicant. The Council shall rule on all questions of
undue hardship and their decision shall be final.
3. Under certain circumstances a shallow well, sometimes known as a sand
point, may be authorized by the Council, upon the applicant’s entering into an
agreement with the City which states that under no circumstances will the well be
used for furnishing a potable water supply, that no connections to any property
owner’s house will be allowed, and that the well shall be used only for limited
purposes.
93.02 REGISTRATION REQUIRED FOR EXISTING WELLS. The owner of any well
existing at the time of the adoption of the ordinance codified in this chapter is required to have
the well registered with the City Clerk. The registration shall set forth the location of the well,
the property owner who owns the well, and the number of individuals and description of
properties that are using the well. Owners of existing private wells or water systems in the
City must apply for and be granted a private well permit.
93.03 PERMIT REQUIRED FOR NEW WELLS. All individuals who desire to
construct or maintain a new private well or water system in the City shall first make
application to the City Clerk for a private well permit. The Council shall establish the
contents of the permit application by resolution.
93.04 ANNUAL TESTING. All wells, including existing wells and future wells, shall be
tested annually, and results of those tests shall be furnished to the City Clerk. An individual
well owner may have a sample of the water taken to the nearest place for testing, and a copy
of that test shall be placed with the City Clerk. All annual tests shall be taken and completed
during the month of September of each and every year, but shall in any event be filed with the
Clerk on or before October 1 of each and every year. If any owner of a well fails to comply

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CHAPTER 93 PRIVATE WELLS AND WATER SYSTEMS
with this annual requirement, the City Clerk shall send notice to said owner advising that
within 15 days after receipt of notice, if the well is not properly tested, the City will have the
well declared abandoned, and the owner will no longer be able to use the same. Any owner of
a well who receives a test that indicates that there is not potable water has a duty and an
obligation to immediately advise the City to take steps to terminate the use of that well, and if
the situation cannot be corrected, the well shall be abandoned forthwith.
93.05 NONRENEWAL OF PERMIT. In the event that any private well or water system
does not meet the health and safety regulations set forth herein, or if the owner fails to obtain
annually a test of the well, then the permit required under this chapter shall expire, and the
owner of the well or system shall immediately stop using the well, until such time as the
health standards are met and the problem corrected. In the event that the owner fails to make
such corrections, the well shall be deemed abandoned and the well owner is required to take
such action to make sure that the well is not used. If any existing well or water system is not
used for a six-month period, or if the private well or water system does not meet the health and
safety regulations set forth herein, then, at the expiration of the current private well permit for
the premises, the permit shall not be renewed unless all provisions of this chapter are complied
with.
93.06 HEALTH AND SAFETY STANDARDS. All private wells and water systems for
which permits are granted shall meet the minimum health and safety standards as set forth by
the appropriate County and State health officials. In addition, all permit holders shall grant to
the appropriate City official the right to inspect and test the private well and water system
maintained upon the permit holder’s property. Should the private well or water system so
inspected not meet minimum County or State health or safety standards for a continuous
period of six months, the private well permit shall be required to make connection to the
City’s water system under the terms of this Code of Ordinances.
93.07 FEES.
1. There is no charge for the initial registration and annual renewal of well
permits in the City. In the event that a property owner fails to have the well tested, as
well as obtaining a permit, as required under this chapter, then the costs of testing will
be charged in addition to a penalty of $25.00 for City staff time in making the well
inspection.
2. Any individual desiring to install a new well in the City (where allowed) shall
make application to the City Clerk and, prior to the start of construction, shall pay the
following permit fees:
A. For a new sand point (or shallow well), a fee of $25.00 for the cost of
inspection of the well shall be payable. In addition, if the owner fails to
advise the City of the usage, then the same shall be terminated forthwith and
no permit shall be issued.
B. For a permit for a new well to be used for a supply of a potable water
the owner shall pay the sum of $50.00 and in addition shall furnish to the City
Clerk a certificate from a State-authorized laboratory that a State
bacteriological test had been made on the water, and the water supply is
potable.
C. All said fees shall be paid to the City Clerk at the time the application
is made for the well, and no permit for usage of the well shall be issued until
such time as the well has been properly inspected and, in the case of a potable

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water supply requirements, tested and approved test results submitted to the
City Clerk.
93.08 TERMINATION OF PRIVATE WELLS AND WATER SYSTEMS. When any

private well or water system is no longer being used, either because of the quality of the water
or because all individuals have connected to the City water system, the owner of the property
on which the well or water system is located shall cause all service mains to be cut off from
the well and the well itself abandoned in such a manner as to preclude its use, all according to
the standards and guidelines under the laws and regulations of the Iowa Department of Natural
Resources.

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°°°°°°°°°°

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CHAPTER 94
WATER RATIONING
94.01 Water Shortage; Implementation of Control 94.05 Adjustment of Premium Rate Charges
94.02 Base Allocation 94.06 Prohibited and Restricted Water Uses
94.03 Appeal and Adjustment of the Base Allocation 94.07 Violation; Penalty
94.04 Premium Rate for Excess Consumption
94.01 WATER SHORTAGE; IMPLEMENTATION OF CONTROL. From time to

time, during and following drought conditions, the aquifers which supply the water to the
North Liberty municipal water utility may become significantly and seriously depleted so that
there will not then be a sufficient supply of water to meet all customary and usual demands
indefinitely. Under those conditions the Council may find and declare by resolution a public
emergency water shortage, during which time the following measures and provisions shall be
in effect to produce an orderly and suitable curtailment of water consumption and shall be
implemented as follows:
1. When the Council has been notified either by the Superintendent or by the
City Engineer that from an examination of City water supplies it appears that the City
would be entering a critical period, the Council shall direct the City Clerk to send a
notice to all customers of the water system of the City containing a warning as to the
condition of the water supply and advising of the possibility that rationing measures
may have to be implemented and that if the critical condition exists, an additional
notice will be sent to all customers requesting that they voluntarily conserve water
usage in order to protect the City’s water supply.
2. In the event that the municipal water supply reaches the point that it becomes
critical and the Council is so advised, the Council shall immediately, by special
meeting if necessary, adopt a resolution establishing that the procedures outlined in
this chapter shall become immediately effective. Notice of said resolution and of this
chapter shall immediately be sent to all customers and notice shall also be given by
use of the media operating in the City. Upon the adoption of said resolution by the
Council, the Superintendent shall also be fully prepared to establish a base allocation
for each water customer of the City and notification shall be given of the allocation of
water usage for that particular customer’s office, business or residence, and the said
customer shall have 30 days from the date of the notice to appeal the base allocation.
Said appeal shall be taken by filing a notice of objection with the City Clerk’s office
at the City Hall.
3. Either the Superintendent or the City Engineer shall, upon determining that a
water emergency no longer exists, or that the critical period has passed, so notify the
Council and the Council shall by resolution cause the implementation of controls to be
terminated. Notice of the termination shall be given to each customer.
94.02 BASE ALLOCATION. The base allocation of water for each customer shall be
determined by taking the usage for the period commencing November 1 through March 31 of
each winter period and from that base, determining the average monthly usage for said
customer.

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CHAPTER 94 WATER RATIONING
94.03 APPEAL AND ADJUSTMENT OF THE BASE ALLOCATION. Any customer

may file an appeal with the Superintendent to adjust the base allocation amount. The
Superintendent may grant an adjustment to the customer appealing based on the following
criteria:
1. For single-family residential use, the base allocation may be increased to
1,500 gallons per person per billing period for all individuals residing at the
applicant’s residence for a period of more than 30 days.
2. For commercial, industrial, institutional, or other residential use, the base
allocation may be increased based on factors appropriate to the individual customer,
such as the average of the water billed during the previous winter (November 1
through March 31) and production, service, occupancy data provided by the customer.
94.04 PREMIUM RATE FOR EXCESS CONSUMPTION. In addition to the water rates
duly enacted by the Council, all customers shall pay a premium rate of one cent per gallon of
water consumed in excess of the base allocation established pursuant to Section 94.02.
94.05 ADJUSTMENT OF PREMIUM RATE CHARGES. Any customer may file for
adjustment of premium rate charges with the Superintendent. The Superintendent may grant
an adjustment of the premium rate charges in accordance with the following criteria:
1. The cause of the high consumption was mechanical in nature (such as broken
or leaky pipes or fixtures) rather than human carelessness.
2. The customer shall furnish proof that the mechanical failure was repaired
promptly. This should be in the form of a repair invoice or statement or a materials
receipt.
3. The adjustment shall be granted only for the billing period prior to the
correction of the failure.
4. For those accounts granted an adjustment of the premium rate, the charge will
be $5.00 plus normal rate.
94.06 PROHIBITED AND RESTRICTED WATER USES. During the period of any
designated emergency under the terms of this chapter, no person shall use the potable process
water of the City’s water treatment plant for the following purposes:
1. No outdoor watering or irrigation in any way whatsoever;
2. No car washing allowed within the City limits;
3. No water used to fill private swimming pools, children’s wading pools,
reflecting pools, or any other outdoor pool or pond of any kind or description
whatsoever;
Provided however, water reclaimed or recycled after some other primary use, such as water
that has been used for washing, may be used without restriction. Additionally, water derived
from sources other than City’s municipal water utility, such as water condensed from the
atmosphere by air conditioners or sump pumps or collected from rain or snow, may be used
without restriction.
94.07 VIOLATION; PENALTY. Any person who, in making application to the

Superintendent for adjustment of the base allocation or premium charges, intentionally
provides false or incorrect statements or information shall automatically have his or her

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request denied and shall additionally be liable to a penalty of $25.00 for the first offense and a
penalty of $100.00 for the next and each succeeding or additional violation. In the event that
any customer violates any section of this chapter, the customer shall be given notice thereof
and the opportunity for a hearing within ten days after the notice, which hearing shall be held
before the Council. If, after having said hearing it is determined by the Council that said
individual or corporation so charged has violated this chapter, then the Superintendent is
authorized to reduce the flow of water and service to such customer and if the violation is
flagrant, to stop service to said customer when it has been determined that the customer is
using water in a manner not in accordance with this chapter.

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CHAPTER 95
SANITARY SEWER SYSTEM

95.01 Purpose 95.06 Service Outside the City
95.02 Definitions 95.07 Right of Entry
95.03 Superintendent 95.08 Use of Easements
95.04 Prohibited Acts 95.09 Special Penalties
95.05 Sewer Connection Required
95.01 PURPOSE. The purpose of the chapters of this Code of Ordinances pertaining to
Sanitary Sewers is to establish rules and regulations governing the treatment and disposal of
sanitary sewage within the City in order to protect the public health, safety, and welfare.
95.02 DEFINITIONS. For use in these chapters, unless the context specifically indicates
otherwise, the following terms are defined:
1. “B.O.D.” (denoting Biochemical Oxygen Demand) means the quantity of
oxygen utilized in the biochemical oxidation of organic matter under standard
laboratory procedure in five (5) days at twenty degrees (20º) C, expressed in
milligrams per liter or parts per million.
2. “Building drain” means that part of the lowest piping of a drainage system
that receives the discharge from soil, waste, and other drainage pipes inside and that
extends 30 inches (762 mm) in developed length of pipe beyond the exterior walls of
the building and conveys the drainage to the building sewer.
3. “Building sewer” means that part of the drainage system that extends from the
end of the building drain and conveys the discharge to a public sewer, private sewer,
individual sewage disposal system or other point of disposal.
4. “Customer” means any person responsible for the production of domestic,
commercial, or industrial waste which is directly or indirectly discharged into the
public sewer system.
5. “Garbage” means solid wastes from the domestic and commercial
preparation, cooking and dispensing of food, and from the handling, storage, and sale
of produce.
6. “Industrial wastes” means the liquid wastes from industrial manufacturing
processes, trade, or business as distinct from sanitary sewage.
7. “Inspector” means the person duly authorized by the Council to inspect and
approve the installation of building sewers and their connections to the public sewer
system; and to inspect such sewage as may be discharged therefrom.
8. “Natural outlet” means any outlet into a watercourse, pond, ditch, lake, or
other body of surface or groundwater.
9. “On-site wastewater treatment and disposal system” means all equipment and
devices necessary for proper conduction, collection, storage, treatment, and disposal
of wastewater from four or fewer dwelling units or other facilities serving the
equivalent of fifteen persons (1500 gpd) or less.

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CHAPTER 95 SANITARY SEWER SYSTEM
10. “pH” means the logarithm of the reciprocal of the weight of hydrogen ions in
grams per liter of solution.
11. “Public sewer” means a sewer in which all owners of abutting properties have
equal rights, and is controlled by public authority.
12. “Sanitary sewage” means sewage discharging from the sanitary conveniences
of dwellings (including apartment houses and hotels), office buildings, factories, or
institutions, and free from storm, surface water, and industrial waste.
13. “Sanitary sewer” means a sewer which carries sewage and to which storm,
surface, and ground waters are not intentionally admitted.
14. “Sewage” means a combination of the water-carried wastes from residences,
business buildings, institutions, and industrial establishments, together with such
ground, surface, and storm waters as may be present.
15. “Sewage treatment plant” means any arrangement of devices and structures
used for treating sewage.
16. “Sewage works” or “sewage system” means all facilities for collecting,
pumping, treating, and disposing of sewage.
17. “Sewer” means a pipe or conduit for carrying sewage.
18. “Sewer service charges” means any and all charges, rates or fees levied
against and payable by customers, as consideration for the servicing of said customers
by said sewer system.
19. “Slug” means any discharge of water, sewage, or industrial waste which in
concentration of any given constituent or in quantity of flow exceeds for any period of
duration longer than fifteen (15) minutes more than five (5) times the average 24-hour
concentration or flows during normal operation.
20. “Storm drain” or “storm sewer” means a sewer which carries storm and
surface waters and drainage but excludes sewage and industrial wastes, other than
unpolluted cooling water.
21. “Superintendent” means the Superintendent of sewage works and/or of water
pollution control of the City or any authorized deputy, agent, or representative.
22. “Suspended solids” means solids that either float on the surface of, or are in
suspension in water, sewage, or other liquids, and which are removable by laboratory
filtering.
23. “Watercourse” means a channel in which a flow of water occurs, either
continuously or intermittently.
95.03 SUPERINTENDENT. The Superintendent shall exercise the following powers and
duties:
1. Operation and Maintenance. Operate and maintain the City sewage system.
2. Inspection and Tests. Conduct necessary inspections and tests to assure
compliance with the provisions of these Sanitary Sewer chapters.
3. Records. Maintain a complete and accurate record of all sewers, sewage
connections and manholes constructed showing the location and grades thereof.

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95.04 PROHIBITED ACTS. No person shall do, or allow, any of the following:
1. Damage Sewer System. Maliciously, willfully, or negligently break, damage,
destroy, uncover, deface, or tamper with any structure, appurtenance or equipment
which is a part of the sewer system.
2. Surface Run-off or Groundwater. Connect a roof downspout, sump pump,
exterior foundation drain, areaway drain, or other source of surface run-off or
groundwater to a building sewer or building drain which in turn is connected directly
or indirectly to a public sanitary sewer.
3. Manholes. Open or enter any manhole of the sewer system, except by
authority of the Superintendent.
4. Objectionable Wastes. Place or deposit in any unsanitary manner on public or
private property within the City, or in any area under the jurisdiction of the City, any
human or animal excrement, garbage, or other objectionable waste.
5. Septic Tanks. Construct or maintain any privy, privy vault, septic tank,
cesspool, or other facility intended or used for the disposal of sewage except as
provided in these chapters.
(Code of Iowa, Sec. 364.12[3f])
6. Untreated Discharge. Discharge to any natural outlet within the City, or in
any area under its jurisdiction, any sanitary sewage, industrial wastes, or other
polluted waters, except where suitable treatment has been provided in accordance with
subsequent provisions of these chapters.
95.05 SEWER CONNECTION REQUIRED. The owners of any houses, buildings, or

properties used for human occupancy, employment, recreation or other purposes, situated
within the City and abutting on any street, alley or right-of-way in which there is now located,
or may in the future be located, a public sanitary, are hereby required to install, at such
owner’s expense, suitable toilet facilities therein and a building sewer connecting such
facilities directly with the proper public sewer, and to maintain the same all in accordance
with the provisions of these Sanitary Sewer chapters, such compliance to be completed within
sixty (60) days after date of official notice from the City to do so provided that said public
sewer is located within one hundred (100) feet of the property line of such owner and is of
such design as to receive and convey by gravity such sewage as may be conveyed to it.
Billing for sanitary sewer service will begin the date of official notice to connect to the public
sewer.
(IAC, 567-69.1[3])
95.06 SERVICE OUTSIDE THE CITY. The owners of property outside the corporate
limits of the City so situated that it may be served by the City sewer system may apply to the
Council for permission to connect to the public sewer upon the terms and conditions stipulated
by resolution of the Council.
(Code of Iowa, Sec. 364.4[2 & 3])
95.07 RIGHT OF ENTRY. The Superintendent and other duly authorized employees of
the City bearing proper credentials and identification shall be permitted to enter all properties
for the purposes of inspection, observation, measurement, sampling and testing in accordance

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with the provisions of these Sanitary Sewer chapters. The Superintendent or representatives
shall have no authority to inquire into any processes including metallurgical, chemical, oil,
refining, ceramic, paper, or other industries beyond that point having a direct bearing on the
kind and source of discharge to the sewers or waterways or facilities for waste treatment.
95.08 USE OF EASEMENTS. The Superintendent and other duly authorized employees
of the City bearing proper credentials and identification shall be permitted to enter all private
properties through which the City holds a duly negotiated easement for the purposes of, but
not limited to, inspection, observation, measurement, sampling, repair, and maintenance of
any portion of the sewage works lying within said easement. All entry and subsequent work,
if any, on said easement, shall be done in full accordance with the terms of the duly negotiated
easement pertaining to the private property involved.
95.09 SPECIAL PENALTIES. The following special penalty provisions shall apply to
violations of these Sanitary Sewer chapters:
1. Notice of Violation. Any person found to be violating any provision of these
chapters except subsections 1, 3, and 4 of Section 95.04, shall be served by the City
with written notice stating the nature of the violation and providing a reasonable time
limit for the satisfactory correction thereof. The offender shall, within the period of
time stated in such notice, permanently cease all violations.
2. Continuing Violations. Any person who shall continue any violation beyond
the time limit provided for in subsection 1 hereof shall be in violation of this Code of
Ordinances. Each day in which any such violation shall continue shall be deemed a
separate offense.
3. Liability Imposed. Any person violating any of the provisions of these
chapters shall become liable to the City for any expense, loss, or damage occasioned
the City by reason of such violation.

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CHAPTER 96
BUILDING SEWERS AND CONNECTIONS

96.01 Permit 96.06 Excavations
96.02 Permit Fee 96.07 Inspection Required
96.03 License Required 96.08 Property Owner’s Responsibility
96.04 Connection Requirements 96.09 Abatement of Violations
96.05 Sewer Tap
96.01 PERMIT. No unauthorized person shall uncover, make any connection with or
opening into, use, alter or disturb any public sewer or appurtenance thereof without first
obtaining a written permit from the City. The application for the permit shall set forth the
location and description of the property to be connected with the sewer system and the
purpose for which the sewer is to be used, and shall be supplemented by any plans,
specifications, or other information considered pertinent. The permit shall require the owner
to complete construction and connection of the building sewer to the public sewer within sixty
(60) days after the issuance of the permit, except that when a property owner makes sufficient
showing that due to conditions beyond the owner’s control or peculiar hardship, such time
period is inequitable or unfair, an extension of time within which to comply with the
provisions herein may be granted. Any sewer connection permit may be revoked at any time
for a violation of these chapters.
96.02 PERMIT FEE. The person who makes the application shall pay a fee in the amount
of $175.00 to the Clerk to cover the cost of issuing the permit and supervising, regulating, and
inspecting the work.
96.03 LICENSE REQUIRED. All installations of building sewers and connections to the
public sewer shall be performed by a licensed sewer and water installer.
96.04 CONNECTION REQUIREMENTS. The installation of the building sewer and its
connection to the public sewer shall conform to the requirements of the City’s Plumbing
Code, the laws of the State and other applicable rules and regulations of the City.
96.05 SEWER TAP. Connection of the building sewer into the public sewer shall be made
at the “Y” branch, if such branch is available at a suitable location. If no properly located “Y”
branch is available, a saddle “Y” shall be installed at the location specified by the
Superintendent. The public sewer shall be tapped with a tapping machine and a saddle
appropriate to the type of public sewer shall be glued or attached with a gasket and stainless
steel clamps to the sewer. At no time shall a building sewer be constructed so as to enter a
manhole unless special written permission is received from the Superintendent and in
accordance with the Superintendent’s direction if such connection is approved.
96.06 EXCAVATIONS. All trench work, excavation, and backfilling required in making a
connection shall be performed in accordance with the provisions of the City’s Plumbing Code
and the provisions of Chapter 135 of this Code of Ordinances.
96.07 INSPECTION REQUIRED. No building sewer shall be covered, concealed or put

into use until it has been tested, inspected and accepted as prescribed in the City’s Plumbing
Code.

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CHAPTER 96 BUILDING SEWERS AND CONNECTIONS
96.08 PROPERTY OWNER’S RESPONSIBILITY. All costs and expenses incident to

the installation, connection and maintenance of the building sewer shall be borne by the
owner. The owner shall indemnify the City from any loss or damage that may directly or
indirectly be occasioned by the installation of the building sewer.
96.09 ABATEMENT OF VIOLATIONS. Building sewers, whether located upon the

private property of any owner or in the public right-of-way, which are constructed or
maintained in violation of any of the requirements of this chapter shall be deemed a nuisance
and the same shall be abated by the City in the manner provided for the abatement of
nuisances.

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CHAPTER 97
USE OF PUBLIC SEWERS

97.01 Storm Water 97.06 Special Facilities
97.02 Surface Waters Exception 97.07 Control Manholes
97.03 Prohibited Discharges 97.08 Testing of Wastes
97.04 Restricted Discharges 97.09 Enhanced Oil/Grease Separators
97.05 Restricted Discharges - Powers
97.01 STORM WATER. No person shall discharge or cause to be discharged any storm
water, surface water, groundwater, roof run-off, sub-surface drainage, uncontaminated cooling
water, or unpolluted industrial process waters to any sanitary sewer. Storm water and all other
unpolluted drainage shall be discharged to such sewers as are specifically designated as storm
sewers or to a natural outlet approved by the Superintendent. Industrial cooling water or
unpolluted process waters may be discharged on approval of the Superintendent, to a storm
sewer or natural outlet.
97.02 SURFACE WATERS EXCEPTION. Special permits for discharging surface

waters to a public sanitary sewer may be issued by the Council upon recommendation of the
Superintendent where such discharge is deemed necessary or advisable for purposes of
flushing, but any permit so issued shall be subject to revocation at any time when deemed to
the best interests of the sewer system.
97.03 PROHIBITED DISCHARGES. No person shall discharge or cause to be

discharged any of the following described waters or wastes to any public sewers:
1. Flammable or Explosive Material. Any gasoline, benzene, naphtha, fuel oil,
or other flammable or explosive liquid, solid, or gas.
2. Toxic or Poisonous Materials. Any waters or wastes containing toxic or
poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction
with other wastes, to injure or interfere with any sewage treatment process, constitute
a hazard to humans or animals, create a public nuisance, or create any hazard in the
receiving waters of the sewage treatment plant, including but not limited to cyanides
in excess of two (2) milligrams per liter as CN in the wastes as discharged to the
public sewer.
3. Corrosive Wastes. Any waters or wastes having a pH lower than 5.5 or
having any other corrosive property capable of causing damage or hazard to
structures, equipment, and personnel of the sewage works.
4. Solid or Viscous Substances. Solid or viscous substances in quantities or of
such size capable of causing obstruction to the flow in sewers, or other interference
with the proper operation of the sewage works such as, but not limited to, ashes,
cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood,
unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper
dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
5. Excessive B.O.D., Solids or Flow. Any waters or wastes having (a) a five-
day biochemical oxygen demand greater than 213 parts per million by weight, or (b)
containing more than 235 parts per million by weight of suspended solids, or (c)

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CHAPTER 97 USE OF PUBLIC SEWERS
having an ammonia nitrogen level greater than 30 mg/l, or (d) having a sulfate level
greater than 200 mg/l, or (e) having an average daily flow greater than two percent of
the average sewage flow of the City, shall be subject to the review of the
Superintendent. Where necessary in the opinion of the Superintendent, the owner
shall provide, at the owner’s expense, such preliminary treatment as may be necessary
to (a) reduce the biochemical oxygen demand to 213 parts per million by weight, or
(b) reduce the suspended solids to 235 parts per million by weight, or (c) reduce the
ammonia nitrogen level to 30 mg/l, (d) or reduce the sulfate level to 200 mg/l, or (e)
control the quantities and rates of discharge of such waters or wastes. Plans,
specifications, and any other pertinent information relating to proposed preliminary
treatment facilities shall be submitted for the approval of the Superintendent and no
construction of such facilities shall be commenced until said approvals are obtained in
writing.
97.04 RESTRICTED DISCHARGES. No person shall discharge or cause to be

discharged the following described substances, materials, waters, or wastes if it appears likely
in the opinion of the Superintendent that such wastes can harm either the sewers, sewage
treatment process, or equipment, have an adverse effect on the receiving stream or can
otherwise endanger life, limb, public property, or constitute a nuisance. In forming an opinion
as to the acceptability of these wastes, the Superintendent will give consideration to such
factors as the quantities of subject wastes in relation to flows and velocities in the sewers,
materials of construction of the sewers, nature of the sewage treatment process, capacity of the
sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and
other pertinent factors. The substances restricted are:
1. High Temperature. Any liquid or vapor having a temperature higher than one
hundred fifty degrees (150º) F (65º C).
2. Fat, Oil, Grease. Any water or waste containing fats, wax, grease or oils,
whether emulsified or not, in excess of 100 milligrams per liter or 600 milligrams per
liter of dispersed or other soluble matter.
3. Viscous Substances. Water or wastes containing substances which may
solidify or become viscous at temperatures between 32º F and 150º F (0º to 65º C).
4. Garbage. Any garbage that has not been properly shredded, that is, to such a
degree that all particles will be carried freely under the flow conditions normally
prevailing in public sewers, with no particle greater than one-half (½) inch in any
dimension.
5. Acids. Any waters or wastes containing strong acid iron pickling wastes, or
concentrated plating solution whether neutralized or not.
6. Toxic or Objectionable Wastes. Any waters or wastes containing iron,
chromium, copper, zinc, and similar objectionable metals or toxic substances; or
wastes exerting an excessive chlorine requirement, to such degree that any such
material received in the composite sewage at the sewage treatment works exceeds the
limits established by the Superintendent for such materials.
7. Odor or Taste. Any waters or wastes containing phenols or other taste or odor
producing substances, in such concentrations exceeding limits which may be
established by the Superintendent as necessary, after treatment of the composite
sewage, to meet the requirements of State, Federal, or other public agencies of
jurisdiction for such discharge to the receiving waters.

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8. Radioactive Wastes. Any radioactive wastes or isotopes of such half-life or

concentration as may exceed limits established by the Superintendent in compliance
with applicable State or Federal regulations.
9. Excess Alkalinity. Any waters or wastes having a pH in excess of 9.5.
10. Unusual Wastes. Materials which exert or cause:
A. Unusual concentrations of inert suspended solids (such as, but not
limited to, Fullers earth, lime slurries, and lime residues) or of dissolved
solids (such as, but not limited to, sodium chloride and sodium sulfate).
B. Excessive discoloration (such as, but not limited to dye wastes and
vegetable tanning solutions).
C. Unusual B.O.D., chemical oxygen demand, ammonia nitrogen, sulfate
or chlorine requirements in such quantities as to constitute a significant load
on the sewage treatment works.
D. Unusual volume of flow or concentration of wastes constituting
“slugs” as defined herein.
11. Noxious or Malodorous Gases. Any noxious or malodorous gas or other
substance which either singly or by interaction with other wastes is capable of creating
a public nuisance or hazard to life or of preventing entry into sewers for their
maintenance and repair.
12. Damaging Substances. Any waters, wastes, materials or substances which
react with water or wastes in the sewer system to release noxious gases, develop color
of undesirable intensity, form suspended solids in objectionable concentration or
create any other condition deleterious to structures and treatment processes.
13. Untreatable Wastes. Waters or wastes containing substances which are not
amenable to treatment or reduction by the sewage treatment processes employed, or
are amenable to treatment only to such degree that the sewage treatment plant effluent
cannot meet the requirements of other agencies having jurisdiction over discharge to
the receiving waters.
97.05 RESTRICTED DISCHARGES – POWERS. If any waters or wastes are

discharged, or are proposed to be discharged to the public sewers, which waters contain the
substances or possess the characteristics enumerated in Section 97.04 and which in the
judgment of the Superintendent may have a deleterious effect upon the sewage works,
processes, equipment, or receiving waters, or which otherwise create a hazard to life or
constitute a public nuisance, the Superintendent may:
1. Rejection. Reject the wastes by requiring disconnection from the public
sewage system;
2. Pretreatment. Require pretreatment to an acceptable condition for discharge
to the public sewers;
3. Controls Imposed. Require control over the quantities and rates of discharge;
and/or
4. Special Charges. Require payment to cover the added cost of handling and
treating the wastes not covered by existing taxes or sewer charges under the
provisions of Chapter 99.

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97.06 SPECIAL FACILITIES. If the Superintendent permits the pretreatment or

equalization of waste flows, the design and installation of the plants and equipment shall be
subject to the review and approval of the Superintendent and subject to the requirements of all
applicable codes, ordinances, and laws. Where preliminary treatment or flow-equalizing
facilities are provided for any waters or wastes, they shall be maintained continuously in
satisfactory and effective operation by the owner at the owner’s expense.
97.07 CONTROL MANHOLES. When required by the Superintendent, the owner of any
property serviced by a building sewer carrying industrial wastes shall install a suitable control
manhole together with such necessary meters and other appurtenances in the building sewer to
facilitate observation, sampling, and measurement of the wastes. Such manhole, when
required, shall be accessibly and safely located, and shall be constructed in accordance with
plans approved by the Superintendent. The manhole shall be installed by the owner at the
owner’s expense, and shall be maintained by the owner so as to be safe and accessible at all
times.
97.08 TESTING OF WASTES. All measurements, tests, and analyses of the

characteristics of waters and wastes to which reference is made in this chapter shall be
determined in accordance with the latest edition of Standard Methods for the Examination of
Water and Wastewater, published by the American Public Health Association, and shall be
determined at the control manhole provided, or upon suitable samples taken at said control
manhole. In the event that no special manhole has been required, the control manhole shall be
considered to be the nearest downstream manhole in the public sewer to the point at which the
building sewer is connected. Sampling shall be carried out by customarily accepted methods
to reflect the effect of constituents upon the sewage works and to determine the existence of
hazards to life, limb, and property. (The particular analyses involved will determine whether a
24-hour composite of all outfalls of a premises is appropriate or whether a grab sample or
samples should be taken. Normally, but not always, B.O.D., ammonia nitrogen, sulfate, and
suspended solids analyses are obtained from 24-hour composites of all outfalls whereas pH’s
are determined from periodic grab samples).
97.09 ENHANCED OIL/GREASE SEPARATORS. New businesses, with increased

potential for significant oil and/or grease discharge, connecting to the public sanitary sewer
system may be required to install and maintain enhanced oil/grease separators in accordance
with the following:
1. Specifications for Enhanced New Oil/Grease Separators.
A. The oil/grease separator must be a Freytech Ecoline B Enhanced
Coalescing Oil Water Separator or an equivalent system approved by the City.
The unit shall be designed by a licensed engineer with design and calculations
approved by the City. The underground vault/storage unit shall be made of
concrete and designed per Freytech specifications. The design of the
underground storage unit shall be approved by the City.
B. Final construction of the storage unit and installation of the separator
shall be approved by the City prior to any waste entering the sanitary sewer
system.
C. The discharge line of the separator shall have a locking valve box and
a resilient wedge plug valve that meets the City’s Plumbing Code
specifications, to be located in the City right-of-way.

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2. Operation and Maintenance. The owner of the separator shall follow the
operation and maintenance procedures of the unit and the written maintenance
procedures provided by the City. The following maintenance procedure is to be
included in all agreements to install new oil/grease separators for new connections to
the public sanitary sewer system and will be effective once the separator/grease trap is
operational and will remain in effect unless this procedure is modified by the City.
A. During the first four weeks of operation, the separator/trap shall be
inspected weekly. A written report of each week’s inspection shall be
documented on the City’s fats, oil, and grease (FOG) report form provided,
and sent to the Superintendent within two weeks of the first month of
operation.
B. Following the first month of operation, the separator/trap shall be
inspected on a monthly basis at a minimum. The date inspected, filter status
(oil/water separator), condition of the separator/trap, and the inspector of the
unit shall be documented on the City’s FOG report form provided. A record
of all inspections and actions will be kept and a report will be provided to the
Superintendent once every three months.
C. After a determination has been made of the required frequency for
cleaning of the contents of the separator/trap, the owner shall provide the
name and phone number of the company that is hired to clean out and haul the
contents of the separator/trap. This information will be included on the FOG
report submitted every three months.
D. The City may inspect and sample the separator/trap without notice at
any time.
E. If inspection of the separator/trap finds the unit to be in a
nonfunctioning state of operation, the City has the right to shut down the
discharge until the unit is in a satisfactory condition as determined by the
City.

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°°°°°°°°°°

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CHAPTER 98
ON-SITE WASTEWATER SYSTEMS

98.01 When Prohibited 98.05 Discharge Restrictions
98.02 When Required 98.06 Maintenance of System
98.03 Compliance with Regulations 98.07 Systems Abandoned
98.04 Permit Required 98.08 Disposal of Septage
98.01 WHEN PROHIBITED. Except as otherwise provided in this chapter, it is unlawful

to construct or maintain any on-site wastewater treatment and disposal system or other facility
intended or used for the disposal of sewage.
98.02 WHEN REQUIRED. When a public sanitary sewer is not available under the
provisions of Section 95.05, every building wherein persons reside, congregate or are
employed shall be provided with an approved on-site wastewater treatment and disposal
system complying with the provisions of this chapter.
(IAC, 567-69.1[3])
98.03 COMPLIANCE WITH REGULATIONS. The type, capacity, location, and layout
of a private on-site wastewater treatment and disposal system shall comply with the
specifications and requirements set forth by the Iowa Administrative Code 567, Chapter 69,
and with such additional requirements as are prescribed by the regulations of the County
Board of Health.
(IAC, 567-69.1[3 & 4])
98.04 PERMIT REQUIRED. No person shall install or alter an on-site wastewater

treatment and disposal system without first obtaining a permit from the County Board of
Health.
98.05 DISCHARGE RESTRICTIONS. It is unlawful to discharge any wastewater from

an on-site wastewater treatment and disposal system (except under an NPDES permit) to any
ditch, stream, pond, lake, natural or artificial waterway, drain tile or to the surface of the
ground.
(IAC, 567-69.1[3])
98.06 MAINTENANCE OF SYSTEM. The owner of an on-site wastewater treatment and

disposal system shall operate and maintain the system in a sanitary manner at all times and at
no expense to the City.
98.07 SYSTEMS ABANDONED. At such time as a public sewer becomes available to a

property served by an on-site wastewater treatment and disposal system, as provided in
Section 95.05, a direct connection shall be made to the public sewer in compliance with these
Sanitary Sewer chapters and the on-site wastewater treatment and disposal system shall be
abandoned and filled with suitable material.

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CHAPTER 98 ON-SITE WASTEWATER SYSTEMS
98.08 DISPOSAL OF SEPTAGE. No person shall dispose of septage from an on-site

treatment system at any location except an approved disposal site.

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CHAPTER 99
SEWER SERVICE CHARGES

99.01 Sewer Service Charges Required 99.05 Payment of Bills
99.02 Rate 99.06 Lien for Nonpayment
99.03 Consumptive Use 99.07 Special Agreements Permitted
99.04 Private Water Systems
99.01 SEWER SERVICE CHARGES REQUIRED. Every customer shall pay to the City
sewer service fees as hereinafter provided.
99.02 RATE. Each customer shall pay sewer service charges for the use of and for the
service supplied by the municipal sanitary sewer system based upon the amount of water
consumed as follows:
Gallons Used Per Month Rate

First 1,000 gallons $21.82 (minimum bill)
All over 1,000 gallons $3.74 per 1,000 gallons
Service to industrial establishments may be by contract, if the City finds such an arrangement
to be in the best interest of the City.
99.03 CONSUMPTIVE USE. If a customer has a consumptive use of water, or in some

other manner uses water which is not returned to the public sewer system, the service charge
for that use may be waived based on a separate water meter installed and maintained at the
customer’s expense and in a manner acceptable to the City.
99.04 PRIVATE WATER SYSTEMS. Customers whose premises are served by a private
water system shall pay sewer charges based upon the water used as determined by the City
either by an estimate agreed to by the customer or by metering the water system at the
customer’s expense. Any negotiated or agreed-upon sales or charges shall be subject to
approval of the Council.
99.05 PAYMENT OF BILLS. All sewer service charges are due and payable under the
same terms and conditions provided for payment of a combined service account as contained
in Section 92.04 of this Code of Ordinances. Sewer service may be discontinued in
accordance with the provisions contained in Section 92.05 if the combined service account
becomes delinquent, and the provisions contained in Section 92.08 relating to lien notices
shall also apply in the event of a delinquent account.
tenant thereof shall be jointly and severally liable for sewer service charges to the premises.
Sewer service charges remaining unpaid and delinquent shall constitute a lien upon the

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CHAPTER 99 SEWER SERVICE CHARGES
premises served and shall be certified by the Clerk to the County Treasurer for collection in
the same manner as property taxes.
99.07 SPECIAL AGREEMENTS PERMITTED. No statement in these chapters shall be

construed as preventing a special agreement, arrangement, or contract between the Council,
and any industrial concern whereby an industrial waste of unusual strength or character may
be accepted subject to special conditions, rate, and cost as established by the Council.

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CHAPTER 100
STORM WATER MANAGEMENT

100.01 Purpose 100.06 Exemptions
100.02 Storm Water Management System District 100.07 Application
100.03 Rates 100.08 Site Plan
100.04 Billing for Storm Water Service 100.09 Storm Water Management Requirements
100.05 Lien for Nonpayment
100.01 PURPOSE. The purpose of this chapter is to establish a storm water management
system district and provide a means of funding the operation and maintenance of storm water
management facilities within the district, including but not limited to retention and detention
basins, storm sewers, inlets, ditches and drains.
100.02 STORM WATER MANAGEMENT SYSTEM DISTRICT. The entire City is

declared a storm water management system district for the purpose of establishing, imposing,
adjusting, and providing for the collection of rates for the operation and maintenance of storm
water management facilities within the City. As additional areas are annexed to the City, such
areas shall immediately be included within the storm water management district.
100.03 RATES. The rates for the operation and maintenance of the storm water
management facilities shall be collected by imposing a monthly rate on each residential,
commercial, and industrial user within the City. Such rates shall be established by resolution
of the Council, which may establish different monthly rates for different classifications of
users.
100.04 BILLING FOR STORM WATER SERVICE. All storm water management
charges are due and payable under the same terms and conditions provided for payment of a
combined service account as contained in Section 92.04 of this Code of Ordinances. Water
service may be discontinued in accordance with the provisions contained in Section 92.05 if
the combined service account becomes delinquent, and the provisions contained in Section
92.08 relating to lien notices shall also apply in the event of a delinquent account.
tenant thereof are jointly and severally liable for storm water management charges to the
premises. Storm water management charges remaining unpaid and delinquent shall constitute
a lien upon the premises served and shall be certified by the Clerk to the County Treasurer for
collection in the same manner as property taxes.
100.06 EXEMPTIONS. The following are exempt from the requirements of this chapter:
1. Agricultural use of land;
2. Emergencies causing an immediate danger to life or property;
3. Land within floodplain areas as designated in the Federal Emergency
Management Agency maps in effect at the time of the development;
4. Areas deemed appropriate by the City Engineer.

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CHAPTER 100 STORM WATER MANAGEMENT
100.07 APPLICATION. The requirements of this chapter shall apply to all development
within the City. Storm water detention basins intended to serve residential developments
within the City shall be privately owned and maintained, unless approved otherwise by the
City.
100.08 SITE PLAN. A site plan containing information regarding storm water drainage
facilities set forth in this chapter must be submitted and approved by the City Engineer before
any person may receive a building permit for new construction or relocation of a principal or
accessory use or enlargement of an existing use.
100.09 STORM WATER MANAGEMENT REQUIREMENTS. A storm water

management plan must be submitted to the City Engineer for review and approval. All design
criteria and details must be in conformance with design standards established by the City.
Construction of the storm water management facilities must be in conformance with the
approved storm water management plan for the site. The property owner shall dedicate to the
City, by instrument or final platting, any property on which public storm water detention
basins will be located, including ingress and egress easements for maintenance of the
facilities, prior to final site approval. All public storm sewers shall be dedicated to the City.

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CHAPTER 101
STORM WATER COLLECTION,

DISCHARGE AND RUNOFF
101.01 Purpose 101.10 Notification of Spills
101.02 Definitions 101.11 Notice of Violation
101.03 Responsibility and Administration 101.12 Appeal of Notice of Violation
101.04 Illicit Discharges 101.13 Abatement Measures
101.05 Suspension of MS4 Access 101.14 Injunctive Relief
101.06 Industrial or Construction Activity Discharges 101.15 Compensatory Action
101.07 Compliance Monitoring 101.16 Violations Deemed a Public Nuisance
101.08 Use of Best Management Practices 101.17 Criminal Prosecution
101.09 Watercourse Protection 101.18 Remedies Not Exclusive
101.01 PURPOSE. It is the purpose of this chapter to provide for the health, safety, and
general welfare of the citizens of the City through the regulation of non-storm-water
discharges to the storm drainage system to the maximum extent practicable as required by
Federal and State law. This chapter establishes methods for controlling the introduction of
pollutants into the municipal separate storm sewer system (MS4) in order to comply with the
requirements of the national pollution discharge elimination system (NPDES) permit process.
The objectives of this chapter are:
1. To regulate the contribution of pollutants to the municipal separate storm
sewer system (MS4) by storm water discharges by any user;
2. To prohibit illicit connections and discharges to the municipal separate storm
sewer system;
3. To establish legal authority to carry out all inspections, surveillance, and
monitoring procedures necessary to ensure compliance with this chapter.
101.02 DEFINITIONS. For the purposes of this chapter, the following words are defined:
1. “Best management practices” (BMPs) means schedules of activities,
prohibitions of practices, pollution prevention and educational practices, maintenance
procedures and other management practices to prevent or reduce the pollution of
waters of the State. BMPs also include treatment requirements, operating procedures
and practices to control facility site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
2. “Clean Water Act” means the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), and any subsequent amendments thereto.
3. “Construction activity” means activities subject to NPDES construction
permits. These include construction projects resulting in land disturbance of one acre
or more. Such activities include (but are not limited to) clearing and grubbing,
grading, excavating, and demolition.
4. “Discharge” means the release of water and any elements, compounds, and
particles contained within or upon, from property owned or controlled by a person.
5. “Hazardous materials” mean any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or physical,

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CHAPTER 101 STORM WATER COLLECTION,
chemical, or infectious characteristics, may cause or significantly contribute to a

substantial present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or otherwise
managed.
6. “Illegal discharge” means any direct or indirect non-storm-water discharge to
the storm drain system, except as exempted in Section 101.04(1)(A) of this chapter.
7. “Illicit connection” is defined as either of the following:
A. Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system, including
(but not limited to) any conveyances which allow any non-storm-water
discharge, including sewage, process wastewater, and wash water, to enter the
storm drain system and any connections to the storm drain system from
indoor drains and sinks, regardless of whether such drain or connection had
been previously allowed, permitted, or approved by an authorized
enforcement agency.
B. Any drain or conveyance connected from a commercial or industrial
land use to the storm drain system which has not been documented in plans,
maps, or equivalent records and approved by an authorized enforcement
agency.
8. “Industrial activity” means activities subject to NPDES industrial permits as
defined in 40 CFR, Section 122.26(b)(14).
9. “National pollutant discharge elimination system (NPDES) storm water
discharge permit” means a permit issued by EPA [or by a State under authority
delegated pursuant to 33 U.S.C. 1342(b)] that authorizes the discharge of pollutants to
waters of the United States, whether the permit is applicable on an individual, group,
or general area-wide basis.
10. “Non-storm-water discharge” means any discharge to the storm drainage
system that is not composed entirely of storm water or groundwater.
11. “Person” means any individual, association, organization, partnership, firm,
corporation, or other entity recognized by law and acting as either the owner or the
owner’s agent.
12. “Pollutant” means anything which causes or contributes to pollution.
Pollutants may include, but are not limited to, paints, varnishes, solvents, oil, other
automotive fluids, nonhazardous liquid and solid wastes, yard wastes, refuse, rubbish,
garbage, litter, discarded or abandoned objects, ordinances and accumulations so that
same may cause or contribute to pollution, floatables, pesticides, herbicides,
fertilizers, hazardous substances and wastes, sewage, fecal coliform and pathogens,
dissolved and particulate metals, animal wastes, wastes and residues that result from
constructing a building or structure, and noxious or offensive matter of any kind.
13. “Premises” means any building, lot, parcel of land, or portion of land whether
improved or unimproved, including adjacent sidewalks and parking strips.
14. “Storm drainage system” means publicly owned facilities, or privately owned
facilities connected to the MS4, by which storm water is collected and/or conveyed,
including (but not limited to) any roads with drainage systems, municipal streets,
gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention

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basins, natural and human-made or altered drainage channels, reservoirs, and other
drainage structures.
15. “Storm water” means any storm water runoff, snowmelt runoff, and surface
runoff and drainage.
16. “Storm water pollution prevention plan” means a document which describes
the best management practices and activities to be implemented by a person or
business to identify sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to storm water, storm water conveyance
systems and/or receiving waters to the maximum extent practicable.
17. “Wastewater” means any water or other liquid, other than uncontaminated
storm water, discharged from a facility.
18. “Watercourse” means a natural overland route through which water passes,
including drainage courses, streams, creeks, and rivers.
101.03 RESPONSIBILITY AND ADMINISTRATION. The City shall administer,

implement, and enforce the provisions of this chapter. Any powers granted or duties imposed
upon the City may be delegated in writing to persons or entities acting in the beneficial
interest of or in the employ of the City. The standards set forth herein and promulgated
pursuant to this chapter are minimum standards; therefore, this chapter does not intend or
imply that compliance by any person will ensure that there will be no contamination,
pollution, or unauthorized discharge of pollutants.
101.04 ILLICIT DISCHARGES. This chapter shall apply to all water entering the storm
drainage system generated on any developed or undeveloped land unless explicitly exempted
by the City.
1. Prohibition of Illegal Discharges. No person shall discharge or cause to be
discharged into the municipal separate storm sewer system or watercourses any
discharge that is not composed entirely of storm water, including (but not limited to)
pollutants or waters containing any pollutants that cause or contribute to a violation of
applicable water quality standards. The commencement, conduct or continuance of
any illegal discharge to the storm drain system is prohibited except as described as
follows:
A. Uncontaminated discharges from the following sources:
(1) Water line flushing or other potable water sources.
(2) Landscape irrigation or lawn watering with potable water.
(3) Diverted stream flows.
(4) Rising groundwater.
(5) Groundwater infiltration to storm drains.
(6) Pumped groundwater.
(7) Foundation or footing drains.
(8) Crawl space pumps.
(9) Air conditioning condensation.
(10) Springs.

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(11) Noncommercial washing of personally owned vehicles. Any

person desiring to have a carwash for fundraising for a nonprofit
group should obtain a permit from the code official.
(12) Natural riparian habitat or wetland flows.
(13) Swimming pools (if dechlorinated – typically less than one
PPM chlorine).
(14) Firefighting activities.
(15) Any other uncontaminated water source.
B. Discharges specified in writing by the City as being necessary to
protect public health and safety.
C. Dye or smoke testing by the City or with permission of the City is an
allowable discharge for investigation purposes.
D. The prohibition shall not apply to any non-storm-water discharge
permitted under an NPDES permit, waiver, or waste discharge order issued to
the discharger and administered under the authority of the Federal
Environmental Protection Agency, provided that the discharger is in full
compliance with all requirements of the permit, waiver or order and other
applicable laws and regulations, and provided that written approval has been
granted for any discharge to the storm drain system.
2. Prohibition of Illicit Connections.
A. The construction, use, maintenance, or continued existence of illicit
connections to the storm drain system is prohibited.
B. This prohibition expressly includes, without limitation, illicit
connections made in the past, regardless of whether the connection was
permissible under law or practices applicable or prevailing at the time of
connection.
C. A person is considered to be in violation of this chapter if the person
connects a line conveying sewage to the MS4, or allows such a connection to
continue.
101.05 SUSPENSION OF MS4 ACCESS.

1. Suspension Due to Illicit Discharges in Emergency Situations. The City may,
without prior notice, suspend MS4 discharge access to a person when such suspension
is necessary to stop an actual or threatened discharge which presents or may present
imminent and substantial danger to the environment, or to the health or welfare of
persons, or to the MS4 or waters of the United States. If the violator fails to comply
with a suspension order issued in an emergency, the City may take such steps as
deemed necessary to prevent or minimize damage to the MS4 or waters of the United
States, or to minimize danger to persons.
2. Suspension Due to the Detection of Illicit Discharge. Any person discharging
to the MS4 in violation of this chapter may have such person’s MS4 access
terminated, if such termination would abate or reduce an illicit discharge. The City
will notify a violator of the proposed termination of MS4 access. The violator may
petition to the City for a reconsideration and hearing.

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A person commits an offense if the person reinstates MS4 access terminated pursuant to this
section, without the prior approval of the City
101.06 INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES. Any person

subject to an industrial or construction activity NPDES Iowa Department of Natural Resources
storm water discharge permit shall comply with all provisions of such permit. When an
NPDES permit is required, a copy of the permit shall be filed with the City. Proof of
compliance with such permit may be required in a form acceptable to the City prior to the
allowing of discharges to the MS4.
1. Notice of Intent (NOI) Submittal. The operator of a facility, including
construction sites, required to have an NPDES permit to discharge storm water
associated with such activity shall submit a copy of the notice of intent (NOI) to the
City at the same time the operator submits the original NOI to the Iowa Department of
Natural Resources and EPA, as applicable. The copy of the NOI may be delivered
either in person or by mailing to:
NOI to Discharge Storm Water
North Liberty City Administration
5 East Cherry Street
P.O. Box 77
North Liberty, IA 52317-0077
2. Notice of Intent (NOI) Offense. A person commits an offense if the person
operates a facility that is discharging storm water with industrial or construction
activity without having submitted a copy of the NOI and NPDES permit to the City.
101.07 COMPLIANCE MONITORING. This section applies to all facilities that have
storm water discharges associated with industrial activity, including construction activity.
1. The City shall be permitted to enter and inspect facilities subject to regulation
under this chapter as often as may be necessary to determine compliance with this
chapter. If a discharger has security measures in force which require proper
identification and clearance before entry into its premises, the discharger shall make
the necessary arrangements to allow access to representatives of the authorized
enforcement agency.
2. Facility operators shall allow the City ready access to all parts of the premises
for the purposes of inspection, sampling, examination, and copying of records that
must be kept under conditions of an NPDES permit to discharge storm water, and the
performance of any additional duties as defined by State and Federal law.
3. The City shall have the right to set up on any permitted facility such devices
as are necessary in the opinion of the City to conduct monitoring and/or sampling of
the facility’s storm water discharge.
4. The City has the right to require the discharger to install monitoring
equipment as necessary. The facility’s sampling and monitoring equipment shall be
maintained at all times in a safe and proper operating condition by the discharger at its
own expense. All devices used to measure storm water flow and quality shall be
calibrated to ensure their accuracy.
5. Any temporary or permanent obstruction to safe and easy access to the facility
to be inspected and/or sampled shall be promptly removed by the operator at the

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written or oral request of the City and shall not be replaced. The costs of clearing
such access shall be borne by the operator.
6. Unreasonable delays in allowing the City access to a permitted facility is a
violation of storm water discharge permit and of this chapter. A person who is the
operator of a facility with an NPDES permit to discharge storm water associated with
industrial activity commits an offense if the person denies the City reasonable access
to the permitted facility for the purpose of conducting any activity authorized or
required by this chapter.
7. If the City has been refused access to any part of the premises from which
storm water is discharged, and the City is able to demonstrate probable cause to
believe that there may be a violation of this chapter or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program designed to verify
compliance with this chapter or any order issued hereunder, or to protect the overall
public health, safety, and welfare of the community, then the authorized enforcement
agency may seek issuance of a search warrant from any court of competent
jurisdiction.
101.08 USE OF BEST MANAGEMENT PRACTICES. The City will adopt

requirements identifying best management practices for any activity, operation, or facility
which may cause or contribute to pollution or contamination of storm water, the storm drain
system, or waters of the United States.
1. The owner or operator of a commercial or industrial establishment shall
provide, at said owner’s expense, reasonable protection from accidental discharge of
prohibited materials or other wastes into the municipal storm drain system or
watercourses through the use of these structural and nonstructural BMPs.
2. Any person responsible for a property or premises which is or may be the
source of an illicit discharge may be required to implement, at the person’s expense,
the BMP’s necessary to prevent further discharge of pollutants to the MS4.
3. Compliance with all terms and conditions of a valid NPDES permit
authorizing discharge of storm water associated with industrial activity, to the extent
practicable, shall be deemed a compliance with the provisions of this section.
4. These BMPs shall be part of a storm water pollution prevention plan
(SWPPP) as required for compliance with the NPDES permit.
101.09 WATERCOURSE PROTECTION. Every person owning property through which

a watercourse passes (or such person’s lessee) shall keep and maintain that part of the
watercourse within the property free of trash, debris, excessive vegetation, and other obstacles
that would pollute, contaminate, or significantly retard the flow of water through the
watercourse. In addition, the owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse, so that such structures will not become a hazard
to the use, function, or physical integrity of the watercourse.
101.10 NOTIFICATION OF SPILLS. Notwithstanding other requirements of law, as

soon as any person responsible for a facility or operation, or responsible for emergency
response for a facility or operation, has information of any known or suspected release of
materials which are resulting in (or may result in) illicit discharges or pollutants discharging
into storm water, the storm drain system, or waters of the United States, such person shall take
all necessary steps to ensure the discovery, containment and cleanup of such release. In the

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event of such a release of hazardous materials, the person shall immediately notify emergency
response agencies of the occurrence via emergency dispatch services. In the event of a release
of nonhazardous materials, the person shall notify the City in person or by telephone or
facsimile not later than the next business day. Notifications in person or by telephone shall be
confirmed by written notice addressed and mailed to the City within three business days of the
telephone notice. If the discharge of prohibited materials emanates from a commercial or
industrial establishment, the owner or operator of such establishment shall also retain an on-
site written record of the discharge and the actions taken to prevent its recurrence. Such
records shall be retained for at least three years.
101.11 NOTICE OF VIOLATION. Whenever the City finds that a person has violated a
prohibition or failed to meet a requirement of this chapter, the City shall order compliance by
written notice of violation to the responsible person. Such notice shall require, without
limitation:
1. The performance of monitoring, analyses, and reporting;
2. The elimination of illicit connections or discharges;
3. That violating discharges, practices or operation shall cease and desist;
4. The abatement or remediation of storm water pollution or contamination
hazards and the restoration of any affected property;
5. Payment of a fine to cover administrative and remediation costs; and
6. The implementation of source control or treatment BMPs.
If abatement of a violation and/or restoration of affected property is required, the notice shall
set forth a deadline within which such remediation or restoration must be completed. The
notice shall further advise that, should the violator fail to remediate or restore within the
established deadline, the work will be done by a designated governmental agency or a
contractor and the expense thereof shall be charged to the violator.
101.12 APPEAL OF NOTICE OF VIOLATION. Any person receiving a notice of

violation may appeal the determination of the City. The notice of appeal must be received
within three days from the date of the notice of violation. Hearing on the appeal before the
appropriate designee of the City shall take place within three days from the date of receipt of
the notice of appeal. The decision of the City or its designee shall be final.
101.13 ABATEMENT MEASURES. If the violation has not been corrected pursuant to
the requirements set forth in the notice of violation or, in the event of an appeal, within the
time set forth in the decision of the municipal authority upholding the decision of the City,
then representatives of the City shall enter upon the subject private property and are
authorized to take any and all measures necessary to abate the violation and/or restore the
property. It is unlawful for any person, owner, agent, or person in possession of any premises
to refuse to allow the City or designated contractor to enter upon the premises for the purposes
set forth above. Within thirty days after abatement of the violation, the owner of the property
will be notified of the cost of the abatement, including administrative costs. The property
owner may file a written protest objecting to the amount of the assessment within 15 days. If
the amount due is not paid within a timely manner as determined by the decision of the
municipal authority, the charges shall become a special assessment against the property and
shall constitute a lien on the property for the amount of the assessment.

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101.14 INJUNCTIVE RELIEF. It is unlawful for any person to violate any provision or
fail to comply with any of the requirements of this chapter. If a person has violated or
continues to violate the provisions of this chapter, the City may petition for a preliminary or
permanent injunction restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation of the violation.
101.15 COMPENSATORY ACTION. In lieu of enforcement proceedings, penalties, and

remedies authorized by this chapter, the City may impose upon a violator alternative
compensatory actions, such as storm drain stenciling, attendance at compliance workshops,
creek cleanup, etc.
101.16 VIOLATIONS DEEMED A PUBLIC NUISANCE. In addition to the

enforcement processes and penalties provided, any condition caused or permitted to exist in
violation of any of the provisions of this chapter is a threat to public health, safety, and
welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at
the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation
of such nuisance may be taken.
101.17 CRIMINAL PROSECUTION. Any person that has violated or continues to

violate this chapter shall be subject to prosecution to the fullest extent of the law. The City
may recover all attorneys’ fees, court costs, and other expenses associated with enforcement of
this chapter, including sampling and monitoring expenses.
101.18 REMEDIES NOT EXCLUSIVE. The remedies listed in this chapter are not
exclusive of any other remedies available under any applicable Federal, State, or local law and
it is within the discretion of the City to seek cumulative remedies.

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CHAPTER 105
SOLID WASTE CONTROL

105.01 Purpose 105.07 Littering Prohibited
105.02 Definitions 105.08 Open Dumping Prohibited
105.03 Sanitary Disposal Required 105.09 Toxic and Hazardous Waste
105.04 Health and Fire Hazard 105.10 Waste Storage Containers
105.05 Open Burning Restricted 105.11 Prohibited Practices
105.06 Separation of Yard Waste Required 105.12 Recycling Program
105.01 PURPOSE. The purpose of the chapters in this Code of Ordinances pertaining to
Solid Waste Control and Collection is to provide for the sanitary storage, collection, and
disposal of solid waste and, thereby, to protect the citizens of the City from such hazards to
their health, safety and welfare as may result from the uncontrolled disposal of solid waste.
105.02 DEFINITIONS. For use in these chapters the following terms are defined:
1. “Collector” means any person authorized to gather solid waste from public
and private places.
2. “Discard” means to place, cause to be placed, throw, deposit, or drop.
3. “Dwelling unit” means any room or group of rooms located within a structure
and forming a single habitable unit with facilities which are used, or are intended to be
used, for living, sleeping, cooking and eating.
4. “Garbage” means all solid and semisolid, putrescible animal and vegetable
waste resulting from the handling, preparing, cooking, storing, serving and consuming
of food or of material intended for use as food, and all offal, excluding useful
industrial by-products, and includes all such substances from all public and private
establishments and from all residences.
(IAC, 567-100.2)
5. “Landscape waste” means any vegetable or plant waste except garbage. The
term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass,
shrubbery, and yard trimmings.
(IAC, 567-20.2[455B])
6. “Litter” means any garbage, rubbish, trash, refuse, waste materials, or debris.
7. “Owner” means, in addition to the record titleholder, any person residing in,
renting, leasing, occupying, operating or transacting business in any premises, and as
between such parties the duties, responsibilities, liabilities and obligations hereinafter
imposed shall be joint and several.
8. “Refuse” means putrescible and non-putrescible waste, including but not
limited to garbage, rubbish, ashes, incinerator residues, street cleanings, market and
industrial solid waste and sewage treatment waste in dry or semisolid form.
(IAC, 567-100.2)
9. “Residential premises” means any privately owned dwelling unit.

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CHAPTER 105 SOLID WASTE CONTROL
10. “Residential waste” means any refuse generated on the premises as a result of
residential activities. The term includes landscape waste grown on the premises or
deposited thereon by the elements, but excludes garbage, tires, trade wastes and any
locally recyclable goods or plastics.
(IAC, 567-20.2[455B])
11. “Rubbish” means non-putrescible solid waste consisting of combustible and
non-combustible waste, such as ashes, paper, cardboard, tin cans, yard clippings,
wood, glass, bedding, crockery, or litter of any kind.
(IAC, 567-100.2)
12. “Sanitary disposal” means a method of treating solid waste so that it does not
produce a hazard to the public health or safety or create a nuisance.
(IAC, 567-100.2)
13. “Sanitary disposal project” means all facilities and appurtenances including
all real and personal property connected with such facilities, which are acquired,
purchased, constructed, reconstructed, equipped, improved, extended, maintained, or
operated to facilitate the final disposition of solid waste without creating a significant
hazard to the public health or safety, and which are approved by the Director of the
State Department of Natural Resources.
14. “Solid waste” means garbage, refuse, rubbish, and other similar discarded
solid or semisolid materials, including but not limited to such materials resulting from
industrial, commercial, agricultural, and domestic activities. Solid waste may include
vehicles, as defined by Section 321.1 of the Code of Iowa. Solid waste does not
include any of the following:
A. Hazardous waste regulated under the Federal Resource Conservation
and Recovery Act, 42 U.S.C. § 6921-6934.
B. Hazardous waste as defined in Section 455B.411 of the Code of Iowa,
except to the extent that rules allowing for the disposal of specific wastes have
been adopted by the State Environmental Protection Commission.
C. Source, special nuclear, or by-product material as defined in the
Atomic Energy Act of 1954, as amended to January 1, 1979.
D. Petroleum contaminated soil that has been remediated to acceptable
State or Federal standards.
105.03 SANITARY DISPOSAL REQUIRED. It is the duty of each owner to provide for
the sanitary disposal of all refuse accumulating on the owner’s premises before it becomes a
nuisance. Any such accumulation remaining on any premises for a period of more than thirty
(30) days shall be deemed a nuisance and the City may proceed to abate such nuisances in
accordance with the provisions of Chapter 50 or by initiating proper action in district court.
(Code of Iowa, Ch. 657)
105.04 HEALTH AND FIRE HAZARD. It is unlawful for any person to permit to
accumulate on any premises, improved or vacant, or on any public place, such quantities of
solid waste that constitute a health, sanitation or fire hazard.

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105.05 OPEN BURNING RESTRICTED. No person shall allow, cause or permit open
burning of combustible materials where the products of combustion are emitted into the open
air without passing through a chimney or stack, except that open burning is permitted in the
following circumstances:
1. Disaster Rubbish. The open burning of rubbish and landscape waste created
by a disaster in the City but only for the duration of the official community disaster
period as declared by the Mayor.
2. Recreational Fires and Fire Pits. Open fires for cooking, heating and
recreation (e.g., small campfires).
A. Such fires shall not cause a nuisance to the public.
B. Such fires shall be constantly attended and supervised by a person 18
years or older until the fire has been completely extinguished. A portable fire
extinguisher with a minimum 4-A rating or garden hose must be readily
available.
C. Only dry seasoned natural firewood or commercial logs may be
burned. Burning of rubber tires, lumber, pallets, scrap wood, green wood,
tree trimmings with leaves, leaves, yard waste, paper, cardboard, garbage and
other refuse is not permitted.
D. The pile size of the dry seasoned natural firewood or commercial logs
cannot exceed three feet in diameter and two feet in height.
E. All open fires shall be performed in an approved container
constructed of steel, brick or masonry or in below ground fire pits.
F. Portable fire pits shall be used in accordance with the manufacturer’s
specifications and these regulations. Portable fire pits and portable fireplaces
shall not be located less than 15 feet away from any structures or combustible
materials.
G. Below ground fire pits shall be at least four inches in depth and shall
be surrounded on the outside, above ground, by a noncombustible material
such as steel, brick, or masonry. Below ground fire pits shall not be located
less than 25 feet away from any structures or combustible materials.
3. Ceremonial Fires. Generally larger fires for ceremonies or events.
A. Ceremonial fires require written permission of the Fire Chief and
payment of the permit fee. The permit shall include a specific date and time
period for the ceremonial fire.
B. Such fires shall not cause a nuisance to the public.
C. Such fires shall be constantly attended and supervised by a person 18
years or older until the fire has been completely extinguished. A portable fire
extinguisher with a minimum 4-A rating or garden hose must be readily
available.
D. Only dry seasoned natural firewood or commercial logs may be
burned. Burning of rubber tires, lumber, pallets, scrap wood, green wood,
tree trimmings with leaves, leaves, yard waste, paper, cardboard, garbage and
other refuse is not permitted.

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E. The fire shall not be located less than 50 feet away from any
structures or combustible materials and no less than 25 feet from any property
lines. Conditions which could cause a fire to spread within 50 feet of a
structure shall be eliminated prior to ignition.
4. Training Fires. Fires set for the purpose of bona fide training of public
employees and/or members of the volunteer fire department in fire fighting methods,
provided that the Fire Chief has received a written request and has granted permission
for such burning.
5. Prairie Burns. Sites that are dominated by native prairie species or have been
planted to native prairie species. Weedy sites may be burned in which prairie species
have been planted but are not yet dominant. Burning under this subsection may occur
no more often than every three years. The Fire Chief and the fire crew shall possess
proper experience and training in managing controlled burn ground fires. The Fire
Chief shall determine sites, dates and times for the burning to occur. In addition, all
the following conditions must be met:
A. Full compliance with all state and county laws, regulations and rules;
B. Full compliance with City standards for prairie burns;
C. Issuance of a permit by the Fire Chief, subject to the conditions and
limitations set out in subsection 7 of this section; and
D. Burns conducted during a three month period between December 1
and March 1 only.
6. Landscape Waste, Trees and Tree Trimmings. The disposal of landscape
waste, trees and tree trimmings by open burning is generally prohibited because of
public health and safety concerns and consequences. However, any property owner
may apply for a permit to dispose of landscape waste, trees and tree trimmings
originating on the premises by open burning. All the following conditions must be
met:
A. Full compliance with all state and county laws, regulations and rules;
B. Full compliance with City standards for tree and tree trimming burns;
C. Issuance of a permit by the Fire Chief, subject to the conditions and
limitations set out in subsection 7 of this section; and
D. Burns conducted during a three month period between December 1
and March 1 only.
7. The Fire Chief shall develop City application forms, waiver forms and
standards for prairie burns and landscape waste, tree and tree trimming burns, subject
to review and approval by Council. Any burning under subsections 5 and 6 of this
section shall be limited to areas at least one-quarter (1/4) mile from any building
inhabited by anyone other than the applicant or any tenants of the applicant's
property. This separation requirement may be waived by the owner of any building
within one-quarter (1/4) mile of the proposed burn site by signing and submitting a
written waiver. If any owner of any building within one-quarter (1/4) mile of the
proposed burn site does not provide a written waiver, the application shall be denied.
All required written waivers must be submitted with the application and are subject to
confirmation by the Fire Chief. If all necessary burn permits are approved and
received, the applicant must post notice and notify by mail all affected property

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owners whose properties are within one-quarter (1/4) mile of the proposed burn site
and all residents of the same properties a minimum of ten (10) days prior to the
proposed burn. Any owner who burns prairie sites or landscape waste, trees and tree
trimmings as permitted by this section shall be fully responsible for conducting the
open burning safely and in accordance with applicable city, county and state standards
at all times; shall be liable for any damages to persons or property that arise from the
open burning; and shall hold the City harmless for any such damages.
8. Extinguishment Authority. The Fire Chief or any authorized representative of
the North Liberty Fire Department is authorized to order the extinguishment by the
responsible person or by the fire department for any burning that is deemed to create a
nuisance, hazardous condition or objectionable situation.
9. Fees. Permit fees for ceremonial burns, prairie burns, and landscape waste,
tree and tree trimming burns shall be set by resolution of the City Council.
105.06 SEPARATION OF YARD WASTE REQUIRED. All yard waste shall be

separated by the owner or occupant from all other solid waste accumulated on the premises
and shall be composted on the premises or placed in tagged yard waste bags and set out for
collection. Yard waste bags shall not exceed 39 gallons in capacity or 40 pounds in weight.
Two bundles of brush and small limbs, cut approximately four feet long and tied in bundles
weighing 40 pounds or less, will be collected free of charge each week. As used in this
section, “yard waste” means any debris such as grass clippings, leaves, garden waste, brush,
and trees. Yard waste does not include tree stumps.
105.07 LITTERING PROHIBITED. No person shall discard any litter onto or in any
water or land, except that nothing in this section shall be construed to affect the authorized
collection and discarding of such litter in or on areas or receptacles provided for such purpose.
When litter is discarded from a motor vehicle, the driver of the motor vehicle shall be
responsible for the act in any case where doubt exists as to which occupant of the motor
vehicle actually discarded the litter.
105.08 OPEN DUMPING PROHIBITED. No person shall dump or deposit or permit the
dumping or depositing of any solid waste on the surface of the ground or into a body or stream
of water at any place other than a sanitary disposal project approved by the Director of the
State Department of Natural Resources, unless a special permit to dump or deposit solid waste
on land owned or leased by such person has been obtained from the Director of the State
Department of Natural Resources. However, this section does not prohibit the use of rubble at
places other than a sanitary disposal project. As used in this section, “rubble” means dirt,
stone, brick, or similar inorganic materials used for beneficial fill, landscaping, excavation, or
grading at places other than a sanitary disposal project. “Rubble” includes asphalt waste only
as long as it is not used in contact with water in a floodplain. For purposes of this section,
“rubble” does not mean gypsum or gypsum wallboard, coal combustion residue, foundry sand,
or industrial process wastes unless those wastes are approved by the State Department of
Natural Resources.
(Code of Iowa, Sec. 455B.301, Sec. 455B.307 and IAC, 567-100.2)
105.09 TOXIC AND HAZARDOUS WASTE. No person shall deposit in a solid waste
container or otherwise offer for collection any toxic or hazardous waste. Such materials shall
be transported and disposed of as prescribed by the Director of the State Department of
Natural Resources. As used in this section, “toxic and hazardous waste” means waste

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materials, including but not limited to, poisons, pesticides, herbicides, acids, caustics,
pathological waste, flammable or explosive materials and similar harmful waste which
requires special handling and which must be disposed of in such a manner as to conserve the
environment and protect the public health and safety.
(IAC, 567-100.2)
(IAC, 567-102.13[2] and 400-27.14[2])
105.10 WASTE STORAGE CONTAINERS. Every person owning, managing, operating,

leasing, or renting any premises, dwelling unit or any place where refuse accumulates shall
provide and at all times maintain in good order and repair portable containers for refuse in
accordance with the following:
1. Container Specifications. Waste storage containers shall comply with the
following specifications:
A. Residential. Residential waste containers, whether they are reusable,
portable containers or heavy-duty disposable garbage bags, shall be leak-
proof and waterproof. Disposable containers shall be securely fastened, and
reusable containers shall be fitted with a fly-tight lid which shall be kept in
place except when depositing or removing the contents of the container.
Reusable containers shall also be lightweight and of sturdy construction and
have suitable lifting devices. No containers or bags shall exceed 35 gallons in
capacity or 40 pounds in weight.
B. Commercial. Every person owning, managing, operating, leasing or
renting any commercial premises where an excessive amount of refuse
accumulates and where its storage in portable containers as required above is
impractical, shall maintain metal bulk storage containers approved by the
City.
2. Storage of Containers. Residential solid waste containers shall be stored upon
the residential premises. Commercial solid waste containers shall be stored upon
private property, unless the owner has been granted written permission from the City
to use public property for such purposes. The storage site shall be well drained and
fully accessible to collection equipment, public health personnel, and fire inspection
personnel. All owners of residential and commercial premises shall be responsible for
proper storage of all garbage and yard waste to prevent materials from being blown or
scattered around neighboring yards and streets.
3. Location of Containers for Collection. Containers for the storage of solid
waste awaiting collection shall be placed at the curb or alley line by the owner or
occupant of the premises served. Containers or other solid waste placed at the curb
line shall not be so placed more than 12 hours in advance of the regularly scheduled
collection day and shall be promptly removed from the curb line following collection.
Solid waste containers set out for collection must have the appropriate stickers
attached thereto. Each container up to 20 gallons in capacity requires one sticker and
each 21 - 35 gallon container requires two stickers. Yard waste bags must be placed
three to six feet from other solid waste containers.
4. Nonconforming Containers. Solid waste placed in containers which are not in
compliance with the provisions of this section will not be collected.

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105.11 PROHIBITED PRACTICES. It is unlawful for any person to:

1. Unlawful Use of Containers. Deposit refuse in any solid waste containers not
owned by such person without the written consent of the owner of such containers.
2. Interfere with Collectors. Interfere in any manner with solid waste collection
equipment or with solid waste collectors in the lawful performance of their duties as
such, whether such equipment or collectors be those of the City, or those of any other
authorized waste collection service.
3. Incinerators. Burn rubbish or garbage except in incinerators designed for high
temperature operation, in which solid, semisolid, liquid, or gaseous combustible
refuse is ignited and burned efficiently, and from which the solid residues contain
little or no combustible material, as acceptable to the Environmental Protection
Commission.
4. Scavenging. Take or collect any solid waste which has been placed out for
collection on any premises, unless such person is an authorized solid waste collector.
105.12 RECYCLING PROGRAM. The City shall provide for the collection of recyclable
material in accordance with the provisions of the contract between the City and the collector.
All recyclable material shall be separated and prepared for collection in accordance with the
rules and regulations as established by the collector.

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°°°°°°°°°°

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CHAPTER 106
COLLECTION OF SOLID WASTE

106.01 Collection Service 106.06 Right of Entry
106.02 Collection Vehicles 106.07 Contract Requirements
106.03 Loading 106.08 Collection Fees
106.04 Frequency of Collection 106.09 Lien for Nonpayment
106.05 Bulky Rubbish
106.01 COLLECTION SERVICE. The City shall provide by contract for the collection of
solid waste, except bulky rubbish as provided in Section 106.05, from residential premises
only. The owners or operators of commercial, industrial, or institutional premises shall
provide for the collection of solid waste produced upon such premises.
106.02 COLLECTION VEHICLES. Vehicles or containers used for the collection and
transportation of garbage and similar putrescible waste or solid waste containing such
materials shall be leak-proof, durable and of easily cleanable construction. They shall be
cleaned to prevent nuisances, pollution, or insect breeding and shall be maintained in good
repair.
(IAC, 567-104.9[455B])
106.03 LOADING. Vehicles or containers used for the collection and transportation of any
solid waste shall be loaded and moved in such a manner that the contents will not fall, leak, or
spill therefrom, and shall be covered to prevent blowing or loss of material. Where spillage
does occur, the material shall be picked up immediately by the collector or transporter and
returned to the vehicle or container and the area properly cleaned.
106.04 FREQUENCY OF COLLECTION. All solid waste shall be collected from

residential premises at least once each week and from commercial, industrial and institutional
premises as frequently as may be necessary, but not less than once each week.
106.05 BULKY RUBBISH. Bulky rubbish which is too large or heavy to be collected in
the normal manner of other solid waste may be collected by the collector upon request.
106.06 RIGHT OF ENTRY. Solid waste collectors are hereby authorized to enter upon
private property for the purpose of collecting solid waste therefrom as required by this
chapter; however, solid waste collectors shall not enter dwelling units or other residential
buildings.
106.07 CONTRACT REQUIREMENTS. No person shall engage in the business of

collecting, transporting, processing or disposing of solid waste from residential premises for
the City without first entering into a contract with the City. This section does not prohibit an
owner from transporting solid waste accumulating upon premises owned, occupied or used by
such owner, provided such refuse is disposed of properly in an approved sanitary disposal
project. Furthermore, a contract is not required for the removal, hauling, or disposal of earth
and rock material from grading or excavation activities, provided that all such materials are
conveyed in tight vehicles, trucks or receptacles so constructed and maintained that none of
the material being transported is spilled upon any public right-of-way.

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CHAPTER 106 COLLECTION OF SOLID WASTE
106.08 COLLECTION FEES. The collection and disposal of solid waste as provided by
this chapter are declared to be beneficial to the property served or eligible to be served and
there shall be levied and collected fees therefor in accordance with the following:
(Goreham vs. Des Moines, 1970, 179 NW 2nd, 449)
1. Schedule of Fees. The fees for solid waste collection and disposal service,
used or available, for each residential premises and for each dwelling unit of a
multiple-family dwelling are:
A. $4.25 per month recycling fee.
B. $.30 per month spring cleanup fee.
C. $1.20 for each solid waste sticker.
D. $1.20 for each yard waste sticker.
2. Payment of Bills. The monthly recycling fee and spring cleanup fee are due
and payable under the same terms and conditions provided for payment of a combined
service account as contained in Section 92.04 of this Code of Ordinances. Solid waste
collection service may be discontinued in accordance with the provisions contained in
Section 92.05 if the combined service account becomes delinquent, and the provisions
contained in Section 92.08 relating to lien notices shall also apply in the event of a
delinquent account.
tenant thereof are jointly and severally liable for fees for solid waste collection and disposal.
Fees remaining unpaid and delinquent shall constitute a lien upon the premises served and
shall be certified by the Clerk to the County Treasurer for collection in the same manner as
property taxes.

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CHAPTER 110
NATURAL GAS FRANCHISE

110.01 Franchise Granted 110.05 Rates
110.02 Standard of Operation 110.06 Rules and Regulations
110.03 Construction and Excavations 110.07 Successors and Assigns
110.04 Extension of Service 110.08 Indemnity
110.01 FRANCHISE GRANTED. The City hereby grants unto Iowa-Illinois Gas and
Electric Company, an Illinois corporation authorized to do business in the State of Iowa
(hereinafter called the Grantee) and to its successors and assigns a nonexclusive franchise and
right, for a period of 25 years from and after the date the ordinance codified herein became
effective †, to erect, construct, reconstruct, maintain, and operate within the corporate limits of
the City, as the same now exist or as they hereafter may be located or extended, a gas plant or
plants for the production, storage, transmission, distribution, sale, delivery, or furnishing of
gas, either natural or manufactured or mixed, natural and manufactured, whether said gas plant
or plants storage, transmission and distribution systems have been heretofore or hereafter may
be constructed, together with the franchise and right to enter upon and to use and occupy the
streets, avenues, alleys, bridges and other public places of said City as the same now are or
hereafter may be located or extended, for the purpose of constructing, reconstructing,
maintaining and operating thereon, therein, thereunder, and thereover said systems for the
transmission and distribution of gas, and together with the franchise and right to supply,
distribute and sell gas to said City and to the inhabitants thereof and others within and outside
the corporate limits of said City for any and all purposes, and under such terms and conditions
and under such restrictions and regulations as hereafter may be provided by the rule-making
body having jurisdiction thereof.
110.02 STANDARD OF OPERATION. The construction of said transmission and

distribution systems shall be in accordance with recognized national standards, including the
National Fuel Gas Code, if applicable, and any other standards as adopted and approved by
the Iowa Utilities Board. In addition said construction shall meet the requirements of this
Code of Ordinances. All of said gas pipes, mains, conduits, and other equipment,
appurtenances, facilities, and construction connected therewith shall be located, erected,
adjusted, and maintained so as not to interfere unreasonably with any improvements the City
may deem proper to make, or to hinder unnecessarily or obstruct the free use of the streets,
avenues, alleys, bridges, or other public places.
110.03 CONSTRUCTION AND EXCAVATIONS. Whenever the Grantee, in erecting,

constructing, or maintaining said transmission and distribution systems, shall take up or
disturb any pavement or sidewalk or make any excavations in the streets, avenues, alleys,
bridges or public places of said City, such excavations shall, without unnecessary delay, be
refilled and the pavement, sidewalk or other improvement replaced to the satisfaction of the
officials of the City.
†
EDITOR’S NOTE: Ordinance No. 86-2, adopting a natural gas franchise for the City, was passed
and adopted on March 11, 1986.

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CHAPTER 110 NATURAL GAS FRANCHISE
110.04 EXTENSION OF SERVICE. The Grantee shall extend its transmission and
distribution lines (mains and pipes) for each applicant in accordance with the most current
extension rules promulgated by the governing regulatory body, whether it be the Iowa Utilities
Board or any other body.
110.05 RATES. Said Grantee shall have the right to supply, distribute, and sell gas for any
and all purposes to said City, and to the inhabitants thereof, and to charge therefor such just
and reasonable rates as hereafter may be fixed and determined by the rate-making body
established under the laws of the State of Iowa and given jurisdiction thereof.
110.06 RULES AND REGULATIONS. Grantee shall furnish gas of good quality as the
City inhabitants may reasonably demand; provided however, the Grantee is authorized to
impose reasonable terms and conditions for the furnishing of gas service, and reasonable rules
and regulations in the operation and conduct of its business, including (but not limited to) the
requiring of a reasonable deposit of any consumer as a condition of furnishing as to such
consumer.
110.07 SUCCESSORS AND ASSIGNS. All of the provisions of this chapter shall apply to
the successors or assigns of the Grantee with the same force and effect as they do to the
Grantee.
110.08 INDEMNITY. The Grantee shall hold the City harmless from any and all causes of
action, litigation, or damages which may arise through or by reason of the construction,
reconstruction, maintenance, and operation of said distribution and transmission systems and
other construction hereby authorized, except to the extent such causes of action, litigation or
damages are caused by the negligence of the City or third parties.

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CHAPTER 111
ELECTRIC FRANCHISE
111.02 Construction Standards 111.06 Successors
111.03 Restoration of Public Property 111.07 City Held Harmless
111.04 Service Extension
111.01 FRANCHISE GRANTED. The City hereby grants unto the Iowa Electric Light
and Power Company, an Iowa Corporation (hereinafter called the Grantee) and to its
successors and assigns a nonexclusive franchise and right, for a period of 25 years from and
after the date the ordinance codified by this chapter became effective †, to erect, construct,
reconstruct, maintain and operate within the corporate limits of the City, as the same now are
or may hereafter be located or extended, a power plant or plants for the generation of
electricity and/or a system or systems for the transmission and distribution of electricity,
whether said power plant or plants and transmission and distribution systems have been
heretofore or hereafter may be constructed, together with the franchise and right to enter upon
and to use and occupy the streets, avenues, alleys, bridges, and other public places of the City
as the same are now or may hereafter be located or extended, for the purpose of constructing,
reconstructing, maintaining and operating thereon, therein, thereunder and thereover said
systems for the transmission and distribution of electricity, consisting of poles, posts, wires,
cables, conduits and other equipment, appurtenances and construction necessary or incident to
said systems, including a high potential electric transmission line or lines, to and through the
City, and together with the franchise and right to supply, distribute and sell electric energy to
the City and to the inhabitants thereof and others within and outside the corporate limits of the
City for any and all purposes and upon such terms and conditions and under such restrictions
and regulations as are hereinafter contained, and such other reasonable rules and regulations as
may hereafter be provided by the rule-making body having jurisdiction thereof.
111.02 CONSTRUCTION STANDARDS. The construction of said transmission and

distribution systems shall be in accordance with the specifications of the National Electrical
Safety Code issued by the United States Department of Commerce, Bureau of Standards, as
approved by the State Utilities Board. All poles, posts, wires, cables, conduits and other
equipment, appurtenances and construction connected therewith shall be located, erected,
adjusted and maintained so as not to interfere unreasonably with any improvements the City
avenues, alleys, bridges or other public places.
111.03 RESTORATION OF PUBLIC PROPERTY. Whenever the Grantee, in erecting,

constructing, or maintaining said transmission and distribution systems, shall take up or
bridges or public places of the City, such excavations shall be at once refilled and the
pavement, sidewalk or other improvement replaced to the satisfaction of the City officials.
†
EDITOR’S NOTE: Ordinance No. 85-4 adopting an electric franchise for the City, was passed and
adopted on May 14, 1985.

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CHAPTER 111 ELECTRIC FRANCHISE
111.04 SERVICE EXTENSION. The Grantee shall extend its overhead or underground
transmission and distribution lines for each applicant for light, power, or electric current as
provided by the most current extension rules promulgated by the governing regulatory body.
111.05 RATES. The Grantee shall have the right to supply, distribute, and sell electricity
for any and all purposes to the City and to the inhabitants thereof, and to charge therefor such
just and reasonable rates as may hereafter be fixed and determined by the rate-making body
established under the laws of the State and given jurisdiction thereof.
111.06 SUCCESSORS. All of the provisions of this chapter shall apply to the successors or
assigns of the Grantee, with the same force and effect as they do the Grantee.
111.07 CITY HELD HARMLESS. The Grantee shall hold the City harmless from any and
all causes of action, litigation or damages which may arise through or by reason of the
construction, reconstruction, maintenance and operation of said distribution and transmission
systems and other construction hereby authorized.

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CHAPTER 112
TELEPHONE FRANCHISE
112.02 Construction and Maintenance 112.06 Successors and Assigns
112.03 Restoration of Public Property 112.07 Indemnification
112.04 Extensions
112.01 FRANCHISE GRANTED. The City hereby grants unto South Slope Cooperative
Telephone Company of Norway, Iowa, an Iowa Corporation (hereinafter called the Grantee),
its successors and assigns, a nonexclusive franchise and right, for a period of 25 years from
and after the date the ordinance codified in this chapter became effective, † to erect, construct,
reconstruct, maintain, and operate within the corporate limits of the City, as the same now or
hereafter may be located or extended, a telephone business and system in connection
therewith, along with a telephone exchange, together with the franchise and right to enter upon
and to use and occupy the streets, avenues, alleys, bridges, and other public places of the City
as the same now are or hereafter may be located or extended, for the purpose of constructing,
reconstructing, maintaining, and operating thereon, therein, thereunder, and thereover said
telephone systems consisting of wires, lines, poles, crossarms, posts, cables, conduits, and
other equipment and appurtenances and construction necessary or incidental to said telephone
system, subject to such restrictions as may now exist or hereafter imposed by law. The
franchise granted herein is a nonexclusive right to furnish telephone service to all public and
private customers within the corporate limits of the City and includes the right to collect tolls
and charges for service, the right to install and maintain public telephone booths on public
grounds in such locations and of such design and appearance, for any and all purposes within
the corporate limits of the City, and under such terms and conditions and under such
restrictions and regulations as may exist now or hereafter may be provided by the rulemaking
body having jurisdiction thereof.
112.02 CONSTRUCTION AND MAINTENANCE. The construction of said telephone

system shall be in accordance with the requirements of the State of Iowa Regulatory Board
and the rules promulgated by that body. In addition said construction shall meet the
requirements of this Code of Ordinances. All poles, posts, wires, cables, conduits, and other
equipment, appurtenances, and construction connected therewith shall be located, erected,
adjusted, and maintained so as not to interfere unreasonably with any improvements the City
avenues, alleys, bridges, or other public places.
112.03 RESTORATION OF PUBLIC PROPERTY. Whenever the Grantee, in erecting,

constructing, or maintaining said telephone exchange and distribution system, shall take up or
bridges, or public places of the City, such excavations shall, without unnecessary delay, be
refilled and the pavement, sidewalk, or other improvement replaced to the satisfaction of the
officials of the City.
†
EDITOR’S NOTE: Ordinance No. 90-21adopting a telephone franchise for the City, was passed and
adopted on January 8, 1991.

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CHAPTER 112 TELEPHONE FRANCHISE
112.04 EXTENSIONS. The Grantee shall extend its overhead or underground transmission
and distribution lines for each applicant for telephone service as provided by the most current
extension rules promulgated by the governing regulatory body.
112.05 RATES. Said Grantee shall have the right to supply, distribute, and sell telephone
service for any and all purposes to the City, and to the inhabitants thereof, and to charge
therefor such just and reasonable rates as hereafter may be fixed and determined by the rate-
making body established under the laws of the State of Iowa and given jurisdiction thereof.
112.06 SUCCESSORS AND ASSIGNS. All of the provisions of this chapter shall apply to
the successors or assigns of the Grantee with the same force and effect as they do to the
Grantee itself.
112.07 INDEMNIFICATION. The Grantee shall hold the City harmless from any and all
causes of action, litigation, or damages which may arise through or by reason of the
construction, reconstruction, maintenance, and operation of said distribution and transmission
systems and other construction hereby authorized.

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CHAPTER 113
CABLE TELEVISION FRANCHISE

(SOUTH SLOPE COOPERATIVE)
113.01 Franchise Granted 113.02 Franchise Requirements
113.01 FRANCHISE GRANTED. There is hereby granted to South Slope Cooperative

Telephone Company, Inc., a ten-year nonexclusive franchise to construct, install, maintain or
operate within or on any public street (or other public property of the City) equipment and
facilities for the distribution of cable television signals to the citizens of the City. †
113.02 FRANCHISE REQUIREMENTS. The franchise shall be subject to all of the

following:
1. All the requirements of Chapter 115 of this Code of Ordinances.
2. The terms of the Franchise Agreement between the City and South Slope
Cooperative Telephone Company, Inc. In instances where the terms of the Franchise
Agreement are in conflict with the provisions of Chapter 115 of this Code of
Ordinances, the provisions of Chapter 115 shall apply.
3. All promises and commitments, whether oral or written, made by the
franchise applicant, its officers, agents or employees prior to the approval of the
franchise by the City voters and Council. Such promises and commitments shall be
deemed to be terms of the franchise and subject to the regulatory, administrative, and
other provisions of Chapter 115.
†
EDITOR’S NOTE: Ordinance No. 04-04, adopting a cable television franchise for the City, was
passed and adopted on March 23, 2004. Voters approved the franchise at an election held on May 11,
2004.

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CHAPTER 113 CABLE TELEVISION FRANCHISE
(SOUTH SLOPE COOPERATIVE)
°°°°°°°°°°

- 528 -
CHAPTER 114
CABLE TELEVISION FRANCHISE

(GALAXY TELECOM, L.P.)
114.01 Nonexclusive Franchise 114.15 Rates
114.02 Granted to Galaxy Telecom, L.P. 114.16 Franchise Renewal
114.03 Right of City to Issue Franchise 114.17 Police Powers
114.04 Term 114.18 Franchise Fee
114.05 Franchise Nonexclusive 114.19 Regulation
114.06 Definitions 114.20 Remedies
114.07 Service Area 114.21 Cooperation
114.08 System and Capacity 114.22 Waiver
114.09 Construction 114.23 Cumulative Provision
114.10 System Services After Upgrade 114.24 No Liability
114.11 Access Channels, Equipment, Facilities, and 114.25 Notices
Services 114.26 Captions
114.12 Interconnection 114.27 No Joint Venture
114.13 Subscriber Information and Policy 114.28 Entire Agreement
114.14 Nondiscrimination
114.01 NONEXCLUSIVE FRANCHISE. This section grants a 15-year nonexclusive

franchise renewal to operate a cable television system to Galaxy Telecom, L.P. (hereinafter
referred to as Franchisee). The franchise granted shall, as set forth below, be subject to the
provisions of Chapter 115 of this Code of Ordinances and this chapter. If the terms and
conditions specified in this chapter conflict with Chapter 115, the provisions of Chapter 115
shall apply.
114.02 GRANTED TO GALAXY TELECOM, L.P.

1. Purpose. The purpose of this section is to award a franchise renewal for a
cable television system to Galaxy Telecom, L.P. Franchisee will endeavor to provide
top quality cable service.
2. Enactment. Franchisee is hereby granted a nonexclusive franchise to operate
a cable television system within the City in accordance with Chapter 115 of this Code
of Ordinances, which establishes standards, regulations, and procedures for the
granting of a cable television franchise, this chapter, and the rules and regulations
adopted by the City’s Telecommunications Commission, all Ordinances of the City,
and all applicable rules and regulations of the Federal Communications Commission
and the State.
3. Effective Date. The franchise is effective upon an acceptance filed by the
Franchisee with the City.
4. Use of Public Ways. For the purpose of operating and maintaining a cable
television system in the City, Franchisee may erect in, over, under, or upon, across,
and along the public streets, alleys, and ways within the City such wires, cables, fiber
optics, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals,
attachments, and other property and equipment as are necessary and appurtenant to the
operation of the cable television system in the City and in accordance with this
chapter and Chapter 115 of this Code of Ordinances.
114.03 RIGHT OF CITY TO ISSUE FRANCHISE. Franchisee acknowledges and

accepts the legal right of the City to issue the franchise.

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114.04 TERM. The term of the franchise renewal shall be for a period of 15 years from the
effective date, unless sooner terminated as provided in Chapter 115, at which time it shall
expire and be of no further force and effect. †
114.05 FRANCHISE NONEXCLUSIVE. Consistent with the requirements of Chapter

115, the franchise shall not be construed as any limitation upon the right of the City to grant to
other persons rights, privileges, or authorities similar to the rights, privileges, and authorities
herein set forth, in the same or other streets, alleys, or other public ways or public places. The
City specifically reserves the right to grant at any time during the term of the franchise or
renewal thereof, if any, such additional franchises for a cable communications system as it
deems appropriate. In the event the City enters into a franchise with any other person or entity
other than the Franchisee to enter into the City’s streets and public ways for the purpose of
constructing or operating a cable television system to any part of the service area, the material
provisions thereof shall be reasonably comparable to those contained herein, taking into
account the size and population of the franchised area, including (but not limited to) franchise
fees, external costs, access fees, if applicable, design, term, density requirements, and system
capacity requirements. In the event that the City grants another cable television franchise,
Franchisee may petition the City to modify the terms of this chapter that Franchisee does not
believe are reasonably comparable to those of any other franchise. The City shall act on the
petition as soon as practicable.
114.06 DEFINITIONS. All definitions set forth in Chapter 115 pertain to this chapter and
shall be relevant to the purposes and meaning of this chapter.
114.07 SERVICE AREA.

1. Service to all Residents. Franchisee shall offer cable television service to all
areas of the City which are in the corporate limits of the City of North Liberty and that
meet the density requirements under subsection 2 of this section, on the effective date
of the franchise.
2. New Residential Construction. Franchisee shall extend service to all new
residences in all unwired developments within six months of a request of a subscriber
in an area to be served by underground construction and within three months of a
request of a subscriber for areas to be served aerially, whenever density of at least 25
residential dwelling units per cable plant mile; as measured from the existing facilities
of Franchisee’s cable system in the franchise area. For purposes of this section,
density per cable mile shall be computed by dividing the number of residential
dwelling units in the area by the length (in miles or fractions thereof) of the total
length of aerial or underground cable necessary to make service available to the
residential dwelling units in such area in accordance with Franchisee’s system design
parameters. The cable length shall be measured from the nearest point on the then-
existing system. The total cable length shall exclude the drop cable necessary to serve
individual subscriber premises.
3. Service Area. The service area of Franchisee shall be the entire corporate
boundaries of the City and includes any areas annexed to the City in the future.
†
EDITOR’S NOTE: Acceptance of the terms and conditions of the franchise agreement was filed on
April 16, 1998.

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4. Commercial Service. Franchisee shall, upon request, make service available

to all commercial/industrial establishments served aerially which are located within
250 feet of the system.
5. House Moving. Franchisee shall, upon the request of the City, move and
replace its facilities to accommodate house moves conducted on behalf of the City, at
a time and material cost to the City. Wherever feasible, the City shall use its best
efforts to ensure that house moves follow the same or similar path.
114.08 SYSTEM AND CAPACITY.

1. System. The parties understand and agree that Franchisee shall construct a
cable system with a signal capacity of 550 MHz according to the construction
timetable below. The system shall be operated in accordance with performance
standards which meet or exceed FCC regulations.
2. Construction Timetable. Franchisee shall increase the signal capacity of the
system to 500 MHz within three years after the date of the franchise renewal.
Franchisee shall upgrade the channel capacity of the system to 550 MHz within six
years after such date.
3. Construction Oversight. Franchisee will inspect 100% of all fiber and coaxial
cable to insure that it meets the specifications of Chapter 115 and this chapter. The
Franchisee shall designate an employee to act as a company representative for
responding to public service complaints on a daily basis during the rebuild and
provide the City with the person’s name and telephone number.
4. Compliance with Applicable Law. In constructing, operating, and
maintaining the system, Franchisee shall at all times comply with Chapter 115 and all
applicable laws and regulations.
5. Equipment Quality. Equipment used for the distribution system, headend and
reception facilities shall be of good and durable quality and be serviced and repaired
on a regular basis.
6. Converters. All programming services exclusively offering adult rated
programming shall provide picture and audio scrambling of services not purchased by
a specific subscriber.
7. Upstream Capacity for City Use. Franchisee shall enter discussions with the
City concerning the City’s possible use of up and downstream capacity on the cable
system not to exceed one-half (1/2) MHz in either direction, to allow the City to
collect data and other signals from subscriber homes or City sites for non-commercial
governmental and education purposes only. Franchisee shall cooperate with the City
on pilot projects and City-wide implementation, including (but not limited to) City
installation and use of equipment which utilizes a larger amount of bandwidth than
described above, if necessary, so long as the actual bandwidth utilized by the City is
the same or less than that described above. Franchisee shall allow the City to co-
locate necessary equipment on the cable system provided said equipment does not
interfere with the system’s integrity. The Franchisee may provide such capacity to the
City at a rate which, at a maximum, shall be equal to the lowest rate provided to any
commercial customer or subsidiary company. Ongoing maintenance charges will be
at cost plus a reasonable profit and, at the City’s option, such cost will be paid by the
City or a third party.

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8. Emergency Alert. Franchisee shall provide an all-channel audio-only

emergency alert system for use by the City by the end of the second year following
the date of the franchise renewal. The emergency alert service shall be upgraded
throughout the franchise term as set forth in FCC rules, regulations, or guidelines.
The Franchisee shall not be held responsible for any failure of the emergency alert
system to operate during any emergency.
9. Test Equipment. Throughout the term of the franchise, Franchisee shall have
accessible to the City within a 24-hour period adequate test equipment to troubleshoot
system problems and monitor system performance as required by this chapter and
applicable FCC regulations.
10. Ongoing Preventive Maintenance. Franchisee will comply with the
preventive maintenance program. It is the Franchisee’s responsibility to make sure
that the City is covered and all detected leaks are repaired each quarter.
11. Satellite Earth Station. The system configuration shall include earth stations
if necessary to ensure the ability to receive signals from operational communications
satellites that predominately carry programming services available to cable systems
throughout the life of the franchise.
12. Standby Power. Franchisee shall provide a suitable standby power-generating
capacity at the headend. Franchisee shall maintain standby power system supplies,
rated for at least two and one-half (2.5) hours’ duration at all optical node locations in
the distribution network.
13. Parental Control Devices. Franchise shall provide to subscribers, upon
request, parental control devices that allow any channel or channels to be locked out.
Such devices shall block both the video and the audio portion of such channels to the
extent that both are unintelligible. The cost to subscribers for parental control devices
is subject to FCC regulation.
14. Performance Testing. Franchisee shall perform all system tests and
maintenance procedures as required by and in accordance with the FCC, this chapter
and Chapter 115, Franchisee’s standards of good operating practice, and the National
Cable Television Association’s test procedure guidelines.
15. Technical Standards. The cable communications system permitted to be
operated hereunder shall be installed and operated in conformance with Chapter 115,
this chapter, and the FCC rules and regulations. Any FCC technical standards or
guidelines related to the cable communications system and facilities shall be deemed
to be regulations under this chapter. At such time as the FCC does not regulate
technical standards, Franchisee will continue to comply with the FCC standards which
were in effect on the effective date of the franchise, unless such compliance becomes
commercially or technically impracticable.
16. Employee Identification. Franchisee shall provide a standard identification
document to all employees, including employees of subcontractors, who will be in
contact with the public. Such documents shall include a telephone number that can be
used to verify identification. In addition, Franchisee shall use its best efforts to clearly
identify all field personnel, vehicles, and other major equipment that are operating
under the authority of Franchisee.
17. Stereo. When commercially practicable, the system will have the capability
and shall provide Broadcast Television Systems Committee (BTSC) stereo signals.

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114.09 CONSTRUCTION.
1. System Design Review. The City shall have the authority to review the
technical design plans of the system to ensure that the system design meets the
requirements of this chapter and Chapter 115, as well as applicable portions of this
Code of Ordinances governing construction within public rights-of-way and
applicable design standards. Franchisee shall provide the following design
information: engineering design maps; key for design maps; system level design
information (e.g., block diagram of headend, satellite or off-air studies, power supply
map); test plan for the existing coaxial cable to be used in the system; and contact
engineer who will be available to discuss project details. On a case-by-case basis,
Franchisee may use existing coaxial cable which meets manufacturer specifications.
Franchisee shall perform end of the line tests to ensure that the coaxial cable plant
tested performs according to manufacturer specifications. In cases where the cable
does not meet such specifications, Franchisee shall replace the cable and shall use its
best efforts to minimize disruption to affected subscribers. The City shall protect the
proprietary system design information submitted by Franchisee. The Franchisee shall
send the design information to the location specified by the City as such maps are
available to the Franchisee. Franchisee’s regional engineer will review the design
with City-designated persons.
2. Construction Manual. Franchisee shall construct the system in accordance
with Franchisee’s construction manual on file with the City Clerk. The Franchisee
shall follow the permitting process as specified by this Code of Ordinances.
3. Underground Construction. Franchisee shall participate in and use Iowa One
Call and ensure that cable is buried at a depth of 12 inches. Temporary drops will be
buried within one month of installation, weather permitting.
4. Consumer Compatibility. Franchisee shall comply with FCC consumer
compatibility rules and guidelines and will use its best efforts to provide subscriber
friendly technology. The basic tier of service shall be offered in a format compatible
with FCC regulations.
5. Conversion. Subscribers shall not be charged by Franchisee for conversion
from the existing system to any new system constructed by Franchisee. In the event
that special additional or customized equipment is requested by any subscriber or is
required to provide such service to any subscriber, Franchisee may charge the
subscriber for such equipment. Franchisee will notify subscribers and the public in
general of any cutover, using a combination of at least two of the following: bill
inserts; direct mail; news releases; radio announcements; CSR training; and
community bulletin board announcements. Internal wiring shall comply with the
applicable Electrical Codes.
114.10 SYSTEM SERVICES AFTER UPGRADE.

1. Initial Residential Subscriber Services. During the upgrade period,
Franchisee shall initially provide the same or similar programming as currently
provided on the system.
2. Additional Services. Upon completion of the upgrade, Franchisee shall
provide a minimum of four new channels and a good mix of entertainment and
information programming generally available to the cable television industry, taking
into account the needs and interest of the population of the City. Franchisee shall use

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its best efforts to provide the programming that has the highest degree of community
interest and that would serve the community interest as indicated in the Needs
Assessment Survey conducted on behalf of the City during the renewal process and as
updated periodically by the City or the Franchisee.
3. Leased Access Channels. Franchisee shall offer leased access channels at
such terms and conditions and rates as may be negotiated with each lessee subject to
the requirements of Section 612 of the Cable Act.
4. Cable Drops and Monthly Service. Franchisee shall provide one free cable
drop and free, basic and tier services, excluding premium services, audio services,
pay-per-view, etc., to locations already provided with free drops, and at any other
public buildings designated by the City. All non-premium programming and closed-
circuit training programming shall be transmitted to all of these locations on the cable
system, free of charge.
5. Institutional Channels. If allowed by Federal law and regulation, and if
commercially practicable, the government and educational access channels shall be
provided with the capability to transmit closed-circuit institutional programming.
Franchisee shall assist the City in obtaining the necessary headend equipment for
modulation, scrambling, and cablecasting of the closed-circuit signals.
6. Closed Captioning. Franchisee shall pass through all closed-circuit signals
received by the system for the hearing impaired.
114.11 ACCESS CHANNELS, EQUIPMENT, FACILITIES, AND SERVICES. In

order to develop and promote public educational, and government access programming for the
system’s access channels, Franchisee hereby agrees to provide the following:
1. Access Channels. Franchisee shall maintain the current number and position
of the access channel. Within 120 days after the date of the franchise renewal,
Franchisee shall provide the City a second channel for PEG access. After the
upgrade, the Franchisee shall use its best efforts to maintain the cable channel position
of the access channels in existence on the effective date of the franchise. After the
upgrade and upon the request of the City, whenever the access channels as set forth in
this section show documented proof of performance that they are in use 80% of the
cablecast week for any six-week consecutive timeframe, given at least 12 hours per
day, seven days per week cablecast schedule, with at least 80% (of the time the
channel is programmed) unduplicated locally originated programming, the Franchisee
shall make up to two additional access channels available as necessary for access use
within six months of receipt of request by the City. Programming consisting primarily
of text messages shall not be included in calculating PEG access use. Such additional
PEG access capacity shall be dedicated for the type of access specified by the City.
All active access channels shall be placed on the basic tier of service, unless both
parties mutually agree otherwise.
2. Local Programming Fee. As soon as practicable after the date of the franchise
renewal, but in no event later than 120 days, the City and the Franchisee shall provide
for the assessment and collection of a $0.50 per subscriber/per month local
programming fee as follows:
A. Representatives of the City and the Franchisee shall develop a joint
notice to subscribers that describes the purpose of the fee and the City’s plans
for the proceeds from the fee.

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B. The City and Franchisee shall also cooperate on other means of

explaining the fee to subscribers, including the use of newspaper
announcements and announcements on the cable system.
C. Within 45 days after the delivery of the joint notice to subscribers,
Franchisee shall adjust its monthly bills to include the $0.50 per subscriber
fee.
D. On a quarterly basis thereafter, Franchisee shall pay to the City the
equivalent of $0.50 per subscriber per month, adjusted for nonpayment.
E. The City shall use the proceeds of the fee to help support PEG access
programming.
F. Within 15 months after the initial assessment of the fee, the City shall
complete a review of the fee. After the initial review, the City may conduct
similar reviews periodically at its discretion. A review shall include an
opportunity for public comment on matters relating to the fee. After a review,
if the City determines that collection of the fee is no longer necessary or
desirable for the support of PEG programming, the City shall notify
Franchisee that it will cease assessing the fee and that payment of the fee to
the City is no longer required.
G. Both parties agree that this fee shall not be deducted from the cable
franchise fee.
3. Optical Transmission Equipment. The Franchisee agrees to provide one
digital, optical transmission package upon request of the City, if the Franchisee
converts the basic service tier to digital transmission technology. The Franchisee
agrees to connect the optical equipment using coaxial cable or fiber optics with the
local origination site specified by the City.
4. Signal Quality. Franchisee shall assure that the access channel delivery
system from the City Hall and all other origination points specified herein meet the
same technical standards as the remainder of the system as set forth in Section 114.08
of this chapter.
5. Treatment. The Franchisee will confer with the City on the content and
format of any separate line item on the monthly bill related to local programming.
6. Origination Sites. The Franchisee shall maintain and/or replace and maintain
throughout the franchise term the active origination lines from the locations from
which local programming can be originated on the effective date of the franchise to
the Franchisee’s headend.
7. Access Capital Grant and Access Channel. Within 120 days after the
effective date of the franchise agreement, the Franchisee will provide the City with an
$11,000 up-front capital grant to be used for the cost of the technical interconnection
to the Government Channel 4 from Iowa City, Iowa, which Galaxy shall perform at
the City’s request. This Government Channel 4 shall be imported and broadcast on
the North Liberty Cable System on a basic service channel to be agreed upon with the
City. All negotiations with Iowa City for permission for this technical
interconnection, for Government Channel 4 from Iowa City, and all related
programming costs shall be the responsibility of the City of North Liberty. In the
event that the City is unsuccessful in its negotiations with Iowa City and is therefore

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unable to obtain Government Channel 4, the $11,000 capital grant may be used for
PEG access equipment and/or access facilities, as the City deems appropriate.
8. Access Publicity. The Franchisee agrees to insert into subscriber handbooks
information about local access channels. The cost of printing, etc. of this information
shall be the sole responsibility of the access programming provider (government,
education, public). The Franchisee reserves the right to approve content. The
Franchisee agrees to allow billing messages or bill stuffers to be included in
subscriber’s bills at the rate of one per year subject to approval of content by the
Franchisee, availability, and adequate advance notice. The cost of printing and
insertion shall be the responsibility of the access programming providers (government,
education, public).
114.12 INTERCONNECTION. Franchisee’s system shall be designed to be

interconnected with other adjacent systems. At a minimum, the system shall be capable of
interconnection with the access channel programming on other adjacent systems.
114.13 SUBSCRIBER INFORMATION AND POLICY.

1. Subscriber Information. At the time an installation or service agreement is to
be signed or at the time Franchisee solicits residents, Franchisee shall furnish to each
subscriber a simple but thorough written explanation of all services offered; the fees,
charges, terms and conditions of such services; information regarding billing and
service calls; complaints; information regarding the availability of parental control
devices; and a complete statement of the subscriber’s right to privacy in conformance
with 47 U.S.C. Section 551, as it may be amended. Thereafter, Franchisee shall
provide subscribers with privacy information and other information, as required by
FCC regulations, as amended. Such subscriber information shall be filed with the
City concurrent with distribution to subscribers.
2. Business Offices and Personnel. Franchisee shall establish and maintain a
business office within the City which shall, at a minimum, be open to receive
payments and subscriber equipment for at least 40 hours per week, except for holiday
periods. Franchisee shall also provide personnel, telephone service, including a
locally listed telephone number, and other equipment, as needed within the area, to
ensure timely, efficient, and effective service to consumers and for the purpose of
receiving inquiries, requests, and complaints concerning all aspects of the
construction, installation, operation, and maintenance of the system and for the
payment of subscribers’ service charges.
3. Subscriber Complaints. Pursuant to Chapter 115 of this Code of Ordinances,
Franchisee shall promptly respond to and resolve all subscriber complaints. However,
nothing herein shall require Franchisee to maintain or repair any equipment not
provided by it.
4. Major Outages. Franchisee shall maintain records of all major outages,
defined as a discontinuation of cable service from one or more fiber nodes in the City.
Such records shall indicate the estimated number of subscribers affected, the date and
time of first notification or of Franchisee knowledge of the outage, the date and time
service was restored, the cause of the outage, and a description of the corrective action
taken. Such records shall be available to the City during normal business hours upon
reasonable prior notice and retained in Franchisee’s files for not less than three (3)

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years. Upon written request of the City, a statistical summary of such records shall be
prepared by Franchisee and submitted to the City annually.
5. Customer Handbook. Franchisee shall provide written customer policies or a
handbook to all new subscribers and, thereafter, upon request. Franchisee’s written
customer policies or handbook shall, at a minimum, comply with all notice
requirements in Chapter 115 and regulations promulgated by the FCC. If Franchisee’s
operating rules are changed, subscribers shall be notified in a timely manner. Rate
and consumer complaint information will be distributed annually to subscribers.
Franchisee shall file a consumer handbook with the City annually.
6. TDD. Within 180 days of the effective date of the franchise, Franchisee shall
install a TDD machine to receive consumer messages from the hearing impaired.
7. Repair Calls. Franchisee shall offer subscribers repair service appointments
in four-hour windows. The Franchisee shall endeavor to telephone the subscriber
prior to arriving for a repair call. Franchisee will conduct repair calls on weekdays
and Saturdays.
8. Installation. Subscriber service shall be installed within seven days of a
request during normal operating conditions.
9. Administrative Fee and Disconnects. Administrative fees are charged on any
accounts which have not been paid prior to the next billing cycle. Disconnection of
accounts due to nonpayment occurs no sooner than after 45 days of due date.
10. Subscriber Bill. Franchisee shall include its name, address, and telephone
number on the subscriber bill and the portion of the bill retained by the subscriber.
114.14 NONDISCRIMINATION. Franchisee agrees that it shall not discriminate in

providing service to the public or against any employee or applicant for employment because
of race, color, creed, religion, sex, disability, gender identity, national origin, age, sexual
orientation, or marital status. In the employment of persons, Franchisee shall fully comply
with applicable local, State and Federal law, and shall take affirmative action to ensure that
applicants are employed and that employees are treated during employment without regard to
their race, color, creed, religion, sex, disability, gender identity, national origin, age, sexual
orientation, or marital status.
114.15 RATES. The City shall have the ability to regulate rates in accordance with Federal
law.
114.16 FRANCHISE RENEWAL. Subject to 47 U.S.C. Section 546, as amended, the

franchise may be renewed by the City in accordance with Chapter 115.
114.17 POLICE POWERS. In accepting the franchise, Franchisee acknowledges that its
rights hereunder are subject to the police powers of the City to adopt and enforce general
ordinances necessary to the safety and welfare of the public and it agrees to comply with all
applicable general laws and ordinances enacted by the City pursuant to such power.
114.18 FRANCHISE FEE. Franchisee shall pay to the City a franchise fee of five percent
of gross annual revenues or the maximum amount permitted by law, whichever is higher,
during the period of its operation under the Franchise, pursuant to the provisions of Chapter
115. Any increase in the franchise fee shall be implemented as soon as practicable, but no
longer than forty-five (45) days.

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114.19 REGULATION.
1. The City shall exercise appropriate regulatory authority under the provisions
of Chapter 115 and this chapter. Regulation may be exercised through any duly
designated City office or duly established Board or Commission or other body of the
City.
2. Franchisee, by accepting the rights hereby granted, agrees that it will perform
and keep all lawful acts and obligations imposed, represented, or promised by the
provisions of this chapter, Chapter 115, and the renewal proposal.
114.20 REMEDIES.
1. Schedule of Liquidated Damages. Because Franchisee’s failure to comply
with certain material provisions of this chapter and Chapter 115 will result in injury to
the City or to subscribers, and because it will be difficult to estimate the extent of such
injury, the City and Franchisee hereby agree that the liquidated damages and penalties
stated in Chapter 115 represent both parties’ best estimate of the damages resulting
from the specified injury.
2. Violations. For the violation of any of the following, the City shall notify
Franchisee in writing of the violation. The City shall provide Franchisee with a
detailed written notice of any Franchise violation upon which it proposes to take
action, and there shall be a 30-day period within which Franchisee may demonstrate
that a violation does not exist or to cure an alleged violation or, if the violation cannot
be corrected in 30 days, submit a plan satisfactory to the City to correct the violation.
If an alleged violation is proven to exist, following a duly noticed public hearing, and
no cure or action on a plan acceptable to the City has been received by the City within
30 days, such liquidated damages shall be chargeable to the Letter of Credit as set
forth in Chapter 115 if not tendered by Franchisee within 30 days. Franchisee may
petition the Council for relief with just cause. The imposition of liquidated damages
shall not preclude the City from exercising the other enforcement provisions of
Chapter 115, including revocation, or other statutory or judicially imposed penalties.
Liquidated damages may be imposed as follows:
A. For failure to complete construction or extend service in accordance
with franchise: $100/day for each day the violation continues.
B. For failure to comply with requirements for public educational and
government access: $100/day for each day the violation continues.
C. For failure to submit reports, maintain records, provide documents or
information: $100/day for each day the violation continues.
D. For violation of customer service standards required by this chapter,
Chapter 115, or by FCC regulation: $100/day per standard violated.
E. For violation of the books and financial records provisions of this
chapter and Chapter 115: up to $100/day for each day the violation continues.
F. For violation of other material provisions of this chapter or Chapter
115: up to $100/day for each day the violation continues.
114.21 COOPERATION. The parties recognize that it is within their mutual best interests
for the cable television system to be operated as efficiently as possible in accordance with the
requirements set forth in this agreement. To achieve this, parties agree to cooperate with each

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other in accordance with the terms and provisions of this franchise. Should either party believe
that the other is not acting timely or reasonably within the confines of applicable regulations
and procedures in responding to a request for action, that party shall notify the person or
agents specified herein. The person or agent thus notified will use its best effort to facilitate
the particular action requested.
114.22 WAIVER. The failure of the City at any time to require performance by Franchisee
of any provision hereof shall in no way affect the right of the City hereafter to enforce the
same. Nor shall the waiver by the City of any breach of any provision hereof be taken to be a
waiver of any succeeding breach of such provision, or as a waiver of the provision itself.
114.23 CUMULATIVE PROVISION. The rights and remedies reserved to the City by
this franchise are cumulative and shall be in addition to and not in derogation of any other
rights or remedies which the City may have with respect to the subject matter of this franchise,
and a waiver thereof at any time shall have no effect on the enforcement of such rights or
remedies at a future time.
114.24 NO LIABILITY. Nothing herein shall be deemed to create civil liability by one
party for action, omissions or negligence of the other party, or of a party's agents, employees,
officers or assigns. Each party shall be solely liable for claims against it by third parties,
whether arising under the Cable Act or under any other provision of law.
114.25 NOTICES. All notices from Galaxy Telecom, L.P. to the City pursuant to this
agreement shall be sent to the following address for the conduct of matters related to the
franchise. All notices to the City should be sent to: Cable Administrator, City of North
Liberty, 25 West Cherry Street, P.O. Box 67, North Liberty, Iowa 52317. All notices to
Galaxy Telecom, L.P. from the City shall be sent to these addresses: 185 HWY 965 #6, North
Liberty, IA 52317 with a copy to Galaxy Cablevision, 1220 North Main Street, Sikeston,
Missouri 63801.
114.26 CAPTIONS. Captions to sections throughout this franchise are solely to facilitate
the reading and reference to the sections and provisions of the agreement. Such captions shall
not affect the meaning or interpretation of the agreement.
114.27 NO JOINT VENTURE. Nothing herein shall be deemed to create a joint venture or
principal-agent relationship between the parties, and neither party is authorized to, nor shall
either party act toward third persons or the public, in any manner which would indicate any
such relationship with the other.
114.28 ENTIRE AGREEMENT. This agreement and all attachments hereto, and the
ordinance and all attachments thereto, as incorporated herein, represent the entire
understanding and agreement between the parties hereto with respect to the subject matter
hereof, supersede all prior oral negotiations between the parties, and can be amended,
supplemented, modified, or changed only as provided in said ordinance.

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CHAPTER 115
CABLE TELEVISION REGULATIONS

115.01 Intent 115.29 Quality of Service
115.02 Title 115.30 Tenant’s Rights
115.03 Definitions 115.31 Rights of Individuals
115.04 Franchise Territory 115.32 Continuity of Service
115.05 Police Powers 115.33 Records
115.06 Grant of Franchise 115.34 Regulatory Authority
115.07 Franchise Acceptance 115.35 Regulatory Responsibility
115.08 Transfer of Ownership or Control 115.36 Public Usage of the System
115.09 Franchise Renewal 115.37 Rates
115.10 Franchise Fee 115.38 Performance Review
115.11 Revocation 115.39 System Review
115.12 Procedures on Termination 115.40 Annual Reports
115.13 Receivership, Condemnation, and Foreclosure 115.41 System Survey Reports
115.14 Franchise Processing Costs 115.42 Complaint File and Reports
115.15 Authority for Use of Streets 115.43 Other Reports and Inspections
115.16 Conditions on Use of Streets 115.44 Remedies for Franchise Violations
115.17 Erection of Poles 115.45 Nonperformance Excused
115.18 Underground Installation 115.46 Construction Bond
115.19 Relocation 115.47 Performance Bond
115.20 Placement of Buildings 115.48 Work Performed by Others
115.21 System Design and Construction 115.49 Grantee Insurance
115.22 Construction Standards 115.50 Indemnity
115.23 Technical Standards 115.51 Alternate Remedies
115.24 Services 115.52 Non-Enforcement
115.25 Consumer Service Standards 115.53 Compliance with Law
115.26 Proof of Compliance 115.54 Unauthorized Reception or Sale of Cable Services
115.27 Complaint Procedures 115.55 Waiver or Exemption
115.28 Subscriber Notice 115.56 Force Majeure
115.01 INTENT. The City finds that the development of cable communications systems
has the potential of great benefit and impact upon the residents of the City. Because of the
complex and rapidly changing technology associated with cable television, the City finds that
the public health, safety, and general welfare can best be served by establishing certain
regulatory powers in the City, as this chapter shall designate. It is the intent of this chapter to
provide for the means to attain the best possible communication and developmental results in
the public interest and for such public purpose. Any franchise granted pursuant to this chapter
shall be deemed to include these findings as an integral part thereof.
115.02 TITLE. The ordinance codified in this chapter shall be known and may be cited as
the “North Liberty Cable Television Regulatory and Franchise Enabling Ordinance of 1997.”
115.03 DEFINITIONS. The following words shall have the meaning set forth in this
section unless the context clearly requires otherwise:
1. “Access channel” means any channel used as an access channel as defined in
the Cable Communications Policy Act of 1984 (47 USC 521 et seq.) as amended by
the Cable Television Consumer Protection and Competition Act of 1992 and the
Telecommunications Act of 1996 (the Act).
2. “Basic cable service” means any service tier which includes, at a minimum,
the transmission of local television broadcast signals, local access channels, and any
other television signals.

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CHAPTER 115 CABLE TELEVISION REGULATIONS
3. “Basic cable equipment” means the equipment used by subscribers to receive

the basic service tier, including (but not limited to) converter boxes, remote controls,
connections for additional television sets and cable home wiring.
4. “Broadcast services” means a broad category of programming which is
received from broadcast television, low-power television, and radio stations and is
capable of being received in the City.
5. “Cable service” means:
A. The one-way transmission to subscribers of video programming or
other programming services; and
B. Subscriber interaction, if any, which is required for the selection of
such video programming or other programming service.
6. “Cable system” means a facility consisting of a set of closed transmission
paths and associated signal generation, reception, and control equipment that is
designed to provide cable service, which includes video programming and which is
provided to multiple subscribers within a community, but such term does not include:
A. A facility that serves only to retransmit the television signals of one
or more television broadcast stations;
B. A facility that serves only subscribers without using any public right-
of-way;
C. A facility of a common carrier, which is subject, in whole or in part,
to the provisions of subchapter II of the Cable Act, except that such facility
shall be considered a cable system (other than for purposes of 621(c) of the
Cable Act) to the extent such facility is used in the transmission of video
programming directly to subscribers unless the extent of such use is solely to
provide interactive on-demand services;
D. An open video system that complies with Section 653 of the Cable
Act;
E. Any facilities of any electric utility used solely for operating its
electric utility system.
7. “Cablecast signal” means a non-broadcast signal that originates within the
facilities of the cable system.
8. “Channel” or “cable channel” means a portion of the electromagnetic
frequency spectrum which is used in a cable system and which is capable of
delivering a television channel as defined by the Federal Communications
Commission.
9. “Commence construction” means the time and date when construction of the
cable communications system is considered to have commenced, which shall be when
the first connection is physically made to a utility pole, or undergrounding of cables is
initiated, after preliminary engineering (including strand mapping) and after all
necessary permits and authorizations have been obtained.
10. “Commence operation” means that time and date when operation of the cable
communications system is considered to have commenced which shall be when
sufficient distribution facilities have been installed so as to permit the offering of full
services to at least 25 percent of dwelling units located within the franchise area.

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11. “Commercial use channels” means the channel capacity designated for
commercial use as defined and required by Federal law.
12. “Completion of construction” means that point in time when all distribution
facilities specified in the franchise agreement have been installed by the grantee so as
to permit the offering of cable service to all of the potential subscribers in the
franchise area, as well as the provision, in an operational state, of any facilities
required by the franchise agreement.
13. “Control” or “controlling interest” means actual working control or ownership
of a North Liberty cable system in whatever manner exercised. A rebuttable
presumption of the existence of control or a controlling interest shall arise from the
beneficial ownership, directly or indirectly, by any person or entity (except
underwriters during the period in which they are offering securities to the public) of
20 percent or more of a North Liberty cable system or the franchise under which the
system is operated. A change in the control or controlling interest of an entity which
has control or a controlling interest in a grantee shall constitute a change in the control
or controlling interest of the North Liberty cable system under the same criteria.
Control or controlling interest as used herein may be held simultaneously by more
than one person or entity.
14. “Converter” means an electronic device which converts signal carriers from
one form to another.
15. “Dwelling unit” means any individual or multiple residential place of
occupancy.
16. “FCC” means the Federal Communications Commission and any legally
appointed or elected successor.
17. “Franchise” means the right granted through a franchise agreement between
the City and a person by which the City authorizes such person to erect, construct,
reconstruct, operate, dismantle, test, use, and maintain a system in the City.
18. “Franchise agreement” means a contractual agreement entered into between
the City and any grantee hereunder which is enforceable by City and said grantee and
which sets forth the rights and obligations between City and said grantee in
connection with the franchise.
19. “Franchise fee” means any assessment imposed hereunder by the City on a
grantee solely because of its status as a grantee. The term “franchise fee” does not
include:
A. Any tax, fee, or assessment of general applicability (including any
such tax for or assessment imposed on both utilities and cable operators or
their services, but not including a tax, fee, or assessment which is unduly
discriminatory against grantee);
B. Capital costs which are required by the franchise to be incurred by
grantee for educational or governmental access facilities;
C. Requirements or charges incidental to the awarding or enforcing of
the franchise, including payments for bonds, security funds, letters of credit,
insurance, indemnification, penalties or liquidated damages; or
D. Any fee imposed under Title 17, United States Code.

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20. “Grantee” or “applicant” means any person granted a franchise hereunder, its
agents, employees, or subsidiaries.
21. “Gross revenue, annual” means all revenue received from all sources in
connection with the operation of grantee’s cable system to provide cable service.
Gross revenues include, without limitation, amounts for all cable service, including
(but not limited to) basic service and tier service, premium and pay-per-view services,
leased access, installation, and all other revenues derived from the operation of
grantee’s cable television system to provide cable services, adjusted for nonpayment.
Gross revenues shall not deduct the following: (i) any operating expense; (ii) any
accrual, including without limitation any accrual for commissions; or (iii) any other
expenditures, regardless of whether such expense, accrual, or expenditure reflects a
cash payment, but revenue shall be counted only once in determining gross revenues.
Gross revenues also include the revenue of any affiliate, subsidiary, parent, or any
person or entity in which each grantee has a financial interest, derived from the
operation of the cable television system to provide cable services, to the extent such
revenue is derived through any means that has the effect of avoiding the payment of
franchisee fees that would otherwise be paid to the City. Revenues of both grantee
and an affiliate, subsidiary, parent, or any person or entity in which the grantee has a
financial interest that represent a transfer of funds between them and that would
constitute gross revenues of both the grantee and the affiliate, subsidiary, parent, or
any person or entity in which the grantee has a financial interest shall be counted only
once for purposes of determining gross revenues. Gross revenues shall not include
franchise fees, any other fee, assessment, sales, or other similar tax imposed by law on
subscribers or that grantee is legally obligated to collect.
22. “Initial service area” means the area of the City which will receive service
initially, as set forth in the franchise agreement.
23. “Installation” means the connection of the system from feeder cable to
subscribers, terminals, and the initial provision of service.
24. “Leased access” means the use of the system by any business enterprise or
other entity, whether profit, nonprofit or governmental, to render services to the
citizens of the City, and includes all use pursuant to Section 532 of the Cable Act.
25. “Local origination channel” means any channel where the grantee or its
designated agent is the primary programmer, and provides locally produced video
programs to subscribers.
26. “Normal business hours,” as applied to the grantee, means those hours during
which similar businesses in the City are open to serve customers. In all cases, normal
business hours must include some evening hours at least one night per week and/or
some weekend hours.
27. “Normal operating conditions” means those service conditions which are
within the control of the grantee. Those conditions which are not within the control of
the grantee include (but are not limited to) natural disasters, civil disturbances, power
outages, telephone network outages, and severe or unusual weather conditions. Those
conditions which are ordinarily within the control of the grantee include (but are not
limited to) special promotions, pay-per-view events, rate increases, regular peak or
seasonal demand periods, and maintenance or upgrade of the cable system.

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28. “Person” means any individual, firm, corporation, limited liability company,
partnership, association, joint venture or organization of any kind and the lawful
trustee, successor, assignee, transferee or personal representative thereof.
29. “Public education and government access facilities” or “PEG access facilities”
means the total of the following:
A. Channel capacity designated for public educational or governmental
use; and
B. Facilities and equipment for the use of such channel capacity.
30. “Resident” means any person residing in the City as otherwise defined by
applicable law.
31. “School” means any public or private elementary school, secondary school,
junior college, college, or university which conducts classes or provides instructional
services and which has been granted a certificate of recognition by the State of Iowa.
32. “Service area” is synonymous with “franchise territory” as defined in Section
115.04 of this chapter.
33. “Service interruption” means the loss of picture or sound on one or more
cable channels.
34. “Street” means the surface of and the space above and below any public
street, road, highway, freeway, easement, lane, path, alley, court, sidewalk, parkway,
driveway, or other public way now or hereafter existing as such within the City.
35. “Subscriber” means any person who legally receives any one or more of the
services provided by the system.
36. “Telecommunications Commission” is the advisory body to Council on
matters pertaining to the cable system and telecommunication system within the City.
See Chapter 25 of this Code of Ordinances for specifics regarding this body.
115.04 FRANCHISE TERRITORY. A franchise granted under this chapter is for the
corporate territorial limits of the City, as they may exist now and in the future.
1. Service to All Residents. Grantee shall offer cable television service to all
areas of the City, as specified in the franchise agreement.
2. New Residential Construction. Grantee shall extend service to all new
residences in all unwired developments as specified in the franchise agreement.
3. Grantee shall offer service at rates that conform to any requirements of
Federal, State, or local law. Grantee may, however, discontinue or refuse service to
subscribers and potential subscribers who have not paid applicable charges. Further,
the grantee may offer special services or rates to senior citizens, or services to
commercial subscribers at rates different from those charged residential subscribers,
which include (but are not limited to) charges for installation on a time and material
basis. The grantee may also enter into separate contracts with multiple-dwelling unit
buildings and may charge discounted rates for services based upon single point billing
or other contractual considerations. This section does not preclude the grantee from
offering promotional rates for service introductions or temporary promotional
discounts, or from establishing a non-uniform rate structure for cable services for
which rates are deregulated under Federal law.

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4. Grantee shall provide a drop and basic service for one outlet, at no charge, to
all current and future public buildings, including (but not limited to) city hall, fire
stations, public libraries and public schools, that are presently located in the existing
cable TV service area. New public buildings, schools, city halls, fire stations, public
libraries and the Community Center will receive basic service for one outlet at no
charge.
115.05 POLICE POWERS. Nothing in this chapter or in any franchise agreement

hereunder shall be construed as an abrogation by the City of any of its police powers.
115.06 GRANT OF FRANCHISE.

1. Application. All applicants for a franchise under this chapter shall prepare
and file a written application with the City in such form as the City shall designate.
2. Review of Application. Upon receipt of an application under this chapter, the
City shall review the same and make the application available for public inspection at
such places and times as the City shall designate. A decision shall be made on the
application by the City after evaluation thereof. The City may grant one or more
franchises, or may decline to grant any franchise.
3. Franchise Required. Subject to Federal and State law, no cable system shall
be allowed to operate, occupy, or use the streets in the franchise area for the provision
of cable service without a franchise granted in accordance with this chapter.
4. Franchise Nonexclusive. Any franchise granted under this chapter shall be
revocable and nonexclusive.
5. Franchise Requirements. City may establish appropriate requirements for
new franchises or franchise renewals, and may modify these requirements from time
to time to reflect changing conditions and technology in the cable industry.
6. Grant. In the event the City shall grant to a grantee or renew a nonexclusive,
revocable franchise to construct, operate, maintain, and reconstruct a cable system
within the franchise area, said franchise shall constitute both a right and an obligation
to provide the service of a cable system as required by this chapter and the terms of
the franchise agreement.
7. Conflict with Federal or State Laws. Any franchise granted under this chapter
shall be consistent with Federal laws and regulations and the laws of the State of Iowa
and regulations. In the event of a conflict between the chapter and Federal or State
law, and the terms of this chapter are irreconcilable with such Federal or State law, the
applicable Federal or State law shall control.
8. Chapter Revisions. Any franchise granted under this chapter is made subject
to any revisions of this chapter and the general ordinances of the City, provided that
such revisions do not materially alter or impair the obligations of grantee set forth in
any franchise agreement.
9. Term. A franchise granted pursuant to this chapter shall become effective in
accordance with the franchise agreement. The term shall be stated in the franchise,
but shall in no event exceed fifteen years.
10. Other Licenses or Permits. A franchise granted under this chapter shall not
take the place of any other license or permit legally required of a grantee.

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115.07 FRANCHISE ACCEPTANCE. To accept a franchise granted under this chapter, a

grantee must file any required bonds, funds, and proof of insurance, as well as written notice
of acceptance with the City Clerk within 60 days of the effective date of the franchise
agreement. Such written notice shall include a certification that the grantee:
1. Will comply with this chapter, any franchise agreements made pursuant to
this chapter, and all applicable City, County, State and Federal regulations in regard to
the construction, operation, and maintenance of a cable system;
2. Accepts the franchise relying on its own investigation and understanding of
the power and authority of the City to grant the franchise and the terms and conditions
thereof;
3. Acknowledges that it has not been induced to enter into the franchise by any
understanding or promise or by other statement, whether written or verbal, by or on
behalf of the City or by any other third person concerning any term or condition of the
franchise or chapter not expressed herein;
4. Shall have no recourse whatsoever against the City for any loss, cost, expense
or damage by reason of the City’s failure to have authority to grant any or all parts of
the franchise, and will not at any time claim in any proceeding involving the City that
any agreed upon term or condition of this chapter or the franchise is unreasonable or
arbitrary, or that the City had no power or authority to grant or make any such term or
condition. The grantee shall accept the validity of the terms and conditions of this
chapter or the franchise in their entirety, except where such term or condition is
irreconcilable with any Federal or State law or FCC rules and regulations.
5. Agrees that, in the event of any conflict between the chapter and the franchise
agreement, the terms of the chapter shall prevail.
A grantee of a franchise granted or transferred under this chapter will pay for the actual
printing cost and publication cost incurred in granting the franchise, not to exceed $5,000.00.
115.08 TRANSFER OF OWNERSHIP OR CONTROL.

1. Transfer of Franchise. Any franchise granted under this chapter shall be a
privilege to be held for the benefit of the public. Any franchise so granted cannot, in
any event, be sold, transferred, leased, assigned, or disposed of, including (but not
limited to) by forced or voluntary sale, merger, consolidation, or other means, without
the prior written consent of the City, and then only under such reasonable conditions
as the City may establish, subject to Section 537 of the Cable Act and applicable FCC
regulations. Such consent, as required by the City, shall be given or denied no later
than 120 days following any request, and shall not be unreasonably withheld. If the
City fails to render a final decision on the request within 120 days of receiving a
transfer request, such request shall be deemed approved unless the requesting party
and the City agree to an extension of time. Prior consent shall be required when
transferring the franchise between wholly owned subsidiaries of the same entity.
2. Ownership or Control. The grantee shall promptly notify in writing the City
of any proposed change in, or transfer of, or acquisition by any other party of, control
of the grantee. A rebuttable presumption that a transfer of control has occurred shall
arise upon the acquisition or transfer by any person or group of persons consisting of
20 percent or more of the beneficial ownership interest of the grantee. Every change,
transfer, or acquisition of control of the grantee shall make the franchise subject to
cancellation unless and until the City shall have consented in writing thereto, which

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consent shall be given or denied no later than 120 days following any request, and
shall not be unreasonably withheld. If the City fails to render a final decision on the
request within 120 days of receiving a transfer request, such request shall be deemed
approved unless the requesting party and the City agree to an extension of time. For
the purpose of determining whether it shall consent to such change, transfer, or
acquisition of control, the City may inquire into the qualifications of the prospective
controlling party, and the grantee shall assist the City in any such inquiry. In seeking
the grantee’s consent to any change in ownership or control, the grantee shall have the
responsibility:
A. To show to the satisfaction of the City whether the proposed
purchaser, transferee, or assignee (the “proposed transferee”), which in the
case of a corporation, shall include all directors and all persons having a legal
or equitable interest of five percent or more of the voting stock:
(1) Within ten years before the transfer request, has been
convicted or held liable for acts involving moral turpitude, including
(but not limited to) any violation of Federal, State or local law or
regulations, or is presently under an indictment, investigation, or
complaint charging such acts;
(2) Has ever had a judgment in an action for fraud, deceit or
misrepresentation entered against it, her, him, or them by any court of
competent jurisdiction; or
(3) Previous or pending legal claim, lawsuit, or administrative
proceeding arising out of or involving a cable system or operation of
cable system.
B. To establish, to the satisfaction of the City, the financial solvency of
the proposed transferee by submitting all current financial data for the
proposed transferee which the grantee was required to submit in its franchise
application, and such other data as the City may request, where the same shall
be audited, certified, and qualified by a certified public accountant.
C. To establish to the satisfaction of the City that the financial and
technical capability of the proposed transferee is such as shall enable it to
maintain and operate the cable system for the remaining term of the franchise
under the existing franchise terms.
3. Any financial institution having a pledge of the franchise or its assets for the
advancement of money for the construction and/or operation of the franchise shall
have the right to notify the City that the financial institution, or its designee, intend to
take control and operate the cable system in the event of a grantee default in its
financial obligations. Further, said financial institution shall also submit a plan for
such operation that will ensure continued service and compliance with all franchise
requirements during the term the financial institution exercises control over the
system. The financial institution shall not exercise control over the system for a
period exceeding one year unless extended by the City in its discretion, but during
said period of time it shall have the right to petition the City to transfer the franchise
to another grantee. Except insofar as the enforceability of this subsection may be
limited by applicable bankruptcy, insolvency, reorganization, moratorium, or similar
laws affecting creditors’ rights generally, and further subject to applicable Federal,
State or local law, if the City finds that such transfer, after considering the legal,

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financial, character, technical and other public interest qualities of the proposed
transferee, is satisfactory, the City shall transfer and assign the right and obligations of
such franchise as in the public interest. The consent of the City to such transfer shall
be given or denied no less than 120 days after any request, and shall not be
unreasonably withheld. In cases of either a transfer of the franchise or a proposed
change in ownership or control of the grantee involving a wholly owned subsidiary of
grantee, upon written request of the grantee, the City may waive or modify the
requirements of this section. The City shall provide grantee notice of its decision on
such request as soon as practicable after receipt. Notwithstanding grantee’s request
under this section, the 120-day period for rendering a decision on a transfer of the
franchise or a change in ownership or control shall commence upon the City’s receipt
of grantee’s notice of proposed transfer or change in ownership or control.
4. The consent or approval of the City to any transfer by the grantee shall not
constitute a waiver or release of the rights of the City in and to the streets, and any
transfer shall, by its terms, be expressly subject to the terms and conditions of any
franchise.
5. In the absence of extraordinary circumstances, the City shall not approve any
transfer or assignment of the franchise prior to completion of initial construction of
the cable system.
6. In no event shall a transfer of ownership or control be approved without the
successor in interest becoming a signatory of the franchise agreement.
7. The City may approve the transfer, deny the transfer with cause, or
conditionally approve the transfer, provided that the City shall not unreasonably
refuse to approve the transfer or condition the transfer upon unreasonable conditions.
The conditions the City may attach to the transfer approval may include, but are not
limited to: charges that are incidental to the awarding of the franchise, as allowed
under Federal law; remedy of any existing or historical violations of City ordinances
or the franchise agreement, provided that for violations occurring before the date of
the transfer request, City has given notice of such violations to the grantee before City
has received the transfer request; payment of all fees and penalties owed by the
grantee at the time of transfer approval; and a guarantee by the proposed transferee to
abide by any and all ordinances, agreements, and conditions placed upon the franchise
and system by the City and existing grantee, unless mutually removed by the City and
grantee.
8. When the grantee approves a transfer under this section, the new grantee shall
indicate acceptance of the franchise as specified in Section 115.07, including the filing
of all necessary bonds, funds, proofs of insurance, and certifications.
115.09 FRANCHISE RENEWAL.

1. The City may decide to renew a franchise granted under this chapter if the
grantee files a written request for such a renewal. At the time of such request, the City
may update this chapter and reevaluate the needs of the community for cable service
and the performance of the grantee.
2. The applicable Federal law shall govern the procedures and standards for
renewal of any franchise awarded pursuant to this chapter.
3. To the extent that the Federal law is not applicable, the City in its sole
discretion and judgment shall have the right to grant, deny, or conditionally grant

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renewal of a franchise, provided that the City shall not unreasonably refuse to renew
the franchise or unreasonably condition the renewal. The conditions the City may
place on its approval include, but are not limited to: charges that are incidental to the
awarding of the franchise renewal as allowed under Federal law; updating this chapter
and surveying community cable needs; remedy of historical or existing violations of
the franchise or this chapter, provided that for violations occurring before the date of
the transfer request, City has given notice of such violations to the grantee before City
has received the renewal request; payment of all fees and penalties owed by the
grantee at the time of the renewal; acceptance of any updated ordinance; and
acceptance of any updated franchise agreement.
4. When the City approves a franchise renewal, the grantee shall accept the
renewed franchise under the procedures set out in Section 115.07.
5. At the expiration (and denial of renewal) of a franchise, the City may, in a
lawful manner and upon payment of fair market value, determined on the basis of the
cable system is valued as a going concern exclusive of any value attributable to the
franchise itself, obtain, purchase, acquire, take over, and hold the cable system.
115.10 FRANCHISE FEE.

1. Quarterly Franchise Payment. Grantee shall pay the City a fee of five percent
of grantee’s annual gross revenue or such other maximum amount as allowed by
applicable law. Such payment shall commence as of the effective date of the
franchise or any renewal date. The City shall be furnished, on an annual basis, a
statement within 120 days of the close of the calendar year, either audited and
certified by an independent certified public accountant or certified by a financial
officer of the grantee, reflecting the total amount of the revenue and all payments,
deductions and computations for the period covered by the payment. Upon ten days’
prior written notice, City shall have the right to conduct an independent audit of
grantee’s records, in accordance with generally accepted accounting procedures, and
if such audit indicates a franchise fee underpayment of five percent or more, the
grantee shall pay the actual costs of such an audit.
2. Acceptance by City. No acceptance of any payment by the City shall be
construed as a release or as an accord and satisfaction of any claim the City may have
for further or additional sums payable as a franchise fee under this chapter or for the
performance of any other obligations of the grantee.
3. Failure to Make Required Payment. In the event that any payment is not
made as required, interest on the amount due, as determined from the annual gross
revenues as computed by the City or its designee, shall accrue from the date of the
required submittal at an annual rate of 12 percent.
4. Payment Schedule. The franchise fee shall be paid on a quarterly basis
according to the following schedule: March shall be reflected in an April 30 payment;
revenues for April through June shall be reflected in a July 30 payment; revenues for
July through September in an October 30 payment; and revenues for October through
December in a January 31 payment.
All cable revenues to the City shall be placed in the City’s General Fund, and allocated to the
telecommunication department and/or telecommunications commission at the City’s
discretion.

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115.11 REVOCATION.
1. Grounds for Revocation. If the grantee has been given due notice and a
reasonable opportunity to cure, the City reserves the right to revoke any franchise
granted hereunder and rescind all rights and privileges associated with the franchise in
the following circumstances, each of which shall represent a default under this chapter
and a material breach of the franchise:
A. If the grantee shall default in the performance of any of its material
obligations under this chapter or under such documents, agreements, and
other terms and provisions entered into by and between the City and the
grantee, subject to the provisions on cure.
B. If the grantee should fail to provide or maintain in full force and
effect, the liability and indemnification coverage or the security fund or bonds
as required herein.
C. If any court of competent jurisdiction, or any Federal or State
regulatory body by rules, decisions, or other action, determines that any
material provision of the franchise documents, including this chapter, the
franchise agreement and grantee’s proposal is invalid or unenforceable prior
to the commencement of initial system construction.
D. If the grantee ceases to provide service for a period exceeding 30 days
for any reason within the control of the grantee over the cable system, or
abandons the management and/or operation of the system.
E. If the grantee willfully violates any of the material provisions of this
chapter or the franchise agreement or attempts to practice any fraud or deceit
upon the City.
F. If the grantee becomes insolvent, or upon listing of an order for relief
in favor of grantee in a bankruptcy proceeding.
G. If the grantee transfers a controlling interest of the franchise without
the prior approval or consent of the City as required in Section 115.08.
2. Procedure Prior to Revocation.
A. The City shall make a written demand that the grantee comply with
any requirements, limitations, terms, conditions, rules, or regulations or
correct any action deemed cause for revocation. Such written demand shall
detail the exact nature of the alleged noncompliance and shall provide the
grantee with 30 days in which to correct the alleged noncompliance. In the
event the stated violation is not corrected to the City’s satisfaction within said
30 days, the City shall schedule a public hearing and notify the grantee in
writing of said public hearing.
B. At the scheduled public hearing, the City shall hear any persons
interested therein and shall provide the grantee with an opportunity to provide
testimony and evidence. The City, following the public hearing, shall issue a
written decision no sooner than 30 days following the hearing. The City shall
determine, based upon the preponderance of the evidence, whether the grantee
committed a material breach of this chapter or the franchise agreement and, if
so, whether such breach was willful and whether said franchise shall be
revoked.

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C. If the City determines that the grantee has willfully committed a

material breach, then the City may, by resolution, declare the franchise
terminated and that the grantee’s security fund and bonds be forfeited.
Alternatively, the City may, at its option, direct the grantee to take appropriate
remedial action within such time and under such terms and conditions as the
City may prescribe in order to avoid termination of the franchise.
D. Upon revocation of the franchise, the City may, in a lawful manner
and upon payment of fair market value, determined on the basis of the cable
system as a going concern exclusive of any value attributable to the franchise
itself, obtain, purchase, acquire, take over and hold the cable system.
115.12 PROCEDURES ON TERMINATION.

1. Disposition of Facilities. Subject to Federal, State and local laws, in the event
a franchise expires, is revoked, or otherwise terminated, the City may order the
removal of the above-ground system facilities from the franchise area within a
reasonable period of time as determined by the City or require the original grantee to
maintain and operate its cable system for a period not to exceed 24 months as
indicated in subsection 4 of this section.
2. Restoration of Property. In removing its plant, structures, and equipment, the
grantee shall refill, at its own expense, any excavation that shall be made by it and
shall leave all public ways and places in as good condition as that prevailing prior to
the grantee’s removal of its plant, structures, and equipment without affecting the
electrical or telephone cable wires, or attachments. The grantee’s insurance,
indemnity obligations, performance bonds and security funds required by this chapter
and by the franchise agreement shall continue in full force and effect during the period
of removal and until full compliance by the grantee with the terms and conditions of
this section.
3. Restoration by City; Reimbursement of Costs. In the event of a failure by the
grantee to complete any work required by subsection 1 of this section and/or
subsection 2 of this section, or any other work required by City by law or ordinance,
within 30 days after receipt of written notice, and to the satisfaction of the City, the
City may cause such work to be done and the grantee shall reimburse the City the cost
thereof within 30 days after receipt of an itemized list of such costs or the City may
recover such costs through the security fund or bonds provided by grantee. The City
shall be permitted to seek legal and equitable relief to enforce the provisions of this
section.
4. Extended Operation. Subject to Federal, State and local law, upon either the
expiration or revocation of a franchise, the City may require the grantee to continue to
operate the cable system for a defined period of time not to exceed 24 months from
the date of such expiration or revocation. The grantee shall, as trustee for its
successor in interest, continue to operate the cable communications system under the
terms and conditions of this chapter and the franchise agreement and to provide the
regular cable service and any of the other services that may be provided at that time.
5. City’s Rights Not Affected. The termination and forfeiture of any franchise
shall in no way affect any of the rights of the City under any provision of law.

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115.13 RECEIVERSHIP, CONDEMNATION, AND FORECLOSURE.

1. Operation by Receiver. Any franchise granted shall, at the option of the City,
cease and terminate 120 days after the appointment of a receiver or receivers or
trustee or trustees designated to take over and conduct the business of the grantee,
whether in a receivership, reorganization, condemnation, bankruptcy, or other action
or proceeding unless such receivership or trusteeship shall have been vacated prior to
the expiration of said 120 days, or unless:
A. Such receivers or trustees shall have, within 120 days after their
election or appointment, fully complied with all the terms and provisions of
this chapter and the franchise granted pursuant hereto, and the receivers or
trustees within said 120 days shall have remedied all defaults under the
franchise; and
B. Such receivers or trustees shall, within said 120 days, execute an
agreement duly approved by the court having jurisdiction in the premises,
whereby such receivers or trustees assume and agree to be bound by each and
every term, provision, and limitation of the franchise agreement.
2. Involuntary Sale. In the case of a foreclosure or other involuntary sale of the
plant, property and equipment of the grantee, or any part thereof, the City may serve
notice of termination upon the grantee and to the purchaser at such sale, in which
event the franchise and rights and privileges of the grantee hereunder shall cease and
terminate 30 days after service of such notice, unless:
A. The City shall have approved the transfer of the franchise, as and in
the manner in this chapter provided; and
B. Such successful purchaser shall have covenanted and agreed with the
City to assume and be bound by all the terms and conditions of the franchise
agreement.
115.14 FRANCHISE PROCESSING COSTS.

1. New Franchises. For a new franchise awarded, the costs to be borne by the
grantee include (but are not limited to) all costs of publication of notices prior to any
public meeting, publication of relevant ordinances and franchise agreements, costs
incurred by the City in its study, preparation of proposal solicitation documents, and
evaluation of all applications. A nonrefundable franchise filing fee shall be paid to the
City in the amount of $1,000.00.
2. Franchise Renewal. For a franchise renewal, the grantee shall reimburse the
City the actual cost of preparation of notices, publication of notices, publication of
relevant ordinances and franchise agreements, not to exceed $5,000.00. The City
shall assume and be bound by all the terms and conditions of the franchise agreement.
3. Franchise Transfer. For a franchise transfer, the grantee shall reimburse the
City the actual cost of preparation of notices, publication of notices, publication of
relevant ordinances and franchise agreements, not to exceed $5,000.00.
4. Taxes. Subject to Federal and State law, the grantee shall pay all real estate
taxes, special assessments, personal property taxes, license fees, permit fees, and other
charges of a like nature which may be taxed, charged, assessed, levied, or imposed
upon the property of the grantee and upon any services rendered by the grantee.

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5. Other Costs. The processing costs provided for in this section shall be in
addition to any other inspection or permit fee or other fees due to City under any other
ordinance.
115.15 AUTHORITY FOR USE OF STREETS.

1. Use of Streets. For the purposes of operating and maintaining a system in the
City, grantee may erect, install, construct, repair, replace, reconstruct and retain in, on,
over, under, across, and along the streets within the City, lines, cables, conductors,
ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments, and
other property and equipment as are necessary and appurtenant to the operation of the
system, provided that all applicable permits are applied for and granted, all fees paid,
and all other City codes and ordinances otherwise complied with. However, no rights
hereunder may be transferred by grantee to any other entity except grantee’s
construction agents.
2. Filing Plans. Prior to construction or alteration, grantee shall in each case file
plans with all appropriate City departments and receive written approval of such
plans, which approval shall not be unreasonably withheld. Grantee shall provide in
writing a monthly progress report to City through the completion of construction or
alteration.
3. Noninterference. Grantee shall construct and maintain the system so as not to
interfere with other uses of streets. Grantee shall make use of existing poles and other
facilities available to grantee whenever practicable. Grantee shall notify all residents
directly affected by proposed construction prior to the commencement of that work.
4. Denial of Use by City. Notwithstanding the above grant to use the streets, no
street shall be used by grantee if City in its sole opinion, determines that such use is
inconsistent with the conditions or provisions by which such street was created or
dedicated, or presently used.
115.16 CONDITIONS ON USE OF STREETS.

1. Limit Interference. All transmission and distribution, structures, lines, and
equipment erected by grantee within the City shall be so located as to cause minimum
interference with the proper use of streets and other public places and the rights and
reasonable convenience of property owners who adjoin such streets and other public
places.
2. Restoration of Streets. In case of disturbance of any street or public place, the
grantee shall, at its own cost and expense and in a manner approved by the City
Engineer, replace and restore such area in as good a condition as before the work
involving such disturbance was done.
3. Tree Trimming. The grantee shall comply with the provisions of Chapter 150
of this Code of Ordinances. Each grantee shall be responsible for, shall indemnify,
defend, and hold harmless the City and its officers, agents, and employees from and
against any and all damages arising out of or resulting from the removal, trimming,
mutilation of, or injury to any tree or trees proximately caused by the grantee or its
officers, agents, employees, contractors, or subcontractors.

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115.17 ERECTION OF POLES.

1. Consent to Erection of Poles. No franchise shall be deemed to expressly or
implicitly authorize the grantee to construct or install poles or wire-holding structures
within streets for the purpose of placing cables, wires, lines, or otherwise without the
written consent of the City. Such consent shall be given upon such terms and
conditions as the City Engineer may prescribe, which shall include a requirement that
the grantee perform, at its sole expense, all tree trimmings required to maintain the
poles clear of obstructions.
2. The grantee may lease, rent, or in any other manner by mutual agreement
obtain the use of towers, poles, lines, cables, and other equipment and facilities from
utility companies operating within the City, and use towers, poles, lines, cables, and
other equipment and facilities for the system. When and where practicable, the poles
used by the grantee’s distribution system shall be those erected and maintained by
such utility companies operating within the City, provided mutually satisfactory rental
agreements can be reached. It is the City’s desire that all holders of public franchises
in the City cooperate with the grantee and allow the grantee the use of their poles and
pole line facilities whenever possible so that the number of new or additional poles
installed in the City may be minimized.
3. Access to Poles. With respect to any poles or wire holding structures which a
grantee is authorized to construct and install within streets, a public utility serving the
City may, if denied the privilege of utilizing such poles or wire-holding structures by
the grantee, apply for such permission to the Public Works Director. If the Public
Works Director finds that such use would enhance the public convenience and would
not unduly interfere with the grantee’s operations, the Public Works Director may
authorize such use subject to such terms and conditions as the Public Works Director
deems appropriate. Such authorization shall include the condition that the public
utility pay to the grantee any and all actual and necessary costs incurred by the grantee
in permitting such use. Nothing herein shall be construed as a right for the grantee to
utilize public utility property.
115.18 UNDERGROUND INSTALLATION.

1. Underground Installation Required. Except as hereinafter provided, in all
areas of the City where the cables, wires, and other like facilities of a public utility are
placed underground, each grantee shall construct and install its cables, wires, and
other facilities underground at time of construction unless it is impossible or
impractical to do so due to weather or other conditions beyond the control of the
grantee, upon written request from the City. Such cable wire could remain above
ground. The grantee must install the wire as soon as conditions permit and no later
than six months after original installation. Amplifier boxes and pedestal mounted
terminal boxes may be placed aboveground if existing technology reasonably requires,
but shall be of such size and design and shall be so located as not to be unsightly or
unsafe. In any area of the City where there are certain cables, wires, and other like
facilities of a public utility underground and at least one operable cable, wire, or like
facility of a public utility is suspended above the ground from poles, a grantee may
construct and install its cables, wires, and other facilities from the same pole with
permission of the utility company which owns the poles.
2. Relocation Underground. With respect to any cables, wires, and other like
facilities constructed and installed by a grantee above ground, the grantee shall, at its

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sole expense, reconstruct and reinstall such cables, wires, or other facilities
underground pursuant to any project under which the cables, wires, or other like
facilities of all like utilities are placed underground within an area.
115.19 RELOCATION. If, during the term of a franchise, the City, a public utility, a
sanitary district or any other similar special district elects to alter, repair, realign, abandon,
improve, vacate, reroute, or change the grade of any street or to replace, repair, install,
maintain, or otherwise alter any aboveground or underground cable, wire, conduit, pipe, line
pole, wire-holding structure, or other facility utilized for the provisions of utility or other
services or transportation or drainage, sewage or other liquids, the grantee shall, except as
otherwise hereinafter provided, at its sole expense, remove or relocate as necessary its poles,
wires, cables, underground conduits, manholes and any other facilities which it has installed.
If such removal or relocation is required within the subdivision in which all utility lines,
including those for the system, were installed at the same time, the entities may decide among
themselves who is to bear the cost of relocating; provided, the City shall not be liable to a
grantee for such costs. Reasonable advance written notice shall be mailed to the grantee
advising the grantee of the date or dates that the removal or relocation is to be undertaken.
115.20 PLACEMENT OF BUILDINGS. Each grantee shall, upon request by any person
holding a building moving permit or other approval issued by the City, temporarily remove,
raise, or lower its wires to permit the movement of buildings. The expense of such removal,
raising or lowering shall be paid by the persons requesting same, unless if requested by the
City, in which case there shall be no reimbursement to grantee. Grantee shall be authorized to
require such payment in advance. A grantee shall be given not less than 30 days’ written
notice to arrange for such temporary wire changes.
115.21 SYSTEM DESIGN AND CONSTRUCTION.

1. System Design. A cable system shall comply with the terms specified in the
franchise agreement. Service shall be provided to subscribers in accordance with the
schedules and line extension policies specified in Section 115.04 of this chapter.
Cable system construction and provision of service shall be nondiscriminatory and
grantee shall not delay or deter service to any section of the franchise area on the
grounds of economic preference.
2. System Construction Schedule.
A. Grantee shall comply with the requirements of the system
construction or upgrade schedule contained in the franchise agreement.
B. Grantee shall provide a detailed construction or upgrade plan
indicating progress schedules, area construction maps, test plan, and projected
dates for adding service. In addition, grantee shall update this information on
a monthly basis, by submitting a copy of its normal internal progress reports,
showing specifically whether schedules are being met and the reason for any
delays.
3. All Channels Emergency Alert. The grantee shall, in the case of any
emergency or disaster, make its entire system available without charge to the City or
to any other governmental or civil defense agency that the City shall designate. The
system shall be engineered to comply with the emergency alert system requirements
of federal law and FCC regulations and the franchise agreement. The franchising
authority shall hold the grantee, its agents, employees, officers, and assigns hereunder,

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harmless from any claims arising out of the emergency use of its facilities by the City,
including, but not limited to, reasonable attorney’s fees and costs.
4. Power Outage. As specified in the franchise, the grantee will install a back-up
generator at its head end that will provide the needed power to generate the head end
in the event of a power outage.
5. Subscribers Control.
A. Switching Device. The grantee, upon request from any subscriber,
shall install, at cost, a switching device to permit a subscriber to continue to
utilize the subscriber’s television antenna. The grantee shall not require the
removal (or offer to remove) any subscriber’s antenna lead-in wire.
B. Parental Control Devices. Grantee shall provide to subscribers, upon
request, parental control devices that allow any channel or channels to be
locked out. Such devices shall block both the video and audio portion of such
channels to the extent that both are unintelligible. The lockout device
described herein shall be made available to all subscribers requesting it,
beginning on the first day that any cable service is provided.
6. Interconnection. The cable system shall be designed to be interconnected
with other adjacent systems. At a minimum, the system shall be capable of
interconnection with the access channel programming to other adjacent systems.
115.22 CONSTRUCTION STANDARDS.

1. Each grantee shall construct, install, and maintain its system in a manner
consistent and in compliance with all applicable laws, ordinances, construction
standards, governmental requirements, and technical standards equivalent to those
established by the FCC. Each grantee shall provide to the City written reports of the
grantee’s annual proof of performance tests conducted pursuant to FCC standards and
requirements.
2. Each grantee shall at all times comply with the National Electrical Safety
Code (established by the National Bureau of Standards); National Electrical Code;
National Bureau of Fire Underwriters; applicable FCC and other Federal, State, and
local regulations; and codes and other ordinances of the City.
3. In any event, the system shall not endanger or interfere with the safety of
persons or property within the City or other areas where the grantee may have
equipment located.
4. All working facilities, conditions, and procedures used or occurring during
construction and maintenance of the system shall comply with the standards of the
Occupational Safety and Health Administration.
5. Construction, installation, and maintenance of the system shall be performed
in an orderly and workmanlike manner and in close coordination with public and
private utilities serving the City, following accepted construction procedures and
practices and working through existing committees and organizations.
6. All cable and wires shall be installed, where possible, parallel with electric
and telephone lines, and multiple cable configurations shall be arranged in parallel and
bundled with due respect for engineering considerations.

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7. Any antenna structure used in the system shall comply with construction,
marking, and lighting of antenna structures required by the United States Department
of Transportation.
8. RF leakage shall be checked by grantee at reception locations for emergency
radio services so as to prove no interference signal combinations are possible.
9. Radiation shall be measured adjacent to any proposed aeronautical navigation
or communication radio sites to prove no interference to air navigational reception.
10. The City shall have the right to inspect all construction or installation work
performed subject to the provisions of this chapter and to make such inspections as it
shall find necessary to ensure compliance with the terms of this chapter and other
pertinent provision of law.
115.23 TECHNICAL STANDARDS.

1. Standards. The cable communications system shall meet all technical and
performance standards contained in the franchise agreement and as required by the
FCC.
2. Test and Compliance Procedure. The grantee shall submit, within 60 days
after the effective date of the franchise agreement, a detailed test plan describing the
methods and schedules for testing the cable system on an ongoing basis to determine
compliance with the provisions of the franchise agreement. The tests for basic cable
service shall be performed at intervals no greater than 12 months. The tests may be
witnessed by representatives of the City, and comprehensive written test reports shall
be submitted to the City. If any of the locations tested fail to meet the performance
standards, the grantee shall be required to indicate what corrective measures have
been taken, and the entire test shall be repeated. A second failure of the location
tested may be considered breach of the franchise agreement.
3. Special Tests. At any time after commencement of service to subscribers, the
City may require additional tests, full or partial repeat tests, different test procedures,
or tests involving a specific subscriber’s terminal. Requests for such additional tests
will be made on the basis of complaints received or other evidence indicating an
unresolved controversy or significant noncompliance, and such tests shall be limited
to the particular matter in controversy. The City shall endeavor to so arrange its
requests for such special tests so as to minimize hardship or inconvenience to grantee
or to the subscriber.
4. Costs of Tests. The costs of all tests required by subsections 2 and 3 of this
section, and re-testing as necessary, shall be borne by the grantee, except that if City
requires the utilization of outside consultants or test personnel, such costs shall be
borne by the City.
115.24 SERVICES.
1. Service Provided. The grantee shall provide, at a minimum, the initial
services listed in the franchise agreement. Services shall not be reduced without prior
notification to City.
2. Basic Cable Service. The “basic cable service” shall include any service tier
which includes the retransmission of local television signals. This service shall be
provided to all subscribers at the established monthly subscription rates.

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3. PEG Facilities and Access Channel. Grantee shall provide channels for use
by the City for public educational, and government (PEG) programming use, as
specified in the franchise agreement. Grantee will also provide to City, at no charge,
technical and engineering assistance in the development by City of PEG access
facilities. Any modulating or distribution equipment, interface equipment and cabling
to permit operation will be at the expense of the grantee.
4. Cable Channel for Local and Leased Commercial Use. The grantee shall
designate channel capacity for local and leased commercial use as required by the Act
and applicable law.
5. Cable Service to City. Grantee shall, at its own expense and upon written
request of the City, provide and maintain one connection for basic cable service to
each City office building, public and private school, library, police station, and fire
station within the corporate limits of the City. Grantee is not responsible for
providing the distribution system within any of such places and is not required to bear
the expenses or costs of any installation necessary for such purpose beyond a 500-foot
drop. Such additional cost shall be borne by the requesting institution or location.
115.25 CONSUMER SERVICE STANDARDS. Nothing in this chapter shall be

construed to prevent or prohibit: (i) the City and the grantee from agreeing to exceed the
customer service standards set forth herein; (ii) the establishment or enforcement of any State
or municipal law or regulation concerning customer service or consumer protection that
imposes customer service or consumer protection requirements that exceed the standards set
forth herein, or address matters not addressed herein. The grantee shall maintain a local office
to provide the necessary facilities, equipment, and personnel to comply with the following
consumer standards under normal conditions of operation:
1. Subscribers’ Antennas. The grantee shall not require the removal of or offer
to remove or provide any inducements for removal of any potential or existing
subscriber’s antenna as a condition of provision of service.
2. Disconnections. There shall be no charge for disconnection of any
installation or outlet. If any subscriber fails to pay a fee or charge, the grantee may
disconnect the subscriber’s service. Such disconnection shall not be effected until the
subscriber has been given 15 days’ advance written notice of the intention to
disconnect. After disconnection, upon payment of any required delinquent fee or
reconnection charge, the grantee shall promptly reinstate the subscriber’s service.
3. Reconnections. Grantee shall restore service to customers upon requesting
service, provided customer shall first satisfy any previous obligations owed.
4. Downgrades. Subscribers shall have the right to have cable service
disconnected or downgraded in accordance with FCC rules. The billing for such
service will be effective immediately and such disconnection or downgrade shall be
made as soon as practicable. A refund of unused service charges shall be credited to
the customer’s account or paid to the customer within 45 days from the date of
termination of service.
5. Channel Card. The grantee shall prepare and make available at no charge to
the subscribers, an accurate and up-to-date channel and radio frequency card listing
the cable frequencies and channels of any FM radio, and television signals, and
services available over the cable system. The channel card shall be distributed to

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every subscriber, at least once each year, and within 30 days after a change or addition
in channels or frequency uses or services offered.
6. Service Repair Standards. The grantee shall render efficient service, make
repairs promptly, and interrupt service only for good cause and for the shortest time
possible. Scheduled service interruptions, shall be preceded by notice, and shall occur
during periods of minimum use of the system. A written log or an equivalent stored in
computer memory and capable of access and reproduction, shall be maintained for all
service interruptions and requests for cable service as required by this chapter.
7. Regional Customer Service Center. Grantee shall maintain a regional
customer service center with a toll free telephone number for the purpose of receiving
inquiries, requests, and complaints concerning all aspects of the establishment,
construction, maintenance, and operation of the system. The regional customer
service center shall be open during normal business hours.
8. Installation Staff. An installation staff shall install service to any subscriber
located up to 250 feet from the existing distribution system within seven days after
receipt of a request. This standard shall be met no less than 95 percent of the time,
measured on a quarterly basis.
9. Notification of Service Interruption to City Administrator. The grantee shall
promptly notify the City Administrator, in writing, or if appropriate, by oral
communication, of any significant interruption in the operation of the system. For the
purposes of this section, a “significant interruption in the operation of the system”
means any interruption of sound or picture on one or more channels of a duration of at
least 18 hours to at least five percent of the subscribers.
10. Customer Satisfaction Surveys. The Telecommunications Commission may
periodically develop and distribute customer satisfaction and service surveys. The
grantee shall cooperate and assist with the publication and mailing of such surveys.
Each questionnaire shall be prepared and conducted in good faith so as to provide
reasonably reliable measures of subscriber satisfaction with: (i) audio and signal
quality; (ii) responses to subscriber complaints; (iii) billing practices; (iv)
programming services; and (v) installation practices.
11. FCC Rules. The grantee shall conform with FCC Rules.
115.26 PROOF OF COMPLIANCE.

1. Compliance Records. Upon reasonable notice, grantee shall demonstrate
compliance with any or all of the standards required by this chapter. Grantee shall
provide sufficiently detailed information to permit City to readily verify the extent of
compliance.
2. Breach for Noncompliance. A repeated and verifiable pattern of
noncompliance with the consumer protection standards contained in this chapter or
franchise agreement, after grantee’s receipt of due notice and an opportunity to cure,
may be termed a breach of franchise, subject to any and all remedies prescribed in this
chapter, the Cable Act and applicable law. The grantee shall not be required to
acquire equipment or perform surveys to measure compliance with the telephone
answering standards contained in this chapter or franchise agreement, unless a
historical record of complaints indicates a clear failure to comply.

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115.27 COMPLAINT PROCEDURES.

1. Complaints to Grantee. Grantee shall establish written procedures for
receiving, acting upon, and resolving subscriber complaints without intervention by
the City. The procedures shall prescribe the manner in which a subscriber may submit
a complaint, either orally or in writing. Grantee shall complete its investigation of a
subscriber’s complaint within ten days after receiving the complaint, and grantee shall
notify the subscriber of the results of the investigation and its proposed action or
resolution, if any, within two business days. The grantee shall also notify the
subscriber of the subscriber’s right to file a complaint with the City in the event the
subscriber is dissatisfied with the grantee’s decision.
2. Complaints to City. A subscriber who is dissatisfied with grantee’s proposed
decision shall be entitled to have the complaint reviewed by the City. The subscriber
shall initiate the review by filing a written complaint, together with the grantee’s
decision, if any, with the City, and by the City notifying the grantee of the filing. The
subscriber shall make such filing and notification within 20 days of receipt of
grantee’s decision or, if no grantee decision has been provided, within 30 days after
filing the original complaint with grantee. The City may extend these time limits for
reasonable cause.
3. Review by the City. The City shall determine, upon a review of a subscriber
complaint and the grantee’s decision, if any, whether further action is warranted. In
the event the City does not initiate further proceedings within 60 days of the filing of
the complaint, the grantee’s proposed action or resolution shall be final. If the City
decides to initiate further investigation, the City shall require the grantee and the
subscriber to submit, within 15 days of notice thereof, a statement of the facts and
arguments in support of their respective positions. The City shall issue a written
decision within 15 days of receipt of the statements or, if a hearing is requested,
within 30 days of the conclusion of the hearing, setting forth the basis of the decision.
4. Remedies for Violation. The City may, as a part of a subscriber complaint
decision issued under the provisions of this chapter, impose civil penalties on the
grantee, following written notice and 30 days to cure, following receipt of said notice.
Upon grantee’s request, before imposition of such penalties, City shall schedule a
public hearing at which grantee may present testimony and evidence and examine
witnesses and the complainant.
115.28 SUBSCRIBER NOTICE.

1. Operating Policies. As subscribers are connected or reconnected to the cable
system, and at least annually, and at any time upon request, and when grantee’s
procedures change, under normal operating conditions, the grantee shall provide each
subscriber with written information concerning products and services offered, prices
and options for programming services and conditions of subscription to programming
and other services, installation and service maintenance policies, instructions on how
to use the cable services, channel positions of programming carried on the system, the
procedures for billing and making inquiries or complaints (including the name,
address, and local telephone number of the employee or employees or agent to whom
such inquiries or complaints are to be addressed) and also furnish information
concerning the City office responsible for administration of the franchise including the
name and telephone number of the office. The notice shall also indicate grantee’s
business hours, legal holidays, and procedures for responding to inquiries after normal

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business hours. The grantee shall provide all subscribers and the City written notice
no less than 30 days prior to any proposed change in these policies.
2. A grantee, under normal operation conditions, shall provide all subscribers
and the City with notice of any change in rates, programming services, or channel
positions at least 30 days prior to the changes using any reasonable written means at
its sole discretion. A grantee is not required to provide prior notice of any rate change
that is the result of a regulatory fee, franchise fee, or any other fee, tax, assessment, or
charge imposed by a Federal agency, State, or City on the transaction between the
grantee and subscribers.
3. Billing. Bills shall be clear, concise, and understandable and shall include the
grantee’s toll-free or collect telephone number. Bills shall be fully itemized, with
itemizations, including (but not limited to) basic and premium service charges and
equipment charges. Bills shall also clearly delineate all activity during the billing
period, including optional charges, rebates, and credits. In case of a billing dispute,
the grantee shall respond to a written complaint from a subscriber within 30 days.
Refund checks will be issued promptly, and no later than either (i) the customer’s next
billing cycle following resolution of the request or 30 days, whichever is earlier, or (ii)
the return of the equipment supplied by the grantee if service is terminated. Credits
for service shall be issued no later than the customer’s next billing cycle following the
determination that a credit is warranted.
4. Copies to City. Copies of all notices provided to subscribers shall be filed
concurrently with the City.
115.29 QUALITY OF SERVICE. The overall quality of service provided by grantee to

subscribers may be subject to evaluation by City, not less often than once annually. In
addition, City may evaluate the quality of service at any time, based upon the number of
subscriber complaints received by the grantee and the City, and grantee’s response to those
complaints. City’s evaluation that service quality is inadequate may lead to direction of
grantee to cure the inadequacies. Grantee shall commence corrective action within 30 days
after receipt of written notice. Failure to do so shall be deemed a breach of the franchise and
subject to the remedies prescribed in this chapter. The City, after due process, may utilize the
performance bond and/or security fund provided for in this chapter to remedy any such
franchise breach.
115.30 TENANT’S RIGHTS. Grantee shall be required to provide service to tenants in

individual units of a multiple housing facility with all services offered to other dwelling units
within the franchise area, so long as the owner of the facility consents in writing, if requested
by grantee, to the following:
1. Grantee’s providing the service to units of the facility;
2. Reasonable conditions and time for installation, maintenance, and inspection
of the system on the facility premises;
3. Reasonable conditions promulgated by grantee to protect grantee’s equipment
and to encourage widespread use of the system; and
4. No discrimination in rental charges, or otherwise, between tenants who
receive cable service and those who do not.

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115.31 RIGHTS OF INDIVIDUALS.

1. Discrimination Prohibited. Grantee shall not deny service, access, or
otherwise discriminate against subscribers, PEG access channel users, or general
citizens on the basis of income, race, color, religion, national origin, age, gender,
marital status or physical or mental disability. Grantee shall comply at all times with
the Cable Act and all other applicable Federal, State and local laws and regulations,
and all executive and administrative orders relating to nondiscrimination which are
incorporated and made part of this chapter by reference.
2. Equal Employment. Grantee shall strictly adhere to the equal employment
opportunity requirements of Federal, State and local law and regulations in effect on
the date of the franchise grant, and as amended from time to time.
3. Personal Information. The grantee’s policy with regard to personally
identifiable information shall be consistent with Federal law.
4. Equal Accessibility. The entire system of the grantee shall be operated in a
manner consistent with the principle of fairness and equal accessibility of its facilities,
equipment, channels, studios, and other services to all citizens, businesses, public
agencies, and other entities having a legitimate use for the system, and no one shall be
arbitrarily excluded from its use.
5. Discontinuation of Service.
A. If a subscriber fails to pay any proper fee or charge for any service,
the grantee may discontinue said service, provided that the subscriber has
been given no less than 15 days’ prior notice of the intention to discontinue
service.
B. If the grantee receives payment of all outstanding fees and charges,
including any late charges, prior to the expiration of the 15th day after
transmittal of said notice from the grantee, then the grantee shall not
discontinue said service.
C. After any service has been discontinued, upon request of the
subscriber accompanied by payment in full of all fees or charges due the
grantee and the payment of an appropriate reconnection charge, if any, the
grantee shall promptly reinstate said service.
Subscribers and users shall retain the right to deactivate their terminals, but shall
continue to be responsible for charges until the grantee is notified to terminate service.
The subscriber shall not be charged any fee for the cancellation of cable service.
Grantee may charge reasonable fees for service downgrades as permitted under the
Cable Act and FCC Regulations.
6. Private Easements. No cable, line, wire, amplifier, converter, or other piece
of equipment owned by the grantee shall be installed by the grantee within private
easements without first securing the written permission of the owner of the property
involved, unless otherwise permitted under Federal law.
115.32 CONTINUITY OF SERVICE.

1. Right to Continuous Service. It shall be the right of all subscribers to
continue receiving service insofar as their financial and other obligations to the
grantee are honored. In the event that the grantee elects to overbuild, rebuild, modify,
or sell the system, or the City gives notice of intent to terminate or fails to renew this

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franchise, the grantee shall act so as to ensure that all subscribers receive continuous,
uninterrupted service. In the event of a change of grantee, or in the event a new
operator acquires the system, the original grantee shall cooperate with the City, new
grantee or operator in maintaining continuity of service to all subscribers. During
such period, grantee shall be entitled to the revenue for any period during which it
operates the system, and shall be entitled to reasonable costs for its services when it
no longer operates the system.
2. Right of City to Operate System. In the event grantee fails to operate the
system for seven consecutive days without prior approval of the City or without just
cause, the City may, working in conjunction with any financial institution having a
pledge of the franchise or its assets for the advancement of money for the construction
and/or operation of the franchise, operate the system or designate an operator until
such time as grantee restores service under conditions acceptable to the City or a
permanent operator is selected. If the City is required to fulfill this obligation for the
grantee, then during such period as the City fulfills such obligation, the City shall be
entitled to collect all revenues from the system, and the grantee shall reimburse the
City for all reasonable costs or damages in excess of the revenues collected by the
City that are the result of the grantee’s failure to perform.
115.33 RECORDS.
1. The City, upon reasonable notice, shall have the right to inspect at any time
during normal business hours, all books, records, maps, plans, service complaint logs,
performance test results and other like materials of the grantee which relate to the
regulation of the franchise and are maintained at the local office required by ordinance
or franchise agreement, provided that the City shall maintain the confidentiality of any
trade secrets or other proprietary information in the possession of the grantee and
provided further, that records shall be exempt from inspection pursuant to this section
to the extent required by applicable law regarding subscriber privacy and to the extent
such records are protected by law against discovery in civil litigation. If any such
books or records are not kept by the local office, or upon reasonable request made
available to the City, and if the City shall determine that an examination of such
records is necessary or appropriate to the performance of any of City’s duties, then
grantee shall make such records available locally.
2. The grantee shall at all times maintain the complaint files required by this
chapter, and a full and complete set of plans, records, and “as-built” maps showing the
exact location of all cable system equipment installed or in use in the franchise area,
exclusive of subscriber service drops.
115.34 REGULATORY AUTHORITY. The City shall exercise regulatory authority

under the provisions of this chapter, the Cable Act, and applicable law. If the franchise area
served by the cable system also serves other contiguous or neighboring communities, the City
may, at its sole option, participate in a joint regulatory agency, with delegated responsibility in
the area of cable and related communications.
115.35 REGULATORY RESPONSIBILITY. The City, acting alone or acting jointly

with other cities, may exercise or delegate the following regulatory responsibilities:
1. Administering and enforcing the provisions of the cable communications
system franchises;

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2. Coordinating the operation of public educational and government (PEG)

access channel and facilities;
3. Providing technical, programming, and operational support to public agency
users, such as government departments, schools, and health care institutions;
4. Establishing procedures and standards for use of channels dedicated to public
use and sharing of public facilities;
5. Planning expansion and growth of public benefit cable services;
6. Analyzing the possibility of integrating cable communications with other
local, regional or national telecommunications networks;
7. Formulating and recommending long-range telecommunications policy.
115.36 PUBLIC USAGE OF THE SYSTEM.

1. The City may utilize a portion of the cable communication system capacity,
and associated facilities and resources, to develop and provide cable services that will
be in the public interest. In furtherance of this purpose, the City may authorize the
North Liberty Telecommunications Commission to establish a nonprofit corporation
or other entity to receive and allocate PEG and institutional network facilities, support
funds, and other considerations provided by the City, the grantee, and/or others. Such
an entity, if established, may be delegated the following responsibilities:
A. Receive and utilize or reallocate for utilization, channel capacity,
facilities, funding, and other support provided specifically for PEG and
institutional network usage of the cable communications system.
B. Establish, in consultation with the grantee, operational procedures and
guidelines for PEG and institutional network usage.
C. Review the status and progress of each service developed for public
benefit.
D. Reallocate resources jointly with the grantee on a periodic basis to
conform to changing priorities and public needs.
E. Report to the City and the grantee annually on the utilization of
resources, the new public services developed, and the benefits achieved for
the City and its residents.
2. The grantee shall make available leased access in compliance with Section
532 of the Act and applicable FCC regulations.
115.37 RATES. The grantee shall establish rates for its services which shall be applied on a
nondiscriminatory basis in the service area, except for commercial and bulk account rates,
which are negotiated individually. Grantee may establish a non-uniform rate structure for
cable services for which rates are deregulated under Federal law. Pursuant to Federal law, the
City reserves the right to assume regulation of rates paid by cable subscribers; such rate
regulation shall be performed by the North Liberty Telecommunications Commission as
advisory to the Council in accordance with FCC Rules and Regulations Part 76, Subpart N.
As specified by the FCC’s Rules (Part 76, Subpart N), such rate regulation shall cover basic
service rates and customer premises installations and equipment rates (including charges for,
but not be limited to: converter boxes, remote control units, connections for additional
television receivers, and other cable home wiring). The City reserves the right to further

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regulate rates pursuant to any additional powers granted it by either the FCC or Federal or
State law.
1. Rate Regulatory Procedures. In the event that rate regulatory powers are
assumed by City, the following shall apply:
A. The City shall notify the grantee of City’s FCC certification and of
City’s adoption of rate regulations which are consistent with the FCC
regulations and which provide for a reasonable opportunity for consideration
of the views of interested parties.
B. Upon receipt of such notification by grantee, basic service regulation
shall become effective. Before any proposed adjustment to basic service
rates, grantee shall, within 30 days before such proposed rate increase
becomes effective, submit for review its basic service, installation, and
equipment rates and supporting documentation using the applicable FCC
calculations and forms.
2. Proprietary Information. To aid in the evaluation of the grantee’s proposed
rates, the North Liberty Telecommunications Commission may require the production
of proprietary information, and in such cases will apply procedures analogous to those
set forth in FCC Regulations (47 C.F.R. Sec. 0.459) and consistent with Federal and
State law.
3. Refunds. As specified in the FCC regulations, the Telecommunications
Commission may recommend to the Council that the grantee refund to subscribers
that portion of previously paid rates which have been found to be unreasonable.
Before recommending that the grantee refund previously paid rates to subscribers, the
Telecommunications Commission must give the grantee notice and opportunity to
comment.
4. Basic Service Rate Increases and Equipment Charges. All subsequent
requests by the grantee for increases in equipment changes and/or basic service rates
shall be subject to the procedures outlined in this section.
5. Service Disconnection. A subscriber shall have the right to have his/her
service completely disconnected without charge, which shall include the removal of
any equipment owned by the grantee from the subscriber’s residence. Such
disconnection shall be made as soon as practicable and in no case later than 30 days
following written notice to the grantee of same. No grantee shall enter into any
agreement with a subscriber which imposes any charge following complete
disconnection of service, except for reconnection and subsequent monthly or periodic
charges, and those charges shall be no greater than charges for new customers. This
section shall not prevent a grantee from refusing service to any person because of the
grantee’s prior accounts with that person which remain due and owing. Grantee may
charge reasonable charges for service downgrades.
6. Subscriber Complaints. Subscribers may file complaints with the City
regarding a grantee’s expanded tier rates that are subject to regulation by the FCC by
submitting written comments to the Clerk’s office. Such complaints must be received
within 90 days after the effective date of the new rate.
115.38 PERFORMANCE REVIEW. At City’s sole option, the City may hold a public
hearing at which the grantee shall be present and shall participate to review the performance
and quality of service of the cable system. The report required in this chapter regarding

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subscriber complaints, the records of performance tests, and the opinion survey reports shall
be utilized as the basis for review. In addition, any subscriber may submit comments or
complaints during the review meetings, either orally or in writing, and these shall be
considered.
1. Performance Report. Within 30 days after the conclusion of the public
hearing, City shall issue a report with respect to the adequacy of system performance
and quality of service. If inadequacies are found, City may direct grantee to correct
the inadequacies within a reasonable period of time.
2. Breach Upon Failure to Cure. Failure of grantee, after due notice, to correct
the inadequacies, shall be considered a breach of the franchise, and City may, at its
sole discretion, exercise any remedy within the scope of this chapter considered
appropriate.
115.39 SYSTEM REVIEW. To provide for technological, economic, and regulatory

changes in the state of the art of cable communications, to facilitate renewal procedures, to
promote the maximum degree of flexibility in the cable system, and to achieve a continuing,
advanced modern system, the following system and services review procedures are
established:
1. At City’s sole option, the City may hold a public hearing, at which the grantee
shall be present and shall participate, to review the cable communication system and
service.
2. Grantee shall submit a report to the City within 45 days of City’s request,
indicating the following:
A. All developments and improvements in other cable systems owned or
operated by the grantee, excluding tests and demonstrations.
B. Any specific plans for provision of such new services by the grantee,
or a justification indicating why grantee believes that such services are not
feasible for the franchise area.
3. Topics for discussion and review at the system and services review hearing
include, but are not limited to, services provided, feasibility of providing new
services, application of new technologies, system performance, programming,
subscriber complaints, user complaints, rights of privacy, amendments to the
franchise, undergrounding processes, developments in the law, and regulatory
constraints, and the community’s cable-related future needs and interests.
4. Either the City or the grantee may select additional topics for discussion at
any review hearing.
115.40 ANNUAL REPORTS. Upon written request of the City, within 120 days after the
close of grantee’s fiscal year, the grantee will be required to submit a written annual report, in
a form requested by the City, including (but not limited to) the following information:
1. A summary of the previous year’s (or in the case of the initial report year, the
initial year’s) activities in development of the cable system, including (but not limited
to) services begun or discontinued during the reporting year, and the number of
subscribers for each class of service;
2. A revenue statement, audited by an independent certified public accountant,
or certified by an officer of the grantee;

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3. A statement of projected construction, if any, for the next two years;

4. A list of grantee’s officers, members of its council of directors, and other
principals of grantee;
5. A list of stockholders or other equity investors holding five percent or more of
the voting interest in the grantee and its parent, subsidiary, and affiliated corporations
and other entities, if any, unless the parent is a public corporation whose annual
reports are publicly available. A prospectus is requested but does not necessarily
satisfy requirements in this section.
115.41 SYSTEM SURVEY REPORTS. Along with the annual report required by this
chapter, upon City’s request, the grantee shall submit to the City an annual system survey
report which shall be a survey of the grantee’s plans and a report thereon. Said report shall
include, but not be limited to, a description of and “as-built” maps of the portions of the
franchise area that have been cabled and of all services available and an appropriate
engineering test report or evaluation including suitable electronic measurements conducted in
conformity with such requirements. Said report shall be in sufficient detail to enable the City
to ascertain that the service requirements and technical standards of the franchise are achieved
and maintained.
115.42 COMPLAINT FILE AND REPORTS. An accurate and comprehensive file shall
be kept by the grantee for 18 months of any and all written or documented complaints
regarding the cable system. Grantee shall establish a procedure to remedy complaints quickly
and reasonably to the satisfaction of the City. Complete records of grantee’s actions in
response to all complaints shall be kept.
1. A summary of service requests, identifying the number and nature of the
requests and their disposition, shall be completed for each month and submitted
quarterly when requested in writing by the City.
2. Grantee shall maintain a log and summary of all major service outages within
the preceding three years.
115.43 OTHER REPORTS AND INSPECTIONS. In addition to other reports or

inspections provided by this chapter, grantee shall provide the following reports to or permit
the following inspections by City:
1. Copies of Federal and State Reports. The grantee may be required to submit
to the City copies of all pleadings, applications, notifications, communications, and
documents of any kind, submitted by the grantee to – as well as copies of all
decisions, correspondence, and actions by – any Federal, State, and local courts,
regulatory agencies, and other government bodies relating to its cable television
operations within the franchise area. Grantee shall submit such documents to the City
no later than 30 days after receipt of a City request.
2. Public Reports. A copy of each of grantee’s annual and other periodic public
financial reports and those of its parent, subsidiary, and affiliated corporation and
other entities, as the City requests, shall be submitted to the City within 30 days after
receipt of a request.
3. Miscellaneous Reports. Grantee shall submit to the City such other
information or reports in such forms and at such times as the City may reasonably
request or require.

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4. Inspection of Facilities. The grantee shall allow the City to make inspections
of any of the grantee’s facilities and equipment at any time upon at least ten days’
notice, or in case of emergency, upon demand without prior notice, to allow City to
verify the accuracy of any submitted report.
5. Public Inspection. All reports subject to public disclosure shall be available
for public inspection at a designated local grantee office during normal business
hours.
6. Failure to Report. The willful refusal, failure, or neglect of the grantee to file
any of the reports reasonably required, or such other reports as the City reasonably
may request, may be deemed a breach of the franchise, and may subject the grantee to
all remedies, legal or equitable, which are available to the City under the franchise or
otherwise.
7. False Statements. Any materially false or misleading statement or
representation made knowingly and willfully by the grantee in any report required
under the franchise may be deemed a breach of the franchise and may subject the
grantee to all remedies, legal or equitable, which are available to the City under the
franchise or otherwise.
8. Cost of Reports. One copy of all reports and records required under this or
any other section shall be furnished at the sole expense of the grantee.
115.44 REMEDIES FOR FRANCHISE VIOLATIONS. If the grantee fails to perform

any material obligation under the franchise, or fails to do so in a timely manner, the City may,
at its option, bring civil action, and/or seek remedies as provided in franchise agreement. The
City may:
1. Assess against the grantee monetary damages up to the limits established in
the franchise agreement for material franchise violations, said assessment to be
collected by City after completion of the procedures specified in Section 115.11 of
this chapter. The amount of such assessment shall be deemed to represent liquidated
damages actually sustained by City by reason of grantee’s failure to perform. Such
assessment shall not constitute a waiver by the City of any other right or remedy it
may have under the franchise or under applicable law, including without limitation, its
right to recover from grantee such additional damages, losses, costs and expenses,
including actual attorney fees, as may have been suffered or incurred by City by
reason of or arising out of such breach of the franchise. This provision for assessment
of damages is intended by the parties to be separate and apart from City’s right to
enforce the provisions of the construction and performance bonds provided for in this
chapter and is intended to provide compensation to City for actual damages.
2. Terminate the franchise, for any of the causes stated in this chapter.
3. No remedy shall be imposed by City against grantee for any violation of the
franchise without grantee being afforded due process of law, as provided for in the
franchise agreement.
4. If the grantee fails to perform any material obligations under the franchise,
City may assess monetary damages against the grantee. Grantee shall be provided due
process of law as provided in the franchise agreement and applicable local, State,
Federal laws and FCC Rules and Regulations prior to any actual assessments of
monetary damages.

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115.45 NONPERFORMANCE EXCUSED. In the event grantee’s performance of any of

the terms, conditions, obligations, or requirements of the franchise is prevented or impaired
due to any cause beyond its reasonable control or not reasonably foreseeable, such inability to
perform shall be deemed to be excused and no penalties or sanctions shall be imposed as a
result thereof, provided grantee has notified City within a reasonable time after grantee’s
discovery of the occurrence of such an event. Such causes beyond grantee’s reasonable
control or not reasonably foreseeable shall include, but are not limited to, acts of nature and
civil emergencies.
115.46 CONSTRUCTION BOND.

1. Requirement of Bond. Within 30 days after the granting of a new franchise,
or a renewal which requires significant system construction, and prior to the
commencement of any construction work by the grantee, the grantee shall file with the
City a construction bond in the amount specified in the franchise agreement in favor
of the City and any other person who may claim damages as a result of the breach of
any duty by the grantee assured by said bond.
2. Form of Bond. Such bond as contemplated herein shall be in the form
approved by the City and shall, among other matters, cover the cost of removal of any
properties installed by the grantee in the event said grantee shall default in the
performance of its franchise obligations.
3. No Limitation on Liability. In no event shall the amount of said bond be
construed to limit the liability of the grantee for damages.
4. Waiver of Bond. The City, at its sole option, may waive this requirement, or
permit consolidation of the construction bond with the performance bond specified in
Section 115.47.
5. Release of Bond. Upon completion of construction, any construction bonds
then in force shall be released.
115.47 PERFORMANCE BOND.

1. The City may require any successor, assignee, or transferee of the grantee to
file with the City a performance bond in an amount as specified in the franchise
agreement prior to the commencement of operation. The performance bond shall be
in favor of the City, and the City may be entitled to damages as a result of any
occurrence in the operation of or termination of the cable system operated under this
chapter or the franchise agreement.
2. Such bond as contemplated herein shall be in the form approved by the City.
3. In no event shall the amount of said bond be construed to limit the liability of
the grantee for damages.
4. Within ten days after execution of the franchise agreement, the grantee shall
deposit with the City Clerk, and maintain on deposit through the term of this
franchise, the sum of $10,000.00 as security for the faithful performance by it of all
the provisions of the franchise and compliance with all orders, permits, and directions
of any agency of the City having jurisdiction over its acts or defaults under the
contract, and the payment by the grantee of any claims, liens, and taxes due the City
which arise by reason of the construction, operation, or maintenance of the system.

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5. Within ten days after notice that any amount has been withdrawn from the
security fund deposited pursuant to subsection 1 of this section, the grantee shall pay
to, or deposit with, the City Clerk a sum of money sufficient to restore such security
fund to the original amount of $10,000.00.
6. If the grantee fails to pay to the City any compensation within the time fixed
herein; or fails after ten days’ notice to pay to the City any taxes due and unpaid; or
fails to repay to the City within such ten days any damages, costs, or expenses which
the City shall be compelled to pay by reason of any act or default of the grantee in
connection with the franchise; or fails after three days’ notice of such failure by the
Council to comply with any provision of the contract which the Council reasonably
determines can be remedied by an expenditure of the security, the Clerk may
immediately withdraw the amount thereof, with interest and any penalties, from the
security fund. Upon such withdrawal, the Clerk shall notify the company of the
amount and date thereof.
7. The security fund deposited pursuant to this section shall become the property
of the City in the event that the contract is cancelled by reason of the default of the
grantee. The grantee, however, shall be entitled to the return of such security fund, or
portion thereof, as remains on deposit at the expiration of the term of the franchise,
provided that there is then no outstanding default on the part of the grantee. Interest
earned by the investment of the security fund will accrue to the grantee.
8. The rights reserved to the City with respect to the security fund are in addition
to all other rights of the City, whether reserved by this chapter or authorized by law,
and no action, proceeding, or exercise of a right with respect to such security fund
shall affect any other right the City may have.
115.48 WORK PERFORMED BY OTHERS.

1. The grantee shall give prior notice to the City specifying the names and
addresses of any entity, other than the grantee, that performs construction services in
excess of $10,000.00 pursuant to the franchise, provided, however, that all provisions
of the franchise remain the responsibility of the grantee.
2. All provisions of a franchise shall apply to any subcontractor or others
performing any work or services pursuant to the provisions of the franchise.
3. Nothing in this section shall be construed as allowing the transfer of any
rights or responsibilities of the grantee without approval of the City in writing.
115.49 GRANTEE INSURANCE.

1. Insurance Required. The grantee shall maintain, throughout the term of the
franchise, insurance in amounts at least as follows:
A. Worker’s Compensation. Worker’s compensation with Coverage A
at statutory limits and Coverage B at limits of $500,000. Insurance shall
cover the employees of the grantee in compliance with the State of Iowa and
all other states having jurisdiction over each employee.
B. Comprehensive General Liability. Comprehensive general liability
including premises/operations; products/completed operations; broad form
property damage; contractual liability; coverage for explosion, collapse, and
underground hazards; and pollution control liability shall include limits of not
less than one million dollars for bodily injury (including death) and property

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damage for each occurrence and not less than one million dollars in the
aggregate.
C. Umbrella Liability. Umbrella liability with limits of not less than two
million dollars and carrying the following endorsement: It is hereby
understood and agreed that despite anything to the contrary where underlying
insurance, as described herein, provides greater protection or indemnity to
the insured than the terms and conditions of this policy, this insurance shall
pay on behalf of the insured the same terms, conditions, and coverage which
apply to the basic underlying insurance. Where no such broader underlying
insurance exists, this policy shall pay on behalf of the insured upon terms and
conditions and limitations of the carrier’s umbrella excess policy.
2. Certificates to City. The grantee shall furnish the City with copies of such
insurance policies or certificates of insurance within 45 days of the effective date of
the franchise agreement. Certificates of insurance shall be furnished by the grantee to
the City annually thereafter.
3. City as Additional Insured. Such insurance policies provided for herein shall
name the City as additional insured, and shall be primary to any insurance carried by
City, and shall contain the following endorsement: Should any of the above described
policies be cancelled before the expiration date thereof, the issuing company will
endeavor to mail 30 days’ written notice to the certificate holder named.
4. No Limitation on Liability. The minimum amounts set forth in the franchise
agreement for such insurance shall not be construed to limit the liability of the grantee
to the City under the franchise issued hereunder to the amount of such insurance.
5. Approved Insurers. All insurance carriers providing coverage under
subsection 1 of this section shall be duly licensed to operate in the State of Iowa.
115.50 INDEMNITY.
1. Extent of Indemnity. The grantee shall, by acceptance of any franchise
granted, indemnify, defend, and hold harmless the City, its officers, boards,
commissions, agents, and employees from any and all claims, suits, judgments for
damages or other relief, costs, and attorney’s fees in any way existing out of or
through or alleged to arise out of or through:
A. The act of the City in granting the franchise.
B. The acts or omissions of grantee, its servants, employees, or agents,
including (but not limited to) any failure or refusal by grantee, its servants,
employees, or agents to comply with any obligation or duty imposed on
grantee by this chapter or the franchise agreement.
C. The exercise of any right or privilege granted or permitted by this
chapter or the franchise agreement.
Such indemnification shall include, but not be limited to, all claims arising in tort,
contract, infringements of copyright, violations of statutes, ordinances or regulations,
or otherwise.
2. Defense of Claims. In the event any claims shall arise, the City or any other
indemnified party shall tender the defense thereof to the grantee. Provided, however,
the City or other indemnified party in its sole discretion may participate in the defense
of such claims at grantee’s sole expense, and in such event, such participation shall

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not relieve the grantee from its duty or defense against liability or of paying any
judgment entered against such party. Grantee shall not agree to any settlement of
claims without City approval.
3. City’s Negligence. The grantee shall not be required to indemnify the City
for negligence or willful misconduct on the part of City’s officials, boards,
commissions, agents, or employees.
115.51 ALTERNATE REMEDIES. No provision of this chapter shall be deemed to bar

the right of the City to seek or obtain judicial relief from a violation of any provision of the
franchise or any rule, regulation, requirement, or directive promulgated thereunder. Neither
the existence of other remedies identified in this chapter nor the exercise thereof shall be
deemed to bar or otherwise limit the right of the City to recover monetary damages (including
all dispute-related expenses such as attorneys’ fees and except where liquidated damages are
otherwise prescribed) for such violation by the grantee, or judicial enforcement of the
grantee’s obligations by means of specific performance, injunctive relief or mandate, or any
other judicial remedy available at law or in equity. All judicial action sought for violation of
any provision of the franchise or any rule, regulation, requirement, or directive promulgated
thereunder shall be commenced in the Johnson County District Court.
115.52 NON-ENFORCEMENT. Subject to the provisions of the Act, a grantee shall not
be relieved of any obligation to comply with any of the provisions of the franchise or any rule,
regulation, requirement, or directive promulgated thereunder by reason of any failure of the
City or its officers, agents, or employees to enforce prompt compliance, nor shall such be
considered a waiver thereof.
115.53 COMPLIANCE WITH LAW. Notwithstanding any other provisions of the

franchise to the contrary, the grantee shall at all times comply with all laws and regulations of
the State and Federal government or any administrative agencies thereof. Provided, however,
if any such State or Federal law or regulation requires the grantee to perform any service, or
permits the grantee to perform any service, or prohibits the grantee from performing any
service, in conflict with the terms of the franchise or any law or regulation of the City, then as
soon as possible following knowledge thereof, the grantee shall notify the City of the point of
conflict believed to exist between such regulation or law and the laws or regulations of the
City or the franchise.
115.54 UNAUTHORIZED RECEPTION OR SALE OF CABLE SERVICES.

1. It is unlawful for any person to lawfully obtain any cable signal or service
from a grantee and to resell such cable signal or service without the prior written
consent of such grantee.
2. It is unlawful for any person to intercept, descramble, decode, or receive or
assist in the interception, descrambling, decoding, or receiving of any cable signal or
service of a grantee without the prior written consent of grantee. As used in this
subsection, “assist in interception, descrambling, decoding, or receiving” includes the
manufacture or distribution of equipment intended by the manufacturer or distributor
for unauthorized reception of cable signal or service.
3. It is unlawful for any person to intentionally damage any cables, lines or
equipment of any grantee used in or for the purpose of transmitting cable signals or
service.

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4. It is unlawful for any person to obtain cable signals or service from any
grantee by means of fraud, deceit, or theft.
115.55 WAIVER OR EXEMPTION. The City reserves the right to waive provisions of
this chapter – or exempt a grantee from meeting provisions of this chapter – if the City
determines such waiver or exemption is in the public interest.
115.56 FORCE MAJEURE. Any delay, preemption, or other failure to provide cable
service and to perform other duties contained in this chapter and the franchise agreement by
the grantee caused by factors beyond the grantee’s control, such as acts of God, labor disputes,
non-delivery by program suppliers, war, riots, government order or regulation, shall not result
in a breach of the terms of this chapter and franchise agreement. Grantee shall exercise its
reasonable efforts to cure any such delays and the cause thereof, and performance under the
terms of this chapter and franchise agreement shall be excused by the city for the period of
time during which such factors continue.

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CHAPTER 116
RESIDENTIAL TELECOMMUNICATIONS
INFRASTRUCTURE STANDARD
116.01 TIA REGULATIONS ADOPTED. The provisions of the Telecommunications

Industry Association (TIA) standard for residential telecommunications infrastructure, TIA-
570-B, a revision of TIA/EIA-570-A, approved by the association on April 29, 2004,
pertaining to the installation and design of residential telecommunication premises cabling
systems regulations are adopted by this reference. Compliance with this standard will be
enforced by the City’s Department of Public Safety through permitting and inspections.

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CHAPTER 116 RESIDENTIAL TELECOMMUNICATIONS INFRASTRUCTURE STANDARD

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CHAPTER 120
LIQUOR LICENSES AND WINE AND BEER PERMITS

120.01 License or Permit Required 120.04 Action by Council
120.02 General Prohibition 120.05 Prohibited Sales and Acts
120.03 Investigation 120.06 Amusement Devices
120.01 LICENSE OR PERMIT REQUIRED. No person shall manufacture for sale,

import, sell, or offer or keep for sale, alcoholic liquor, wine, or beer without first securing a
liquor control license, wine permit, or beer permit in accordance with the provisions of
Chapter 123 of the Code of Iowa.
(Code of Iowa, Sec. 123.22, 123.122 & 123.171)
120.02 GENERAL PROHIBITION. It is unlawful to manufacture for sale, sell, offer or

keep for sale, possess or transport alcoholic liquor, wine or beer except upon the terms,
conditions, limitations, and restrictions enumerated in Chapter 123 of the Code of Iowa, and a
license or permit may be suspended or revoked or a civil penalty may be imposed for a
violation thereof.
(Code of Iowa, Sec. 123.2, 123.39 & 123.50)
120.03 INVESTIGATION. Upon receipt of an application for a liquor license, wine or

beer permit, the Clerk may forward it to the Police Chief, who shall then conduct an
investigation and submit a written report as to the truth of the facts averred in the application.
The Fire Chief may also inspect the premises to determine if they conform to the requirements
of the City. The Council shall not approve an application for a license or permit for any
premises which does not conform to the applicable law and ordinances, resolutions and
regulations of the City.
120.04 ACTION BY COUNCIL. The Council shall either approve or disapprove the
issuance of the liquor control license or retail wine or beer permit and shall endorse its
approval or disapproval on the application, and thereafter the application, necessary fee and
bond, if required, shall be forwarded to the Alcoholic Beverages Division of the State
Department of Commerce for such further action as is provided by law.
120.05 PROHIBITED SALES AND ACTS. A person or club holding a liquor license or
retail wine or beer permit and the person’s or club’s agents or employees shall not do any of
the following:
1. Sell, dispense, or give to any intoxicated person, or one simulating
intoxication, any alcoholic liquor, wine, or beer.
2. Sell or dispense any alcoholic beverage, wine, or beer on the premises
covered by the license or permit, or permit its consumption thereon between the hours
of 2:00 a.m. and 6:00 a.m. on a weekday, and between the hours of 2:00 a.m. on
Sunday and 6:00 a.m. on the following Monday; however, a holder of a license or
permit granted the privilege of selling alcoholic liquor, beer, or wine on Sunday may

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CHAPTER 120 LIQUOR LICENSES AND WINE AND BEER PERMITS
sell or dispense alcoholic liquor, beer, or wine between the hours of 8:00 a.m. on
Sunday and 2:00 a.m. of the following Monday, and further provided that a holder of
any class of liquor control license or the holder of a class “B” beer permit may sell or
dispense alcoholic liquor, wine, or beer for consumption on the premises between the
hours of 8:00 a.m. on Sunday and 2:00 a.m. on Monday when that Monday is New
Year’s Day and beer for consumption off the premises between the hours of 8:00 a.m.
on Sunday and 2:00 a.m. on the following Monday when that Sunday is the day before
New Year’s Day.
(Code of Iowa, Sec. 123.49[2b and 2k] & 123.150)
3. Sell alcoholic beverages, wine, or beer to any person on credit, except with a
bona fide credit card. This provision does not apply to sales by a club to its members,
to sales by a hotel or motel to bona fide registered guests or to retail sales by the
managing entity of a convention center, civic center, or events center.
4. Employ a person under eighteen (18) years of age in the sale or serving of
alcoholic liquor, wine, or beer for consumption on the premises where sold.
5. In the case of a retail beer or wine permittee, knowingly allow the mixing or
adding of alcohol or any alcoholic beverage to beer, wine, or any other beverage in or
about the permittee’s place of business.
(Code of Iowa, Sec. 123.49[2i])
6. Knowingly permit any gambling, except in accordance with Iowa law, or
knowingly permit any solicitation for immoral purposes, or immoral or disorderly
conduct on the premises covered by the license or permit.
7. Knowingly permit or engage in any criminal activity on the premises covered
by the license or permit.
(Code of Iowa, Sec. 123.49[2j])
8. Keep on premises covered by a liquor control license any alcoholic liquor in
any container except the original package purchased from the Alcoholic Beverages
Division of the State Department of Commerce and except mixed drinks or cocktails
mixed on the premises for immediate consumption.
(Code of Iowa, Sec. 123.49[2d])
9. Reuse for packaging alcoholic liquor or wine any container or receptacle used
originally for packaging alcoholic liquor or wine; or adulterate, by the addition of any
substance, the contents or remaining contents of an original package of an alcoholic
liquor or wine; or knowingly possess any original package which has been reused or
adulterated.
10. Allow any person other than the licensee, permittee, or employees of the
licensee or permittee to use or keep on the licensed premises any alcoholic liquor in
any bottle or other container which is designed for the transporting of such beverages,
except as allowed by State law.
(Code of Iowa, Sec. 123.49[2g])

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11. Sell, give, possess, or otherwise supply a machine which is used to vaporize
an alcoholic beverage for the purpose of being consumed in a vaporized form.
120.06 AMUSEMENT DEVICES. The following provisions pertain to electronic or

mechanical amusement devices, which are allowed only in premises with a liquor control
license or beer permit as specifically authorized in Section 99B.10 of the Code of Iowa.
(Code of Iowa, Sec. 99B.10C)
1. As used in this section an “electronic or mechanical amusement device”
means a device that awards a prize redeemable for merchandise on the premises where
the device is located and which is required to be registered with the Iowa Department
of Inspection and Appeals.
2. It is unlawful for any person under the age of twenty-one (21) to participate in
the operation of an electrical or mechanical amusement device.
3. It is unlawful for any person owning or leasing an electrical or mechanical
amusement device, or an employee of a person owning or leasing an electrical or
mechanical amusement device, to knowingly allow a person under the age of 21 to
participate in the operation of an electrical or mechanical amusement device.
4. It is unlawful for any person to knowingly participate in the operation of an
electrical or mechanical amusement device with a person under the age of 21.

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°°°°°°°°°°

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CHAPTER 121
CIGARETTE AND TOBACCO PERMITS

121.01 Definitions 121.06 Refunds
121.02 Permit Required 121.07 Persons Under Legal Age
121.03 Application 121.08 Self-Service Sales Prohibited
121.04 Fees 121.09 Permit Revocation
121.05 Issuance and Expiration
1. “Carton” means a box or container of any kind in which ten or more packages
or packs of cigarettes or tobacco products are offered for sale, sold, or otherwise
distributed to consumers.
2. “Cigarette” means any roll for smoking made wholly or in part of tobacco, or
any substitute for tobacco, irrespective of size or shape and irrespective of tobacco or
any substitute for tobacco being flavored, adulterated or mixed with any other
ingredient, where such roll has a wrapper or cover made of paper or any other
material. However, this definition is not to be construed to include cigars.
3. “Package” or “pack” means a container of any kind in which cigarettes or
tobacco products are offered for sale, sold, or otherwise distributed to consumers.
4. “Place of business” means any place where cigarettes or tobacco products are
sold, stored or kept for the purpose of sale or consumption by a retailer.
5. “Retailer” means every person who sells, distributes or offers for sale for
consumption, or possesses for the purpose of sale for consumption, cigarettes,
irrespective of the quantity or amount or the number of sales or who engages in the
business of selling tobacco products to ultimate consumers.
6. “Self-service display” means any manner of product display, placement, or
storage from which a person purchasing the product may take possession of the
product, prior to purchase, without assistance from the retailer or employee of the
retailer, in removing the product from a restricted access location.
7. “Tobacco products” means the following: cigars; little cigars; cheroots;
stogies; periques; granulated, plug cut, crimp cut, ready rubbed and other smoking
tobacco; snuff; cavendish; plug and twist tobacco; fine-cut and other chewing
tobaccos; shorts or refuse scraps, clippings, cuttings and sweepings of tobacco; and
other kinds and forms of tobacco prepared in such manner as to be suitable for
chewing or smoking in a pipe or otherwise, or for both chewing and smoking, but
does not mean cigarettes.
121.02 PERMIT REQUIRED.

1. Cigarette Permits. It is unlawful for any person, other than a holder of a retail
permit, to sell cigarettes at retail and no retailer shall distribute, sell, or solicit the sale
of any cigarettes within the City without a valid permit for each place of business.

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CHAPTER 121 CIGARETTE AND TOBACCO PERMITS
The permit shall, at all times, be publicly displayed at the place of business so as to be
easily seen by the public and the persons authorized to inspect the place of business.
2. Tobacco Permits. It is unlawful for any person to engage in the business of a
retailer of tobacco products at any place of business without first having received a
permit as a tobacco products retailer for each place of business owned or operated by
the retailer.
(Code of Iowa, Sec. 453A.47A)
A retailer who holds a cigarette permit is not required to also obtain a tobacco permit.
However, if a retailer only holds a cigarette permit and that permit is suspended, revoked, or
expired, the retailer shall not sell any cigarettes or tobacco products during such time.
121.03 APPLICATION. A completed application on forms furnished by the State

Department of Revenue or on forms made available or approved by the Department and
accompanied by the required fee shall be filed with the Clerk. Renewal applications shall be
filed at least five (5) days prior to the last regular meeting of the Council in June. If a renewal
application is not timely filed, and a special Council meeting is called to act on the
application, the costs of such special meeting shall be paid by the applicant.
(Code of Iowa, Sec. 453A.13 & 453A.47A)
121.04 FEES. The fee for a retail cigarette or tobacco permit shall be as follows:
(Code of Iowa, Sec. 453A.13 & 453A.47A)
FOR PERMITS GRANTED DURING: FEE:

July, August or September $ 75.00
October, November or December $ 56.25
January, February or March $ 37.50
April, May or June $ 18.75
121.05 ISSUANCE AND EXPIRATION. Upon proper application and payment of the
required fee, a permit shall be issued. Each permit issued shall describe clearly the place of
business for which it is issued and shall be nonassignable. All permits expire on June 30 of
each year. The Clerk shall submit a duplicate of any application for a permit, and any permit
issued, to the Iowa Department of Public Health within thirty (30) days of issuance.
121.06 REFUNDS. A retailer may surrender an unrevoked permit and receive a refund from
the City, except during April, May, or June, in accordance with the schedule of refunds as
provided in Section 453A.13 or 453A.47A of the Code of Iowa.
(Code of Iowa, 453A.13 & 453A.47A)
121.07 PERSONS UNDER LEGAL AGE. No person shall sell, give, or otherwise supply
any tobacco, tobacco products, or cigarettes to any person under eighteen (18) years of age.
The provision of this section includes prohibiting a minor from purchasing cigarettes or
tobacco products from a vending machine. If a retailer or employee of a retailer violates the
provisions of this section, the Council shall, after written notice and hearing, and in addition to
the other penalties fixed for such violation, assess the following:
1. For a first violation, the retailer shall be assessed a civil penalty in the amount
of three hundred dollars ($300.00). Failure to pay the civil penalty as ordered under
this subsection shall result in automatic suspension of the permit for a period of
fourteen (14) days.

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2. For a second violation within a period of two years, the retailer shall be
assessed a civil penalty in the amount of one thousand five hundred dollars
($1,500.00) or the retailer’s permit shall be suspended for a period of thirty (30) days.
The retailer may select its preference in the penalty to be applied under this
subsection.
3. For a third violation within a period of three years, the retailer shall be
assessed a civil penalty in the amount of $1,500.00 and the retailer’s permit shall be
suspended for a period of 30 days.
4. For a fourth violation within a period of three years, the retailer shall be
assessed a civil penalty in the amount of $1,500.00 and the retailer’s permit shall be
suspended for a period of sixty (60) days.
5. For a fifth violation with a period of four years, the retailer’s permit shall be
revoked.
The Clerk shall give ten (10) days’ written notice to the retailer by mailing a copy of the
notice to the place of business as it appears on the application for a permit. The notice shall
state the reason for the contemplated action and the time and place at which the retailer may
appear and be heard.
(Code of Iowa, Sec. 453A.2, 453A.22 and 453A.36[6])
121.08 SELF-SERVICE SALES PROHIBITED. Beginning January 1, 1999, except for

the sale of cigarettes through a cigarette vending machine as provided in Section 453A.36(6)
of the Code of Iowa, a retailer shall not sell or offer for sale cigarettes or tobacco products, in a
quantity of less than a carton, through the use of a self-service display.
(Code of Iowa, Sec. 453A.36A)
121.09 PERMIT REVOCATION. Following a written notice and an opportunity for a

hearing, as provided by the Code of Iowa, the Council may also revoke a permit issued
pursuant to this chapter for a violation of Division I of Chapter 453A of the Code of Iowa or
any rule adopted thereunder. If a permit is revoked, a new permit shall not be issued to the
permit holder for any place of business, or to any other person for the place of business at
which the violation occurred, until one year has expired from the date of revocation, unless
good cause to the contrary is shown to the Council. The Clerk shall report the revocation or
suspension of a retail permit to the Iowa Department of Public Health within thirty (30) days
of the revocation or suspension.

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°°°°°°°°°°

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CHAPTER 122
PEDDLERS, SOLICITORS AND TRANSIENT

MERCHANTS
122.01 Purpose 122.10 Time Restriction
122.02 Definitions 122.11 Revocation of License
122.03 License Required 122.12 Notice
122.04 Application for License 122.13 Hearing
122.05 License Fees 122.14 Record and Determination
122.06 Bond Required 122.15 Appeal
122.07 License Issued 122.16 Effect of Revocation
122.08 Display of License 122.17 License Exemptions
122.09 License Not Transferable 122.18 Charitable and Nonprofit Organizations
122.01 PURPOSE. The purpose of this chapter is to protect residents of the City against
fraud, unfair competition, and intrusion into the privacy of their homes by licensing and
regulating peddlers, solicitors, and transient merchants.
1. “Peddler” means any person carrying goods or merchandise who sells or
offers for sale for immediate delivery such goods or merchandise from house to house
or upon the public street.
2. “Solicitor” means any person who solicits or attempts to solicit from house to
house or upon the public street any contribution or donation or any order for goods,
services, subscriptions or merchandise to be delivered at a future date.
3. “Transient merchant” means any person who engages in a temporary or
itinerant merchandising business and in the course of such business hires, leases or
occupies any building or structure whatsoever, or who operates out of a vehicle which
is parked anywhere within the City limits. Temporary association with a local
merchant, dealer, trader or auctioneer, or conduct of such transient business in
connection with, as a part of, or in the name of any local merchant, dealer, trader, or
auctioneer does not exempt any person from being considered a transient merchant.
122.03 LICENSE REQUIRED. Any person engaging in peddling, soliciting or in the

business of a transient merchant in the City without first obtaining a license as herein provided
or without possession of the license while so engaged is in violation of this chapter.
122.04 APPLICATION FOR LICENSE. An application in writing shall be filed with the
City Clerk for a license under this chapter. Such application shall set forth the applicant’s
name, permanent and local address, and business address if any. The application shall also set
forth the applicant’s employer, if any, and the employer’s address, the nature of the applicant’s
business, the last three places of such business and the length of time sought to be covered by
the license. An application fee of ten dollars ($10.00) shall be paid at the time of filing such
application to cover the cost of investigating the facts stated therein.

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CHAPTER 122 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
122.05 LICENSE FEES. The following license fees shall be paid to the City Clerk prior to
the issuance of any license.
1. Solicitors. In addition to the application fee for each person actually soliciting
(principal or agent), a fee for the principal of twenty dollars ($20.00) per year.
2. Peddlers or Transient Merchants.
A. For one day .................................................. $ 10.00
B. For one week ............................................... $ 15.00
C. For up to six (6) months ............................... $ 40.00
D. For one year or major part thereof ............... $ 75.00
122.06 BOND REQUIRED. Before a license under this chapter is issued to a transient
merchant, an applicant shall provide to the Clerk evidence that the applicant has filed a bond
with the Secretary of State in accordance with Chapter 9C of the Code of Iowa.
122.07 LICENSE ISSUED. If the City Clerk finds the application is completed in
conformance with the requirements of this chapter, the facts stated therein are found to be
correct, and the license fee paid, a license shall be issued immediately.
122.08 DISPLAY OF LICENSE. Each solicitor or peddler shall keep such license in
possession at all times while doing business in the City and shall, upon the request of
prospective customers, exhibit the license as evidence of compliance with all requirements of
this chapter. Each transient merchant shall display publicly such merchant’s license in the
merchant’s place of business.
122.09 LICENSE NOT TRANSFERABLE. Licenses issued under the provisions of this
chapter are not transferable in any situation and are to be applicable only to the person filing
the application.
122.10 TIME RESTRICTION. All peddler’s and solicitor’s licenses shall provide that
said licenses are in force and effect only between the hours of 8:00 a.m. and 7:00 p.m.
122.11 REVOCATION OF LICENSE. After notice and hearing, the City Clerk may
revoke any license issued under this chapter for the following reasons:
1. Fraudulent Statements. The licensee has made fraudulent statements in the
application for the license or in the conduct of the business.
2. Violation of Law. The licensee has violated this chapter or has otherwise
conducted the business in an unlawful manner.
3. Endangered Public Welfare, Health, or Safety. The licensee has conducted
the business in such manner as to endanger the public welfare, safety, order, or
morals.
122.12 NOTICE. The City Clerk shall send a notice to the licensee at the licensee’s local
address, not less than ten (10) days before the date set for a hearing on the possible revocation
of a license. Such notice shall contain particulars of the complaints against the licensee, the
ordinance provisions or State statutes allegedly violated, and the date, time and place for
hearing on the matter.

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122.13 HEARING. The City Clerk shall conduct a hearing at which both the licensee and
any complainants shall be present to determine the truth of the facts alleged in the complaint
and notice. Should the licensee, or authorized representative, fail to appear without good
cause, the City Clerk may proceed to a determination of the complaint.
122.14 RECORD AND DETERMINATION. The City Clerk shall make and record
findings of fact and conclusions of law, and shall revoke a license only when upon review of
the entire record the City Clerk finds clear and convincing evidence of substantial violation of
this chapter or State law.
122.15 APPEAL. If the City Clerk revokes or refuses to issue a license, the City Clerk shall
make a part of the record the reasons therefor. The licensee, or the applicant, shall have a
right to a hearing before the City Administrator. The City Administrator may reverse, modify,
or affirm the decision of the City Clerk and the City Clerk shall carry out the decision of the
City Administrator.
122.16 EFFECT OF REVOCATION. Revocation of any license shall bar the licensee
from being eligible for any license under this chapter for a period of one year from the date of
the revocation.
122.17 LICENSE EXEMPTIONS. The following are excluded from the application of
this chapter.
1. Newspapers. Persons delivering, collecting for, or selling subscriptions to
newspapers.
2. Club Members. Members of local civic and service clubs, Boy Scout, Girl
Scout, 4-H Clubs, Future Farmers of America, and similar organizations.
3. Local Residents and Farmers. Local residents and farmers who offer for sale
their own products.
4. Students. Students representing the Iowa City Community School District,
Clear Creek Amana School District, Heritage Christian School and Regina Catholic
Education Center conducting projects sponsored by organizations recognized by the
school.
5. Route Sales. Route delivery persons who only incidentally solicit additional
business or make special sales.
6. Resale or Institutional Use. Persons customarily calling on businesses or
institutions for the purposes of selling products for resale or institutional use.
122.18 CHARITABLE AND NONPROFIT ORGANIZATIONS. Authorized

representatives of charitable or nonprofit organizations operating under the provisions of
Chapter 504A of the Code of Iowa desiring to solicit money or to distribute literature are
exempt from the operation of Sections 122.04 and 122.05. All such organizations are required
to submit in writing to the City Clerk the name and purpose of the cause for which such
activities are sought, names and addresses of the officers and directors of the organization, the
period during which such activities are to be carried on, and whether any commissions, fees or
wages are to be charged by the solicitor and the amount thereof. If the City Clerk finds that
the organization is a bona fide charity or nonprofit organization the City Clerk shall issue, free
of charge, a license containing the above information to the applicant. In the event the City

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Clerk denies the exemption, the authorized representatives of the organization may appeal the
decision to the Council, as provided in Section 122.15 of this chapter.

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CHAPTER 123
HOUSE MOVERS
123.01 House Mover Defined 123.07 Permit Issued
123.02 Permit Required 123.08 Public Safety
123.03 Application 123.09 Time Limit
123.04 Bond Required 123.10 Removal by City
123.05 Insurance Required 123.11 Protect Pavement
123.06 Permit Fee 123.12 Overhead Wires
123.01 HOUSE MOVER DEFINED. A “house mover” means any person who undertakes
to move a building or similar structure upon, over or across public streets or property when the
building or structure is of such size that it requires the use of skids, jacks, dollies, or any other
specialized moving equipment.
123.02 PERMIT REQUIRED. It is unlawful for any person to engage in the activity of
house mover as herein defined without a valid permit from the City for each house, building or
similar structure to be moved. Buildings of less than one hundred (100) square feet are
exempt from the provisions of this chapter.
123.03 APPLICATION. Application for a house mover’s permit shall be made in writing
to the Clerk. The application shall include:
1. Name and Address. The applicant’s full name and address and if a
corporation the names and addresses of its principal officers.
2. Building Location. An accurate description of the present location and future
site of the building or similar structure to be moved.
3. Routing Plan. A routing plan approved by the Police Chief and Street
Superintendent. The route approved shall be the shortest route compatible with the
greatest public convenience and safety.
123.04 BOND REQUIRED. The applicant shall post with the Clerk a penal bond in the
minimum sum of ten thousand dollars ($10,000.00) issued by a surety company authorized to
issue such bonds in the State. The bond shall guarantee the permittee’s payment for any
damage done to the City or to public property, and payment of all costs incurred by the City in
the course of moving the building or structure.
123.05 INSURANCE REQUIRED. Each applicant shall also file a certificate of insurance
indicating that the applicant is carrying public liability insurance in effect for the duration of
the permit covering the applicant and all agents and employees for the following minimum
amounts:
1. Bodily Injury – $100,000 per person; $300,000 per accident.
2. Property Damage – $100,000 per accident.
123.06 PERMIT FEE. A permit fee of one hundred dollars ($100.00) shall be payable at
the time of filing the application with the Clerk. A separate permit shall be required for each
house, building or similar structure to be moved.

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CHAPTER 123 HOUSE MOVERS
123.07 PERMIT ISSUED. Upon approval of the application, filing of bond and insurance
certificate, and payment of the required fee, the Clerk shall issue a permit.
123.08 PUBLIC SAFETY. At all times when a building or similar structure is in motion
upon any street, alley, sidewalk or public property, the permittee shall maintain flag persons at
the closest intersections or other possible channels of traffic to the sides, behind and ahead of
the building or structure. At all times when the building or structure is at rest upon any street,
alley, sidewalk or public property the permittee shall maintain adequate warning signs or
lights at the intersections or channels of traffic to the sides, behind and ahead of the building
or structure.
123.09 TIME LIMIT. No house mover shall permit or allow a building or similar structure
to remain upon any street or other public way for a period of more than twelve (12) hours
without having first secured the written approval of the City.
123.10 REMOVAL BY CITY. In the event any building or similar structure is found to be
in violation of Section 123.09 the City is authorized to remove such building or structure and
assess the costs thereof against the permit holder and the surety on the permit holder’s bond.
123.11 PROTECT PAVEMENT. It is unlawful to move any house or building of any kind
over any pavement, unless the wheels or rollers upon which the house or building is moved
are at least one inch in width for each one thousand (1,000) pounds of weight of such building.
If there is any question as to the weight of a house or building, the estimate of the City as to
such weight shall be final.
123.12 OVERHEAD WIRES. The holder of any permit to move a building shall see that
all telephone, cable television and electric wires and poles are removed when necessary and
replaced in good order, and shall be liable for the costs of the same.

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CHAPTER 124
TEMPORARY OUTDOOR EATING ESTABLISHMENTS

124.01 Purpose 124.10 Issuance of License
124.02 Definitions 124.11 License Period
124.03 Exemptions 124.12 License Nontransferable
124.04 License Required 124.13 Denial or Revocation of License; Appeal
124.05 Application Contents 124.14 License Renewal
124.06 Number Of Licenses Issued 124.15 License Exhibited
124.07 Designated Officer 124.16 Revocation Of License
124.08 License Fee 124.17 Misrepresentation or Prohibited Sale
124.09 Bond 124.18 Violation; Penalty
124.01 PURPOSE. The purpose of this chapter is to regulate the activities of temporary
outdoor eating establishments within the corporate limits of the City by requiring registration
and licensing to engage in any such activities, and providing for the enforcement and penalties
for violation of such uses.
1. “License” means formal written permission issued by the City Clerk, pursuant
to this chapter, to any person to sell or offer food and/or beverage for sale in an
outdoor setting.
2. “Person” includes both singular and plural, and means any natural person,
firm, partnership, association, corporation, or organization of any kind.
3. “Temporary outdoor eating establishment” means any collection of seats,
tables, cooking appliances, coolers, or other food-related items assembled for the sale
of food or beverage to the public, on either public or private property, and not
accessory to an existing food establishment on the same lot.
124.03 EXEMPTIONS.
1. Generally. This chapter shall not apply to any of the following:
A. Transient merchants, because they are defined and regulated in
Chapter 122 of this Code of Ordinances;
B. Accessory outdoor eating establishments associated with permanent
restaurants, because they are defined and regulated in the Zoning Ordinance.
C. Miscellaneous stands operated by minors for lemonade or similar
sales, typically for only a day or weekend.
D. Special events sponsored or endorsed by the City, which may or may
not include more than one vendor, and are generally in operation for a short
time, such as farmers’ markets and community events and celebrations.
2. Religious and Not-for-Profit Organizations. If after reviewing the application
the City Clerk finds that the organization is a bona fide religious or not-for-profit
organization, he or she shall issue a license free of charge to the applicant.

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CHAPTER 124 TEMPORARY OUTDOOR EATING ESTABLISHMENTS
124.04 LICENSE REQUIRED. Any person operating a temporary outdoor eating

establishment, as defined in and not specifically exempted from this chapter, shall first obtain
a license as provided in this chapter, or shall be considered to be in violation of this chapter.
124.05 APPLICATION CONTENTS. Each written application for a license pursuant to

this chapter made to the City Clerk shall contain the following information:
1. The true name of the applicant;
2. The permanent home and local address of the applicant;
3. A brief description of the food and/or beverages to be sold, offered for sale, or
for which sale will be solicited;
4. Copies to be placed on file with the City Clerk of all materials used in selling,
including but not limited to contracts, brochures, advertisements, and any Health
Department certifications required by State law;
5. If employer is a corporation, the state of its incorporation, whether it is
authorized to do business in Iowa, and evidence that the corporation has a designated
resident agent in the City upon whom legal service may be made and that the
corporation will be responsible for the acts of its employees in the City;
6. The length of time for which the right to do business is desired, not to exceed
the limit established in Section 124.11;
7. The last municipalities, not exceeding three, where the applicant carried on
business immediately preceding the date of application and the addresses from which
such business was conducted in those cities;
8. A statement as to whether the applicant has been convicted of any crime,
misdemeanor, or violation, the nature of the offense, and the penalty or punishment
assessed therefor.
124.06 NUMBER OF LICENSES ISSUED. No more than 10 licenses may be issued to be

in effect at any given time. Licenses are issued on a first-come, first-served basis; however,
licenses for religious or not-for-profit organizations and for special events sponsored or
endorsed by the City shall not be counted toward the maximum number allowed.
Applications may not be submitted more than 90 days in advance of the 120-day time period
for which the license is sought.
124.07 DESIGNATED OFFICER. All license applications as provided in this chapter

shall be made in writing to the City Clerk on a form provided by the City Clerk.
124.08 LICENSE FEE. Each license application made as provided in this chapter shall be
accompanied by a $20.00 fee to cover the administrative costs of the City. Each person
intending to operate a temporary outdoor eating establishment is required to apply for and
obtain a license.
124.09 BOND. An applicant for a license under this section shall file with the City Clerk a
surety bond in the amount of $1,000.00, conditioned that the applicant shall comply fully with
all ordinances of the City and laws of Iowa regulating temporary outdoor eating
establishments. Action on such bond may be brought by the City.

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124.10 ISSUANCE OF LICENSE. If the City Clerk finds the application is made out in
conformance with this section, and the facts stated therein are correct, and that no more than
nine other permits will be in effect at any time during the requested license period, he or she
shall issue a license and charge a fee of $20.00. A license shall not be issued if the application
for a license is incomplete. The City Clerk shall maintain a complete register of temporary
outdoor eating establishments so licensed, with a home address, description, and date of issue
for each, and of any renewal or surrender of each permit so issued.
124.11 LICENSE PERIOD. A license issued pursuant to this chapter shall be, in all cases,
issued for a period not to exceed 120 days. All licenses granted under this chapter shall expire
at 6:00 p.m. of the last day for which the license was issued.
124.12 LICENSE NONTRANSFERABLE. Each license shall authorize only the activity
of the particular licensee to whom the license was issued for the period of the license as set out
in this chapter. The license shall not be transferred.
124.13 DENIAL OR REVOCATION OF LICENSE; APPEAL. Any person aggrieved

by the action of the City Clerk in the denial or revocation of a license as provided in this
chapter shall have the right of appeal to the City Administrator. Such appeal shall be taken by
filing with the City Administrator a written statement setting forth fully the grounds for the
appeal. The Administrator shall set a time and place for a hearing on such appeal, and notice
of such hearing shall be given to the petitioner therefor. The decisions and order of the
Administrator on such appeal shall be final and conclusive.
124.14 LICENSE RENEWAL. Within the last ten days of the period of any previous
license, an application for renewal of the license may be made to the City Clerk upon payment
of a $10.00 renewal fee. Only one such renewal may be granted in any 12-month period, and
no such period of renewal shall exceed 120 additional days.
124.15 LICENSE EXHIBITED. The City Clerk shall issue to each licensee a license to be
displayed at all times when he or she is operating the outdoor eating establishment.
124.16 REVOCATION OF LICENSE. The City Council may revoke any license issued
under this chapter, where the licensee, in the application for the license or in the course of
conducting his or her business, has made fraudulent or incorrect statements, or has violated
this chapter or has otherwise conducted his or her business in an unlawful manner.
Falsification of information on the application shall be grounds for revocation. Notice of the
revocation of license shall be given in writing, setting forth specifically the grounds of
complaint and the time and place of hearing. Such notice shall be mailed by registered mail to
the licensee at his or her last known address at least five days prior to the date set for hearing.
124.17 MISREPRESENTATION OR PROHIBITED SALE. No temporary outdoor

eating establishment shall falsely or fraudulently misrepresent the quality, character, or
quantity of any article, item, or commodity offered for sale or sell any unwholesome or tainted
food or food stuffs. No licensee, as provided for in this chapter, shall harass, intimidate,
coerce, or threaten any individual to induce a sale or attempt to engage in any of the foregoing
prohibited forms of conduct.
124.18 VIOLATION; PENALTY. Any person violating the provisions of this chapter
shall, upon conviction, be subject to the provisions of Section 1.14 of this Code of Ordinances.
Nothing as provided for in this chapter shall be construed to abrogate or limit any cause of

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action which any private citizen may have against any licensee for conduct punishable as
provided for in this chapter or otherwise.

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CHAPTER 125
ELECTRICIAN AND PLUMBER LICENSES

125.01 License Required 125.03 License Fees
125.02 Insurance 125.04 Expiration of License
125.01 LICENSE REQUIRED. No electrician or plumber shall do work in the City

without first obtaining an annual license from the City. Application for a license shall be
made to the Department of Building Safety. In order to receive a City license the applicant
must be currently licensed by another local government approved by the City.
125.02 INSURANCE. Each applicant shall file a certificate of insurance with the
Department of Building Safety indicating that the applicant is carrying public liability
insurance in effect for the duration of the license.
125.03 LICENSE FEES.

1. The fees for plumber licenses are as follows:
A. Master Plumber License – $25.00 per year.
B. Journeyman Plumber License – $15.00 per year.
2. The fees for electrician licenses are as follows:
A. Master Electrician License – $25.00 per year.
B. Journeyman Electrician License – $15.00 per year.
125.04 EXPIRATION OF LICENSE. All licenses shall expire on December 31 of each

year and shall be renewed annually upon application of the licensee and payment of the
license fee to the Department of Building Safety.

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CHAPTER 125 ELECTRICIAN AND PLUMBER LICENSES
°°°°°°°°°°

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CHAPTER 126
LICENSING OF TAXI SERVICE

126.01 Purpose 126.09 Displaying the License
126.02 Definitions 126.10 Term of License
126.03 License Required 126.11 License Not Transferable
126.04 Fee 126.12 Revocation of License
126.05 Investigation and Report 126.13 Rates
126.06 Liability Insurance 126.14 Vehicle Requirements
126.07 Issuance 126.15 Duty to Carry
126.08 License Contents
126.01 PURPOSE. The purpose of this chapter is to regulate and license the operation of
any taxi service within the corporate limits of the City by requiring registration and licensing
and providing for the enforcement hereof and penalties for the violation thereof.
1. “Driver” means a person authorized by the City to drive a taxi.
2. “Operator” means any person, whether or not the owner of a taxi, who will
profit financially by the operation of a taxi, but does not include a person hired to
drive a taxi.
3. “Taxi” means any motor vehicle that is used on the streets of the City for the
purpose of carrying passengers for hire for which public patronage is solicited within
the City.
126.03 LICENSE REQUIRED. It is unlawful for any person to operate a taxi service
within the City without a valid taxi license issued under this chapter. A taxi operated
principally in other cities and licensed thereby that uses the streets of the City only temporarily
and on isolated occasions need not have or obtain a license under this chapter.
1. Taxi License Application. A taxi operator shall apply in writing to the City
for a license for each taxi. The application shall include:
A. The name and residential and business addresses of the operator;
B. The experience of the operator in the transportation of passengers;
C. The operator’s record of convictions of misdemeanors and/or
felonies, including moving and nonmoving traffic violations;
D. The make, model, year, vehicle identification number, and State
license plate number of each taxi;
E. A copy of the fare rate card.
2. Taxi Driver License Application. No taxi licensed by the City shall be driven
at any time for hire unless the driver of such vehicle shall have first obtained and shall
have then in force a taxi driver license issued by the City. The application shall
include:
A. The name and address of the person;

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CHAPTER 126 LICENSING OF TAXI SERVICE
B. The experience of the person in the transportation of passengers;

C. The person’s record of convictions of misdemeanors and/or felonies,
including moving and nonmoving traffic violations;
D. Currently valid Iowa chauffeur’s license.
126.04 FEE. The application for a taxi license or a taxi driver license shall be accompanied
by a license fee, as established by resolution of the Council, for each license.
126.05 INVESTIGATION AND REPORT. The Police Chief shall investigate the
character of the applicant for a taxi license or a taxi driver license and shall inspect each taxi
to be licensed, and shall report on these matters. Such investigations, inspection, and report
may be waived by the City upon showing of a valid license, duly issued by a municipality
which has any portion of a common corporate boundary with the City in compliance with
requirements similar to or more stringent than those contained in this chapter.
126.06 LIABILITY INSURANCE. As a condition to granting a taxi license, the applicant

shall file with the City evidence of liability insurance coverage, via a certificate of insurance
executed by a company authorized to do insurance business in this State, and that is acceptable
to the City and provides the minimum limits set by Council resolution. Each certificate of
insurance shall require written notice to the City ten calendar days prior to any nonrenewal,
suspension, cancellation, or termination of coverage. Failure to maintain such coverage in full
force and effect shall constitute immediate revocation of the license.
126.07 ISSUANCE. The City shall promptly review each application and shall issue a
license when the City Administrator determines that there is no information which would
indicate that the issuance of such license would be detrimental to the safety, health, or welfare
of residents of the City. An application for a license may be denied based on an adverse
driving record, conviction of other crimes or prior experience of the applicant that
demonstrates a disregard for the safety of others and/or a lack of responsibility.
126.08 LICENSE CONTENTS. A license shall contain the signatures of the City
Administrator and City Clerk, the date of issuance, the period for which the license is valid,
the passenger seating capacity of the taxi and the information contained in the application.
126.09 DISPLAYING THE LICENSE. Each taxi shall have prominently displayed the
taxi license and the taxi driver license.
126.10 TERM OF LICENSE. All taxi licenses issued pursuant to this chapter shall be
valid for one year. The license fee provided for under this chapter shall be nonrefundable and
not prorated for revocation or suspension. However, the license fee shall be prorated for
operation of a taxi service for only a portion of a license period. The license period shall
commence on July 1, or on the date the operations are started, and shall terminate the last day
in June. Renewals shall follow the same procedure as set for initial issuance.
126.11 LICENSE NOT TRANSFERABLE. Each taxi license shall be issued for one
specific taxi only and shall not be transferable from taxi to taxi or to a different operator. The
operator shall notify the City when a licensed taxi is withdrawn from service to be replaced by
another taxi. A license for the replacement taxi shall be issued after payment of a transfer fee,
as established by resolution of the Council, subject to compliance with vehicle inspection
requirements.

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126.12 REVOCATION OF LICENSE. The City may revoke or suspend any license
issued under this chapter for the following reasons:
1. Fraudulent Statements. The operator has made fraudulent statements in the
application for the license or in the conduct of business.
2. Violation of Law or Ordinance. The operator has substantially violated the
requirements of this chapter or the State motor vehicle laws.
3. Operation as to Endanger Safety, Health, or Welfare. The operator has
conducted business in a manner that substantially endangers the public safety, health,
welfare, order, or morals.
A hearing shall be conducted before revoking or suspending a license. The operator shall be
given notice of the hearing at least five and not more than 30 days before the date of the
hearing. The notice shall be in writing and shall be served personally or as required for
personal service by the Iowa Rules of Civil Procedure. The notice shall state the time and
place of the hearing and the reasons for the intended revocation or suspension.
126.13 RATES. Each vehicle for hire shall have prominently displayed a fare rate card
visible to all passenger seats, and each driver shall provide a copy of the fare rate card to a
passenger, when requested. A passenger of a taxi may request from the driver an estimate of
the fare to be charged, and the driver may provide such an estimate based on the fares
displayed on the rate card. The driver shall then charge a fare not to exceed the estimate given
plus the rate card fare for one-half mile.
126.14 VEHICLE REQUIREMENTS. Each vehicle for hire shall have the name of the
owner or the operating company painted plainly in letters at least two inches in height on each
side of the vehicle. Each taxi shall be equipped with an interior light of sufficient
candlepower to amply illuminate the interior of the taxi at all times. The light shall be so
arranged as to be easily accessible to and operable by passengers.
126.15 DUTY TO CARRY. The driver of a taxi shall have the right to demand payment of
the legal fare in advance and may refuse employment unless so prepaid. However, no driver
shall otherwise refuse or neglect to convey any orderly person upon request, unless previously
engaged or unable to do so.

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°°°°°°°°°°

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CHAPTER 127
SANITARY SEWER AND WATER SERVICE

INSTALLER LICENSES
127.01 License Required 127.05 Reexaminations
127.02 Application for License 127.06 License Renewals
127.03 Examination Fee 127.07 Revocation of License
127.04 Licensing Standards 127.08 Reissuance of License After Revocation
127.01 LICENSE REQUIRED. No person shall work as a sanitary sewer and water
service installer within the City unless the person holds a sanitary sewer and water service
installer’s license issued by the City, or the State of Iowa.
127.02 APPLICATION FOR LICENSE. Any person required by this chapter to possess a
license shall make application to the administrative authority.
127.03 EXAMINATION FEE. The examination fee for persons applying for a license
shall be established by resolution of the City Council and shall not be refunded.
127.04 LICENSING STANDARDS. A sanitary sewer and water service installer’s license
shall be issued to every person who successfully passes the examination approved by the
Board of Appeals or possesses a current valid sanitary sewer and water service installer’s
license issued by the City. The applicant shall provide a penal bond in the minimum sum of
five thousand dollars ($5,000.00) issued by a surety company authorized to issue such bonds
in the State.
127.05 REEXAMINATIONS. Any person who fails the sanitary sewer and water service
installer’s examination must wait a minimum of thirty (30) calendar days before retesting.
127.06 LICENSE RENEWALS.

1. License Expiration. Every license which has not previously been revoked
shall expire on December 31 of each year. Renewal fees and reinstatement fees shall
be as established by resolution of the City Council. Any license that has expired may
be reinstated within sixty (60) calendar days after the expiration date upon payment of
an additional reinstatement fee. After the expiration of the sixty (60) calendar days
period, no license obtained by municipal testing shall be renewed except upon
reexamination.
2. Employer Identification. At the time of renewal, each licensee shall identify
the company the licensee is currently employed by.
127.07 REVOCATION OF LICENSE.

1. The administrative authority, with consent of the Board of Appeals, may
revoke any license issued if the license holder shows substantial incompetency or lack
of knowledge, if the license was obtained by fraud, or for continual violation of any
sections of this code.

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CHAPTER 127 SANITARY SEWER AND WATER SERVICE
INSTALLER LICENSES
2. Licenses are not transferable. The lending, selling, giving, or assigning of any
license or the obtaining of permits for any other person shall not be allowed and shall
be deemed cause for revocation.
3. Revocation shall occur only after the administrative authority has given the
licensee written notice and an opportunity for an administrative hearing before the
Board of Appeals.
127.08 REISSUANCE OF LICENSE AFTER REVOCATION. If a license is revoked

for any reason, another license shall not be issued for at least twelve (12) months after
revocation.

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CHAPTER 135
STREET USE AND MAINTENANCE

135.01 Removal of Warning Devices 135.08 Burning Prohibited
135.02 Obstructing or Defacing 135.09 Excavations
135.03 Placing Debris On 135.10 Maintenance of Parking or Terrace
135.04 Playing In 135.11 Failure to Maintain Parking or Terrace
135.05 Traveling on Barricaded Street or Alley 135.12 Dumping of Snow
135.06 Use for Business Purposes 135.13 Driveway Culverts
135.07 Washing Vehicles
135.01 REMOVAL OF WARNING DEVICES. It is unlawful for a person to willfully

remove, throw down, destroy or carry away from any street or alley any lamp, obstruction,
guard or other article or things, or extinguish any lamp or other light, erected or placed
thereupon for the purpose of guarding or enclosing unsafe or dangerous places in said street or
alley without the consent of the person in control thereof.
135.02 OBSTRUCTING OR DEFACING. It is unlawful for any person to obstruct,

deface, or injure any street or alley in any manner.
135.03 PLACING DEBRIS ON. It is unlawful for any person to throw or deposit on any
street or alley any glass, glass bottle, nails, tacks, wire, cans, trash, garbage, rubbish, litter,
offal, leaves, grass or any other debris likely to be washed into the storm sewer and clog the
storm sewer, or any substance likely to injure any person, animal or vehicle.
135.04 PLAYING IN. It is unlawful for any person to coast, sled, or play games on streets
or alleys, except in the areas blocked off by the City for such purposes.
135.05 TRAVELING ON BARRICADED STREET OR ALLEY. It is unlawful for any

person to travel or operate any vehicle on any street or alley temporarily closed by barricades,
lights, signs, or flares placed thereon by the authority or permission of any City official, police
officer or member of the Fire Department.
135.06 USE FOR BUSINESS PURPOSES. It is unlawful to park, store or place,

temporarily or permanently, any machinery or junk or any other goods, wares, and
merchandise of any kind upon any street or alley for the purpose of storage, exhibition, sale or
offering same for sale, without permission of the Council.
135.07 WASHING VEHICLES. It is unlawful for any person to use any public sidewalk,
street, or alley for the purpose of washing or cleaning any automobile, truck equipment, or any
vehicle of any kind when such work is done for hire or as a business. This does not prevent
any person from washing or cleaning his or her own vehicle or equipment when it is lawfully
parked in the street or alley.

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CHAPTER 135 STREET USE AND MAINTENANCE
135.08 BURNING PROHIBITED. No person shall burn any trash, leaves, rubbish, or
other combustible material in any curb and gutter or on any paved or surfaced street or alley.
135.09 EXCAVATIONS. No person shall dig, excavate, or in any manner disturb any
street, parking, or alley except in accordance with the following:
1. Permit Required. No excavation shall be commenced without first obtaining
a permit therefor. A written application for such permit shall be filed with the City
and shall contain the following:
A. An exact description of the property, by lot and street number, in
front of or along which it is desired to excavate;
B. A statement of the purpose, for whom and by whom the excavation is
to be made;
C. The person responsible for the refilling of said excavation and
restoration of the street or alley surface; and
D. Date of commencement of the work and estimated completion date.
2. Public Convenience. Streets and alleys shall be opened in the manner which
will cause the least inconvenience to the public and admit the uninterrupted passage of
water along the gutter on the street.
3. Barricades, Fencing and Lighting. Adequate barricades, fencing and warning
lights meeting standards specified by the City shall be so placed as to protect the
public from hazard. Any costs incurred by the City in providing or maintaining
adequate barricades, fencing or warning lights shall be paid to the City by the permit
holder/property owner.
4. Bond Required. The applicant shall post with the City a penal bond in the
minimum sum of one thousand dollars ($5,000.00) issued by a surety company
authorized to issue such bonds in the State. The bond shall guarantee the permittee’s
payment for any damage done to the City or to public property, and payment of all
costs incurred by the City in the course of administration of this section. In lieu of a
surety bond, a cash deposit of $5,000.00 may be filed with the City.
5. Insurance Required. Each applicant shall also file a certificate of insurance
indicating that the applicant is carrying public liability insurance in effect for the
duration of the permit covering the applicant and all agents and employees for the
following minimum amounts:
A. Bodily Injury - $50,000.00 per person; $100,000.00 per accident.
B. Property Damage - $50,000.00 per accident.
6. Restoration of Public Property. Streets, sidewalks, alleys and other public
property disturbed in the course of the work shall be restored to the condition of the
property prior to the commencement of the work, or in a manner satisfactory to the
City, at the expense of the permit holder/property owner.
7. Inspection. All work shall be subject to inspection by the City. Backfill shall
not be deemed completed, and no resurfacing of any improved street or alley surface
shall begin, until such backfill is inspected and approved by the City. The permit
holder/property owner shall provide the City with notice at least twenty-four (24)
hours prior to the time when inspection of backfill is desired.

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8. Completion by the City. Should any excavation in any street or alley be

discontinued or left open and unfinished for a period of twenty-four (24) hours after
the approved completion date, or in the event the work is improperly done, the City
has the right to finish or correct the excavation work and charge any expenses therefor
to the permit holder/property owner.
9. Responsibility for Costs. All costs and expenses incident to the excavation
shall be borne by the permit holder and/or property owner. The permit holder and
owner shall indemnify the City from any loss or damage that may directly or
indirectly be occasioned by such excavation.
10. Notification. At least forty-eight (48) hours prior to the commencement of the
excavation, excluding Saturdays, Sundays and legal holidays, the person performing
the excavation shall contact the Statewide Notification Center and provide the center
with the information required under Section 480.4 of the Code of Iowa.
11. Permit Issued. Upon approval of the application and filing of bond and
insurance certificate, a permit shall be issued. A separate permit shall be required for
each excavation.
12. Municipal Design Standards. All excavations shall be performed in
accordance with the Municipal Design Standards.
135.10 MAINTENANCE OF PARKING OR TERRACE. It shall be the responsibility of

the abutting property owner to maintain all property outside the lot and property lines and
inside the curb lines upon the public streets, except that the abutting property owner shall not
be required to remove diseased trees or dead wood on the publicly owned property or right-of-
way. Maintenance includes timely mowing, trimming trees and shrubs, and picking up litter.
135.11 FAILURE TO MAINTAIN PARKING OR TERRACE. If the abutting property

owner does not perform an action required under the above section within a reasonable time,
the City may perform the required action and assess the cost against the abutting property for
collection in the same manner as a property tax.
135.12 DUMPING OF SNOW. It is unlawful for any person to throw, push, or place or
cause to be thrown, pushed or placed, any ice or snow from private property, sidewalks, or
driveways onto the traveled way of a street or alley so as to obstruct gutters, or impede the
passage of vehicles upon the street or alley or to create a hazardous condition therein; except
where, in the cleaning of large commercial drives in the business district it is absolutely
necessary to move the snow onto the street or alley temporarily, such accumulation shall be
removed promptly by the property owner or agent. Arrangements for the prompt removal of
such accumulations shall be made prior to moving the snow.
135.13 DRIVEWAY CULVERTS. The property owner shall, at the owner’s expense,
install any culvert deemed necessary under any driveway or any other access to the owner’s
property, and before installing a culvert, permission must first be obtained from the City. In
the event repairs are needed at any time with respect to culverts, it shall be the responsibility
of the property owner to make such repairs, and, in the event the owner fails to do so, the City
shall have the right to make the repairs. If the property owner fails to reimburse the City for

- 653 -
the cost of said repairs, the cost shall be certified to the County Treasurer and specially
assessed against the property as by law provided.

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CHAPTER 136
SIDEWALK REGULATIONS
136.01 Purpose 136.10 Failure to Repair or Barricade
136.02 Definitions 136.11 Interference with Sidewalk Improvements
136.03 Removal of Snow, Ice, and Accumulations 136.12 Encroaching Steps
136.04 Responsibility for Maintenance 136.13 Openings and Enclosures
136.05 City May Order Repairs 136.14 Fires or Fuel on Sidewalks
136.06 Sidewalk Construction Ordered 136.15 Defacing
136.07 Permit Required 136.16 Debris on Sidewalks
136.08 Sidewalk Standards 136.17 Merchandise Display
136.09 Barricades and Warning Lights 136.18 Sales Stands
136.01 PURPOSE. The purpose of this chapter is to enhance safe passage by citizens on
sidewalks, to place the responsibility for the maintenance, repair, replacement, or
reconstruction of sidewalks upon the abutting property owner and to minimize the liability of
the City.
1. “Defective sidewalk” means any public sidewalk exhibiting one or more of
the following characteristics:
A. Vertical separations equal to three-fourths (¾) inch or more.
B. Horizontal separations equal to three-fourths (¾) inch or more.
C. Holes or depressions equal to three-fourths (¾) inch or more and at
least four (4) inches in diameter.
D. Spalling over fifty percent (50%) of a single square of the sidewalk
with one or more depressions equal to one-half (½) inch or more.
E. Spalling over less than fifty percent (50%) of a single square of the
sidewalk with one or more depressions equal to three-fourths (¾) inch or
more.
F. A single square of sidewalk cracked in such a manner that no part
thereof has a piece greater than one square foot.
G. A sidewalk with any part thereof missing to the full depth.
H. A change from the design or construction grade equal to or greater
than three-fourths (¾) inch per foot.
2. “Owner” means the person owning the fee title to property abutting any
sidewalk and includes any contract purchaser for purposes of notification required
herein. For all other purposes, “owner” includes the lessee, if any.
3. “Sidewalk” means all permanent public walks in business, residential or
suburban areas.
4. “Sidewalk improvements” means the construction, reconstruction, repair,
replacement, or removal, of a public sidewalk and/or the excavating, filling or
depositing of material in the public right-of-way in connection therewith.

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CHAPTER 136 SIDEWALK REGULATIONS
136.03 REMOVAL OF SNOW, ICE, AND ACCUMULATIONS. It is the responsibility

of the abutting property owners to remove snow, ice, and accumulations promptly from
sidewalks. If a property owner does not remove snow, ice, or accumulations within forty-
eight (48) hours after cessation of such accumulation,, the City may do so and assess the costs
against the property owner for collection in the same manner as a property tax.
(Code of Iowa, Sec. 364.12[2b & e])
136.04 RESPONSIBILITY FOR MAINTENANCE. It is the responsibility of the

abutting property owners to repair, replace or reconstruct, or cause to be repaired, replaced, or
reconstructed, all broken or defective sidewalks and to maintain in a safe and hazard-free
condition any sidewalk outside the lot and property lines and inside the curb lines or traveled
portion of the public street.
136.05 CITY MAY ORDER REPAIRS. If the abutting property owner does not maintain
sidewalks as required, the Council may serve notice on such owner, by certified mail,
requiring the owner to repair, replace or reconstruct sidewalks within a reasonable time and if
such action is not completed within the time stated in the notice, the Council may require the
work to be done and assess the costs against the abutting property for collection in the same
manner as a property tax.
(Code of Iowa, Sec. 364.12[2d & e])
136.06 SIDEWALK CONSTRUCTION ORDERED. The Council may order the

construction of permanent sidewalks upon any street or court in the City and may specially
assess the cost of such improvement to abutting property owners in accordance with the
provisions of Chapter 384 of the Code of Iowa.
136.07 PERMIT REQUIRED. No person shall remove, reconstruct, or install a sidewalk

unless such person has obtained a permit from the City and has agreed in writing that said
removal, reconstruction, or installation will comply with all ordinances and requirements of
the City for such work.
136.08 SIDEWALK STANDARDS. Sidewalks repaired, replaced, or constructed under

the provisions of this chapter shall be constructed in accordance with the Municipal Design
Standards.
136.09 BARRICADES AND WARNING LIGHTS. Whenever any material of any kind
is deposited on any street, avenue, highway, passageway or alley when sidewalk
improvements are being made or when any sidewalk is in a dangerous condition, it shall be the
duty of all persons having an interest therein, either as the contractor or the owner, agent, or
lessee of the property in front of or along which such material may be deposited, or such
dangerous condition exists, to put in conspicuous places at each end of such sidewalk and at
each end of any pile of material deposited in the street, a sufficient number of approved
warning lights or flares, and to keep them lighted during the entire night and to erect sufficient
barricades both at night and in the daytime to secure the same. The party or parties using the
street for any of the purposes specified in this chapter shall be liable for all injuries or damage
to persons or property arising from any wrongful act or negligence of the party or parties, or
their agents or employees or for any misuse of the privileges conferred by this chapter or of
any failure to comply with provisions hereof.

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136.10 FAILURE TO REPAIR OR BARRICADE. It is the duty of the owner of the

property abutting the sidewalk, or the owner’s contractor or agent, to notify the City
immediately in the event of failure or inability to make necessary sidewalk improvements or
to install or erect necessary barricades as required by this chapter.
136.11 INTERFERENCE WITH SIDEWALK IMPROVEMENTS. No person shall

knowingly or willfully drive any vehicle upon any portion of any sidewalk or approach thereto
while in the process of being improved or upon any portion of any completed sidewalk or
approach thereto, or shall remove or destroy any part or all of any sidewalk or approach
thereto, or shall remove, destroy, mar or deface any sidewalk at any time or destroy, mar,
remove or deface any notice provided by this chapter.
136.12 ENCROACHING STEPS. It is unlawful for a person to erect or maintain any

stairs or steps to any building upon any part of any sidewalk without permission by resolution
of the Council.
136.13 OPENINGS AND ENCLOSURES. It is unlawful for a person to:

1. Stairs and Railings. Construct or build a stairway or passageway to any cellar
or basement by occupying any part of the sidewalk, or to enclose any portion of a
sidewalk with a railing without permission by resolution of the Council.
2. Openings. Keep open any cellar door, grating, or cover to any vault on any
sidewalk except while in actual use with adequate guards to protect the public.
3. Protect Openings. Neglect to properly protect or barricade all openings on or
within six (6) feet of any sidewalk.
136.14 FIRES OR FUEL ON SIDEWALKS. It is unlawful for a person to make a fire of

any kind on any sidewalk or to place or allow any fuel to remain upon any sidewalk.
136.15 DEFACING. It is unlawful for a person to scatter or place any paste, paint, or
writing on any sidewalk.
136.16 DEBRIS ON SIDEWALKS. It is unlawful for a person to throw or deposit on any

sidewalk any glass, nails, glass bottle, tacks, wire, cans, trash, garbage, rubbish, litter, offal, or
any other debris, or any substance likely to injure any person, animal, or vehicle.
136.17 MERCHANDISE DISPLAY. It is unlawful for a person to place upon or above

any sidewalk, any goods or merchandise for sale or for display in such a manner as to interfere
with the free and uninterrupted passage of pedestrians on the sidewalk; in no case shall more
than three (3) feet of the sidewalk next to the building be occupied for such purposes.
136.18 SALES STANDS. It is unlawful for a person to erect or keep any vending machine
or stand for the sale of fruit, vegetables or other substances or commodities on any sidewalk
without first obtaining a written permit from the Council.

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- 674 -
CHAPTER 137
VACATION AND DISPOSAL OF STREETS

137.01 Power to Vacate 137.04 Findings Required
137.02 Planning and Zoning Commission 137.05 Disposal of Vacated Streets or Alleys
137.03 Notice of Vacation Hearing 137.06 Disposal by Gift Limited
137.01 POWER TO VACATE. When, in the judgment of the Council, it would be in the
best interest of the City to vacate a street, alley, portion thereof, or any public grounds, the
Council may do so by ordinance in accordance with the provisions of this chapter.
137.02 PLANNING AND ZONING COMMISSION. Any proposal to vacate a street,

alley, portion thereof, or any public grounds shall be referred by the Council to the Planning
and Zoning Commission for its study and recommendation prior to further consideration by
the Council. The Commission shall submit a written report including recommendations to the
Council within thirty (30) days after the date the proposed vacation is referred to the
Commission.
137.03 NOTICE OF VACATION HEARING. The Council shall cause to be published a

notice of public hearing of the time at which the proposal to vacate shall be considered.
137.04 FINDINGS REQUIRED. No street, alley, portion thereof, or any public grounds
shall be vacated unless the Council finds that:
1. Public Use. The street, alley, portion thereof, or any public ground proposed
to be vacated is not needed for the use of the public, and therefore, its maintenance at
public expense is no longer justified.
2. Abutting Property. The proposed vacation will not deny owners of property
abutting on the street or alley reasonable access to their property.
137.05 DISPOSAL OF VACATED STREETS OR ALLEYS. When in the judgment of

the Council it would be in the best interest of the City to dispose of a vacated street or alley,
portion thereof or public ground, the Council may do so in accordance with the provisions of
Section 364.7, Code of Iowa.
137.06 DISPOSAL BY GIFT LIMITED. The City may not dispose of real property by
gift except to a governmental body for a public purpose or to a fair.
(Code of Iowa, Sec. 174.15[2] & 364.7[3])

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CHAPTER 137 VACATION AND DISPOSAL OF STREETS
EDITOR’S NOTE
adopted vacating certain streets, alleys and/or public grounds and remain in full force and
effect.
ORDINANCE NO. ADOPTED ORDINANCE NO. ADOPTED

81-16
82-14
90-22
91-5

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CHAPTER 138
STREET GRADES
138.01 Established Grades 138.02 Record Maintained
138.01 ESTABLISHED GRADES. The grades of all streets, alleys and sidewalks, which
have been heretofore established by ordinance are hereby confirmed, ratified, and established
as official grades.
138.02 RECORD MAINTAINED. The Clerk shall maintain a record of all established
grades and furnish information concerning such grades upon request.
EDITOR’S NOTE
The following ordinances not codified herein, and specifically saved from repeal, have been
adopted establishing street and/or sidewalk grades and remain in full force and effect.

67
77-69
77-70
79-5
80-9
80-10
86-16
91-1
91-2
92-24
93-17
99-1
00-27
02-02
02-10

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CHAPTER 138 STREET GRADES
°°°°°°°°°°

- 678 -
CHAPTER 139
NAMING OF STREETS
139.01 Naming New Streets 139.04 Official Street Name Map
139.02 Changing Name of Street 139.05 Revision of Street Name Map
139.03 Recording Street Names
139.01 NAMING NEW STREETS. New streets shall be assigned names in accordance
with the following:
1. Extension of Existing Street. Streets added to the City that are natural
extensions of existing streets shall be assigned the name of the existing street.
2. Resolution. All street names, except streets named as a part of a subdivision
or platting procedure, shall be named by resolution.
3. Planning and Zoning Commission. Proposed street names shall be referred to
the Planning and Zoning Commission for review and recommendation.
139.02 CHANGING NAME OF STREET. The Council may, by resolution, change the
name of a street.
139.03 RECORDING STREET NAMES. Following official action naming or changing

the name of a street, the Clerk shall file a copy thereof with the County Recorder, County
Auditor and County Assessor.
139.04 OFFICIAL STREET NAME MAP. Streets within the City are named as shown
on the Official Street Name Map which is hereby adopted by reference and declared to be a
part of this chapter. The Official Street Name Map shall be identified by the signature of the
Mayor, and bearing the seal of the City under the following words: “This is to certify that this
is the Official Street Name Map referred to in Section 139.04 of the Code of Ordinances of
North Liberty, Iowa.”
139.05 REVISION OF STREET NAME MAP. If in accordance with the provisions of

this chapter, changes are made in street names, such changes shall be entered on the Official
Street Name Map promptly after the change has been approved by the Council with an entry
on the Official Street Name Map as follows: “On (date), by official action of the City
Council, the following changes were made in the Official Street Name Map: (brief
description),” which entry shall be signed by the Mayor and attested by the Clerk.

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CHAPTER 139 NAMING OF STREETS
°°°°°°°°°°

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CHAPTER 140
CONTROLLED ACCESS FACILITIES

140.01 Exercise of Police Power 140.05 Exceptions
140.02 Definitions 140.06 Unlawful Use of Controlled Access Facility
140.03 Right of Access Limited 140.07 Parking Restricted
140.04 Establishment 140.08 Access Application
140.01 EXERCISE OF POLICE POWER. This chapter shall be deemed an exercise of

the police power of the City under Chapter 306A, Code of Iowa, for the preservation of the
public peace, health, safety and for the promotion of the general welfare.
140.02 DEFINITIONS.
1. The term “controlled access facility” means a highway or street especially
designed for through traffic, and over, from or to which owners or occupants of
abutting land or other persons have no right or easement or only a controlled right or
easement of access, light, air, or view by reason of the fact that their property abuts
upon such controlled access facility or for any other reason.
2. “Points of access” shall consist of access ways from abutting property to the
adjacent traffic lane or roadway and their location shall be expressed in terms of
“stations,” each representing a distance of 100 feet measure along the centerline of the
controlled access facility from the points of reference stated in Section 140.04. Such
measurements shall refer to the center of the access ways which shall be a maximum
of 18 feet for agricultural purposes and a maximum of 35 feet in width for commercial
purposes, and 80 feet in width for public street purposes.
3. There are four “types of access” to Iowa Highway 965 allowed, as follows:
A. Agricultural Entrance – an entrance into a farm for the purpose of
doing agricultural work, but it is not the intention of the Council to allow any
future access points to fields, only to grant a modification of existing access,
if the applicant is able to combine a proposed access with another access.
B. Commercial Entrance – an entrance into commercial area, which will
be allowed only under circumstances that will combine the said entrance with
a special public road connection.
C. Residential Access – an entrance into a residential property, but it is
not the intent of the Council to allow any more of these, except under such
circumstances as the entrance could be combined with another special public
road connection.
D. Special Public Road Connection – a connection to Highway 965
which allows for maximum use of access points to enable adjoining
subdivisions to enter onto Highway 965.
140.03 RIGHT OF ACCESS LIMITED. No person has any right of ingress or egress to
or from or across the controlled access facility established in this chapter except as existing

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CHAPTER 140 CONTROLLED ACCESS FACILITIES
points of access or at such points as may be hereafter jointly established by the Iowa
Department of Transportation and the City. The existing points of access are set forth on the
plat of Iowa Highway 965, both as to location and as to types of openings, which plat is on file
in the office of the Clerk and made a part of this chapter as though incorporated herein.
140.04 ESTABLISHMENT. There is hereby fixed and established controlled access

within the City, described as follows: Iowa Highway 965 from the north City limits to the
south City limits.
140.05 EXCEPTIONS. The foregoing controlled access facilities shall be subject to

possible future public street access openings as approved by the Iowa Department of
Transportation and the Council on said Iowa Highway 965. Said access points may be located
no closer than one-eighth-mile intervals on Iowa Highway 965.
140.06 UNLAWFUL USE OF CONTROLLED ACCESS FACILITY. It is unlawful for

any person to:
(Code of Iowa, Sec. 306A.3 and 321.366)
1. Cross Dividing Line. Drive a vehicle over, upon, or across any curb, central
dividing section, or other separation or dividing line on such controlled access
facilities.
2. Turns. Make a left turn or a semicircular or U-turn except through an opening
provided for that purpose in the dividing curb section, separation, or line.
3. Use of Lanes. Drive any vehicle except in the proper lane provided for that
purpose and in the proper direction and to the right of the central dividing curb,
separation, section, or line.
4. Enter Facility. Drive any vehicle into the controlled access facility from a
local service road except through an opening provided for that purpose in the dividing
curb or dividing section or dividing line which separates such service road from the
controlled access facility property.
140.07 PARKING RESTRICTED. The parking of vehicles on or along controlled access

facilities is restricted as follows: Parking of any nature is prohibited on Iowa Highway 965 on
both sides from the north City limits to the south City limits. This includes all portions of the
highway, including the traveled portion as well as the shoulders.
140.08 ACCESS APPLICATION. Application for new access or modification of an old

access shall be made to the City Clerk and also to the Iowa Department of Transportation.
Said application shall set forth the nature of the request and sufficient details should be
furnished with the access, so that the City will be able to ascertain the need for the change, as
well as the specific location. An application shall be jointly made to the Iowa Department of
Transportation, for their review. Upon the filing of the application with the Clerk, the same
shall be submitted to the Council for review by the City Engineer and the City Attorney, prior
to the Council making a decision on the merits of the application. No application for a new
access or a modification of an access will be approved unless both the representatives of the
Iowa Department of Transportation and the City approve the same.

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CHAPTER 145
MANUFACTURED AND MOBILE HOMES

145.01 Definitions 145.03 Foundation Requirements
145.02 Conversion to Real Property
1. “Manufactured home” means a factory-built structure, built under the
authority of 42 U.S.C. Sec. 5403, which was constructed on or after June 15, 1976,
and is required by Federal law to display a seal from the United States Department of
Housing and Urban Development.
2. “Manufactured home community” means any site, lot, field, or tract of land
under common ownership upon which ten or more occupied manufactured homes are
harbored, either free of charge or for revenue purposes, and includes any building,
structure or enclosure used or intended for use as part of the equipment of the
manufactured home community.
3. “Mobile home” means any vehicle without motive power used or so
manufactured or constructed as to permit its being used as a conveyance upon the
public streets and highways and so designed, constructed or reconstructed as will
permit the vehicle to be used as a place for human habitation by one or more persons;
but also includes any such vehicle with motive power not registered as a motor
vehicle in Iowa. A mobile home means any such vehicle built before June 15, 1976,
which was not built to a mandatory building code and which contains no State or
Federal seals.
4. “Mobile home park” means any site, lot, field or tract of land upon which
three (3) or more mobile homes or manufactured homes, or a combination of any of
these homes, are placed on developed spaces and operated as a for-profit enterprise
with water, sewer or septic, and electrical services available.
The term “manufactured home community” or “mobile home park” is not to be construed to
include manufactured or mobile homes, buildings, tents, or other structures temporarily
maintained by any individual, educational institution, or company on its own premises and
used exclusively to house said entity’s own labor or students. The manufactured home
community or mobile home park shall meet the requirements of any zoning regulations that
are in effect.
145.02 CONVERSION TO REAL PROPERTY. A mobile home or manufactured home

which is located outside a manufactured home community or mobile home park shall be
converted to real estate by being placed on a permanent foundation and shall be assessed for
real estate taxes except in the following cases:
(Code of Iowa, Sec. 435.26 & Sec. 435.35)
1. Retailer’s Stock. Mobile homes or manufactured homes on private property
as part of a retailer’s or a manufacturer’s stock not used as a place for human
habitation.

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CHAPTER 145 MANUFACTURED AND MOBILE HOMES
2. Existing Homes. A taxable mobile home or manufactured home which is

located outside of a manufactured home community or mobile home park as of
January 1, 1995, shall be assessed and taxed as real estate, but is exempt from the
permanent foundation requirement of this chapter until the home is relocated.
145.03 FOUNDATION REQUIREMENTS. A mobile home or manufactured home

located outside of a manufactured home community or mobile home park shall be placed on a
permanent frost-free foundation system which meets the support and anchorage requirements
as recommended by the manufacturer or required by the State Building Code. The foundation
system must be visually compatible with permanent foundation systems of surrounding
residential structures. Any such home shall be installed in accordance with the requirements
of the State Building Code.
(Code of Iowa, Sec. 103A.10 & 414.28)

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CHAPTER 150
TREES
150.01 Purpose 150.06 Duty to Trim
150.02 Definitions 150.07 Removal of Trees
150.03 Trees, Shrubs, or Bushes in the Public Right-of-Way 150.08 Tree, Shrub, and Bush Removal on Public Property
150.04 Prohibited Trees 150.09 Tree, Shrub, and Bush Removal on Private
150.05 Tree Recommendations for the Penn Street Property
Overlay District 150.10 Permit and Regulation
150.11 Authority of the Council
150.01 PURPOSE. The purpose of this chapter is to regulate and preserve the appearance
of the City by requiring trees, shrubs, and bushes to be uniformly located, and to regulate the
planting and care of such trees, shrubs, and bushes in the City for the protection of public
health, safety, and welfare.
150.02 DEFINITIONS. For the purposes of this chapter, the following definitions apply:
1. “Owner” means a person owning private property in the City as shown by
County records. This term includes the term “agent,” “occupant,” “tenant,” and
“person in control” of the property.
2. “Parking” means that part of the street, avenue, or highway in the City not
covered by sidewalk and lying between the lot line and the curb line or, on unpaved
streets, that part of the street, avenue, or highway lying between the lot line and the
portion of the street, avenue, or highway usually traveled by vehicular traffic.
3. “Private property” means all property not owned by the City.
4. “Public property” means any and all property located within the confines of
the City and owned by the City or held in the name of the City by any departments,
commissions, or agencies within the City government.
5. “Public right-of-way” means all of the land lying between the property lines
on either side of all public streets, avenues, highways, and alleys, including public
easements and grants to the City.
6. “Street” means the entire width between property lines, including the parking
and the public right-of-way, and that portion of the roadway usually traveled by
vehicular traffic.
150.03 TREES, SHRUBS, OR BUSHES IN THE PUBLIC RIGHT-OF-WAY. It is

unlawful for any person to plant any tree, shrub, or bush in any public right-of-way or parking
without first obtaining a permit from the City. Any tree, shrub, or bush in the public right-of-
way or parking that is planted without a permit is declared to be a public nuisance. An
abutting property owner may make application to the building inspector to plant the following
trees in the parking or public right-of-way:

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CHAPTER 150 TREES
1. Large Trees (over 40 feet):

Black Maple White Oak
Norway Maple Northern Red Oak
Red Maple Swamp White Oak
Sugar Maple Bur Oak
Hackberry Linden
Ginkgo (male only) American Elm (disease resistant)
Thornless Honeylocust Black Oak
Tulip Kentucky Coffee Tree
Sycamore Sargent Cherry
2. Small Trees (15 to 40 feet; non-shrub forms):

Amur Maple Hop Hornbeam
Eastern Redbud Ornamental Pear
Hawthorn species Ornamental Plum
Ornamental Crab Trees
150.04 PROHIBITED TREES. The following species of trees are declared to be

nuisances, and no person shall plant any of the following trees within the City:
Box Elder Tree of Heaven
Cotton Bearing Poplar Female Ginkgo
Silver Maple/White River Maple (soft maples) Siberian Elm
In addition to the prohibited trees specified above, the following species of trees shall not be
planted in the City right-of-way:
Willows Evergreen
Black Locust Mulberry
European Mountain Ash Walnut varieties
Chinese Elm Buckeyes
Russian Olive Hickory
Fruit trees
150.05 TREE RECOMMENDATIONS FOR THE PENN STREET OVERLAY

DISTRICT.
Iowa Natives:
Lindens: Maples:
American Sugar
Little Leaf Black
Silver American Sycamore
Kentucky Coffee Tree
Honeylocust Non-Natives:
Oaks: Norway Maple
Black Ginkgo (male only)
Swamp White Red Maple
White Hybrid Elm
Burr
150.06 DUTY TO TRIM.

1. All property owners, agents, or occupants of property adjoining the streets in
the City shall prune, maintain, and care for all trees, shrubs, and bushes located upon
the public right-of-way or parking. All trees, shrubs, and bushes which overhang onto
the street, alley, or other roadways of the City must be trimmed to a height of 13 feet
immediately above such streets, alleys, or roadways.

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CHAPTER 150 TREES
2. All trees, shrubs, and bushes which overhang onto the sidewalk of the City
must be trimmed to a height of 8 feet immediately above such sidewalk.
3. All trees, shrubs, and bushes located upon public right-of-way or parking shall
be trimmed so there are no branches within 2 feet of the sidewalk or curb line, unless
they are higher than the height restrictions in subsections 1 and 2 of this section.
150.07 REMOVAL OF TREES. The City, on order of the Council, may remove any tree
standing on public property, or in the public right-of-way or parking thereof, which is dead,
diseased, or declared to be a nuisance to public safety. No compensation shall be paid to the
abutting property owner regardless of whether the City or the property owner placed the tree
in the public right-of-way or parking. Any person desiring to remove a live tree which has
been planted in the public right-of-way or parking shall first obtain a permit from the Building
Inspector. If a permit is issued, the permittee must remove the tree at the permittee’s own
expense. No fee shall be charged for the permit to remove the tree.
150.08 TREE, SHRUB, AND BUSH REMOVAL ON PUBLIC PROPERTY. No trees,

shrubs, bushes, or other parts thereof which are dead, decayed, diseased, or dying upon a
street, public right-of-way, parking, or public property of the City and which constitute a
hazard to the health, safety, or well-being of any person shall be allowed to remain in such
condition. No trees, shrubs, or bushes shall be maintained in such a manner as to interfere
with the moving of traffic upon the streets in a safe and orderly manner.
150.09 TREE, SHRUB, AND BUSH REMOVAL ON PRIVATE PROPERTY. No

trees, shrubs, or bushes or parts thereof on private property which are dead, decayed, diseased,
or dying or which have become dangerous to the public shall be allowed to remain in such
condition.
150.10 PERMIT AND REGULATION.

1. No person shall plant a tree on public right-of-way, parking, or public
property until that person has obtained a permit which shall show the type of tree to be
planted and the placement of the tree. The placement of the tree must be approved by
the Building Inspector. No permit shall be issued until the Building Inspector has
viewed the site and location of the proposed placement of the tree and approved the
same. There will be no fee for the permit.
2. No tree may be planted where there is less than two feet of soil on all sides of
the tree; no tree may be planted closer than five feet from any fire hydrant or closer
than 40 feet to another tree on the parking.
3. No tree may be planted in the public right-of-way or parking, within 20 feet of
an intersecting street, entrance drive, or driveway, unless reviewed and approved by
the City.
4. No tree may be planted within any public utility easement without written
permission of that public utility. No tree shall be planted under existing lines if, at
maturity, it is likely to cause interference with those lines.
5. All trees planted in the public right-of-way or parking must be a minimum
height of six feet and have a minimum trunk diameter of one inch as measured one
foot above the ground at the time of planting.

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CHAPTER 150 TREES
6. Trees stipulated by City ordinance, planted in and around parking lots, with
the intent to provide shade for such parking lots, shall have a caliper of at least two
inches at the time of planting and an anticipated mature height of at least 15 feet.
7. The Building Inspector may refuse the issuance of a permit if the same would
cause damage to the public right-of-way, utilities, or parking or create a safety hazard
or fail to conform to the scheme of planting of trees upon that particular public right-
of-way or parking area.
150.11 AUTHORITY OF THE COUNCIL.

1. The City Council shall have the authority to order the property owner, agent,
or occupant of the property adjoining the streets to prune, maintain, and care for all
trees, shrubs, and bushes located on the street, public right-of-way, or parking which
have become dangerous to the public or which may interfere with the regular
movement of traffic upon the streets in a safe manner, by serving notice upon the
property owner to comply with the order. This order is in addition to the requirements
that all trees, shrubs, and bushes be trimmed as above described.
2. Should the adjoining property owner, agent, or occupant fail to comply with
said order within 30 days after receiving notice from the City, then the Council may
order the pruning or maintenance of such trees, shrubs, and bushes and assess the
costs thereof against the adjoining property by resolution of the Council.

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CHAPTER 155
CONSTRUCTION SITE EROSION

AND SEDIMENT CONTROL
155.01 Purpose and Intent 155.04 Monitoring
155.02 Applicability 155.05 Enforcement
155.03 Inspection 155.06 Appeals
155.01 PURPOSE AND INTENT.

1. The National Pollutant Discharge Elimination System (NPDES) permit
program administered by the Iowa Department of Natural Resources (IDNR) requires
that agencies meeting certain demographic and environmental impact criteria obtain
from the IDNR an NPDES permit for the discharge of storm water from a municipal
separate storm sewer system (MS4). The City has been issued such a permit. The
City’s MS4 permit is on file at the office of the City Clerk and is available for public
inspection during regular office hours.
2. The NPDES program requires certain individuals engaged in earth disturbing
activities related to construction on one acre of land or more to submit an application
to the IDNR for an NPDES General Permit #2. The NPDES program and the City’s
MS4 require the City to adopt an ordinance requiring proper soil erosion and sediment
control on all sites less than one acre if the earth-disturbing activities are part of a
larger common plan of development that would disturb one acre or more.
Notwithstanding any provision of this chapter, every applicant bears final and
complete responsibility for compliance with a State NPDES General Permit #2, a City
construction site runoff (CSR) permit, and any other requirement of State or Federal
law or administrative rule.
3. As a condition of the City’s MS4 permit, the City is obliged to undertake
primary responsibility for administration and enforcement of the NPDES program by
adopting a construction site runoff control ordinance designed to achieve the
following objectives:
A. Any person, firm, sole proprietorship, partnership, corporation, state
agency or political subdivision (applicant) required by law or administrative
rule to apply to the IDNR for an NPDES General Permit #2 shall also be
required to obtain from the City a permit in addition to and not in lieu of the
NPDES General Permit #2; and
B. The City shall have primary responsibility for inspection, monitoring,
and enforcement procedures to promote applicants’ compliance with State
NPDES General Permits #2 and CSR permits.
4. No State or Federal funds have been made available to assist the City in
administering and enforcing the NPDES program. The City shall fund its application,
inspection, monitoring, and enforcement responsibilities entirely by fees imposed on
the owners of properties which are made subject to the program by virtue of State and
Federal law, and/or other sources of funding established by a separate ordinance.

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CHAPTER 155 CONSTRUCTION SITE EROSION
155.02 APPLICABILITY.
1. All persons required by law or administrative rule to obtain an NPDES
General Permit #2 from the IDNR, and persons who will be conducting any earth-
disturbing activity on a site less than one acre in size if the earth-disturbing activities
are part of a larger common plan of development that would disturb one acre or more,
are required to obtain a CSR permit. Earth-disturbing activity means any activity that
results in a movement of earth or a change in the existing soil cover (both vegetative
and non-vegetative) or the existing topography. Earth-disturbing activity includes, but
is not limited to, clearing, grading, filling, excavation, or addition or replacement of
impervious surface.
2. Applications for CSR permits shall be made on forms approved by the City
and which may be obtained from the City.
3. An application for a CSR permit shall pay fees as follows:
A. Prior to the issuance of a CSR permit in connection with a building
permit on a platted lot, the applicant shall submit an application permit fee to
the Department of Building Safety in an amount established by resolution of
the Council. If more than three inspections are required by the terms of this
chapter with respect to said permit, the applicant shall bear the cost of such
inspections, which shall be the actual cost of the inspections by the City.
B. There shall be no permit fee required prior to the issuance of CSR
permits other than those issued in connection with building permits on platted
lots, but the applicant shall bear the cost of reviews and inspections required
by the terms of this chapter with respect to said permits, which shall be the
actual cost of the reviews and inspections by the City.
4. An applicant in possession of an NPDES General Permit #2 issued by the
IDNR shall immediately submit to the City full copies of the materials described
below as a basis for the City to determine whether to issue a CSR permit:
A. Applicant’s NPDES General Permit #2 notice of intent (NOI);
B. Applicant’s plans, specifications and materials in support of
applicant’s application for the NPDES General Permit #2; and
C. A storm water pollution prevention plan (SWPPP) prepared in
accordance with this chapter.
5. Every SWPPP submitted to the City in support of an application for a CSR
permit shall:
A. Comply with all current minimum mandatory requirements for
SWPPPs promulgated by the IDNR in connection with issuance of an NPDES
General Permit #2;
B. Comply with all mandatory minimum requirements pertaining to the
joint application form, “Protecting Iowa Waters,” filed with the IDNR and
U.S. Army Corps of Engineers;
C. Comply with all other applicable local, State or Federal permit
requirements in existence at the time of application; and

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D. Include within the SWPPP a signed and dated certification by the

person preparing the SWPPP that the SWPPP complies with all requirements
of this chapter.
6. Every SWPPP submitted to the City in support of an application for a CSR
permit shall contain the provisions of the General Permit #2, plus the following
additional provisions. All SWPPPs shall:
A. Comply with Iowa Statewide Urban Design and Specifications
(SUDAS) standard design criteria as amended.
B. Address that stockpiles of soil or other materials subject to erosion by
wind or water are covered, vegetated, or otherwise effectively protected from
erosion and sedimentation in accordance with the amount of time the material
will be on site and the manner of its proposed use; no stockpiling is allowed in
the street.
C. Assure that all temporary erosion and sediment controls shall be
maintained until the City has determined that the site has been permanently
stabilized.
D. Limit potential for damage to sensitive environmental areas such as
water bodies, plant communities, rare, threatened and/or endangered species
habitat, wildlife corridors, greenways, etc.
E. Provide for design and construction methods to stabilize steep or long
continuous slopes.
F. Include measures to control sediment, and the quantity and quality of
storm water leaving a site during and after construction.
G. Provide for stabilization of waterways and outlets directly impacted
by permitted construction.
H. Protect storm sewer inlets and infrastructure from sediment
loading/plugging.
I. Specify precautions to be taken to contain sediment when working in
or crossing water bodies.
J. Account for stabilization of disturbed areas, including utility
construction areas, as soon as possible.
K. Protect adjacent and outlying roads from sediment and mud from
construction site activities, including tracking.
L. Provide for disposal of collected sediment and floating debris.
7. Issuance by the City of a CSR permit shall be a condition precedent for the
issuance of a City building permit or site plan approval.
8. For so long as a construction site is subject to an NPDES General Permit #2
or a CSR permit, the applicant shall provide the City with current information as
follows:
A. The name, address, and telephone number of the person on site
designated by the owner who is knowledgeable and experienced in erosion
and sediment control and who will oversee compliance with the NPDES
General Permit #2 and the CSR permit.

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B. The names, addresses, and telephone numbers of the contractors

and/or subcontractors that will implement each erosion and sediment control
measure identified in the SWPPP.
C. An on-site location for storage and retrieval of the current SWPPP.
Applicant’s failure to provide current information shall constitute a violation of this
chapter.
9. If the applicant for the NPDES General Permit #2 and the CSR permit is not
the same individual as the owner/builder on the site, then the applicant has the option
to include the owner/builder as a co-permittee. Co-permittees have the same
obligations and responsibilities as the original applicant. Absent written confirmation
of transfer of responsibility signed by both the parties and provided to the City at the
office of the enforcement official, the original applicant remains obligated and
responsible for permit compliance on any parcel of the site, whether the parcel has
been sold or not.
10. Upon receipt of an application for a CSR permit, the City shall either find that
the application complies with this chapter and issue a CSR permit in accordance with
this chapter, or that the application fails to comply with this chapter, in which case the
City shall provide a written report identifying noncompliant elements of the
application.
155.03 INSPECTION.
1. All inspections required under this chapter shall be conducted by a designated
person from the City, hereinafter referred to as the “enforcement officer.”
2. The applicant shall notify the City when all measures required by applicant’s
SWPPP have been accomplished on-site; whereupon, the City shall conduct an
inspection for the purpose of determining compliance with this chapter and shall,
within a reasonable time thereafter, report to the applicant either that compliance
appears to have been achieved, or that compliance has not been achieved, in which
case the City shall provide a written report identifying the conditions of
noncompliance. The applicant shall immediately commence corrective action and
shall complete such corrective action within a timeframe deemed reasonable by the
City. Failure to take corrective action in a timely manner shall constitute a violation
of this chapter.
3. Unless otherwise approved by the City, construction shall not occur on the
site at any time when the City has identified conditions of noncompliance.
4. Unless approved by the City, construction activities undertaken by an
applicant prior to resolution of all discrepancies specified in the written report shall
constitute a violation of this chapter.
5. The City shall not be responsible for the direct or indirect consequences to the
applicant or to third parties for noncompliant conditions undetected by inspection.
155.04 MONITORING.
1. Upon issuance of a CSR permit, the applicant has an absolute duty to monitor
site conditions and to report to the enforcement officer any change of circumstances or
site conditions which the applicant knows or should know pose a risk of storm water

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discharge in a manner inconsistent with applicant’s SWPPP, NPDES General Permit

#2 and/or CSR permit.
2. Such report shall be made by the applicant to the enforcement officer
immediately upon knowledge of site condition changes, but in any event within 24
hours of the change of circumstances or site conditions.
3. Failure to make a timely report shall constitute a violation of this chapter.
4. Any third party may also report to the City site conditions which the third
party reasonably believes pose a risk of storm water discharge in a manner
inconsistent with applicant’s SWPPP, NPDES General Permit #2, and/or CSR permit.
5. Upon receiving a report pursuant to the previous subsections, the enforcement
officer shall conduct an inspection of the site as soon as reasonably possible and
thereafter may issue a written stop work order to the applicant, directing the applicant
to take no further action with respect to the SWPPP, NPDES General Permit #2,
and/or CSR permit, other than corrective action provided for herein. The enforcement
officer shall provide the applicant with a written report identifying the conditions of
noncompliance. The applicant shall immediately commence corrective action and
shall complete such corrective action within a timeframe deemed reasonable by the
City. Failure to take corrective action in a timely manner shall constitute a violation
of this chapter, whereupon the enforcement officer shall immediately commence
enforcement actions specified in subsection 6 of this section.
6. The enforcement officer shall conduct at least one unannounced inspection
during the course of construction to monitor compliance with the NPDES General
Permit #2 and the CSR permit. If the inspection discloses any noncompliance, the
enforcement officer shall provide the applicant with a written report identifying the
conditions of noncompliance. The applicant shall immediately commence corrective
action and shall complete such corrective action within a timeframe deemed
reasonable by the City. Failure to take corrective action in a timely manner shall
constitute a violation of this chapter, whereupon the enforcement officer shall
immediately commence enforcement actions specified in this subsection.
7. The City shall not be responsible for the direct or indirect consequences to the
applicant or to third parties for noncompliant conditions undetected by inspection.
155.05 ENFORCEMENT. Violation of this chapter may be enforced by civil action

including an action for injunctive relief. Violation of any provision of this chapter will be
enforced as a municipal infraction or environmental infraction pursuant to Chapter 3 of this
Code of Ordinances.
155.06 APPEALS. Administrative decisions by City staff and enforcement actions of the
enforcement officer may be appealed by the applicant to the Board of Appeals pursuant to the
procedures set forth in this Code of Ordinances.

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CHAPTER 156
POST-CONSTRUCTION STORM WATER

RUNOFF CONTROL
156.01 Purpose 156.12 Issuance of Permit
156.02 Findings 156.13 Denial of Permit
156.03 Applicability 156.14 Right of Entry
156.04 Definitions 156.15 Required Inspections for Storm Water BMPs
156.05 Administration 156.16 Stop Work Order
156.06 City Not Liable 156.17 Fees
156.07 Permit Required 156.18 Notice of Violation; Administrative Penalties
156.08 Storm Water Management Plan Required 156.19 Misdemeanor and Municipal Infraction Penalties
156.09 Storm Water Management Plan Requirements 156.20 Nuisance
156.10 Compliance Required 156.21 Remedies Not Exclusive
156.11 Maintenance and Repair of Storm Water BMPs 156.22 Appeals
156.01 PURPOSE. It is the purpose of this chapter to:

1. Protect, maintain, and enhance the enhance the environment of the City and
the public health, safety, and general welfare of the public by adopting as the City’s
standards the guidelines established in the Iowa Storm Water Management Manual
(hereinafter referred to as the “standards”) to manage the storm water runoff to
improve water quality and control the maximum rate of flow to prevent downstream
flooding; and
2. Enable the City to comply with its National Pollution Discharge Elimination
System Permit (NPDES) and applicable statutes and regulations for storm water
runoff though the following objectives:
A. Minimize increases in storm water runoff from development within
the City limits and fringe area in order to reduce flooding, siltation, increases
in stream temperature, and stream bank erosion and maintain the integrity of
stream channels;
B. Minimize increases in nonpoint pollution caused by storm water
runoff from development which would otherwise degrade local water quality;
C. Minimize the total annual volume of surface water runoff which
flows from any specific development project site after completion to not
exceed the pre-development hydrologic regime to the maximum extent
practicable;
D. Reduce storm water runoff rates and volumes, soil erosion, and
nonpoint source pollution, wherever possible, through establishment of
appropriate minimum storm water management standards and best
management practices (BMPs) and to ensure that BMPs are maintained and
pose no threat to public safety.
156.02 FINDINGS.
1. The United States Environmental Agency’s (EPA) National Pollutant
Discharge Elimination System (NPDES) permit program administered by the Iowa
Department of Natural Resources (IDNR) requires that cities meeting certain

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CHAPTER 156 POST-CONSTRUCTION STORM WATER
RUNOFF CONTROL
demographic and environmental criteria obtain from the IDNR an NPDES permit for
the discharge of storm water from a Municipal Separate Storm Sewer System (MS4)
Permit. The City is subject to the NPDES permit program and is required to obtain,
and has in fact obtained, an MS4 permit; the City’s MS4 permit is on file at the office
of the City Clerk and is available for public inspection during regular office hours.
2. As a condition of the City’s MS4 permit, the City is obliged to adopt and
enforce a Post-Construction Storm Water Runoff Control Ordinance.
3. Land development and associated increases in impervious cover alter the
hydrologic response of local watersheds and increase storm water runoff rates and
volumes, flooding, stream channel erosion, and sediment transport and deposition; this
storm water runoff contributes to increased quantities of waterborne pollutants; and
storm water runoff, soil erosion, and nonpoint source pollution can be controlled and
minimized through the regulation of storm water runoff from development sites.
4. Therefore, the City establishes this set of City storm water standards
applicable to all surface waters to provide for reasonable guidance for the regulation
of storm water runoff for the purpose of protecting local water resources from
degradation. It is determined that the regulation of storm water runoff discharges
from land development and other construction activities in order to control and
minimize increases in storm water runoff rates and volumes, soil erosion, stream
channel erosion, and nonpoint source pollution associated with storm water runoff, is
in the public interest and will prevent threats to public safety and welfare.
5. The determination of appropriate minimum storm water management
standards and the development of effective best management practices to achieve
those standards require technical expertise that may not always be readily available
with the City’s own staff. Moreover, it is important that such standards and BMPs be
reasonably consistent across the State so that property owners and developers are not
confronted with myriad variations depending on the location of the development. The
Iowa Storm Water Management Manual, published collaboratively by the Iowa
Department of Natural Resources and the Center for Transportation Research and
Education at Iowa State University established guidelines consisting of unified sizing
criteria, storm water management designs and specifications, and BMPs. The City
hereby finds and declares that the Iowa Storm Water Management Manual and future
editions thereof, should be and is hereby adopted as the storm water management
standards of the City. Any BMP installation that complies with the provisions of the
Iowa Storm Water Management Manual, or future editions thereof, at the time of
installation of the BMP shall be deemed to have been installed in accordance with this
chapter.
156.03 APPLICABILITY.
1. This chapter is applicable to all land-disturbing activities greater than one acre
or part of a larger common plan of development. In addition, this chapter also applies
to all applications for site plans or subdivisions that are less than one acre, and are
commercial, industrial, or multi-family residential uses as defined by the City’s
Zoning Code, unless requirements of this chapter have been met through approved use
of an off-site location.
2. Any development within a preliminary or final plat approved prior to the
adoption of the ordinance codified in this chapter shall be deemed exempt from the
requirements of this chapter, and re-subdivisions of lots within the approved platted

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area shall also be deemed exempt. Amendments to plats approved prior to the
adoption of such ordinance shall conform to this chapter unless the amendments are
determined by the City Administrator to be minor in nature.
3. For developments where the runoff from up to and including the 100-year
storm event can be conveyed directly to Muddy Creek without adverse impact to
intervening property, no overbank flood protection control is required. This is
provided that it can be shown by hydrograph analysis that the runoff from the
development will arrive at Muddy Creek sufficiently ahead of the peak flow of the
Muddy Creek so as not to increase the peak flow of said creek. Water quality volume,
channel protection volume, and treatment are not exempt.
4. The following activities are exempt from this chapter:
A. Any logging or agricultural activity which is consistent with an
approved soil conservation plan or a timber management plan approved by an
appropriate agency.
B. Additions or modifications to single-family homes.
C. Repairs to any storm water BMPs deemed necessary by the City.
156.04 DEFINITIONS. The following definitions apply in this chapter. References to

“sections” mean references to sections in this chapter unless otherwise specified. Defined
terms remain the same whether capitalized or not capitalized.
1. “Applicant” means any individual, firm, corporation, association, partnership,
limited liability company, or any other business entity or proprietor of land that will
perform land disturbing activity.
2. “Best management practices” (BMPs) means physical, structural, and/or
managerial practices that, when used singly or in combination, control activities,
including (but not limited to) site run-off, spillage and leaks, and waste disposal, and
prevent or reduce the discharge of pollutants directly or indirectly to the waters of the
United States. BMPs may include schedules of activities, prohibition of practices,
design standards, educational activities, and treatment requirements.
3. “Board of Appeals” means the Tree and Storm Water Advisory Board of the
City, sitting as an appeal board for this chapter.
4. “Building” means any structure, either temporary or permanent, having walls
and a roof, designed for the shelter of any person, animal, or property occupying over
100 square feet.
5. “Building permit” means a permit issued pursuant to this Code of Ordinances.
6. “Channel protection storage volume” means providing 24-hour extended
detention of the one-year, 24-hour storm event. If channel protection and water
quality volumes share a common extended detention facility and outlet structure,
water quality volume may be included in the channel protection volume.
7. “City storm water standards” means the guidelines provided for in the Iowa
Storm Water Management Manual and this chapter, as amended. Where conflict
occurs between the Iowa Storm Water Management Manual and this chapter,
requirements of this chapter shall apply.

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8. “Dedication” means the deliberate appropriation of property by its owner for

general public use.
9. “Developer” means a person who undertakes land disturbing activities.
10. “Development” means either:
A. Land-disturbing activity one acre or greater, or which is part of a
larger common plan of development; or
B. Any land-disturbing activity for any commercial, industrial, or multi-
family residential use as defined by the North Liberty Zoning Code.
11. “Drainage easement” means a legal right granted by a landowner to a grantee
for the purposes of allowing use of private land for storm water management
purposes.
12. “Iowa Storm Water Management Manual” means the manual collaboratively
developed by the Iowa Department of Natural Resources (IDNR) and the Center for
Transportation Research and Education (CTRE) at Iowa State University that contains
the sizing criteria, design and specification guidelines, and BMPs that address storm
water quality and quantity management.
13. “Land-disturbing activity” means any activity that results in a movement of
earth or a change in the existing soil cover (both vegetative and non-vegetative) or the
existing topography. Land-disturbing activity includes, but is not limited to, clearing,
grading, filling, excavation or addition or replacement of impervious surface.
14. “Landowner” means the legal or beneficial owner of land, including those
holding the right to purchase or lease the land, or any other person holding proprietary
rights in the land.
15. “Maintenance agreement” means a legally recorded document that acts as a
property deed restriction, and which provides for the long-term maintenance of BMPs.
16. “Overbank flood protection volume” means providing discharge control such
that the post-development 100-year storm event peak discharge does not exceed the
five-year pre-development peak discharge. If channel protection, water quality, and
overbank flood protection volumes share a common extended detention facility and
outlet structure, water quality and channel protection volumes may be included in the
overbank flood protection discharge control.
17. “Responsible person” means an individual identified in a permit issued by the
City as the principal contact for communications regarding the permit.
18. “Storm water” means any surface flow, runoff, and drainage consisting
entirely of water from any form of natural precipitation and resulting from such
precipitation.
19. “Storm water management” means the use of BMPs that are designed in
accordance with the City storm water standards to reduce storm water runoff pollutant
loads, discharge volumes, peak flow discharge rates, and detrimental changes in
stream temperature that affect water quality and habitat.
20. “Storm Water Pollution Prevention Plan” (SWPPP) means a document which
describes the best management practices and activities to be implemented by a person
to identify sources of pollution or contamination at a site and the actions to eliminate

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or reduce pollutant discharges to storm water, storm water conveyance systems,

and/or receiving waters of the United States to the maximum extent practicable.
21. “Storm water wet detention pond” means a constructed storm water detention
basin that has a permanent pool of water. Minimum pool depth shall be ten feet for at
least 25% of the permanent pool area. Upon completion of the pond, the owner shall
stock the pond with appropriate bass, bluegill, and catfish combination. Owner may
contact IDNR fisheries or the City for fish stocking.
22. “Water quality volume” means the storage needed to capture and treat the
runoff from 90% of the average annual rainfall. For purposes of this chapter, the
design rainfall depth for determining water quality volume is 1.25 inches.
156.05 ADMINISTRATION. The City Administrator shall administer, implement, and

enforce the provisions of this chapter. Any powers granted or duties imposed upon the City
Administrator may be delegated by the City Administrator to persons or entities acting in the
beneficial interest of or in the employ of the City.
156.06 CITY NOT LIABLE. Nothing contained in this chapter shall be construed to create
or form the basis of any liability on the part of the City, or its officers, employees, or agents
for any injury or damage resulting from the failure of responsible parties to comply with the
provisions of this chapter or by reason or in consequence of any inspection, notice, order,
certificate, permission, or approval authorized or issued or done in connection with the
implementation or enforcement of this chapter, or by reason of any action or inaction on the
part of the City related in any manner to the enforcement of this chapter by its officers,
employees or agents.
156.07 PERMIT REQUIRED. No landowner or developer shall receive any construction

site runoff permit, building permit, provisional use permit, conditional use permit or special
exception use permit without first meeting the requirements of this chapter prior to
commencing the proposed activity.
156.08 STORM WATER MANAGEMENT PLAN REQUIRED. No application for

development subject to the provisions of this chapter will be accepted unless it includes a
storm water management plan detailing in concept how runoff and associated water quality
impacts resulting from the development will be controlled and managed.
156.09 STORM WATER MANAGEMENT PLAN REQUIREMENTS. The Storm

Water Management Plan for each development subject to this chapter shall:
1. Be prepared by a licensed professional engineer.
2. Indicate whether storm water will be managed on-site or off-site and, if on-
site, the general location and type of BMPs, with clear citations to the Iowa Storm
Water Management Manual.
3. Include a signed and dated certification under penalty of perjury by the
preparer of the storm water management plan that it complies with all of the
requirements of this chapter and the Iowa Storm Water Management Manual, meets
the submittal requirements outlined in the Iowa Storm Water Management Manual, is
designed to achieve the City storm water standards, and that the City is entitled to rely
upon the certification as due diligence on the part of the City.

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4. Include a scaled map indicating the location of existing and proposed

buildings, roads, parking areas, utilities, structural storm water management and
sediment and erosion BMPs.
5. Include a map showing the proposed land use with a tabulation of the
percentage of surface areas to be adapted to various uses, drainage patterns, location
of utilities, roads, and easements and the limits of clearing and grading.
6. Include a topographic base map, consisting of an appropriately scaled
topographic base map of the site which extends an appropriate distance beyond the
limited of the proposed development and indicates existing surface water drainage,
including (but not limited to) streams, ponds, culverts, ditches and wetlands; current
land use including all existing structures; locations of utilities, roads, and easements
and significant natural and manmade features not otherwise shown.
7. Include hydrologic and hydraulic design calculations for the pre-development
and post-development conditions for the design storms specified in the Iowa Storm
Water Management Manual. Such calculations shall include:
A. Description of the design storm frequency, intensity and duration;
B. Time of concentration;
C. Data on the increase in rate and volume of runoff for the design
storms referenced in the Iowa Storm Water Management Manual;
D. Soil curve numbers or runoff coefficients;
E. Peak runoff rates and total volumes for each watershed area;
F. Culvert capacities;
G. Flow velocities; and
H. Documentation of sources for all computation methods and field test
results.
8. Include a soils report, if a storm water BMP depends on the hydrologic
properties of soils. The soils report shall be based on on-site boring or soil pit
profiles.
9. Include a maintenance and repair plan for all storm water BMPs, including
detailed maintenance and repair procedures to ensure their continued efficient
function. These plans shall identify the parts or components of a storm water BMP
that need to be maintained and the equipment and skills or training necessary.
Provisions for periodic review and evaluation of the effectiveness of the maintenance
program and the need for revisions or additional maintenance procedures shall be
included in the plan.
10. Include a detailed landscaping plan for management of vegetation at the site
after construction is finished, including the person responsible for the maintenance of
vegetation at the site and what practices will be employed to ensure that adequate
vegetative cover is preserved. This plan must be prepared by a qualified individual
approved by the City such as a registered landscape architect, wetland specialist,
licensed engineer, landscape designer or by the soil and water conservation district.
11. Include proof of permanent recorded maintenance easements that will ensure
access to all storm water BMPs at the site for the purpose of inspection and repair.

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12. Include proof of permanent recorded maintenance agreements binding on all

subsequent landowners served by storm water BMPs to ensure maintenance and repair
in accordance with the specifications of this chapter.
13. Include copies of all other applicable environmental permits for the site.
14. Include any other information required by the City Administrator or City
Engineer to ensure compliance with the requirements of this chapter.
156.10 COMPLIANCE REQUIRED. Each development subject to the requirements of

this chapter shall comply with the City’s mandate to improve storm water quality and manage
storm water quantity within the City. The developer is deemed to have complied with the
City’s mandate to improve storm water quality and manage storm water quantity if the
development:
1. Treats the water quality volume resulting from a rainfall depth of 1.25 inches
in accordance with the City storm water standards.
2. Provides channel protection storage volume and extended detention in
accordance with the City storm water standards.
3. Provides overbank flood protection in accordance with the City storm water
standards (Q100 POST; ≤ Q5 PRE).
4. Provides an emergency overflow spillway (including one-foot freeboard) and
designated overflow route for extreme rainfall events. The spillway shall be designed
for the 100-year event and assuming the initial outlet controls are completely blocked.
5. Provides storm water BMP facilities which are constructed and function in
accordance with the approved design. The property owner or applicant shall provide
to the City an as-built plan detailing dimensions and elevations as well as certification
that the approved facilities were installed and properly working. The as-built plan
shall be completed by an Iowa-licensed professional engineer and submitted to the
City prior to the acceptance of any improvements or issuance of any certificates of
occupancy.
6. Provides for all BMPs selected to be utilized in each development to be
designed, constructed, and maintained as required by the City storm water standards.
156.11 MAINTENANCE AND REPAIR OF STORM WATER BMPs.

1. The landowner or developer of every site subject to the provisions of this
chapter shall be responsible for maintaining as-built storm water BMPs in an effective
state as determined in the sole judgment of the City for 25 years after completion of
construction.
2. Prior to the issuance of any permit for development involving any storm water
BMP, the landowner or developer must execute a storm water management easement
for each BMP in a form acceptable to the City. Said easement will provide for access
to the BMP by the City for periodic inspection. Said easement shall be recorded at the
expense of the landowner or developer.
3. Prior to the issuance of any development permit, the landowner or developer
shall execute a storm water BMP maintenance agreement in a form acceptable to the
City that requires the landowner or developer to inspect and maintain each storm
water BMP for a period of 25 years. In addition, the storm water BMP maintenance

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agreement shall provide for assessment against all owners of property in the
development should the storm water BMP not be maintained. In lieu of the
assessment agreement, the landowner/developer may submit a maintenance bond for a
period of 25 years.
4. In the event that the responsible party fails to maintain the storm water BMP,
the City, upon 30 days’ written notice, may repair or cause to be repaired the storm
water BMP to its proper working condition. After completion of the repair, the City
shall submit an invoice for the repair to the responsible party, who shall pay said
invoice within 30 days. In the event that the invoice is not paid, the City shall either
certify the amount to the County Treasurer for collection as contemplated in the storm
water BMP maintenance agreement to be collected in the same manner as ordinary
taxes. When applicable, the City may also commence proceedings against the surety
for payment of the expenses.
156.12 ISSUANCE OF PERMIT. If the City Administrator or designee deems that the
storm water management plan meets the requirement of this chapter, the City Administrator or
designee will notify the appropriate City officials that appropriate development permits may
be issued. However, this action by the City Administrator does not obviate the developer
from any of the additional requirement in this Code of Ordinances for the construction of a
development.
156.13 DENIAL OF PERMIT. The City Administrator may reject a storm water
management plan that the City Administrator believes does not meet the requirements of this
chapter. If a permit is denied, the City Administrator or designee shall state the reasons for the
denial in writing and return the application to the applicant.
156.14 RIGHT OF ENTRY. The City Administrator or other duly authorized employees
or contractors of the City, bearing proper credentials and identification, shall be permitted to
enter all properties for the purposes of inspection, observation, and monitoring compliance
with the provisions of this chapter.
156.15 REQUIRED INSPECTIONS FOR STORM WATER BMPs. The City shall, on
occasion, as determined by the City Engineer, inspect each storm water BMP to ensure that
the storm water BMP is working properly to achieve the goals of this chapter. In the event a
storm water BMP is not working correctly, the City shall notify the landowner per Section
156.11 of this chapter.
156.16 STOP WORK ORDER. When the City Administrator determines that any land-
disturbing activity regulated by this chapter is being performed in a manner contrary to the
provisions of this chapter, the City Administrator is authorized to issue a stop work order.
1. The stop work order shall be in writing and shall be served upon the owner of
the site, responsible person, or to the person violating the requirements of this chapter.
The stop work order shall state the reason for the order and the conditions to be
corrected prior to the lifting of the stop work order.
2. Any person who continues any work after having been served a stop work
order, except such work as that person is ordered to perform to remove a violation or
unsafe condition, shall be a violation of this chapter.

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156.17 FEES.
1. Prior to the approval of the storm water management plan, the applicant shall
submit an application fee as adopted by resolution of the City Council.
2. The fees for review and inspection shall be adopted by resolution of the City
Council.
156.18 NOTICE OF VIOLATION; ADMINISTRATIVE PENALTIES. The City is

hereby authorized to issue municipal infractions, in accordance with Chapter 364.22 of the
Code of Iowa, to any person who violates a provision of this chapter; however, if the City
Administrator determines that immediate enforcement action is necessary to achieve
compliance with the requirements of this chapter, then the City may proceed under Section
156.20 below.
156.19 MISDEMEANOR AND MUNICIPAL INFRACTION PENALTIES.

1. Any person who fails to perform an act required by this chapter or who
commits an act prohibited by this chapter or who resists the enforcement of any
section of this chapter shall be guilty of a simple misdemeanor punishable by a fine or
imprisonment as provided in this Code of Ordinances and the Code of Iowa.
2. Any person who fails to perform an act required by this chapter or who
commits an act prohibited by this chapter or who resists the enforcement of any
section of this chapter shall be deemed to have committed a municipal infraction in
accordance with Chapter 3 of this Code of Ordinances.
156.20 NUISANCE. Any violation of this chapter shall be deemed to be a public nuisance
injurious to the public health, safety, and welfare. The City Attorney, in addition to the
penalties in Sections 156.18 and 156.19, may correct said violations as a nuisance pursuant to
Chapter 50 of this Code of Ordinances.
156.21 REMEDIES NOT EXCLUSIVE. The remedies provided in the chapter and
otherwise in this Code of Ordinances are not exclusive, or in lieu of the rights and remedies
that the City may have at law or in equity.
156.22 APPEALS.
1. The Tree and Storm Water Advisory Board, in regular or special session, shall
sit as the Board of Appeals and, on appeals under this chapter, may seek additional
professional counsel schooled in matters contained in this chapter. A majority of the
total current membership of the appeal board shall be deemed to settle matters brought
before the board.
2. The Tree and Storm Water Advisory Board, sitting as the Board of Appeals,
shall hold meetings from time to time and conduct hearings on appeals. The appeal
board shall act within 30 days on a timely written request, and if the appeal board fails
to act within 30 days after the filing of a timely written appeal, the appeal shall be
deemed granted in favor of the appellant.
3. Any person aggrieved by any ruling, decision, interpretation, or order
regarding the denial of a development permit by the City Administrator shall have the
right to appeal to the Board of Appeals by filing written notice of such appeal with the
City Clerk within ten business days from the date of the City Administrator’s ruling.
If such a notice is filed, the City Administrator shall set a time and place for hearing

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and so notify the party that has filed the appeal. The hearing shall be open to the
public and subject to the time limitation set out in the immediately preceding
subsection. The Board of Appeals, by majority vote of the total current membership,
shall affirm, modify, or reverse an appealed ruling, decision, interpretation, or order of
the City Administrator. The Board of Appeals may permit such exception that can be
made without decreasing the health or safety of persons or property, and when the
granting thereof will not violate the intent and purpose of this chapter. Mere
inconvenience or additional cost to the appellant is not grounds for the granting of
such exception.
4. The Board of Appeals shall act within 30 days on a timely written request. A
decision by the Board of Appeals modifying, affirming, or reversing the decision of
the City Administrator must be in writing and supported by written findings
establishing the reasonableness of the decision.
5. Upon fully availing itself of the review process set forth in the above
subsections, and upon receiving formal, written affirmation of a permit denial or
revocation of a permit for which the aforementioned review process was requested,
the person may bring an action in District Court to review a decision of the City made
under this chapter.

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CHAPTER 157
BUILDING CODE
157.01 Short Title 157.03 Amendments to the International Building Code
157.02 International Building Codes Adopted and the International Residential Code
157.04 Availability of the Building Code
157.01 SHORT TITLE. This chapter shall be known as the “North Liberty Building
Code,” may be cited as such, and will be referred to as such in this chapter. Any higher
standards in the state statute or City ordinance shall be applicable.
157.02 INTERNATIONAL BUILDING CODES ADOPTED. Except as hereinafter

modified, that certain building codes known as the International Building Code, 2009 Edition,
including Appendix H titled “Signs”, and the International Residential Code, 2009 Edition,
including Appendices E titled “Manufactured Housing Used as Dwellings,” F titled “Radon
Controlled Methods,” G titled “Swimming Pools, Spas and Hot Tubs,” H titled “Patio Covers”
and K titled “Sound Transmission” as published by the International Code Council in
cooperation with the International Conference of Building Officials, which codes are
specifically incorporated by reference shall be known as the building code. The provisions of
said building code shall control the design, construction, quality of materials, erection,
installation, addition, alteration, repair, location, relocation, replacement, removal, demolition,
use and maintenance of buildings and other structures within the incorporated limits of North
Liberty, Iowa.
157.03 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE AND THE

INTERNATIONAL RESIDENTIAL CODE. Certain sections, and portions of sections, of
the International Building Code, 2009 Edition (hereinafter IBC) and the International
Residential Code for One- and Two-Family Dwellings, 2009 Edition (hereinafter IRC), are
modified as set forth in this section.
1. Delete the following Sections from Chapter One of the IBC and insert in lieu
thereof the following:
101.1 Title.
These regulations shall be known as the Building Code of North Liberty,
hereinafter referred to as “this code.”
101.4 Referenced codes.
The other codes listed in Sections 101.4.1 through 101.4.7 and referenced
elsewhere in this code shall be considered part of the requirements of this
code to the prescribed extent of each such reference.
101.4.1 Electrical.
The provisions of the Electrical Code adopted by the State of Iowa
Electrical Board shall apply to the installation of electrical systems,
including alterations, repairs, replacement, equipment, appliances, fixtures,
fittings, and appurtenances thereto.

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CHAPTER 157 BUILDING CODE
101.4.2 Gas.
The provisions of the 2009 International Fuel Gas Code shall apply to the
installation of gas piping from the point of delivery, gas appliances, and
related accessories as covered in this code. These requirements apply to gas
piping systems extending from the point of delivery to the inlet connections
of appliances and the installation and operation of residential and
commercial gas appliances and related accessories.
101.4.3 Mechanical.
The provisions of the 2009 International Mechanical Code shall apply to
the installation, alterations, repairs, and replacement of mechanical systems,
including equipment, appliances, fixtures, fittings and/or appurtenances,
including ventilating, heating, cooling, air-conditioning and refrigeration
systems, incinerators, and other energy-related systems.
101.4.4 Plumbing.
The provisions of the 2009 International Plumbing Code shall apply to the
installation, alteration, repair, and replacement of plumbing systems,
including equipment, appliances, fixtures, fittings and appurtenances, and
where connected to a water or sewage system and all aspects of a medical
gas system. The provisions of the International Private Sewage Disposal
Code shall apply to private sewage disposal systems.
101.4.5 Property maintenance.
The provisions of the 2009 International Property Maintenance Code shall
apply to existing structures and premises; equipment and facilities; light,
ventilation, space heating, sanitation, life and fire safety hazards;
responsibilities of owners, operators and occupants; and occupancy of
existing premises and structures.
101.4.6 Fire prevention.
The provisions of the 2009 International Fire Code and as amended in
Chapter 158 shall apply to matters affecting or relating to structures,
processes and premises from the hazard of fire and explosion arising from
the storage, handling or use of structures, materials or devices; from
conditions hazardous to life, property or public welfare in the occupancy of
structures or premises; and from the construction, extension, repair,
alteration or removal of fire suppression and alarm systems or fire hazards
in the structure or on the premises from occupancy or operation.
101.4.7 Energy.
The provisions of the State of Iowa Energy Conservation Code shall apply
to all matters governing the design and construction of buildings for energy
efficiency.
105.1 Required.
Any owner or authorized agent who intends to construct, enlarge, alter,
repair, move, demolish, or change the occupancy of a building or structure,
or to erect, install, enlarge, alter, repair, remove, convert or replace any
electrical, gas, mechanical or plumbing system, the installation of which is
regulated by this code, or to cause any such work to be done, shall first
make application to the building official and obtain the required permit.

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105.1.1 Issuance of permits.

No permit shall be issued to an individual who does not have a valid license
to perform such work.
105.1.2 Licenses required.
a) State of Iowa electrical contractor license with a class A master
electrician for all electrical work defined by the State of Iowa contractor
licensing program.
b) State of Iowa master license for hydronic, mechanical, medical gas and
plumbing work defined by State of Iowa contractor licensing program.
c) National Institute for certification in Engineering Technologies (NICET)
Level III for any person designing water based fire protection system.
d) National Institute for certification in Engineering Technologies (NICET)
Level III for any person designing fire alarm system.
e) City of North Liberty sewer & water installer license.
110.3 Required inspections.
The building official, upon notification, shall make the inspections set forth
in Sections 110.3.1 through 110.3.10.
110.3.1 Footing and foundation inspection.
Footing and foundation inspections shall be made after excavations for
footings are complete and any required reinforcing steel is in place. For
concrete foundations, any required forms shall be in place prior to
inspection. Materials for the foundation shall be on the job, except where
concrete is ready mixed in accordance with ASTM C 94, the concrete need
not be on the job.
110.3.2 Concrete slab and under-floor inspection.
Concrete slab and under-floor inspections shall be made after in-slab or
under-floor reinforcing steel and building service equipment, conduit,
piping accessories and other ancillary equipment items are in place, but
before any concrete is placed or floor sheathing installed, including the
subfloor.
110.3.3 Lowest floor elevation.
In flood hazard areas, upon placement of the lowest floor, including the
basement, and prior to further vertical construction, the elevation
certification required in Section 1612.5 shall be submitted to the building
official.
110.3.4 Frame inspection.
Framing inspections shall be made after the roof deck or sheathing, all
framing, fire blocking and bracing are in place and pipes, chimneys and
vents to be concealed are complete and the rough electrical, plumbing,
heating wires, pipes and ducts are approved.
110.3.5 Fire-resistant penetrations.
Protection of joints and penetrations in fire resistance-rated assemblies shall
not be concealed from view until inspected and approved.

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110.3.6 Other inspections.

In addition to the inspections specified above, the building official is
authorized to make or require other inspections of any construction work to
ascertain compliance with the provisions of this code and other laws that are
enforced by the Department of Building Safety.
110.3.7 Special inspections.
For special inspections, see Section 1704.
110.3.8 Final inspection.
The final inspection shall be made after all work required by the building
permit is completed.
2. Delete the following Section from Chapter Five of the IBC and insert in lieu
501.2 Address numbers.
Approved numbers or addresses shall be placed on all buildings in
accordance with the fire code.
3. Amend Sections 1011 from Chapter Ten of the IBC and insert in lieu the
following:
1011.1.1 Additional Exit Signs.
Exit signs may be required at the discretion of the code official to clarify an
exit or exit access.
1011.5.2 Exit Sign Illumination.
In new construction, or if an exit sign is replaced, exit signs shall use an
LED lighting system and be illuminated internally. Exit signs shall have a
battery backup unless an on-site generator set is used. Luminance on the
face of an exit sign shall have an intensity of not less than 5.0 foot-candles
(53.82 lux).
1011.5.4 Combination Lights.
Combination exit sign/emergency light devices are prohibited in all new
construction.
1011.5.5 Separation of Emergency Lighting.
In new construction, emergency lighting shall be separated from the exit
sign by a minimum of 6 feet.
1011.5.6 Self-luminous and Photo luminescent exit signs.
Self-luminous and photo luminescent exit signs are not allowed. Exception:
Approved self-luminous and/or photo luminescent exit may be allowed in
tents by approval of the Code Official.
1011.5.7 Self-Testing Exit Signs and Emergency Lights.
Exit signs and/or emergency lights mounted higher than 8 1/2 feet from
floor level to the bottom of the exit sign or emergency light or if the exit
sign or emergency light is mounted in a location where it cannot be
manually tested, the exit sign and/or emergency light shall be self-testing
and have a visual diagnostic indicator.

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4. Delete the following Section from Chapter Thirteen of the IBC and insert in
lieu thereof the following:
1301.1.1 Criteria.
Buildings shall be designed and constructed in accordance with the State of
Iowa Energy Conservation Code.
5. Delete the following Sections from Chapter Twenty-seven of the IBC and
insert in lieu thereof the following:
2701.1 Scope.
This chapter governs the electrical components, equipment and systems
used in buildings and structures covered by this code. Electrical
components, equipment, and systems shall be designed and constructed in
accordance with the provisions of the 2008 National Electrical Code, except
as hereafter modified:
Delete section 210.8, paragraph (A) and insert in lieu thereof the following
paragraph:
(A) Dwellings Units. All 125-volt, single-phase, 15- and 20-ampere
receptacles installed in the locations specified in (1) through (8) shall have
ground-fault circuit-interrupter protection for personnel.
(1) Bathrooms.
(2) Garages, and also accessory buildings that have a floor located at or
below grade level not intended as habitable rooms and limited to storage
areas, work areas, and areas of similar use.
Exceptions:
1. Receptacles not readily accessible.
2. A single receptacle or a duplex receptacle for two appliances
located within dedicated space for each appliance that, in normal
use, is not easily moved from one place to another and that is cord-
and-plug connected in accordance with 400.7(A)(6), (A)(7), or
(A)(8). Receptacles installed under exception 210.8(A) (2) shall
not be considered as meeting the requirements of 210.52(G).
(3) Outdoors.
Exception: Receptacles not readily accessible and supplied by a
dedicated branch circuit for electric snow-melting or deicing
equipment shall be permitted to be installed in accordance with
426.28.
(4) Crawl spaces at or below grade level.
(5) Unfinished basements, for the purposes of this section, unfinished
basements are defined as portions or areas of the basement not intended as
habitable rooms and limited tom storage areas, work areas, and other similar
uses.
Exceptions:
1. Receptacles not readily accessible.
2. A single receptacle or a duplex receptacle for two appliances
located within dedicated space for each appliance that, in normal
use, is not easily moved from one place to another and that is cord-

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and-plug connected in accordance with 400.7(A)(6), (A)(7), or

(A)(8).
3. A receptacle supplying a permanently installed fire or burglar
alarm systems. Receptacles installed under exception 210.8(A) (2)
shall not be considered as meeting the requirements of 210.52(G).
(6) Kitchen receptacles that serve a countertop surface.
(7) Laundry, utility, and wet bar sink receptacles when installed within 6-ft
of outside edge of a sink.
2702.1 Installation.
Emergency and standby power systems shall be installed in accordance with
the 2008 National Electrical Code, NFPA 110, and NFPA 111.
6. Delete the following Section from Chapter Thirty-four of the IBC and insert
in lieu thereof the following:
3410.2 Applicability.
Structures existing prior to the effective date of this ordinance and in which
there is work involving additions, alterations or changes of occupancy shall
be made to conform to the requirements of this section or the provisions of
Sections 3403 through 3407. The provisions in Sections 3410.2.1 through
3410.2.5 shall apply to existing occupancies that will continue to be, or are
proposed to be, in Groups A, B, E, F, M, R, S and U. These provisions shall
not apply to buildings with occupancies in Group H or I.
7. Delete the following Sections from Chapter One of the IRC and insert in lieu
R101.1 Title.
These provisions shall be known as the Residential Code for One- and Two-
Family Dwellings of North Liberty, and shall be cited as such and will be
referred to herein as is “this code”.
R105.1 Required.
Any owner or authorized agent who intends to construct, enlarge, alter,
repair, move, demolish, or change the occupancy of a building or structure,
or to erect, install, enlarge, alter, repair, remove, convert or replace any
electrical, gas, mechanical or plumbing system, the installation of which is
regulated by this code, or to cause any such work to be done, shall first
make application to the building official and obtain the required permit.
R105.1.1 Issuance of permits.
No permit shall be issued to an individual who does not have a valid license
to perform such work, except for state’s exemption for a homeowner that
qualifies for a Homestead Tax Exemption.
R105.1.2 Licenses required.
a) State of Iowa electrical contractor license with a class A master
electrician for all electrical work defined by the State of Iowa contractor
licensing program.
b) State of Iowa master license for hydronic, mechanical, medical gas and
plumbing work defined by State of Iowa contractor licensing program.
c) National Institute for certification in Engineering Technologies (NICET)
Level III for any person designing water based fire protection system.

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d) National Institute for certification in Engineering Technologies (NICET)

Level III for any person designing fire alarm system.
e) City of North Liberty sewer & water installer license.
R105.2 Work exempt from permit.
Permits shall not be required for the following. Exemption from permit
requirements of this code shall not be deemed to grant authorization for any
work to be done in any manner in violation of the provisions of this code or
any other laws or ordinances of this jurisdiction.
Building:
1. One-story detached accessory structures used as tool and
storage sheds, playhouses and similar uses, provided the floor area
does not exceed 200 square feet (18.58 m2).
2. Fences not over 6 feet (1829 mm) high.
3. Retaining walls that are not over 4 feet (1219 mm) in height
measured from the bottom of the footing to the top of the wall,
unless supporting a surcharge.
4. Water tanks supported directly upon grade if the capacity does
not exceed 5,000 gallons (18927 L) and the ratio of height to
diameter or width does not exceed 2 to 1.
5. Sidewalks and driveways.
6. Painting, papering, tiling, carpeting, cabinets, counter tops and
similar finish work.
7. Prefabricated swimming pools that are less than 24 inches (610
mm) deep.
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall which do not
project more than 54 inches (1372 mm) from the exterior wall and
do not require additional support.
10. Decks not exceeding 200 square feet (18.58 m2) in area, that
are not more than 30 inches (762 mm) above grade at any point
and do not serve the exit door required by Section R311.4.
11. Reapplication of shingles and roof sheathing provided less
than 50% of the sheathing is replaced and other structural
alterations are not required.
12. Reapplication of siding.
13. Window replacement provided window opening sizes are not
altered and conforming rescue and escape windows are present in
all sleeping rooms.
Electrical:
Repairs and maintenance: A permit shall not be required for minor
repair work, including the replacement of lamps or the connection
of approved portable electrical equipment to approved permanently
installed receptacles.
Gas:
1. Portable heating, cooking or clothes drying appliances.

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2. Replacement of any minor part that does not alter approval of

equipment or make such equipment unsafe.
3. Portable-fuel-cell appliances that are not connected to a fixed
piping system and are not interconnected to a power grid.
Mechanical:
1. Portable heating appliances.
2. Portable ventilation appliances.
3. Portable cooling units.
4. Steam, hot or chilled water piping within any heating or cooling
equipment regulated by this code.
5. Replacement of any minor part that does not alter approval of
equipment or make such equipment unsafe.
6. Portable evaporative coolers.
7. Self-contained refrigeration systems containing 10 pounds (4.54
kg) or less of refrigerant or that are actuated by motors of 1
horsepower (746 W) or less.
8. Portable-fuel-cell appliances that are not connected to a fixed
piping system and are not interconnected to a power grid.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe;
provided, however, that if any concealed trap, drainpipe, water,
soil, waste or vent pipe becomes defective and it becomes
necessary to remove and replace the same with new material, such
work shall be considered as new work and a permit shall be
obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes,
valves or fixtures, and the removal and reinstallation of water
closets, provided such repairs do not involve or require the
replacement or rearrangement of valves, pipes or fixtures.
R108.3 Building permit valuations.
The applicant for a permit shall provide an estimated permit value at time of
application. Permit valuations shall include total value of work, including
materials and labor, for which the permit is being issued, such as electrical,
gas, mechanical, plumbing equipment, and permanent systems.
The building official shall verify the applicant’s valuation by using the most
current Building Valuation Data Table published in Building Safety Journal
to determine the permit value. Final building permit valuation shall be set
by the building official.
8. Modify the following Sections from Chapter Three of the IRC and inserting
the following:
R301.2 Climatic and geographic design criteria.
Buildings shall be constructed in accordance with the provisions of this
code as limited by the provisions of this section. Additional criteria shall be
established by the local jurisdiction and set forth in Table R301.2 (1).

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Table R301.2(1)
Climatic and Geographic Design Criteria
Subject To Damage From
Ice Shield
Ground Wind Seismic Frost Winter Under- Air Mean
Snow Speed Design Line Design layment Flood Freezing Annual
Load MPH Category Weathering Depth Termite Decay Temp Required Hazards Index Temp
25 90 A Severe 42″ M–H S–M -5° F Yes 8/22/02 2000 50 F
R302.2 Townhouses.
Each townhouse shall be considered a separate building and shall be
separated by fire-resistance-rated wall assemblies meeting the requirements
of Section R302 for exterior walls.
Exception: A common 2-hour fire-resistance-rated wall is
permitted for townhouses if such walls do not contain plumbing or
mechanical equipment, ducts or vents in the cavity of the common
wall. Electrical installations shall be installed in accordance with
Chapters 33 through 42.
Penetrations of electrical outlet boxes shall be in accordance with Section
R302.3.
R302.2.1 Continuity.
The fire-resistance-rated wall or assembly separating townhouses shall be
continuous from the foundation to the underside of the roof sheathing, deck
or slab. The fire-resistance rating shall extend the full length of the wall or
assembly, including wall extensions through and separating attached
enclosed accessory structures.
R302.2.2 Parapets.
Parapets constructed in accordance with Section R302.2.3 shall be
constructed for townhouses as an extension of exterior walls or common
walls in accordance with the following:
1. Where roof surfaces adjacent to the wall or walls are at the same
elevation, the parapet shall extend not less than 30 inches (762 mm) above
the roof surfaces.
2. Where roof surfaces adjacent to the wall or walls are at different
elevations and the higher roof is not more than 30 inches (762 mm) above
the lower roof, the parapet shall extend not less than 30 inches (762 mm)
above the lower roof surface.
Exception: A parapet is not required in the two cases above when
the roof is covered with a minimum class C roof covering, and the
roof decking or sheathing is of noncombustible materials or
approved fire-retardant treated wood for a distance of 4 feet (1219
mm) on each side of the wall or walls, or one layer of 5/8-inch
(15.9 mm) Type X gypsum board is installed directly beneath the
roof decking or sheathing, supported by a minimum of nominal 2-
inch (51 mm) ledgers attached to the sides of the roof framing
members, for a minimum distance of 4 feet (1220 mm) on each
side of the wall or walls.
3. A parapet is not required where roof surfaces adjacent to the wall or
walls are at different elevations and the higher roof is more than 30 inches
(762 mm) above the lower roof. The common wall construction from the

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lower roof to the underside of the higher roof deck shall have not less than a
1-hour fire-resistance rating. The wall shall be rated for exposure from both
sides.
R302.2.3 Parapet construction.
Parapets shall have the same fire-resistance rating as that required for the
supporting wall or walls. On any side adjacent to a roof surface, the parapet
shall have noncombustible faces for the uppermost 18 inches (457 mm), to
include counter flashing and coping materials. Where the roof slopes toward
a parapet at slopes greater than two units vertical in 12 units horizontal
(16.7-percent slope), the parapet shall extend to the same height as any
portion of the roof within a distance of 3 feet (914 mm), but in no case shall
the height be less than 30 inches (762 mm).
R302.2.4 Structural independence.
Each individual townhouse shall be structurally independent.
Exceptions:
1. Foundations supporting exterior walls or common walls.
2. Structural roof and wall sheathing from each unit may fasten to
the common wall framing.
3. Nonstructural wall coverings.
4. Flashing at termination of roof covering over common wall.
5. Townhouses separated by a common 2-hour fire-resistance-
rated wall as provided in Section R302.2.
R305.1 Exceptions.
3. Ceiling height may be reduced 6 inches for main beams and mechanical
ducts provided the prescribed ceiling height is maintained in at least two-
thirds (2/3) of the room.
R313.1 Townhouse automatic fire sprinkler systems.
An automatic residential fire sprinkler system shall be installed in
townhouses with five or more units.
Exceptions:
An automatic residential fire sprinkler system shall not be required
when additions or alterations are made to existing townhouses that
do not have an automatic residential fire sprinkler system installed.
R313.2 One- and two-family dwellings automatic fire systems. Delete
the entire Section.
R319.1 Premises identification.
Approved numbers or addresses shall be placed on all buildings in such a
position as to be plainly visible and legible from the street or road fronting
the property. Said numbers shall contrast with their background. Address
numbers shall be in Arabic numerals or alphabet letters a minimum of 4
inches in height with a minimum stroke width of 1/2 inch. Where access is
by means of a private road and the building cannot be viewed from the
public way, a monument, pole or other sign or means shall be used to
identify the structure.

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R317.1 Location required.

Protection of wood and wood based products from decay shall be provided
in the following locations by the use of naturally durable wood or wood that
is preservative-treated in accordance with AWPA U1 for the species,
product, preservative and end use. Preservatives shall be listed in Section 4
of AWPA U1.
1. Wood joists or the bottom of a wood structural floor when closer than 18
inches (457 mm) or wood girders when closer than 12 inches (305 mm) to
the exposed ground in crawl spaces or unexcavated area located within the
periphery of the building foundation.
2. All wood framing members that rest on concrete or masonry exterior
foundation walls and are less than 8 inches (203 mm) from the exposed
ground.
3. Sills and sleepers on a concrete or masonry slab that is in direct contact
with the ground unless separated from such slab by an impervious moisture
barrier.
4. The ends of wood girders entering exterior masonry or concrete walls
having clearances of less than 1/2 inch (12.7 mm) on tops, sides and ends.
5. Wood siding, sheathing and wall framing on the exterior of a building
having a clearance of less than 6 inches (152 mm) from the ground or less
than 2 inches (51 mm) measured vertically from concrete steps, porch slabs,
patio slabs, and similar horizontal surfaces exposed to the weather and
installed with frost protection methods approved by the Building Official.
6. Wood structural members supporting moisture-permeable floors or roofs
that are exposed to the weather, such as concrete or masonry slabs, unless
separated from such floors or roofs by an impervious moisture barrier.
7. Wood furring strips or other wood framing members attached directly to
the interior of exterior masonry walls or concrete walls below grade except
where an approved vapor retarder is applied between the wall and the
furring strips or framing members.
9. Delete following Section from Chapter Six of the IRC:
Section R612 Window sills
157.04 AVAILABILITY OF THE BUILDING CODE. An official copy of the building

code, including a certificate by the City Clerk as to its adoption and effective date thereof, is
on file in the office of the City Clerk in the administration building, and shall be kept there on
file. Copies shall be available at the Department of Building Safety for public inspection.
Additionally the International Building Code, 2009 Edition and the International Residential
Code for One- and Two-Family Dwellings, 2009 Edition are available to the public at the
North Liberty Public Library.

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CHAPTER 158
FIRE CODE
158.01 Short Title 158.04 Fees
158.02 International Fire Code Adopted 158.05 Amendments to the International Fire Code
158.03 Geographic Limits
158.01 SHORT TITLE. This chapter shall be known as the “North Liberty Fire Code,”
may be cited as such, and will be referred to as such in this chapter. Any higher standards in
the state statute or City ordinance shall be applicable.
158.02 INTERNATIONAL FIRE CODE ADOPTED. That a certain document, one (1)
copy of which is on file in the office of the City Clerk, being marked and designated as the
International Fire Code, 2009 Edition, including Appendix Chapters B, C, D, E, F, G, H, I
and J as published by the International Code Council, is hereby adopted as the Fire Code of
the City of North Liberty, in the State of Iowa regulating and governing the safeguarding of
life and property from fire and explosion hazards arising from the storage, handling and use of
hazardous substances, materials and devices, and from conditions hazardous to life or property
in the occupancy of buildings and premises as herein provided; providing for the issuance of
permits and collection of fees therefore; and each and all of the regulations, provisions,
penalties, conditions and terms of said Fire Code on file in the office of the City of North
Liberty are hereby referred to, adopted, and made a part hereof, as if fully set out in this
chapter, with the additions, insertions, deletions and changes, if any, prescribed herein.
158.03 GEOGRAPHIC LIMITS. The geographic limits referred to in certain sections of

the 2009 International Fire Code are hereby established as follows:
Section 3404.2.9.6.1 The storage of Class I and Class II liquids in above-ground
tanks outside of buildings is prohibited in the entire City of North Liberty, Iowa.
Exceptions: I-1 and I-2 Zoning Districts or as approved by the Fire Code
Official.
Section 3406.2.4.4 The storage of Class I and Class II liquids in above-ground tanks
is prohibited in the entire City of North Liberty, Iowa.
Official.
Section 3506.2 The storage of flammable cryogenic fluids in stationary containers is
prohibited in the entire City of North Liberty, Iowa.
Exceptions: As approved by the Fire Code Official.
Section 3804.2 The storage of liquefied petroleum gas is prohibited in the entire
City of North Liberty.
Official.
158.04 FEES. Fees for inspections, reinspections, plan reviews, acceptance testing, permits
and other services related to enforcement of this Code shall be established by the City Council
by resolution.

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CHAPTER 158 FIRE CODE
158.05 AMENDMENTS TO THE INTERNATIONAL FIRE CODE. Certain sections,

and portions of sections, of the International Fire Code, 2009 Edition (hereinafter IFC) are
modified as set forth in this section.
1. Delete the following sections from Chapter 1, “Scope and Administration” of
the IFC and insert in lieu thereof the following:
Section 101.1 Title. These regulations shall be known as the Fire Code of
the City of North Liberty, Iowa, hereinafter referred to as “this code.”
Section 104.5 Notices and orders. The Fire Code Official is authorized to
issue such notices or orders as are required to affect compliance with this
code in accordance with Section 109.1 and 109.2 The Fire Code Official is
authorized to order an operation or use stopped or the evacuation of any
premises, building, or vehicle or portion thereof which has or is a fire, life
safety or health hazard.
Section 105.2 Application. Application for a permit required by the code
shall be made to the Fire Code Official in such form and detail as prescribed
by the Fire Code Official. Applications for permits shall be accompanied
by such plans as prescribed by the Fire Code Official. Application for an
operational permit shall be submitted with all required information not less
than fourteen (14) days prior to the event requiring a permit.
Section 106.2 Inspections. The Fire Code Official is authorized to conduct
such inspections as are deemed necessary to determine the extent of
compliance with the provisions of this code and to approve reports of
inspection by approved agencies or individuals. All reports of such
inspections shall be prepared and submitted in writing for review and
approval. Inspection reports shall be certified by a responsible officer of
such approved agency or by the responsible individual. The Fire Code
Official is authorized to engage such expert opinion as deemed necessary to
report on unusual, details or complex technical issues subject to the
approval of the City Council. The Fire Code Official at his/her discretion
shall send plans to an outside agency for review. The Fire Code Official
shall choose the plan review agency. The applicant shall pay all fees
associated with the plan review directly to the outside agency. A certificate
of occupancy shall not be issued until the review fees have been paid.
Section 108 Board of Appeals. In order to hear and decide appeals of
orders, decisions or determinations made by the Fire Code Official relative
to the application and interpretation of this code, shall be heard and decided
by the City Board of Appeals.
Section 109.3 Violation Penalties. Persons who violate a provision of this
code or fail to comply with any of the requirements thereof or who erect,
install, alter, repair, or do work in violation of the approved construction
documents or directive of the Fire Code Official, or of a permit or certificate
used under provision of this code, shall be guilty of a Municipal Infraction,
as prescribed in Chapter 3 of the North Liberty Code of Ordinances.
Section 111.4 Failure to comply. Any person who continues any work
after having been served with a stop work order, except such work as that
person is directed to perform to remove a violation or unsafe condition,
shall be liable to a fine of up to $500 and $750 for a repeat offense.
2. Delete the following sections from Chapter 2, “Definitions” of the IFC and
insert in lieu thereof the following:

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Section 202 General Definitions. Add a new definition to read as follows:

FIRE CODE OFFICIAL. The Fire Chief, the Assistant Fire Chief, the Code
Official or the Chief’s authorized representative for the purposes of this Fire
Code.
Section 202 General Definitions. R-4 Residential occupancies shall
include buildings arranged for occupancy as residential care/assisted living
facilities including more than five (5) but not more than sixteen (16)
occupants, excluding staff.
Group R-4 occupancies shall meet the requirements for construction as
defined in the International Building Code for Group R-3, except as
otherwise provided for in that code.
3. Delete the following sections from Chapter 3, “General Requirements” of the
IFC and insert in lieu thereof the following:
Section 307.1 General. A person shall not kindle or maintain or authorize
to be kindled or maintained any open burning unless conducted and
approved in accordance with this section. The provisions of Section 105.05
of the North Liberty Code of Ordinances shall apply, as well.
Section 307.1.1 Prohibited Open Burning. Burning that is offensive or
objectionable because of smoke or odor emissions or when atmospheric
conditions or local circumstances make such fires hazardous shall be
prohibited.
Section 307.3 Extinguishment authority. The Fire Code Official is
authorized to order the extinguishment by the responsible person or the fire
department of any burning that creates or adds to a hazardous or
objectionable situation.
4. Delete the following sections from Chapter 4, “Emergency Planning and
Preparedness” of the IFC and insert in lieu thereof the following:
Section 401.9 Building evacuation. Upon activation of the building fire
alarm system or upon notification by other means of detecting and reporting
unwanted fire, all building occupants shall promptly evacuate the building.
Building employees and tenants shall implement the appropriate emergency
plan and procedures.
Exception: When the emergency evacuation plan, as approved by
the Fire Code Official, does not require the immediate total
evacuation of the building.
Section 405.2 Frequency. Required emergency evacuation drills shall be
held at the intervals specified in Table 405.2 or more frequently where
necessary to familiarize all occupants with the drill procedure. Fire and
evacuation drills in Group E occupancies, excluding daycares and
preschools shall be conducted in accordance with Section 100.31 of the
Code of Iowa. Emergency evacuation/fire drills shall be conducted at least
four times a year. Not less than two (2) drills shall be conducted between
July 1 and December 31 of each year and not less than two (2) drills shall
be conducted between January 1 and June 30 of each year. The North
Liberty Fire Department shall conduct one of the two drills during July 1
and December 31 and one of the two drills during January 1 and June 30 of
each year. The fire department emergency evacuation/fire drills shall be
unannounced.
Table 405.2 Fire and Evacuation Drill Frequency and Participation.
Add footnote e. Group E occupancies, excluding Preschools and Daycares

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shall conduct fire and evacuation drills at least four (4) times a year in
accordance with Section 100.31 of the Code of Iowa. Footnote shall be
added to Group E occupancy frequency.
5. Delete the following sections from Chapter 5, “Fire Service Features” of the
IFC and insert in lieu thereof the following:
Section 505.1 Address Identification. Approved numbers or addresses
shall be placed on all new and existing buildings in such a position as to be
plainly visible and legible from the street or road fronting the property. Said
numbers shall contrast with their background. Address numbers and
exterior suite numbers shall be in Arabic numerals or alphabet letters a
minimum of four (4) inches in height with a minimum stroke width of one-
half (1/2) inch. Where access is by means of a private road and the building
cannot be viewed from the public way, a monument, pole or other sign or
means shall be used to identify the structure. Exterior address location for
commercial buildings shall be determined by the Code Official.
Exceptions:
1. Monument signs shall have the address installed a minimum of
thirty-six (36) inches from the ground.
2. Addresses located one hundred (100) to one hundred and
ninety-nine (199) feet from the street shall be a minimum of six (6)
inches in height with a minimum stroke width of one-half (1/2)
inch. Addresses located two hundred (200) to two hundred ninety-
nine (299) feet from the street shall be a minimum of eight (8)
inches in height with a minimum stroke width of one (1) inch. For
each additional one hundred (100) feet from the street, the number
shall increase by an additional two (2) inches in height with the
stroke increased proportionally. Measurements to determine the
minimum number or letter size shall be measured from the
approved address location to the center line of the street for which
the premise is addressed. Minimum height and minimum stroke
may be increased by the Code Official.
3. Interior suite numbers shall be a minimum of three (3) inches in
height.
Section 505.3 Addresses for Buildings Under Construction. All new
commercial and residential buildings under construction shall have plainly
visible addresses from the street. The temporary address sign shall be
approved and issued by the City of North Liberty Building Department and
be placed no further than ten (10) feet from the street. Additional address
signage may be required at the discretion of the Code Official.
Section 506.1 Where required. Where access to or within a structure or an
area is restricted because of secured openings or where immediate access is
necessary for life-saving or fire-fighting purposes, the Fire Code Official is
authorized to require a key box to be installed in an approved location. The
key box shall be of an approved type and shall contain keys to gain
necessary access as required by the Fire Code Official. An approved key
box shall be installed in accordance to Chapter 37 of the North Liberty
Code of Ordinances.
Section 507.5.1 Where required. Where a portion of the facility or
building hereafter constructed or moved into or within the jurisdiction is
more than four hundred (400) feet (122 m) from a hydrant on a fire
apparatus road, as measured by an approved route around the exterior of the

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facility or building, on-site fire hydrants and mains shall be provided where
required by the Fire Code Official. (Delete Exceptions 1 & 2.)
Section 507.5.1.1 Fire Sprinkler System & Standpipe System Support.
A fire hydrant shall be located no more than one hundred (100) feet from a
fire sprinkler or standpipe system connection on hard surface, easily
accessible by fire apparatus and meeting the approval of the Fire Code
Official.
Section 507.5.7 Fire Hydrant Installation.
Section 507.5.7.1 Fire Hydrant height. Fire hydrants shall be installed a
minimum of eighteen (18) inches from the nominal ground level to the
center of the lowest water outlet.
Section 507.5.7.2 Fire hydrant outlet direction. All fire hydrants shall be
positioned so that the four and one-half (4 1/2) inch connection is facing the
street or driveway accessible to fire department apparatus.
Section 507.5.7.3 Fire hydrants threads. All new fire hydrants within the
limits of the city of North Liberty shall have National Standard Threads
(NST) on the two and one-half (2 1/2) inch connections and the four and
one-half (4 1/2) inch connection will have a Storz connection.
Section 507.5.7.4 Flow. The minimum flow requirements for a water main
serving a fire hydrant is the rate of water flow, at a residual pressure of
twenty pounds per square inch (20psi) and for a specified duration, as
specified in appendix B of this code.
6. Delete the following sections from Chapter 6, “Building Services and
Systems” of the IFC and insert in lieu thereof the following:
Section 605.10 Portable, electric, space heaters. Portable electric space
heaters shall comply with Sections 605.10.1 through 605.10.5.
Section 605.10.5 Fully enclosed. Portable, electric space heaters shall be
fully enclosed space heaters that by design have no external surfaces that
reach temperatures capable of igniting materials placed against the surface.
Section 607.4 Elevator Keys. Keys for the elevator car doors and fire-
fighter service keys shall be kept in an approved location for immediate use
by the fire department. The required elevator keys shall be secured in an
approved elevator key box in an approved location by the Fire Code
Official.
7. Delete the following sections from Chapter 8, “Interior Finish, Decorative
Materials and Furnishings” of the IFC and insert in lieu thereof the following:
Section 804.4 Maintenance. The interior finish of buildings shall be
maintained in accordance with the conditions of original approval. Any
change to the interior finish that is regulated by the provisions of this code
or the building code shall be made in accordance with all applicable
requirements.
Section 806.1 Natural Cut Trees. Natural cut trees, where allowed by this
section, shall have the trunk bottoms cut off at least one half (0.5) inch (12.7
mm) above the original cut and shall be placed in a support device
complying with Section 806.1.2. Natural or resin-bearing cut trees and
natural decorative vegetation used in buildings open to the general public
shall be properly treated with an approved flame retardant.

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Section 806.1.1 Restricted occupancies. Natural cut trees shall be

prohibited in Group A, B, E, I-1, I-2, I-3, I-4, M, R-1, R-2 and R-4
occupancies.
Exceptions:
1. Trees located in areas protected by an approved automatic
sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 shall not be prohibited in Groups A, B, E, M, R-1 and R-
2.
2. Trees shall be allowed within dwelling units in Group R-2
occupancies.
Section 807.4.3.1 Storage in corridors and lobbies. Clothing and
personal effects shall not be stored in corridors and lobbies.
Exception:
1. Storage in metal lockers, provided the minimum egress width is
maintained.
8. Delete the following sections from Chapter 9, “Fire Protection Systems” of
Section 901.2 (a) Water based fire protection systems. Working plans
submitted to the fire department for water based fire protection systems
shall be stamped and approved by a qualified person to be in compliance
with applicable NFPA standards and the North Liberty Fire Code. Any
changes to the working plans shall be approved by a qualified person. A
qualified person shall have a minimum National Institute for Certification in
Engineering Technologies [NICET] Level III certification for Automatic
Sprinkler System Layout or be a licensed engineer with experience in life
safety system design. Other qualifications may be approved by the Fire
Code Official.
Section 901.2 (b) Fire alarm systems. Working plans submitted to the fire
department by a qualified person for fire alarm systems shall be stamped
and approved by a qualified person to be in compliance with applicable
NFPA standards and the North Liberty Fire Code. Any changes to the
working plans shall be approved by a qualified person. A qualified person
shall have a minimum National Institute for Certification in Engineering
Technologies [NICET] Level III certification for Fire Alarm Systems or be
a licensed engineer with experience in life safety system design. Other
qualifications may be approved by the Fire Code Official.
Section 901.7 Systems out of service. Where a required fire protection
system is out of service, the fire department and Fire Code Official shall be
notified immediately and, where required by the Fire Code Official, the
building shall be evacuated or an approved fire watch shall be provided for
all occupants left unprotected by the shutdown until the fire protection
system has been returned to service.
Where utilized, fire watches shall be provided with at least one approved
means for notification of the fire department. Their only duty shall be to
perform constant patrols of the protected premises and keep watch for fires.
A person assigned to fire watch must walk through the building at least
once every thirty (30) minutes checking for fire or smoke. A fire watch
must be continued until the fire alarm system and/or fire protection system
has been restored to normal operating condition or the building has been
evacuated. A competent adult familiar with the building must conduct the

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fire watch. If a fire is discovered, call 911 and immediately evacuate the
building.
Section 903.3.5.3 Water supply safety margin. Provide a minimum ten
percent (10%), but not less than five (5) psi, safety margin above static
pressure in the fire protection system hydraulic calculation.
Section 903.3.8 Fire Sprinkler Riser Room. Fire sprinkler riser room shall
be separated from electrical room and have no electrical panels inside the
rooms other than the outlets required for the use of the fire sprinkler system
or fire alarm panel. The fire sprinkler riser room shall have an exterior
access door. Exception: Non-mixed use R-2 occupancies and approval by
Fire Code Official.
Section 903.4.2 Alarms. An approved weatherproof horn/strobe device
shall be mounted directly above the fire department connection between
seven (7) and ten (10) feet in height above grade. The water-flow alarm
device shall be activated by water flow equivalent to the flow of a single
sprinkler of the smallest orifice size installed in the system. Approved and
supervised audible visual notification appliances shall be installed through
out each level of the interior of the building as required by the Fire Code
Official and NFPA 72.
Section 903.7 Zones. Automatic sprinkler system zones shall not exceed
the area permitted by NFPA 13 or NFPA 13R and shall provide a sprinkler
control valve and water flow device for each normally occupied floor or
normally occupied space in a multi-tenant building. Except by approval of
the Fire Code Official, all control valves shall be located in the sprinkler
system riser room.
Section 903.8 Fire sprinkler for canopies. A canopy covering a door that
is required to be marked as an exit shall be required to have fire sprinklers
installed outside that door if the canopy extends more than four (4) feet out
from the door and is twelve (12) feet or less in height from the ground
regardless of whether the canopy is combustible or noncombustible.
Canopies that have vehicle access under them with door openings shall be
required to have fire sprinklers installed under the total canopy regardless of
whether the canopy is combustible or non-combustible.
Exception:
If the Code does not require a building to have a fire sprinkler
system, Section 903.8 does not apply.
Section 904.11.6.4 Ventilation Operation. The ventilation system shall
shut down the make up air to the hood and continue to exhaust upon
activation of the hood fire extinguishing system. Supply air openings other
than part of the hood system shall be a minimum of six (6) feet from any
part of a Type 1 Hood. Supply air openings closer than six (6) feet must
shut down upon activation of the extinguishing system.
Exception:
1. Section 904.11.6.6 may be revoked if the fire
extinguishing agent will not perform to specifications due to
exhausting requirements.
Section 905.1.1 Standpipe Systems. All references to class II standpipe
system should be replaced with class III standpipe systems.

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Section 905.3.8 Additional Standpipe Systems. Additional standpipe

systems may be added to new buildings or structures as deemed necessary
by the Fire Code Official.
Section 906.1 Where required. Portable fire extinguishers shall be
installed in the following locations.
1. In new and existing Group A, B, E, F, H, I, M, R-1, R-2, R-4 and S
occupancies.
2. Within thirty (30) feet (9144 mm) of commercial cooking equipment.
3. In areas where flammable or combustible liquids are stored, used or
dispensed.
4. On each floor of structures under construction, except Group R-3
occupancies, in accordance with Section 1415.1.
5. Where required by the sections indicated in Table 906.1.
6. Special-hazard areas, including but not limited to laboratories, computer
rooms and generator rooms, where required by the Fire Code Official.
Section 906.3 Size and distribution. The size and distribution of portable
fire extinguishers shall be in accordance with Sections 906.3.1 through
906.3.4. The minimum size and rating of any required portable fire
extinguisher for Class A, Class B, or Class C hazard shall be five (5) lb. 2-
A, 10-B C.
Section 907.1.4 Fire alarm control panels and fire alarm annunciator
panels. Installation of fire alarm control panels and fire alarm annunciator
panels shall be installed in accordance with section 907.1.4.1 through
907.1.4.5.
Section 907.1.4.1 Fire alarm panel height. Installation of fire alarm panels
shall not exceed six (6) feet in height measured from the floor to the top of
the panel.
Exception:
Panel height may be altered by the Fire Code Official.
Section 907.1.4.2 Number of fire alarm control panels in buildings.
Only one listed fire alarm control panel shall be allowed per building. The
panel shall lock in the alarm until the system is reset and shall not be
canceled by the operation of an audible – alarm silencing switch. This
control panel shall only receive alarm signals from fire protection
equipment.
Section 907.1.4.3 Combination fire/security alarm system panels. A
listed combination fire/security alarm system panel that meets all the
requirements of this code and amendments may be permitted by approval of
the Fire Code Official. The fire/security panel shall be capable of providing
a signal that can differentiate between the fire and security alarm.
Section 907.1.4.4 Password/PIN protection prohibited. Fire alarm control
panels and/or fire alarm annunciator panels that require a password/PIN to
silence an alarm/supervisory/trouble signal and/or to reset an
alarm/supervisory/trouble signal shall be prohibited.
Section 907.1.4.5 Fire alarm annunciator panels. The Fire Code Official
can require addition fire alarm annunciator panels based on the size of
building and access to the building. These panels shall meet the
requirements of 907.1.4 and 907.2.

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Section 907.2 Where required -- new buildings and structures. An

approved and addressable manual, automatic or manual and automatic fire
alarm system installed in accordance with the provisions of this code and
NFPA 72 shall be provided in new buildings and structures in accordance
with Sections 907.2.1 through 907.2.23 and provide occupant notification in
accordance with 907.10, unless other requirements are provided by another
section of this code. A minimum of one (1) manual fire alarm box shall be
provided in an approved location to initiate a fire alarm signal for fire alarm
system employing automatic fire detectors or water-flow devices. Where
other sections of this code allow elimination of fire alarm boxes due to
sprinklers, a single fire alarm box shall be installed.
Exceptions:
1. The manual fire alarm box is not required for fire alarm systems
dedicated to elevator recall control and supervisory service.
2. The manual fire alarm box is required for Group R-2
occupancies to provide a means for fire watch personnel to initiate
an alarm during a sprinkler system impairment event. The manual
fire alarm box shall not be located in an area that is accessible to
the public.
3. Multi-tenant buildings required to have a manual/automatic fire
alarms system shall install one (1) manual pull station per tenant
space.
Section 907.2.1.2 Electrical shunt for amplified sound conditions. For
Group A occupancies, having an occupant load of three hundred (300) or
more, electrical shunts shall be provided to de-energize the music or sound
systems upon fire alarm activation.
Section 907.2.11.2 Groups R-2, R-3, R-4 and I-1. Single or multiple-
station smoke alarms shall be installed and maintained in Groups R-2, R-3,
R-4 and I-1 regardless of occupant load at all of the following locations:
1. On the ceiling or wall outside of each separate sleeping area in the
immediate vicinity of bedrooms.
2. In each room used for sleeping purposes.
Exception: Single- or multiple-station smoke alarms in Group I-1
shall not be required where smoke detectors are provided in the
sleeping rooms as part of an automatic smoke detection system.
3. In each story within a dwelling unit, including basements but not
including crawl spaces and uninhabitable attics. In dwellings or dwelling
units with split levels and without an intervening door between the adjacent
levels, a smoke alarm installed on the upper level shall suffice for the
adjacent lower level provided that the lower level is less than one full story
below the upper level.
4. Supervised smoke alarms shall be installed in all common corridors and
at the top and bottom of all stairway enclosures in Groups R-2, R-4 and I-1
occupancies. In corridors, detectors shall be located within fifteen (15) feet
of the end of the corridor and in such a way that one detector is located for
each thirty (30) feet of corridor length or spaced as allowed by the code.
Section 907.5.2 Manual fire alarm boxes. Where a manual fire alarm
system is required by another section of this code, it shall be activated by
fire alarm boxes installed in accordance with Sections 907.5.2.1 through
907.5.2.5. Where in the opinion of the Fire Code Official manual fire alarm

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boxes may be used to cause false fire alarms, the Fire Code Official is
authorized to modify the requirements for manual fire alarm boxes.
Section 907.6.2.3.5 Alarm signal deactivation. Both audible and visual
appliances shall shut off when the signal silence feature is activated on the
fire alarm control panel or the fire alarm annunciator panel.
Exception:
Exterior water flow horn/strobe.
Section 907.7.3.3 Zone and address location labeling. Fire alarm and/or
annunciator panels shall have all zones and address points plainly and
permanently labeled as to their location on the outside of the panel or on an
easily readable map of the building, if no display is present.
Section 907.7.5 Monitoring. Fire alarms required by this chapter, the
International Building Code, or by the Fire Code Official, shall be
monitored by an approved UL listed Central Station service in accordance
with NFPA 72. The monitoring service shall monitor fire alarm systems to
provide for the immediate and automatic notification of the Fire
Department.
Exception: Monitoring by a supervising station is not required
for:
1. Single- and multiple-station smoke alarms required by Section
907.2.11.
2. Smoke detectors in Group I-3 occupancies.
3. Automatic sprinkler systems in one- and two-family dwellings.
4. Fire alarm systems in one- and two-family dwellings.
Section 907.7.5.1 Automatic telephone-dialing devices. Automatic
telephone-dialing devised used to transmit an emergency alarm shall not be
connected to any fire department phone number unless approved by the fire
chief. Each address point shall have an alpha/numeric descriptor location.
Alpha/numeric descriptor locations are required to be reported to the
Emergency Communications/Dispatch Center upon activation of a water-
flow tamper and/or alarm conditions as specified by the Fire Code Official.
Section 907.7.5. Existing fire alarm systems monitoring requirements.
Existing fire alarms systems that are currently not monitored by an
approved UL listed Central Station shall become monitored within 1 year
from receiving notice in accordance with section 907.7.5.
Section 907.7.5.3 Existing sprinkler systems monitoring requirements.
Existing sprinkler systems shall have all valves controlling the sprinkler
system and water flow electrically supervised and monitored by an
approved UL listed Central Station in accordance with sections 903.4 and
903.4.1 within one (1) year from receiving notice.
Section 907.10 Approved hold-open devices. When installed in buildings
that have a fire alarm system and/or sprinkler system, all approved hold
open devices shall release upon activation of a fire alarm and sprinkler
water-flow activation.
Section 910.3.2.2 Sprinklered buildings. Where installed in buildings
provided with an approved automatic sprinkler system, smoke and heat
vents shall be designed to operate automatically by actuation of a heat-

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responsive device rated at least one hundred (100) degrees F (38 degrees C)
above the operating temperature of the sprinkler.
Exception:
Gravity-operated drop-out vents complying with Section 910.3.2.1.
Section 910.4.3 Operation. Mechanical smoke exhaust fans shall be
automatically activated by heat detectors having operating characteristics
equivalent to those described in Section 910.3.2. Individual manual
controls for each fan unit shall also be provided.
Section 912.1.1 Fire Department Connection Height. The fire department
connection shall be located not less than eighteen (18) inches from the
bottom of the cap(s) and not more than three (3) feet from the top of the
cap(s) above the level of the adjacent grade or access level. Deviation from
this height may be granted by the Fire Code Official for just cause.
Section 912.3.1 Locking fire department connections caps. Locking fire
department connections caps approved by the fire department are required
for all new construction that have a water-based fire protective system and
existing structures that have a water-based fire protective system
immediately after conducting the five (5) year obstruction and maintenance
testing or if one or more of the fire department caps are missing.
Section 912.7 Size. Minimum fire department connection size shall be two
and one half inches (2 ½”) National Standard Thread.
9. Delete the following sections from Chapter 10, “Means of Egress” of the IFC
and insert in lieu thereof the following:
Section 1011.5.2 Exit sign illumination. In new construction, or if an exit
sign is replaced, exit signs shall use an LED lighting system and be
illuminated internally. Exit signs shall have a battery backup unless an on-
site generator set is used. Luminance on the face of an exit sign shall have
an intensity of not less than five (5.0) foot-candles (53.82 lux).
Section 1011.6 Combination lights. In new construction, combination exit
sign/emergency light devices shall not be allowed.
Section 1011.7 Separation of emergency lighting. In new construction,
emergency lighting shall be separated from the exit sign by a minimum of
six (6) feet.
Section 1011.8 Self-luminous and photoluminescent exit signs. Self-
luminous and photoluminescent exit signs are not allowed. Exception:
Approved self-luminous and/or photoluminescent exit may be allowed in
tents by approval of the Fire Code Official.
Section 1011.9 Self-testing exit signs and emergency lights. Exit signs
and/or emergency lights mounted higher than eight and one-half (8 ½) feet
from floor level to the bottom of the exit sign or emergency light or if the
exit sign or emergency light is mounted in a location where it cannot be
manually tested, the exit sign and/or emergency light shall be self-testing
and have a visual diagnostic indicator.
Section 1011.6 Additional exit signs. Exit signs may be required at the
discretion of the Fire Code Official to clarify an exit or exit access.
10. Delete the following section from Chapter 23, “High-Piled Combustible
Storage” of the IFC and insert in lieu thereof the following:

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Table 2306.2 General fire protection and life safety requirements.

Delete footnote “j” from the table.
11. Delete the following section from Chapter 27, “Hazardous Materials –General
Provisions” of the IFC and insert in lieu thereof the following:
Section 2703.13 Tier II reporting. Facilities reporting hazardous chemical
inventories in excess of their Threshold Planning Quantities pursuant to
Section 312 of the Emergency Planning and Community Right to Know Act
shall use an approved electronic “Emergency and Hazardous Chemical
Inventory” form or show reason to use paper forms and submit the
electronic or paper form prior to March 1 of each year.
12. Delete the following section from Chapter 33, “Explosives and Fireworks” of
Section 3301.1.3 Fireworks. The possession, manufacture, storage, sale,
handling and use of fireworks are prohibited.
Exceptions:
1. Storage and handling of fireworks as allowed in Section 3304.
2. Manufacture, assembly and testing of fireworks as allowed in
Section 3305.
3. The use of fireworks for fireworks displays as allowed in
Section 3308.
4. The possession, storage, sale, handling and use of gold star
producing sparklers on wires which contain no magnesium or
chlorate or perchlorate, flitter sparklers in paper tubes that do not
exceed one-eighth of an inch in diameter, and toy snakes which
contain no mercury or caps used in cap pistols.
13. Delete the following sections from Chapter 34, “Flammable and Combustible
Liquids” of the IFC and insert in lieu thereof the following:
Section 3404.2.9 Above-ground tanks. Above-ground storage of
flammable and combustible liquids in tanks shall comply with Section
3402.2 and Sections 3404.2.9.1. For above ground storage tanks of two
hundred seventy-six (276) gallons capacity or more, the minimum distance
between such above ground tanks and any residential zone boundary must
be at least one hundred (100) feet. If the above ground tank is located in an
approved vault, the minimum separation distance from a residential zone
boundary may be reduced to no less than fifty (50) feet.
Section 3404.2.11.2 Location. Flammable and combustible liquid storage
tanks located underground, either outside or under buildings, shall be in
accordance with all of the following:
1. Tanks shall be located with respect to existing foundations and supports
such that the loads carried by the latter cannot be transmitted to the tank.
2. The distance from any part of a tank storing liquids to the nearest wall of
a basement, pit, cellar or lot line shall not be less than three (3) feet (914
mm).
3. A minimum distance of one (1) foot (305 mm), shell to shell, shall be
maintained between underground tanks.
4. A minimum distance of ten (10) feet shall be maintained between
underground tanks and any residential zone boundary.

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Section 3404.2.13.2.4 Existing above-ground tank hazards. Existing

above-ground tank installations, even if previously approved, that are
determined to constitute a hazard by the Fire Code Official shall not be
continued in service. Unsafe tanks shall be removed as required by the Fire
Code Official and in accordance with this code.
Section 3405.5.1 Corridor installations. Where wall-mounted dispensers
containing alcohol-based hand rubs are installed in corridors, they shall be
in accordance with all of the following:
1. Level 2 and 3 aerosol containers shall not be allowed in corridors.
2. The maximum capacity of each Class I or II liquid dispenser shall be
forty-one (41) ounces (1.21 L) and the maximum capacity of each Level 1
aerosol dispenser shall be eighteen (18) ounces (0.51 kg).
3. The maximum quantity allowed in a corridor within a control area shall
be ten (10) gallons (37.85 L) or Class I or II liquids or 1135 ounces (32.2
kg) of Level 1 aerosols not to exceed, in total, the equivalent of ten(10)
gallons (37.85 L) or 1135 ounces (32.2 kg) such that the sum of the ratios of
the liquid and aerosol quantities divided by the allowable quantity of liquids
and aerosols, respectively, shall not exceed one.
4. The minimum corridor width shall be seventy-two (72) inches (1829
mm).
5. Projections into a corridor shall be in accordance with Section 1003.3.3.
6. Corridor installations are prohibited in Group-E occupancies.
14. Amend Chapter 45, “Marinas” of the IFC by inserting the following:
Section 45. Marinas. Amend the NFPA referenced standards listed to
reflect the most current NFPA editions.

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CHAPTER 165
ZONING CODE – ADMINISTRATIVE

165.01 Title 165.06 Flood Plain Development Permit
165.02 Purpose 165.07 Fees
165.03 Scope 165.08 Amendments
165.04 Permit Requirements 165.09 Good Neighbor Meeting
165.05 Certificates of Occupancy and Compliance
165.01 TITLE. The regulations contained in Chapters 165 through 173 of this Code of
Ordinances shall be known as the City of North Liberty Zoning Code, may be cited as such,
and are referred to herein as “this code.”
165.02 PURPOSE. The purpose of this code is to safeguard the health, property, and public
welfare by controlling the design, location, use, or occupancy of all buildings through the
regulated and orderly development of land and land uses within this jurisdiction.
165.03 SCOPE. The provisions of this code shall apply to the construction, alteration,
moving, repair, and use of any building, parcel of land, sign, or fence within the jurisdiction,
except work located primarily in a public way, public utility poles, and public utilities unless
specifically mentioned in this code. Where, in any specific case, different sections of this
code specify different requirements, the more restrictive shall govern. Where there is conflict
between a general requirement and a specific requirement, the specific requirement shall be
applicable. In fulfilling these purposes, this code is intended to benefit the public as a whole
and not any specific person or class of persons. Although through the implementation,
administration, and enforcement of this code, benefits and detriments will be enjoyed or
suffered by specific individuals, such is merely a byproduct of the overall benefit to the whole
community; therefore, unintentional breaches of the obligations of administration and
enforcement imposed on the jurisdiction hereby shall not be enforceable in tort.
165.04 PERMIT REQUIREMENTS.

1. Plot Plans to Accompany Building Permit Application. Each application for a
building permit shall be accompanied by a plot plan, in duplicate, drawn to scale,
showing the actual dimensions of the lot to be build upon, the size, shape, and location
of the building to be erected and such other information as may be necessary to
provide for the enforcement of this code. A record of applications and plans shall be
kept in the Code Official’s office.
2. Site Plan Requirements. Site plans, which are required for review and
approval for any use in any district or elsewhere by this code, shall comply with and
illustrate the following:
A. All site plans shall be drawn at a scale not less than one inch to one
hundred feet (1" = 100').
B. Ten (10) copies shall be submitted for a preliminary staff review.
C. Upon making any modifications required by staff, 22 copies folded to
no larger than 8½ inches by 14 inches shall be submitted with the zoning
permit application. In addition there shall be submitted three copies of a

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CHAPTER 165 ZONING CODE – ADMINISTRATIVE
reproducible quality photo reduction of the site plan, each page of a multiple
sheet submittal, on paper no larger than 8½ inches by 11 inches.
D. All site plans shall clearly illustrate the general methods of
development, design, special distribution, location, topography (both existing
and proposed), soil erosion control measures, relationship to flood overlay
zones, and such other information as necessary to show compliance with the
requirements of this code. A preliminary site plan may be submitted for
preliminary land use approval; however, the final site plan required by this
code shall be submitted, reviewed, and approved prior to the issuance of
building or construction permits.
E. The site plan shall include the following legal information:
(1) Legal property owner’s name and description of property.
(2) Applicant’s name, requested land use, and zoning.
(3) If the applicant is other than the legal owner, the applicant’s
interest shall be indicated and the legal owner’s authority to appeal
shall be certified.
F. The site plan shall clearly illustrate in color perspective and
enumerate the following information:
(1) Property boundary lines, dimensions, and total area.
(2) Contour lines at intervals of not more than five feet, City
datum. If substantial topographic change is proposed, the existing
topography shall be illustrated on a separate map and the proposed
finished topography shown on the final site plan.
(3) The availability and location of existing utilities.
(4) The proposed location, size, shape, color, and material type of
all buildings or structures.
(5) The total square feet of building floor area, both individually
and collectively.
(6) The number of dwelling units, bedrooms, offices, etc., as
required to determine special compliance.
(7) The proposed location of identification signs. An
identification sign is defined as a sign displaying the name, address,
insignia or trademark, and occupant of a building or the name of any
building on the premises. Installation shall be in accordance with the
Chapter 173 of this code.
(8) A vicinity sketch showing detailed adjacent land uses within
500 feet of the property and general existing land uses within 1,000
feet of the property.
(9) Existing buildings, right-of-way, street improvements,
utilities (overhead or underground), easements, drainage courses,
vegetation and large trees, etc.
(10) Parking areas, number of parking spaces proposed, number of
parking spaces required by this code, type of surfacing to be used, etc.

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(11) Walkways, driveways, outside lighting, walls, fences, signs,

monuments, statues and other manmade features to be used in the
landscape.
(12) Location and type of all plants, grass, trees, or ground cover
to be used in the landscape. Landscaping shall be illustrated in
elevation and color perspective with the size and exact names of
plants, shrubs, or trees to be planted clearly indicated.
(13) Walls, fences or other artificial screens to be used as buffers
shall be shown in elevation and color perspective with proposed
height and structural material to be used indicated. See Section
169.02 for the guidelines concerning landscaping.
(14) Traffic considerations, architectural themes, pedestrian
movement, etc., and all other considerations pertinent to the proposed
use may be requested for illustration or statistical purposes.
(15) The methods of compliance with all applicable flood plain
development standards and flood (overlay) districts as contained in
this code.
3. Site Plans Required. Site plans are required for the following uses:
Residential Factory-Built Park, Multi–Family Residence, Commercial, Office-
Research Park, Industrial, and Commercial RV Park. The site plan shall be reviewed
by the Commission and approved by the Council. Site plans for planned area
development classification shall require like review and approval for compliance with
the provisions of Section 165.04(2) prior to the issuance of a building permit. A final
site plan placed on file may be amended with respect to location, size, design, and
conformity of buildings and other improvements, provided that the amended site plan
conforms to the general use regulations, performance standards, and provisions of the
district in which located. Amended site plans shall be reviewed by the Commission
and approved by the Council unless said amended site plan represents a building
addition less than ten percent of the existing building area or less than 1,000 square
feet in area and does not negatively impact parking and drive areas on site. In such
cases, the amendment may be administratively approved by City Administrator. The
petitioner may, as part of the final site plan approval, be required to install public
utilities, including (but not limited to) water lines, storm sewer, sanitary sewer, street
paving, fire hydrants, and such other utilities as applicable to properly serve the
proposed plan. Where required as part of a site plan approval, utilities shall be
constructed in accordance with City construction standards as referred to in the
subdivisions ordinance for those portions within the public right-of-way and to be
dedicated to the City and may be required to be constructed to the same specifications
for those undedicated portions where said utilities may have a direct effect on the
future safety, proper functioning, and maintenance of those portions to be dedicated.
165.05 CERTIFICATES OF OCCUPANCY AND COMPLIANCE. No land shall be

occupied or used, and no building hereafter erected or structurally altered shall be occupied or
used in whole or in part, for any purpose whatsoever, until a certificate is issued by the Code
Official stating that the building and use comply with the provisions of this code and the
building and health ordinances of the City. No change of use shall be made in any building or
part thereof, now or hereafter erected or structurally altered, without the issuance of a permit
therefor by the Code Official. No permit shall be issued to make a change unless the changes

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are in conformity with the provisions of this code. Nothing in this code shall prevent the
continuance of a legally established nonconforming use, unless discontinuance is necessary
for the safety of life or property. Certificates for occupancy and compliance shall be applied
for coincidentally with the application for a building permit and shall be approved for final
inspection within ten (10) days after the lawful erection or alteration of the building is
completed. A record of all certificates shall be kept on file in the office of the Code Official,
and copies shall be furnished on request to any person having a proprietary or tenancy interest
in the building affected. No permit for excavation or for the erection or alteration of any
building shall be issued before the application has been made for certificate of occupancy and
compliance, and no building or premises shall be occupied until the permit and certificate are
issued. A certificate of occupancy shall be required of all nonconforming uses. Application
for certificate of occupancy for nonconforming uses shall be filed within 12 months after the
effective date hereof, accompanied by affidavits of proof that such nonconforming use was not
established in violation of this code or any amendments hereto.
165.06 FLOOD PLAIN DEVELOPMENT PERMIT.

1. Permit Required. A flood plain development permit issued by the Code
Official shall be secured prior to the initiation of any flood plain development,
including (but not limited to) buildings or other structures, mining, filling, grading,
paving, excavation, drilling, or any other manmade change to improved or
unimproved real estate.
2. Application for a Permit. Application for a flood plain development permit
shall be made on forms supplied by the Department of Building Safety and shall
include the following information:
A. Description of work to be covered by the permit for which application
is made.
B. A plat map, in triplicate, drawn to scale, giving the description of the
land on which the work is to be performed. The plat map shall include the
complete legal description of the property plus such other information as
deemed necessary by the Code Official to readily identify the property.
C. Indication of the use or occupancy for which the proposed work is
intended.
D. Elevation of the 100-year flood with respect to the property, and such
topographic information on the property itself as to allow the Code Official to
ascertain the level of potential flooding prior to the permit application.
E. Elevation (NL datum) of the lowest habitable floor (including
basement) of buildings and the level to which any building is to be flood-
proofed. For any building being improved or rebuilt, the estimated cost of
improvements and the market value of the building prior to the improvements
shall be noted, as well as such other information as the Code Official deems
reasonably necessary for the purpose of this code.
F. The “A” Zone classification on the FIRM for the parcel and the
elevation of the crown of the nearest street.
G. Signed approval of the Iowa Department of Natural Resources if,
within the flood plain or watercourse under its jurisdiction, any stream
straightening or a variance is proposed.

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H. Certification from a registered engineer or architect that the methods

and/or materials for structural flood proofing shall meet the requirements of
this code.
I. Plans for the flood proofing and protection of all sanitary sewer and
water lines serving the development for which the permit is sought. New or
replacement water supply systems and/or sanitary sewage systems shall be
designed to minimize or eliminate infiltration of flood waters into the system
and discharge from the system into flood waters, and on-site waste disposal
systems shall be located so as to avoid impairment or contamination.
3. Action on Permit Application. Upon receipt of the application, the Code
Official shall forward copies of the plat map and application to the City Engineer and
to the Commission. Both the City Engineer and Commission shall review and make
recommendation to the Code Official as to whether the proposed development
complies with the applicable standards and provisions of this code and good
engineering and design practices. The Code Official shall review all comments and
recommendations and shall ascertain whether the proposed development meets the
applicable provisions and standards of this code, and such official shall approve or
disapprove the application. In the case of disapproval, the Code Official shall, in
writing, supply the petitioner the specific reasons for denial. In the review process,
should information not be supplied within the original request sufficient for the Code
Official to render an accurate opinion, the petitioner shall forthwith provide such
additional information as is necessary to properly evaluate the permit application. In
the case of conditional use permits in Flood (Overlay) Districts, no permit shall be
issued except as directed by the Council. Prior to any proposed alteration or
relocation of any portion of Muddy Creek, the Code Official shall notify all adjacent
governmental jurisdictions, the Iowa Department of Natural Resources, and the
Federal Insurance Administration, and maintain a record of such notification. Flood
plain development permits issued on the basis of approved plans and applications
authorize only the use, arrangement, and construction set forth in such approved plans
and applications and no other use, arrangement, or construction. Any use,
arrangement, or construction at variance with that authorized shall be deemed a
violation of this code and shall be punishable as provided in this code. The applicant
shall be required to submit certification by a professional engineer or land surveyor, as
appropriate, registered in the State of Iowa, that the finished fill, building floor
elevations, flood proofing, and/or other flood protection measures were accomplished
in compliance with the provisions of this code prior to the use of any ground or
issuance of an occupancy permit for any structure.
4. Records. The Code Official shall maintain the following records with respect
to flood plain development permit applications:
A. A record of all development permit applications, together with all-
pertinent ancillary documents and data submitted, including permits obtained
from Federal, State, or other local government agencies as necessary.
B. A record of the elevation (in relation to mean sea level) of the lowest
habitable floor of all new or substantially improved structures, or the
elevation to which new or substantially improved structures have been flood
proofed.

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C. A record of all approved permits, appeals, and variances, together

with all other transactions and correspondence pertaining to the administration
of this code.
Annually, or as required, the Code Official shall prepare, file, and maintain records of
all reports for the Federal Insurance Administration.
165.07 FEES. A fee for services shall be charged. All fees shall be set by the City, and
schedules shall be available at the office of the Code Official. The following fees for services
and public hearings shall be charged.
Board of Adjustment Variance Hearing ............................................$ 100.00
Conditional Use Permit ....................................................................$ 250.00
Driveway Permit ...............................................................................$ 5.00
Fence Permit .....................................................................................$ 10.00
Master Sign Plan Application ...........................................................$ 100.00
Planned Area Development (PAD) Application ...............................$ 750.00
Rezoning Application .......................................................................$ 100.00
Sign Permit .......................................................................................$ 25.00
Site Plan Review Application ...........................................................$ 750.00
Zoning Certificate of Compliance Application .................................$ 10.00
165.08 AMENDMENTS. The Council may, from time to time on its own action or on
petition, after public notice and hearing as provided by law and after report by the
Commission, amend, supplement, or change the boundaries or regulations herein or
subsequently established, and such amendment shall not become effective except by the
favorable vote of a majority of all the members of the Council.
165.09 GOOD NEIGHBOR MEETING. Before a rezoning request is submitted to the

City, the applicant shall hold a Good Neighbor meeting when land is being proposed to be
rezoned.
1. The applicant is required to file an application with the City Administrator to
schedule a meeting at which the developer or applicant shall show the proposed
rezoning request to adjacent property owners, citizens, and other interested persons.
The meeting will be moderated by the City Administrator and scheduled prior to
submission of the initial rezoning application and no less than 30 days prior to the first
meeting held by the Commission to hear a rezoning request.
2. The City, at the applicant’s expense, shall send out by regular mail an
announcement to the property owners within 200 feet of the boundaries of the
property proposed to be rezoned. Said announcement will include the time, date, and
location of the meeting to discuss the rezoning proposal, which announcement will be
mailed no later than 14 days prior to the meeting. The City shall cause to be
published a notice of the meeting, at the applicant’s expense, and also post notice of
the meeting on its website, both of which shall be done at least seven days prior to the
meeting. The Commission, Mayor, and Council will be notified that a meeting will be
held to discuss the proposed rezoning request at least seven days prior to the meeting.
The required mailing and notices shall include a plain language description of the
location and boundaries of the subject property.

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3. The purpose of the meeting is to allow the abutting residents to express

various points of view regarding to the rezoning request.
4. The meeting shall be held prior to any City staff action on the rezoning
application, other than a planning conference.
5. In the event that a proposed subdivision is dependent upon the property first
being rezoned, the requirements of this section may be fulfilled by the Good Neighbor
meeting, including a presentation on both the proposed rezoning and subdivision
requests. See Section 180.09(2) of this Code of Ordinances.

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CHAPTER 166
ZONING CODE – ORGANIZATION AND

ENFORCEMENT
166.01 Powers and Duties of the Zoning Code Official 166.04 Violations
166.02 Planning Commission 166.05 Licensing
166.03 Board of Adjustment 166.06 Penalties
166.01 POWERS AND DUTIES OF THE ZONING CODE OFFICIAL.

1. General. This section establishes the duties and responsibilities for the
Zoning Code Official and other officials and agencies, with respect to the
administration of this code. The Zoning Code Official shall be referred to hereinafter
as “the Code Official.”
2. Deputies. The Code Official may appoint such number of technical officers
and other employees as may be necessary to carry out the functions of the code
enforcement agency.
3. Reviews and Approvals. The Code Official shall be authorized to undertake
reviews, make recommendations, and grant approvals as set forth in this code.
4. Comprehensive Plan. The Code Official shall assist the Commission in the
development and implementation of the comprehensive plan.
5. Administrative Reviews and Permits.
A. Review of Building Permits. All applications for building permits
shall be submitted to the Code Official for review and shall be approved prior
to permit issuance. Each application shall include a set of building plans and
all data necessary to show that the requirements of this code are met.
B. Site Plan Reviews. The Code Official shall receive all applications
for site plan review and review for completeness and prepare submittals for
review by the appropriate body.
C. Conditional Use Permits. The Code Official shall receive all
applications for conditional use, review for completeness, and prepare
submittals for review by the appropriate body.
D. Amendments. All requests for amendments or changes to the Zoning
Code or map shall be submitted to the Code Official for processing.
6. Interpretations. The interpretation and application of the provisions of this
code shall be by the Code Official. An appeal of an interpretation by the Code
Official shall be submitted to the Board of Adjustment and such interpretation shall be
considered final.
7. Liability. The Code Official, acting in good faith and without malice in the
discharge of the duties described in this code, shall not be personally liable for any
damage that may accrue to persons or property as a result of an act or by reason of an
act or omission in the discharge of such duties. A suit brought against the Code
Official or other employee because such act or omission performed by the Code

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CHAPTER 166 ZONING CODE – ORGANIZATION AND ENFORCEMENT
Official or employee in the enforcement of any provision of this code or other

pertinent laws or ordinances implemented through the enforcement of this code or
enforced by the enforcement agency shall be defended by the City until final
termination of such proceedings, and any judgment resulting therefrom shall be
assumed by the City. This code shall not be construed to relieve from or lessen the
responsibility of any person owning, operating, or controlling any building or parcel
of land for any damages to persons or property caused by defects, nor shall the
enforcement agency or the City be held as assuming any such liability by reason of the
reviews or permits issued under this code.
8. Cooperation of Other Officials and Officers. The Code Official may request,
and shall receive so far as is required in the discharge of the duties described in this
code, the assistance and cooperation of other officials of the City.
9. Applicant Standing.
A. All applicants are presumed to be in good standing with the City and
therefore have a right to submit applications in accordance with the processes
and standards set forth in this chapter. However, the City Administrator has
the authority to place any application, including (but not limited to) a rezoning
application, a conditional use application, or a site plan application, on hold
indefinitely or to withdraw any permit at any stage in the respective process
by providing written notice of the same by regular mail, in the event the
applicant has not fulfilled any significant obligations to the City with respect
to current or previous development activities within the City. For the
purposes of this section, “development activities” include activities and
actions related to preliminary plats, construction plans, developer’s
agreements, final plats, and site plans.
B. For the purposes of this section, “applicant” means any individual,
firm, corporation, association, partnership, limited liability company, or any
other business entity or proprietor of land. Any individual person or business
entity with a 5% interest or more in the ownership or development of any
particular property, whether previously approved or currently proposed, is an
“applicant” for the purpose of enforcement of this section.
C. In the event the City Administrator exercises the discretion and
authority set forth in this section by placing an application on hold or
withdrawing a permit, any applicant may appeal that decision to the Council
within 10 days of the date of the notice. The Council shall hear and decide
the appeal of the City Administrator’s decision within 30 days after the
applicant provides written notice of appeal to the City Administrator. If the
Council decides the appeal in favor of the applicant, the City Administrator
shall immediately lift the administrative hold and ensure that the application is
processed or the permit is reissued in accordance with the City’s ordinances,
processes, and procedures.
166.02 PLANNING COMMISSION.

1. General. This section addresses the duties and responsibilities of a Planning
Commission, herein referred to as the “Commission,” and other officials and agencies
with respect to the administration of this code.

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2. Establishment of the Commission. The establishment of the Commission

shall be in accordance with the policies and procedures as set forth in State law. The
Commission shall consist of seven members. Additionally, one member of the
Council may be appointed as liaison to the Commission. Such member shall have the
right to attend all meetings and take part in all discussions, but shall not vote on
Commission decisions.
3. Terms for Members. Of the seven members first appointed, two shall be
appointed for one year, two shall be appointed for two years, and three shall be
appointed for three years; thereafter, all appointments shall be for three years.
4. Selection of Members. All members shall be appointed by the Mayor, subject
to the approval of the Council. The terms of office for the Commission members shall
be staggered at intervals so as to provide continuity in policy and personnel. Members
of the Commission shall be residents of the City. Any vacancy for the unexpired term
of any member whose term is not completed shall be filled. A member shall continue
to serve until a successor has been appointed and approved.
5. Chairperson Election and Rules Adoption. The Commission shall elect from
its membership a Chairperson. It shall also establish and adopt rules for its
organization and transaction of business and shall keep a public record of its
proceedings.
6. Commission Secretary. A Secretary to assist the Commission shall be
appointed by the City Administrator. The Secretary shall keep minutes of the
Commission meetings for public record and conduct all correspondence, including the
notification of decisions. The Secretary shall also certify records. The Secretary shall
prepare and submit the minutes of Commission meetings to the Chairperson and the
Commission.
7. Duties and Powers.
A. Comprehensive Plan. It shall be the duty of the Commission, after
holding public hearings, to create and recommend to the Council a
comprehensive plan for the physical development of its jurisdiction, which
may include areas outside of the City’s boundaries which bear consideration
to the planning of the jurisdiction. The comprehensive plan shall include at
least the following elements:
 Official Maps
 Growth and Land Use
 Commercial/Industrial Uses
 Transportation and Utilities
 Community Facilities
 Housing
 Environmental
 Geologic/Natural Hazards
The Commission may also recommend amendments to the comprehensive
plan.
B. Zoning Code. It shall be the duty of the Commission to create, adopt,
and recommend to the Council a zoning code, in accordance with the
guidelines of the comprehensive plan, establishing zones within the
jurisdiction. Such a code shall be made in regard to the character of each

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district and the most appropriate use of land within the City’s jurisdiction.
The Commission shall make periodic reports and recommendations to the
Council.
C. Division of Land Regulations. It shall be the duty of the Commission
to create, adopt, and certify regulations governing the division of land. All
divisions of land shall be in accordance with the adopted regulations.
D. Conditional Use Permits. It shall be the duty of the Commission to
review and comment on conditional use permit applications. The application
shall be accompanied by maps, drawings, or other documentation in support
of the request. The granting of a conditional use permit shall not exempt the
applicant from compliance with other relevant provisions of related
ordinances.
166.03 BOARD OF ADJUSTMENT.

1. General. This section addresses the duties and responsibilities of a Board of
Adjustment, hereafter referred to as the “Board,” and other officials and agencies with
respect to the administration of this code.
2. Establishment of the Board. The establishment of the Board shall be in
accordance with the procedures and policies set forth in State law. The Board shall
consist of five members. All members of the Board shall be residents of the City.
3. Terms for Members. The terms of office for the members of the Board shall
be staggered five-year terms as set forth in State law, such that only one regular term
expires each year so as to provide continuity in policy and personnel.
4. Selection of Members. All members shall be appointed by the Mayor, subject
to the approval of the Council. Any vacancy for an unexpired term shall be filled for
the remainder of that term upon mayoral appointment and council approval of a
successor member.
5. Chairperson Election and Rules Adoption. The Board shall elect from its
membership a Chairperson. It shall also establish and adopt rules for its organization
and the transaction of business and shall keep a public record of its proceeding.
6. Board Secretary. A Secretary to assist the Board shall be appointed by the
City Administrator. The Secretary shall keep minutes of the Board meetings for
public record and conduct all correspondence, including the notification of decisions.
The Secretary shall also certify records. The Secretary shall prepare and submit the
minutes of Board meetings to the Chairperson and the Board.
7. Duties and Powers.
A. Errors. The Board shall have the power to hear and decide on appeals
where it is alleged that there is an error in any order, requirement, decision,
determination, or interpretation by the Code Official.
B. Variances. The Board shall have the power to hear and decide on
appeals wherein a variance to the terms of this code is proposed. Limitations
as to the Board’s authorization shall be as set forth in this code.
C. Conditional Uses. The Board shall review and act upon a conditional
use application based on the criteria established in Section 171.02 of this code
and in conformance with the applicable regulations in this Zoning Code.

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D. Decisions. The Zoning Ordinance is a document that lays out very

specific requirements deemed to be in the best interest of the City by the
Planning and Zoning Commission and the Council. In most cases, those
requirements must be met by property owners and developers; however, in
some rare cases the enforcement of those requirements may be found to cause
extreme hardship for an individual, and a variance may be granted. Variances
shall not be granted by the Board simply because no one objects, or because it
seems harmless in an isolated circumstance. Any variance granted shall
reflect the spirit and intent of the code and shall not constitute the granting of
a special privilege. The following variance criteria shall be utilized by the
Board in hearing variance requests. No variance shall be granted by the
Board unless affirmative findings can be made for each of the applicable
following criteria:
(1) Unique Circumstances. The subject property is unique or
exceptional as compared to other properties subject to the same
provisions by reason of:
(a) Irregularity,
(b) Narrowness,
(c) Shallowness,
(d) Substandard or marginal size;
(e) Exceptional topographical features; or
(f) Other extraordinary conditions peculiar to and
inherent in the subject property and that relate to or arise out
of the property rather than the personal situation of the
current owner of the property, and that amount to more than a
mere inconvenience to the owner.
(2) Not Exclusively for Financial Gain. The purpose of the
variance is not based exclusively upon a desire to increase financial
gain from the property. Proof that the property cannot be used for its
highest or best use under the regulations applicable to it – or that it
could be used more profitably if not subject to such regulations –
should not in itself justify granting a variance.
(3) Hardship Not Self-Created. The unique or special condition
referenced in subsection (1) above existed at the time of the
enactment of the provisions of this code that affect it, or was the
result of government action (other than adoption of the Zoning
Ordinance) for which no compensation was paid, and has not been
created by any persons presently having an interest in the property.
(4) Substantial Rights Denied. Carrying out the strict letter of the
provisions of the Zoning Ordinance would deprive the property owner
of substantial rights commonly enjoyed by other property owners
subject to the same provisions.
(5) Not Special Privilege. The hardship affecting the property is
not merely the inability of the owner or occupant to enjoy some
special privilege or additional right not available to owners or
occupants of other property subject to the same provisions.

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(6) Not Detrimental. Granting the variance will not be

detrimental to the public welfare or materially injurious to the
enjoyment, use, or development of property in the vicinity; would not
materially impair an adequate supply of light and air to adjacent
properties; would not substantially increase congestion in the public
streets, or increase the danger of flood or fire, or endanger the public
safety, or substantially diminish or impair property values in the
vicinity.
(7) No Other Remedy. There is no means other than the
requested variance by which the hardship can be avoided or remedied
to a degree sufficient to permit a reasonable use of the property.
Written findings citing each of these criteria shall be made for each case to
document the process and decision of the Board.
166.04 VIOLATIONS. It is unlawful for any person to erect, construct, enlarge, alter,
repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any
building or land or cause or permit the same to be done in violation of this code. When any
building or parcel of land regulated by this code is being used contrary to this code, the Code
Official may order such use discontinued and the structure, parcel of land, or portion thereof,
vacated by notice served on any person causing such use to be continued. Such person shall
discontinue the use within the time prescribed by the Code Official after receipt of such notice
to make the structure, parcel of land, or portions thereof, comply with the requirements of this
code.
166.05 LICENSING.
1. General. All departments, officials, and employees charged with the duty or
authority to issue permits or licenses shall issue no permit or license for uses or
purposes where the same would be in conflict with this code. Any permit or license,
if issued in conflict with this code, shall be null and void.
2. Expiration or Cancellation. Each license, permit, or approval issued shall
expire after 180 days if no work is undertaken or such use or activity is not
established, unless a different time of issuance of the license or permit is allowed in
this code, or unless an extension is granted by the issuing agency prior to expiration.
3. Failure to Comply. Failure to comply with the terms of any permit, license, or
approval may be grounds for cancellation or revocation. Action to cancel any license,
permit, or approval may be taken on proper grounds by the Code Official.
Cancellation of a permit or approval by the Commission or Board may be appealed in
the same manner as its original action.
4. Validity of Licenses, Permits, and Approvals. For the issuance of any license,
permit, or approval for which the Commission or Board is responsible, the Code
Official shall require that the development or use in question proceed only in
accordance with the terms of such license, permit, or approval, including any
requirements or conditions established as a condition of issuance. Except as
specifically provided for in this code and conditions of approval, the securing of one
required review or approval shall not exempt the recipient from the necessity of
securing any other required review or approval.

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166.06 PENALTIES. The owner or agent of a building or premises in or upon which a

violation of any provision of this code has been committed or shall exist, or the lessee or
tenant of an entire building or entire premises in or upon which violation has been committed
or shall exist, or the agent, architect, building contractor, or any other person who commits,
takes part in, or assists in any violation or who maintains any building or premises in or upon
which such violation shall exist, or who violates, disobeys, omits, neglects, or refuses to
comply with, or who resists the enforcement of any of the provisions of this code shall be
subject, upon conviction, to the provisions of Section 1.14 of this Code of Ordinances. Each
day that a violation is permitted to exist after proper notice shall constitute a separate offense.

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CHAPTER 167
ZONING CODE – DEFINITIONS
167.01 DEFINITIONS. For the purpose of this code, certain terms, phrases, words, and
their derivatives shall be construed as specified in this chapter. Where terms are not defined,
they shall have their ordinary accepted meanings within the context with which they are used.
Webster’s Third New International Dictionary of the English Language, Unabridged,
copyright 1986, shall be considered as providing ordinarily accepted meanings.
“Accessory building” means a subordinate building customarily incidental to and
located on the same lot occupied by the main use or building, such as a detached
garage.
“Accessory living quarters” means an accessory building used solely as the temporary
dwelling of guests of the occupants of the premises, such dwelling having no kitchen
facilities and not rented or otherwise used as a separate dwelling unit.
“Accessory use” means a use conducted on the same lot as the primary use of the
structure to which it is related; a use which is clearly incidental to and customarily
found in connection with, such primary use.
“Acreage, gross” means the overall total area.
“Acreage, net” means the remaining area after all deductions are made; with
deductions including streets, easements for access, and street dedications.
“Agriculture” means the tilling of the soil, raising of crops, animals, horticulture,
gardening, and bee keeping.
“Alley” means any public or private way which affords only a secondary means of
access to abutting property.
“Alteration” means any change, addition, or modification in construction, occupancy,
or use.
“Amusement center” means an establishment offering five or more amusement
devices, including, but not limited to, coin-operated electronic games, shooting
gallery, table games, and similar recreational diversions within an enclosed building.
“Apartment house” means a living unit in a multiple dwelling.
“Automotive repair, major” means an establishment primarily engaged in the repair or
maintenance of motor vehicles, trailers, and similar large mechanical equipment,
including paint, body and fender, and major engine and engine part overhaul, provided
such work is conducted within a completely enclosed building.
“Automotive repair, minor” means an establishment primarily engaged in the repair or
maintenance of motor vehicles, trailers, and similar mechanical equipment, including
brake, muffler, upholstery work, tire repair and change, lubrication, tune ups and
transmission work, provided such work is conducted within a completely enclosed
building.
“Automotive self-service station” means that portion of property where flammable or
combustible liquids or gases used as fuel are stored and dispersed from fixed

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CHAPTER 167 ZONING CODE – DEFINITIONS
equipment into the fuel tanks of motor vehicles. Such an establishment may offer for
sale at retail other convenience items as a clearly secondary activity and may also
include a freestanding automatic car wash.
“Automotive service station” means that portion of property where flammable or
combustible liquids or gases used as fuel are stored and dispersed from fixed
equipment into the fuel tanks of motor vehicles. Accessory activities may include
automotive repair and maintenance, car wash service, and food sales.
“Awning” means a shelter supported entirely from the exterior wall of a building.
“Basement” means any floor level below the first story in a building, except that a
floor level in a building having only one floor level shall be classified as a basement
unless such floor level qualifies as a first story as defined herein.
“Bed and breakfast facility” means a limited commercial activity, occurring within
any zone, conducted within a structure, which includes dining and bathroom facilities
with sleeping rooms for short-term guest lodging.
“Block” means land or a group of lots surrounded by streets or other rights-of-way,
other than an alley, or land which is designated as a block on any recorded subdivision
tract.
“Board” means the Board of Adjustment established pursuant to Section 166.03 of
this code.
“Boarding house” means a dwelling containing a single dwelling unit and not more
than 10 guest rooms or suites of rooms, where lodging is provided with or without
meals, for compensation for more than one week.
“Build” means to construct, assemble, erect, convert, enlarge, reconstruct, or
structurally alter a building or structure.
“Buildable width” means the distance between the required side yard lines of a lot.
“Building” means any structure used or intended for supporting or sheltering any use
or occupancy.
“Building height” means the vertical distance from the grade to the highest point of
the coping of a flat roof or the deck line of a mansard roof, or to the average height
between eaves and ridge for gable, hip, and gambrel roofs.
“Building line” means the perimeter of that portion of a building or structure nearest a
property line, but excluding open steps, terraces, cornices, and other ornamental
features projecting from the walls of the building or structure.
“Building, main” means a building in which the principal use of the site is conducted.
“Building, temporary” means a building used temporarily for the storage of
construction materials and equipment incidental and necessary to on-site permitted
construction of utilities, or other community facilities, or used temporarily in
conjunction with the sale of property within a subdivision under construction.
“Business or financial services” means an establishment intended for the conduct or
service or administration by a commercial enterprise, or offices for the conduct of
professional or business service.
“Canopy” means a roofed structure constructed of fabric or other material supported
by the building or by support extending to the ground directly under the canopy

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placed so as to extend outward from the building providing a protective shield for
doors, windows, and other openings.
“Carport” means a roofed structure open on at least two sides and used for the storage
of private or pleasure-type vehicles.
“Clinic” means an establishment occupied by one or more members of the healing
profession. Clinics shall not be construed to include hospitals, nursing homes,
sanitariums, or similar institutions.
“Clinic, small animal” means an establishment where the prevention and treatment of
diseases and injuries in small domestic animals is carried out by a licensed
veterinarian. For the purpose of this chapter, this does not include a kennel or any
establishment in which animals are boarded, except for emergency treatment not to
exceed 48 hours.
“Code Official” means the official designated by the Council to enforce this code or
any designated representative of the Code Official.
“Commercial parking garage” means a building, other than a private garage, used for
the parking of automobiles with or without a fee.
“Commercial retail sales and services” means establishments that engage in the sale of
general retail goods and accessory services. Businesses within this definition include
those that conduct sales and storage entirely within an enclosed structure (with the
exception of occasional outdoor “sidewalk” promotions) and specializing in the sale
of either general merchandise or convenience goods.
“Commercial school” means a school establishment to provide for the teaching of
industrial, clerical, managerial, or artistic skills. This definition applies to schools that
are owned and operated privately for profit and that do not offer a complete
educational curriculum (e.g., beauty school, modeling school).
“Commission” means the Planning and Zoning Commission of the City.
“Community signs” means temporary, on- or off-premises signs, generally made of a
woven material or durable synthetic materials primarily attached to or hung from light
poles or on buildings. These signs are solely of a decorative, festive, and/or
informative nature announcing activities, promotions, or events with seasonal or
traditional themes having broad community interest, and which are sponsored or
supported by a jurisdiction-based, non-profit organization.
“Comprehensive plan” means the declaration of purposes, policies, and programs for
the development of the jurisdiction, and may also be referred to as the general plan.
“Conditional use” means a use which would become harmonious or compatible with
neighboring uses through the application and maintenance of qualifying conditions.
“Condominium” means a single dwelling unit in a multi-unit dwelling or structure,
which is separately owned and which may be combined with an undivided interest in
the common areas and facilities of the property.
“Congregate residence” means any building or portion thereof which contains
facilities for living, sleeping, and sanitation as required by this code, and may include
facilities for eating and cooking, for occupancy by other than a family. A congregate
residence may be a shelter, convent, monastery, dormitory, fraternity, or sorority
house, but does not include jails, hospitals, nursing homes, hotels, or lodging houses.

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“Convalescent center” means a facility that is publicly or privately operated and

intended for long-term patient care due to human illness or infirmity, including the
elderly and developmentally disabled, normally employing the services of skilled and
licensed practitioners, excluding hospitals.
“Corn wet milling process” means the method of producing unmodified corn starch by
separating the corn kernel by use of a process which takes place when the corn is in a
water suspension, known as steeping, as distinguished from the dry process where the
corn is ground into meal prior to the fermentation process.
“Corner visual clearance” refers to the requirement that in all districts nothing shall be
erected, placed, planted, or allowed to grow on a corner lot in such a manner as to
significantly impede vision between a height of three feet above the centerline street
grades of the area described as follows: that triangular-shaped area bounded by the
street or road right-of-way line of a corner lot or tract and a straight line joining points
on said right-of-way lines, 25 feet from said corner.
“Court” means a space, open and unobstructed to the sky, located at or above grade
level on a lot and bounded on three or more sides by walls of a building.
“Custodial home” means any institution, place, building, or agency providing for a
period exceeding 24 consecutive hours’ accommodation, board, personal assistance,
and other essential daily living activities to three or more individuals, not related to
the administrator or owner thereof within the third degree of consanguinity, who by
reason of illness, disease, or physical or mental infirmity are unable to sufficiently or
properly care for themselves but who do not require the services of a registered or
licensed practical nurse except on an emergency basis.
“Dance hall, discotheque” means an establishment intended primarily for dancing and
entertainment within an enclosed building, using either live or electronically produced
music, either open to the public or operated as a private club open to members only.
“Daycare, family” means the keeping for part-time care and/or instruction, whether or
not for compensation, of five or fewer persons at any one time within a dwelling, not
including members of the family residing on the premises.
“Daycare, group” means an establishment for the care and/or instruction, whether or
not for compensation, of six or more persons at any one time. Child nurseries and
preschool facilities are included in this definition.
“Density” means the number of dwelling units which are allowed on an area of land,
which area of land may include dedicated streets contained within the development.
“District” means a part, zone, or geographic area within the City or under its
extraterritorial jurisdiction within which certain zoning or development regulations
apply.
“Driveway” means a private access road, the use of which is limited to persons
residing, employed, or otherwise using or visiting the parcel in which it is located.
“Dwelling, duplex” means a building designed or arranged to be occupied by two
families living independently, the structure having only two dwelling units.
“Dwelling, multiple-unit” means a building or portion thereof designed for occupancy
by three or more families living independently in which they may or may not share
common entrances and/or other spaces. Individual dwelling units may be owned as
condominiums, or offered for rent.

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“Dwelling, planned group” means two or more detached buildings used as dwelling
units located on a lot that is in single ownership having yards, courts, or facilities in
common.
“Dwelling, single-family” means a detached dwelling unit with kitchen and sleeping
facilities, designed for occupancy by one family.
“Dwelling unit” means any building or portion thereof which contains living facilities,
including provisions for sleeping, eating, cooking, and sanitation, as required by this
code, for not more than one family, or a congregate residence for six or fewer persons.
A dwelling unit shall have a minimum width of 20 feet over 75 percent of its length
and a minimum roof pitch of 4:12.
“Easement” means that portion of a lot or lots reserved for present or future use by a
person or agency other than the legal fee owners of the property. The easement may
be for use under, on, or above said lot or lots.
“Face of building, primary” means the wall of a building fronting on a street or right-
of-way, excluding any appurtenances such as projecting fins, columns, pilasters,
canopies, marquees, showcases, or decorations.
“Factory-built home park” means a site containing spaces with required improvements
and utilities that are leased for the long-term placement of manufactured houses or
mobile homes and that may include services and facilities for the residents. The
conversion of said mobile home park to a manufactured housing subdivision is not
specifically precluded by this code, provided that all mobile home units either be
relocated or converted to manufactured housing as real property.
“Factory-built structure” means any structure which is, wholly or in substantial part,
made, fabricated, formed, or assembled in manufacturing facilities for installation or
assembly and installation, on a building site.
“Family” means one person or two or more persons related by blood, marriage,
adoption, or placement by a governmental social service agency, occupying a living
unit as an individual housekeeping organization. A family may also be two (but not
more than two) persons not related by blood, marriage, or adoption.
“Family home” means a community-based home which is licensed as a residential
care facility or as a child foster care facility under chapters 135C and 237,
respectively, of the Code of Iowa, to provide services including, but not limited to,
room and board, personal assistance, training, treatment, and supervision in a family
environment exclusively for not more than eight developmentally disabled persons
and any necessary support personnel. However, a new family home shall not be
located within one-fourth of a mile from another family home.
“Farm” means an area with a minimum size of ten acres which is used for the growing
of the usual farm products as vegetables, fruits, and grain and their storage on the
area, as well as for the raising thereon of the usual farm poultry and farm animals.
“Farm animals” means animals other than household pets that may, where permitted,
be kept and maintained for commercial production and sale and/or family food
production, education, or recreation. Farm animals are identified by these categories:
large animals (e.g., horses and cattle); medium animals (e.g., sheep, goats); or small
animals (e.g., rabbits, chinchilla, chickens, turkeys, pheasants, geese, ducks and
pigeons).

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“Farming” includes the operation of such farm area for one or more of the uses
provided in Section 168.01 with the necessary accessory uses for treating or storing
the food produce; provided, however, the operation of any such accessory uses shall
be secondary to that of the normal farming activities and such accessory uses do not
include the feeding of garbage or offal to swine or other animals.
“Floor area, gross” means the sum of the horizontal areas of floors of a building
measured from the exterior face of exterior walls or, if appropriate, from the centerline
of dividing walls; this includes courts and decks or porches when covered by a roof.
“Floor area, net” means the gross floor area exclusive of vents, shafts, courts,
elevators, stairways, exterior walls and similar facilities.
“Floor area, ratio” means is the numerical value obtained by dividing the gross floor
area of a building by the area of the lot on which the building is constructed.
“Frontage” means the distance along a street line from one intersecting street to
another, or from one intersecting street to the end of a dead-end street.
“Garage, private” means a building or a portion of a building, not more than 1,000
square feet in area, in which only private or pleasure-type motor vehicles used by the
tenants of the building or buildings on the premises are stored or kept.
“Garage, public” means any building or premises used for equipping, repairing,
hiring, selling, or storing motor-driven vehicles, and at which motor vehicle fuels,
oils, tires, and supplies may be sold.
“General plan” means the declaration of purposes, policies, and programs for the
development of the jurisdiction, and may also be referred to as the comprehensive
plan.
“Grade” means the average level of the finished surface of the ground adjacent to the
exterior walls of those buildings more than five feet from a street line. For buildings
closer than five feet to a street line, the grade is the sidewalk elevation at the center of
the building. If there is more than one street, an average sidewalk elevation is to be
used. If there is no sidewalk, the City shall establish the grade.
“Graffiti” means unauthorized marking on a structure.
“Gross leasable area” (GLA) is the total floor area of a commercial building designed
for tenant occupancy and exclusive use, including basements, mezzanines and upper
floors, expressed in square feet (m2), as measured from the centerline of joint
partitions and from outside wall faces.
“Group care facility” means a facility, required to be licensed by the State, which
provides training, care, supervision, treatment, and/or rehabilitation to the aged,
disabled, those convicted of crimes, or those suffering the effects of drugs or alcohol;
this does not include daycare centers, family daycare homes, foster homes, schools,
hospitals, jails, or prisons.
“Guestroom” means any room or rooms used or intended to be used by a guest for
sleeping purposes. Every 100 square feet (9.3 m2) of superficial floor area in a
dormitory shall be considered to be a guestroom.
“Habitable space” (room) means space in a structure for living, sleeping, eating, or
cooking. Bathrooms, toilet compartments, closets, halls, storage, or utility space, and
similar areas are not considered habitable space.

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“Home occupation” is an occupation or a profession which is conducted in a dwelling

unit or in a conforming accessory building to a dwelling unit; and which is conducted
by a member of the family residing in the dwelling unit, with no more than two
employees; and which is clearly incidental and secondary to the use of the dwelling
unit for residential purposes.
“Hospital” means an institution designed for the diagnosis, treatment, and care of
human illness or infirmity and providing health services, primarily for inpatients, and
including as related facilities, laboratories, outpatient departments, training facilities,
and staff offices, but not including clinics or health-care centers.
“Household pets” means dogs, cats, rabbits, and birds, for family use only
(noncommercial) with cages, pens, etc.
“Industrial or research park” means a tract of land developed according to a master
site plan for the use of a subdivision of industries and their related commercial uses,
and that is of sufficient size and physical improvement to protect surrounding areas
and the general community and to ensure a harmonious integration into the
neighborhood.
“Junkyard” means an area where waste, discarded, or salvaged materials are bought,
sold, exchanged, baled or packed, disassembled or assembled, stored, or handled,
including places for the dismantling or “wrecking” of vehicles or machinery, house-
wrecking yards, used lumberyards, and places for storage of salvaged house-wrecking
and structural steel materials and equipment.
“Kennel” means an establishment where dogs and/or cats are boarded for
compensation or where dogs and/or cats are bred or raised for sale purposes.
“Kitchen” means any room or portion of a room within a building designed and
intended to be used for the cooking or preparation of food.
“Landscaping” means the finishing and adornment of unpaved yard areas. Materials
and treatment generally include naturally growing elements such as grass, trees,
shrubs, and flowers. This treatment may also include the use of logs, rocks, fountains,
water features, and contouring of the earth.
“Limousine” means a motor vehicle with a passenger rated capacity of more than
three, exclusive of the driver, and not regulated by the Office of Motor and Carrier
Services of the Iowa Department of Transportation, including but not limited to
standard size limo, and stretch limos or a motor vehicle, with a passenger rate capacity
of more than 16, including the driver, and regulated by the Office of Motor and
Carrier Services of the Iowa Department of Transportation to include only stretch
limos. The vehicle and driver are engaged in transportation of passengers for hire in a
limousine service. The vehicle shall be operated on a fixed route or have reservations
24 hours in advance for their service, operate without a meter installed in the vehicle,
and charge for services on an hourly basis or longer periods of time with a minimum
of one hour requirement.
“Livestock” means one or more domestic animals of species bred or kept for
production of food or fiber, for use as draft animals, or for riding.
“Living unit” means the room or rooms occupied by a family. A living unit must
include a kitchen.

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“Lodging house” means a dwelling containing not more than one living unit, where
lodging with or without meals is provided for compensation to one or more persons,
but not more than 30 persons at one time.
“Lot” means a parcel of land, adequate for occupancy by a use permitted under this
chapter, which provides the yards, area, and off-street parking required under this
code and which fronts directly upon a public street or upon an officially approved
place.
“Lot, corner” means a lot abutting on two intersecting or intercepting streets, where
the interior angle of intersection or interception does not exceed 135 degrees.
“Lot, depth” means the mean horizontal distance between the front and rear lot line.
“Lot, flag” means a lot so shaped and designed that the main building site area is set
back from the street on which it fronts and includes an access strip connecting the
main building site with the frontage street.
“Lot, interior” means a lot other than a corner lot.
“Lot, irregular” means a lot whose opposing property lines are generally not parallel,
such as a pie-shaped lot on a cul-de-sac, or where the side property lines are not
parallel to each other.
“Lot width” is the width of a lot at the front yard line.
“Main building” means the building occupied by the primary use.
“Manufactured home” means a factory-built, single-family structure, which is
manufactured or constructed under authority of 42 U.S.C. Sec. 5403, Federal
Manufactured Home Construction and Safety Standards, and is to be used as a place
for human habitation, but which is not constructed with a permanent hitch or other
device allowing it to be moved other than for the purpose of moving to a permanent
site and which does not have permanently attached to its body or frame any wheels or
axles. A mobile home is not a manufactured home unless it has been converted to real
property and is taxed as a site-built dwelling. For the purpose of this code, a
manufactured home is considered the same as any site-built, single-family detached
dwelling.
“Mobile home” means any vehicle without motive power used or so manufactured or
constructed as to permit its being used as a conveyance upon the public streets and
highways and so designed, constructed, or reconstructed as will permit the vehicle to
be used as a place for human habitation by one or more persons; but also includes any
such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile
home is not built to a mandatory building code, contains no state or federal seals, and
was built before June 15, 1976.
“Modular home” means a factory-built home, other than a manufactured home, which
meets all of the following requirements:
Is designed only for erection or installation on a site-built permanent
foundation;
Is not designed to be moved once so erected or installed;
Is designed and manufactured to comply with a nationally recognized model
building code or an equivalent local code, or with a State or local modular

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building code recognized as generally equivalent to building codes for site-

built housing; or
To the manufacturer’s knowledge, is not intended to be used other than on a
site-built permanent foundation.
“Mortuary” (funeral home) means an establishment in which the deceased are
prepared for burial or cremation. The facility may include a chapel for the conduct of
funeral services and spaces for funeral services and informal gatherings and/or display
of funeral equipment.
“Motel” (hotel) means any building containing six or more guestrooms intended or
designed to be used or which are used, rented, or hired out to be occupied, or which
are occupied for sleeping purposes by guests.
“Natural waterways” means those areas, varying in width along streams, creeks,
springs, gullies, or washes, which are natural drainage channels as determined and
identified by the City.
“Nonconforming building” means a building or structure or portion thereof lawfully
existing at the time this code became effective, which was designed, erected, or
structurally altered for a use that does not conform to the zoning regulations of the
district in which it is located.
“Nonconforming lot” means a lot whose width, area, or other dimension did not
conform to the regulations when this code became effective.
“Nonconforming sign” means a sign or sign structure or portion thereof lawfully
existing at the time this code became effective, which does not now conform.
“Nonconforming use” – see “use, nonconforming.”
“Nursery farm” means an area used for the growing and handling of nursery stock for
resale.
“Open space” means land areas that are not occupied by buildings, structures, parking
areas, streets, alleys, or required yards. Open space may be devoted to landscaping,
preservation of natural features, patios, and recreational areas and facilities.
“Outdoor eating accessory use” means an area containing tables, benches, counters,
equipment for food and beverage preparation, serving and dispensing, and any similar
facilities as an integral part of a permanent and full-time restaurant or other business
that includes inside restaurant facilities, and is under common ownership with the
principal business. Outdoor eating accessory uses are considered for approval through
the conditional use and Council-approved site plan processes. An outdoor eating
accessory use is distinguished from an outdoor eating temporary use by its permanent
nature and its common ownership with the associated restaurant.
“Owner” means the person who holds the fee simple title to the property, and the
person or persons who have acquired any interest in the property by contract or
purchase or otherwise.
“Park” means a public or private area of land, with or without buildings, intended for
outdoor active or passive recreational uses.
“Park and ride facilities” means parking lots or structures located along public transit
routes designed to encourage transfer from private automobile to mass transit or to
encourage carpooling for purposes of commuting, or for access to recreation areas.

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“Parking lot” means an open area, other than a street, used for the parking of vehicles
in accordance with Chapter 169.
“Parking space” means a space which is intended for off-street vehicular parking and
is constructed in accordance with Chapter 169.
“Person” means a natural person, heirs, executors, administrators, or assigns, and also
includes a firm, partnership, corporation or association, its or their successors or
assigns, or the agent of any of the aforesaid.
“Pet animal boarding facilities” means a facility that cares for or houses pet animals
such as dogs, cats, and similar small animals in the absence of the owner and receives
compensation for said services. It includes animal shelters, pet hotels, dog daycare
centers, obedience school training, sitting services, pet clipping and pedicure, but not
veterinary services. Some activities are anticipated to occur outdoors.
“Place of worship” means a building, structure, or group of buildings which by design
and construction are primarily intended for the conducting of formal religious services
by an organization having been granted an exemption from Federal tax as a nonprofit
religious organization.
“Planned area development” (PAD) means a development guided by a total design
plan in which one or more of the zoning or subdivision regulations, other than use
regulations, may be waived or varied to allow flexibility and creativity in site and
building design and location, in accordance with general guidelines.
“Plot plan” means a plat of a lot, drawn to scale, showing the actual measurements,
the size and location of any existing buildings or buildings to be erected, the location
of the lot in relation to abutting streets, and other such information.
“Premises” means the land, together with any buildings or structures thereon.
“Principal use” means the primary use of the premises or the primary use of the main
building.
“Public dump grounds” means areas owned and operated by the City for disposal of
waste matter and related material.
“Public improvement” means work within dedicated rights-of-way or easements.
“Public services” means uses operated by a unit of government to serve public needs,
such as police (with or without jail), fire service, ambulance, judicial court or
government offices, but not including public utility stations or maintenance facilities.
“Public utility station” means a structure or facility used by a public or quasi-public
utility agency to store, distribute, generate electricity, gas, telecommunications, and
related equipment, or to pump or chemically treat water. This does not include
storage or treatment of sewage, solid waste, or hazardous waste.
“Public way” means any street, alley, or similar parcel of land essentially
unobstructed from the ground to the sky, which is deeded, dedicated, or otherwise
permanently appropriated to the public for public use.
“Quasi-public” essentially means a public use, although under private ownership or
control.
“Quorum” means a majority of the authorized members of a board or commission.

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“Radio and television stations” means and includes any transmitting or receiving
station including a cable communications system as defined in Chapter 116 of this
Code of Ordinances.
“Recreation, indoor” means an establishment providing completely enclosed
recreation activities. Accessory uses may include the preparation and serving of food
and/or the sale of equipment related to the enclosed uses. Included in this definition
are bowling, roller-skating or ice skating, billiards, pool, motion picture theaters, and
related amusements.
“Recreation, outdoor” means an area free of buildings except for restrooms, dressing
rooms, equipment storage, maintenance buildings, open-air pavilions, and similar
structures, used primarily for recreational activities.
“Recreational vehicle” means a vehicular unit which is designed as a temporary
dwelling for travel, recreational and vacation use, and which is either self-propelled or
mounted on or pulled by another vehicle. Examples include, but are not limited to, a
travel trailer, camping trailer, truck camper, motor home, fifth-wheel trailer, or van.
“Recreational vehicle park” means any lot or parcel of land upon which two or more
recreational vehicle sites are located, established, or maintained for occupancy for a
fee by recreational vehicles of the general public as temporary living quarters for
recreation or vacation purposes.
“Recycling facility” means any use whose primary use is the operation, sorting, and
disposing of recycling materials in a fully enclosed structure, whose materials are
stored, brought, sold, accumulated, exchanged, packaged, disassembled or handled,
including, but not limited to, tin, aluminum, paper, plastic, glass and other such
materials. The facility may not store materials outside, except in compliance with this
code.
“Rehabilitation center” (halfway house) means an establishment whose primary
purpose is the rehabilitation of persons. Such services include drug and alcohol
rehabilitation, assistance to emotionally and mentally disturbed persons, and halfway
houses for prison parolees and juveniles.
“Religious, cultural and fraternal activity” means a use or building owned or
maintained by organized religious organizations or nonprofit associations for social,
civic, or philanthropic purposes, or the purpose for which persons regularly assemble
for worship.
“Renovation” means interior or exterior remodeling of a structure, other than ordinary
repair.
“Restaurant” means an establishment which provides food for on-premises
consumption.
“Restaurant, drive-in” means a restaurant which serves food to customers seated in
vehicles.
“Retail sales” means establishments engaged in selling goods or merchandise to the
general public for personal or household consumption and rendering services
incidental to the sale of such goods.
“Salvage yard” means any location whose primary use is where waste or scrap
materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled,

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or handled, including (but not limited to) materials such as scrap metals, paper, rags,
tires, and bottles.
“Separate tract” means a parcel of land or a group of contiguous parcels of land under
one ownership on June 5, 1967.
“Service establishment” means any establishment whose primary activity is the
provision of assistance (as opposed to products) to individuals, business, industry,
government, and other enterprises.
“Setback” means the minimum required distance between the property line and the
building line.
“Sign” means an advertising message, announcement, declaration, demonstration,
display, illustration, insignia, surface, or space erected or maintained in view of the
observer thereof for identification, advertisement, or promotion of the interests of any
person, entity, product or service, including the sign structure, supports, lighting
system, and any attachments, ornaments, or other features used to draw the attention
of observers.
“Site plan” means a plan which outlines the use and development of any tract of land.
“Story” means the part of a building included between the surface of any floor and the
surface of the next floor above it, or to a ceiling above it, if there is no floor above.
“Story, half” means a space under a sloping roof all of which space must be at least
three feet high, but not more than 60 percent of which floor area may be finished off
for use.
“Street” means any vehicular way that: (i) is an existing State, County, or municipal
roadway; (ii) is shown upon a plat approved pursuant to law; (iii) is approved by other
official action; or (iv) is shown on a plat duly filed and recorded in the office of the
County recording officer prior to the appointment of a planning board and the grant to
such board of the power to review plats. A street includes the land between the street
lines whether improved or unimproved.
“Street, private” means a right-of-way or easement in private ownership, not dedicated
or maintained as a public street, which affords the principal means of access to two or
more sites.
“Structure” means that which is built or constructed, an edifice or building of any
kind, or any piece of work artificially built up or composed of parts joined together in
some definite manner.
“Subdivision” means the division of a tract, lot or parcel of land into two or more lots,
plats, sites or other divisions of land.
“Swimming pool” means any structure intended for swimming or recreational bathing
that contains water over 24 inches (610 mm) deep. This includes in-ground,
aboveground, and on-ground swimming pools, hot tubs, and spas.
“Tattoo establishment” means the permanent building where tattooing is practiced.
“Tattooing” means to puncture the skin of a person with a needle and insert indelible
permanent colors through the puncture to leave permanent marks or designs.
“Temporary portable storage container” is a large container designed and rented or
leased for the temporary storage of commercial, industrial, or residential household
goods, that does not contain a foundation or wheels for movement. Examples of this

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use include piggyback containers that can be transported by mounting on a chassis,

and “POD-type” boxes that can be transported on a flatbed or other truck, but do not
include prefabricated sheds that are not designed for transport after erection or
commercial trailers used by construction companies or other uses in the regular
performance of their businesses. Temporary portable storage containers, except those
included in temporary construction permits, are subject to the provisions of Section
171.03 – Temporary Use Permit.
“Theater” means a building used primarily for the presentation of live stage
productions, performances, or motion pictures.
“Use” means the activity occurring on a lot or parcel for which land or a building is
arranged, designed, or intended, or for which land or a building is or may be occupied,
including all accessory uses.
“Use, change of” means the change within the classified use of a structure or
premises.
“Use, nonconforming” means a use which lawfully occupied a building or land at the
time this code became effective, which has been lawfully continued and which does
not now conform with the use regulations.
“Use, temporary” means a use that is authorized by this code to be conducted for a
fixed period of time. Temporary uses are characterized by such activities as the sale
of agricultural products, contractors’ offices and equipment sheds, fireworks,
carnivals, flea markets, and garage sales.
“Utility and service uses” means essential services necessary to protect the public
safety and welfare, including public and private utilities, railroads, and other similar
uses that because of operational characteristics are required to be located within
various areas of the community; but not including sanitary landfills, transfer facilities,
composting facilities, or any type of power generating stations regardless of size.
Establishment of utility and service uses requires approval of a site plan, which may
be approved subject to buffer yard, screening, or other compatibility requirements in
addition to those found in the underlying zoning district.
“Variance” means the means by which an adjustment is made in the application of the
specific regulations of a zoning ordinance to a particular piece of property, which
property, because of special circumstances applicable to it, is deprived of privileges
commonly enjoyed by other properties in the same vicinity and zone, and which
adjustment remedies disparity in privileges.
“Warehouse, wholesale or storage” means a building or premises in which
merchandise, equipment, or goods are stored for eventual distribution.
“Wrecking yard” means any place where damaged, inoperable, or obsolete machinery
such as cars, trucks and trailers, or parts thereof, are stored, bought, sold,
accumulated, exchanged, disassembled, or handled.
“Yard” means a required area on a lot unoccupied by structures above grade except
for projections and the specific minor uses or structures allowed in such area under the
provisions of this code. A yard extends from the ground upward.
“Yard, front” means the area across a lot bounded by the front lot line, the front yard
line, and the side lot lines.

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“Yard line, front” is a line from one side lot line to another side lot line, parallel to the
street, and as far back from the street as required in this code for the front yard. On a
corner lot, the front yard line is required along both streets.
“Yard line, rear” means a line parallel to the rear lot line and as far forward from the
rear lot line as required by this code.
“Yard line, side” means a line parallel to the side lot line and as far from the side lot
line as required by this code.
“Yard, rear” means the required area from one side lot line to another side lot line and
between the rear yard line and the rear lot line bounded by the rear lot line, the rear
yard line, and the side lot lines.
“Yard, side” means the required area from the front yard line to the rear yard line and
from the side yard line to the side lot line.
“Zero lot line development” means single-family dwellings arranged on individual
lots as either detached structures with one or more side walls on a side property line.
“Zone” means a section or sections of the City in which the regulations set out in this
code are uniform. See specific district regulations (Chapter 168) for the use of land
and buildings within, above, or below the zone.
“Zoning map” means the map delineating the boundaries of zones which, along with
the zoning text, comprises the zoning ordinance. †
†
EDITOR’S NOTE: See Editor’s Note at the end of this chapter for ordinances amending the zoning
map.

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EDITOR’S NOTE
Ordinance No. 07-02, adopting the Official Zoning Map on April 24, 2007, and the following
ordinances which have been adopted amending the Official Zoning Map have not been included
as a part of this Code of Ordinances but have been specifically saved from repeal and are in full
force and effect.
07-04 7-10-07
07-05 7-10-07
07-06 7-10-07
07-07 7-10-07
07-08 4-24-07
07-09 4-24-07
07-10 4-24-07
07-11 7-10-07
07-12 4-24-07
07-24 5-13-08
08-04 3-11-08
08-05 3-11-08
08-06 3-11-08
08-07 3-11-08
08-12 4-8-08
08-22 8-12-08
08-23 8-12-08
08-24 8-12-08
08-25 8-12-08
09-02 2-24-09
09-03 4-14-09
09-08 7-28-09
09-10 9-22-09
10-01 3-23-10
10-03 5-11-10
10-04 7-13-10

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CHAPTER 168
ZONING CODE – ZONING DISTRICT REGULATIONS

168.01 ID Zone – Interim Development District 168.08 C-RV Zones – Commercial Recreational Vehicle
168.02 RS Zones – Single-Family Residence Districts District
168.03 RD Zones – Two-Family Residence Districts 168.09 I Zones – Industrial Districts
168.04 RM Zones – Multi-Family Residence Districts 168.10 P Zones – Public Use Districts
168.05 R-FB Zones – Residential Factory-Built 168.11 OFP Zone – Floodplain Overlay District
Housing Park Districts 168.12 PAD Zone – Planned Area Development Overlay
168.06 C Zones – Commercial Districts District
168.07 O/RP Zones – Office and Research Park Districts 168.13 OPS Zone – Penn Street Overlay District
168.01 ID ZONE – INTERIM DEVELOPMENT DISTRICT. The Interim Development

District is intended to preserve existing agriculture and other non-intensive uses to prevent
premature development and non-orderly encroachment of higher intensity urban uses, and to
help guide urban growth into suitable areas.
1. Use Regulations. Principal, accessory, and conditional uses permitted in the
ID Zone – Interim Development District are as prescribed in Table 168.01-A.
TABLE 168.01-A – ID ZONE USES

P = Permitted, C = Conditional, A = Accessory, N/A = Not Allowed
Land Use Notes
Animal Feeding Operations, Non- See definition of “Animal Feeding Operations,
P
confinement Confinement”
Confined animal feeding operation is a lot or facility,
together with any associated treatment works, where
Animal Feeding Operations,
C animals are raised within buildings, corrals, or pens
Confinement
during all stages of production, and without significant
time grazing on natural vegetation.
Communications Towers A 45 feet maximum height
Community Buildings P
Except miniature golf courses and commercial driving
Country Clubs P
ranges
Keeping of Small Animals Directly
P Maximum four animals
Related to Agricultural Operations
Emergency Shelters A
Family Homes P
The business of cultivating soil, producing crops, and
Farming P
raising animals.
Outbuildings, including barns, sheds, and other
structures directly related to the residential or
agricultural use of the property. No such buildings may
Farm Buildings on Lots Over 3 Acres be used for commercial or warehouse operations. Wind
P
Only turbines or other wind-powered generators are not
included in this classification. Confinement buildings
are considered under “Animal Feeding Operations,
Confinement”

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CHAPTER 168 ZONING CODE – ZONING DISTRICT REGULATIONS
Land Use Notes

Golf Courses P
ranges
Home Occupations A
Kennels C
Nurseries / Daycare P
Parks P
Parochial or Private Schools P Curricula similar to public schools; no boarding
Places of Worship P
Playgrounds P
Private Garages, Detached A See Section 169.06
Private Swimming Pools A
Public Schools P
Single Family Dwellings P
Temporary Construction Buildings A
Tennis Courts A
Utility and Service Uses P

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2. Bulk Regulations. The minimum area, setbacks, density, and maximum

height are as prescribed in Table 168.01-B.
TABLE 168.01-B – ID ZONE BULK REGULATIONS

Minimum Lot Size Requirement Minimum Yard Requirement
Principal Each Side
Permitted Uses Front Yard Rear Yard Maximum
Frontage Width Area Yard
Depth Depth Height
Width
Single-Family
35 feet or
Dwellings, Family 150 feet 150 feet 1 acre 50 feet 10 feet 50 feet
2½ stories
Homes
Public Building; Place
of Worship; School,
150 feet 150 feet 3 acres 75 feet 20 feet 50 feet 70 feet
Community Buildings,
Country Clubs
All other uses with
35 feet or
buildings and/or 200 feet 200 feet 5 acres 100 feet 50 feet 100 feet
2½ stories
livestock
3. Accessory Uses. Accessory uses are permitted subject to the provisions of

Section 169.06.
4. Home Occupations. Home occupations are permitted subject to the
provisions of Section 170.01.
5. Conditional Uses. Conditional uses are permitted subject to the provisions of
Section 171.02.
6. Off-Street Parking. Off-street parking shall be provided according to the
7. Stockyard Operation; License Required. It is unlawful for any person to
locate, build, construct, use, operate, or maintain a stockyard, animal enclosure,
animal feeding operation, open feed lot, or confinement feeding operation as a
principal, accessory, or conditional use in any ID District within the corporate limits
of the City without having obtained a license therefor as provided in this zoning
ordinance.
8. Kennels; License Required. It is unlawful for any person to locate, build,
construct, use, operate, or maintain a kennel in any ID District within the corporate
limits of the City without having obtained a license therefor as provided in this zoning
ordinance.
9. Signs. Signs shall be permitted according to the provisions of Chapter 173.

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- 912 -
168.02 RS ZONES – SINGLE-FAMILY RESIDENCE DISTRICTS.

1. Defined. Allowable RS Zone uses are:
A. RS-3 Single-Family Residence District. The RS-3 Single-Family
Residence District is intended to provide and maintain low-density single-
family residential neighborhoods with a minimum lot size of 15,000 square
feet. The district shall include appropriate neighborhood facilities such as
public parks, libraries, schools, churches, and recreational facilities, and is
intended to protect these residential areas from encroachment of incompatible
uses. Commercial uses are limited to allowable home occupations.
B. RS-4 Single-Family Residence District. The RS-4 Single-Family
Residence District is intended to provide and maintain low-density single-
family residential neighborhoods with a minimum lot size of 10,000 square
feet. The district shall include appropriate neighborhood facilities such as
public parks, libraries, schools, churches, and recreational facilities, and is
C. RS-6 Single-Family Residence District. The RS-6 Single-Family
Residence District is intended to provide for and maintain moderate density
single-family residential neighborhoods with a minimum lot size of 7,000
square feet. The district shall include appropriate neighborhood facilities such
as public parks, libraries, schools, churches, and recreational facilities, and is
D. RS-7 Single-Family Residence District. The RS-7 Single-Family
Residence District is intended to provide for and maintain moderate to high-
density single-family residential neighborhoods with a minimum lot size of
6,000 square feet. The district shall include appropriate neighborhood
facilities such as public parks, libraries, schools, churches, and recreational
facilities, and is intended to protect these residential areas from encroachment
of incompatible uses. Commercial uses are limited to allowable home
occupations.
(1) The following conditions are required for a development
consisting solely of RS-7 zoning:
(a) Planned Area Development submittal.
(b) A variety of housing designs are required. A
Planning Commission subcommittee will be created to review
all elevations of proposed home design before building
permits are issued. If the subcommittee does not approve of
an elevation, the applicant may appeal to the Commission for
final approval.
(c) Alleys are preferred. A homeowners association will
be responsible for maintenance of alleys.
(d) Two-stall garages will be required for every lot
within the RS-7 District.

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(e) One two-inch caliper tree will be required in the front

yard of each lot within the RS-7 District.
(f) A minimum of 25 percent of the development will be
reserved as open space.
(2) The following conditions are required for a development
consisting of RS-7 combined with other RS zoning:
(a) A maximum of 10 percent of the area of the Single-
Family Residential District may be zoned RS-7. The
development must be a minimum of 40 acres for the inclusion
of the RS-7 Zoning.
(b) It is preferred to have a transition of RS-6 Single-
Family Residential District adjoining the RS-7 zoned lots to
serve as a buffer between RS-3 and RS-4 zoned lots.
E. RS-8 Single-Family Residence District. The RS-8 Single-Family
Residence District is intended to provide for and maintain moderate to high-
density single-family residential neighborhoods with a minimum lot size of
5,000 square feet. The district shall include appropriate neighborhood
facilities such as public parks, libraries, schools, churches, and recreational
facilities, and is intended to protect these residential areas from encroachment
of incompatible uses. Commercial uses are limited to allowable home
occupations. The use of the RS-8, Single-Family Residence District shall be
limited to the existing RS-8 Zones within the City, primarily designated as the
original town of North Liberty bounded by Zeller Street, Dubuque Street,
Penn Street, and Stewart Street. The use of the RS-8 Zoning District for any
new development within the City is discouraged as being incompatible with
the desired design standards for the City.
F. RS-O, Single-Family Residential Special Use District. The RS-O,
Single-Family Residential Special Use District is intended to be limited in use
and will only be used for those special situations where the establishment of
this district will not alter the essential character of any residential district in
which it could be placed, and will, in addition, require that any land owner
desiring to establish this district shall enter into a written agreement with the
City to abide by such terms and conditions as required by the City.
(1) Use Regulations. An existing single-family dwelling in the
RS-O District will be permitted to be used as a professional office in
said dwelling.
(2) Written Agreement. An applicant shall enter into a written
agreement with the City agreeing to abide by any restrictions or
conditions set forth by the Council as a condition of the rezoning,
including:
(a) No more than seven full-time employees will be
allowed on said premises, including the owner, during normal
working hours.
(b) Adequate off-street parking for each employee, up to
a maximum of seven parking places, shall be provided. All
employees shall park in designated off-street parking spaces.

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(c) There shall be no exterior display, no exterior sign,

and no exterior storage of materials which would indicate the
nature of the use of the dwelling.
(d) There will be no walk-in or retail business conducted
on the premises.
(e) The use will be subject to an annual inspection and
renewal by the City.
(f) The dwelling will maintain a residential character
both on the interior and exterior.
(g) At such time as the business use terminates in the
premises or ceases to be used as a business use for six months
in any 12-month period, the owner will consent to the City’s
rezoning the property for residential use only.
2. RS Use Regulations. Principal and accessory uses permitted in the RS Zone
District shall be prescribed in Table 168.02-A.
3. Bulk Regulations. The minimum area, setback, density, and maximum height
requirements shall be as prescribed in the following Tables:
RS-3 Table 168.02-B
RS-4 Table 168.02-C
RS-6 Table 168.02-D
RS-7 Table 168.02-E
RS-8 Table 168.02-F
Section 169.06.

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°°°°°°°°°°

- 918 -
TABLE 168.02-A – RS ZONES USES
P = Permitted, C = Conditional, A = Accessory, N = Not Allowed

Land Uses Notes
Owned or operated by public or private agencies or
organizations. Not commercial.
Country Clubs P
ranges. No parking allowed in required front yard.
Must provide a minimum of 100 square feet of open
Daycare, Family P
play space per child
Daycare, Group C
Dog Runs, Keeping of Small Animals A See Section 169.06
Family Homes P Minimum separation of ¼ mile between family homes.
Garden Houses A See Section 169.06
Golf Courses P
Home Occupations A
Parks P
organizations. Not Commercial.
Places of Worship P
Playgrounds P
Pre-School C
Private Garages A See Section 169.06
Private Greenhouses / Plant Nurseries A See Section 169.01
Public Schools P
Minimum structure width 20 feet; minimum roof pitch
Single-Family Dwellings P
4:12
Storage Shed A See Section 169.06
Tennis Courts P

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TABLE 168.02-B – RS-3 BULK REGULATIONS

Principal Front Each Side
Permitted Uses Rear Yard Maximum
Frontage Width Area Yard Yard
Depth Height
Depth Width
Single-Family Dwellings, Family 15,000 35 feet or
50 feet 100 feet 25 feet 10 feet 30 feet
Homes square feet 2½ stories
Community Buildings, Country
Clubs, Public, Parochial or Private 20,000 35 feet or
Schools, Places of Worship, square feet 2½ stories
Nurseries, Daycare, Pre-School
15,000 35 feet or
Tennis Courts, Parks 50 feet 100 feet 30 feet 20 feet 30 feet
square feet 2½ stories
Golf Courses 300 feet 300 feet 65 acres NA NA NA
TABLE 168.02-C – RS-4 BULK REGULATIONS

Depth Height
Depth Width
10,000 35 feet or
TABLE 168.02-D – RS-6 BULK REGULATIONS

Depth Height
Depth Width
10,000 35 feet or

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TABLE 168.02-E – RS-7 BULK REGULATIONS

Depth Height
Depth Width
10,000 35 feet or
TABLE 168.02-F – RS-8 BULK REGULATIONS

Depth Height
Depth Width
10,000 35 feet or

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168.03 RD ZONES – TWO-FAMILY RESIDENCE DISTRICTS.

1. Defined. Allowable RD Zone uses are:
A. RD-8 Two-Unit Family Residence District. The RD-8 Two-Unit
Family Residence district is intended to allow for attached single-family
dwellings joined together on a common boundary line with a common wall
between the units. Minimum lot size is 10,000 square feet with a minimum of
5,000 square feet per unit. The district shall include appropriate
neighborhood facilities such as public parks, libraries, schools, churches, and
recreational facilities, and is intended to protect these residential areas from
encroachment of incompatible uses. Commercial uses are limited to
allowable home occupations.
B. RD-10 Two-Unit Family Residence District. The RD-10 Two-Unit
Family District is intended to allow for attached single-family dwellings
joined together on a common boundary line with a common wall between the
units. Minimum lot size is 9,000 square feet with a minimum of 4,500 square
feet per unit. The district shall include appropriate neighborhood facilities
such as public parks, libraries, schools, churches, and recreational facilities,
and is intended to protect these residential areas from encroachment of
incompatible uses. Commercial uses are limited to allowable home
occupations.
2. Use Regulations. Principal and accessory uses permitted in the RD Zone –
Two-Family Residence Districts are prescribed in Table 168.03-A.
3. Bulk Regulations. The minimum area, setback, density, and maximum height
restrictions are as prescribed in the following Tables:
RD-8 – Table 168.03-B
RD-10 – Table 168.03-C
Section 169.06.

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°°°°°°°°°°

- 932 -
TABLE 168.03-A – RD ZONE USES

Land Use Notes
Country Clubs P
Must provide a minimum of 100 square feet of open play
Daycare, Family P
space per child
Daycare, Group C
space per child
Dog Runs, Keeping of Small Animals A See Section 169.06
Duplex P
Emergency Shelters A See Section 169.06
Family Homes P Minimum separation of ¼ mile between family homes
Garden Houses A See Section 169.06
Golf Courses P
Home Occupations A See Section 170.01
Parks P
Places of Worship P
Playgrounds P
Pre-School C
space per child
Private Greenhouses / Plant Nurseries A See Section 169.06
Public Schools P
Temporary Construction Buildings A See Section 169.06
Tennis Courts A See Section 169.06
Two-Family Dwellings P Minimum structure width 20 feet; minimum roof pitch 4:12

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TABLE 168.03-B – RD-8 BULK REGULATIONS

Depth Height
Depth Width
10,000 square
35 feet or
Two-Family Dwellings 40 feet 100 feet feet; 5,000 per 25 feet 10 feet 30 feet
2½ stories
dwelling unit
Country Clubs, Public,
Parochial or Private 20,000 square 35 feet or
Schools, Places of Worship, feet 2½ stories
Nurseries, Daycare, Pre-
School
10,000 square 35 feet or
feet 2½ stories
TABLE 168.03-C – RD-10 BULK REGULATIONS

Depth Height
Depth Width
9,000 square feet;
35 feet or
Two-Family Dwellings 35 feet 80 feet 4,500 per 25 feet 10 feet 30 feet
2½ stories
dwelling unit
School
feet 2½ stories

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168.04 RM ZONES – MULTI-FAMILY RESIDENCE DISTRICTS.

1. Defined. Allowable RM Zone uses are:
A. RM-8 Multi-Family Residence District. The RM-8 Multi-Family
Residence District is intended to provide and maintain low-density, multiple-
family housing residential neighborhoods with a maximum density of eight
(8) units per acre. The minimum lot size is 21,780 square feet and the
minimum lot area per dwelling unit is 5,000 square feet. The district shall
include appropriate neighborhood facilities such as public parks, libraries,
schools, churches, and recreational facilities, and is intended to protect these
residential areas from encroachment of incompatible uses.
B. RM-12 Multi-Family Residence District. The RM-12 Multi-Family
Residence District is intended to provide and maintain medium-density,
multiple-family housing residential neighborhoods with a maximum density
of twelve (12) units per acre. The minimum lot size is 21,780 square feet and
the minimum lot area per dwelling unit is 3,500 square feet. The district shall
schools, churches, and recreational facilities, and is to protect these residential
areas from encroachment of incompatible uses.
C. RM-21 Multi-Family Residence District. The RM-21 Multi-Family
Residence District is intended to provide and maintain high-density, multiple-
family housing residential neighborhoods with a maximum density of twenty-
one (21) units per acre. The minimum lot size is 21,780 square feet and the
minimum lot area per dwelling unit is 2,000 square feet. The district shall
schools, churches, and recreational facilities, and is intended to protect these
residential areas from encroachment of incompatible uses.
2. Use Regulations. Principal and accessory uses permitted in the RM Zone –
Multi-Family Residence Districts are prescribed in Table 168.04-A.
3. Bulk Regulations. The minimum area, setback, density and maximum height
restrictions shall be as prescribed in the following Tables:
RM-8 – Table 168.04-B
RM-12 – Table 168.04-C
RM-21 – Table 168.04-D
Section 169.06.

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°°°°°°°°°°

- 938 -
TABLE 168.04-A – RM ZONE USES

Land Use Notes
Except miniature golf courses and commercial driving ranges.
Country Clubs P
No parking allowed in required front yard.
Must provide a minimum of 100 square feet of open play space
Daycare, Group P
per child.
Except miniature golf courses and commercial driving ranges.
Golf Courses P
No parking allowed in required front yard.
Multiple-Family Dwelling P
Nursing Homes P
Parks P
Places of Worship P
Playgrounds P
Must provide a minimum of 100 square feet of open play space
Pre-School P
per child.
Private Swimming pools A See Section 169.06
Public Schools P
Public Swimming Pool P
Recreation Buildings A
Tennis Courts P

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TABLE 168.04-B – RM-8 BULK REGULATIONS

Depth Height
Depth Width
21,780 square
40 feet or
Multiple-Family Dwellings 75 feet 100 feet feet; 5,000 per 45 feet 20 feet 35 feet
3 stories
dwelling unit
School
feet 2½ stories
TABLE 168.04-C – RM-12 BULK REGULATIONS

Depth Height
Depth Width
21,780 square
40 feet or
Multiple-Family Dwellings 50 feet 80 feet feet; 3,500 per 35 feet 15 feet 35 feet
3 stories
dwelling unit
School
feet 2½ stories

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TABLE 168.04-D – RM-21 BULK REGULATIONS

Depth Height
Depth Width
21,780 square
65 feet or
Multiple-Family Dwellings 50 feet 80 feet feet; 2,000 per 25 feet* 10 feet* 30 feet
5 stories*
dwelling unit
School
feet 2½ stories
* An addition foot of front yard depth and side yard width is required for every foot of building height over 45 feet.

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- 942 -
168.05 R-FB ZONES – RESIDENTIAL FACTORY-BUILT HOUSING PARK DISTRICTS.

1. Defined. The R-FB Residential Factory-Built Housing Park District is
intended to provide for the placement of manufactured homes and modular homes
within factory-built housing parks. The district is intended to provide and maintain
for the operation of facilities to be used by manufactured home park residents
including laundry, recreational facilities, and other structures or features for the safety
and welfare of park residents. The minimum lot size for a manufactured home is
5,500 square feet.
2. Use Regulations. Principal and accessory uses permitted in the R-FB Zone –
Residential Factory-Built Housing Park Districts are prescribed in Table 168.05-A.
restrictions are as prescribed in the Table 168.05-B
Section 169.06
8. Factory-Built Housing Park Layout Standards. The following standards are
the minimum requirements for the layout of factory-built home parks.
A. Minimum Area. The minimum gross area for a park is 10 acres.
B. Maximum Density. Maximum density shall not exceed seven
factory-built homes per gross acre.
C. Minimum Lot Size. Each factory-built home space shall contain a
minimum area of 5,500 square feet and shall have a minimum width of 50
feet.
D. Entrance. Stairs servicing the main entrance of the factory-built home
shall be a minimum of 36 inches in width and shall comply with all other
requirements of the Building Code regarding guardrails, handrails, and
dimensions of treads. All stairs and entrance landings shall be secured to the
factory-built home and the ground surface. The stairs shall be placed on a
level, solid surface.
E. Clearance Between Homes. No factory-built home shall be located
within eight feet of the side yard lot line for the space. In determining the
clearance requirements, an annex shall be considered an integral part of the
factory-built home. No factory-built home shall be located closer than 20 feet
from the front yard lot line or 25 feet from the rear yard lot line for the space.
F. Yards. Each factory-built home park shall provide a yard of not less
than 50 feet along each boundary abutting a public right-of-way. Such yards
shall be landscaped to screen the park from the right-of-way, except for those
portions used for ingress and egress.

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G. Access.
(1) Entrance/Exit Roadways. Each factory-built home park shall
have at least two separate entrance and exit roadways and shall
connect to a dedicated public right-of-way not less than 50 feet in
width.
(2) Private Streets. All factory-built home park spaces shall abut
a private street of not less than 24 feet in width and with a minimum
right-of-way of 40 feet.
(3) Cul-de-Sac Requirements. All dead-end private streets over
400 feet shall include adequate space for a cul-de-sac with a diameter
of 100 feet.
(4) Surfacing. Private streets shall be constructed of a six-inch
Portland concrete cement with a rollover curb.
(5) On-Street Parking. Parking shall only be allowed on one side
of a private street, provided the street is a minimum width of 29 feet
and provides a minimum 45-foot right-of-way, and shall be marked
accordingly with signs designating parking.
H. Sidewalks. Sidewalks not less than four feet in width shall be
provided from factory-built home spaces to service buildings on both sides of
all streets within a factory-built home park. Sidewalks shall be located one
foot outside the lot line of the factory-built home space and shall be
constructed of a thickness of no less than four-inch Portland concrete cement,
except six-inch is required through drives.
I. Private Lighting. Sidewalks and driveways shall be properly
maintained and shall be lighted at night with a minimum illumination of at
least six-tenths foot-candle. Forty-watt lamps at intervals of not more than 50
feet shall meet the illumination requirements.
J. Off-Street Parking. Two off-street-parking spaces shall be provided
on each factory-built home site and shall be located entirely on the factory-
built home space. Each such parking space shall measure not less than 9 by
18 feet and shall comply with surface and location requirements of Chapter
169.
K. Storage Shed. A maximum of one storage shed per lot, no greater
than 12 x 12 feet, may be located as an accessory use to the factory-built
home, provided the shed is located on the same space as the factory-built
home. The storage shed shall not be located in the front yard of the factory-
built home space and may to be located within eight feet of any lot line of the
factory-built home space. The exterior wall and roof covering material shall
match the wall and roof covering material of the dwelling unit for which it
serves.
L. Storage Area. Enclosed storage facilities in clusters throughout the
R-FB park, shall be provided in an amount equal to 100 square feet per
mobile factory-built home space. The area shall be for the residents of the
park to store trailers of all types, boats, detached pickup campers, motor
homes, etc. Such storage area shall be topped with a dust- and growth-free
surface facilitating drainage and shall be screened on all four sides by a solid

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fence not less than eight feet in height. Access streets to the storage area shall
comply with hard surfacing requirements of Chapter 169.
M. Recreation Area. A general area or areas amounting to not less than
five percent of the gross area of the factory-built home park, excluding any
area dedicated as public right-of-way, shall be provided for recreation use.
Such areas shall not include any area designated as a factory-built home
space, storage area, or required yard.
N. Fences. All fences erected or placed with a factory-built home park
shall comply with Section 169.05 of this code.
O. Storm Shelters. Storm shelters shall be provided. Size and design
shall be reviewed by the Commission and approved by the Council during the
site plan approval process. An architect or engineer, as defined in the Iowa
Architectural and Engineering Laws, shall prepare the structural plans for the
storm shelters.
9. Factory-Built Home Park Standards for Utilities and Services. Design of
improvements shall be in accordance with the North Liberty Municipal Design
Standards and Amendments.
A. Drainage. The park shall be located on a well-drained site, properly
graded to insure drainage and proper retention where required.
B. Health Regulations. All factory-built homes and factory-built home
parks shall comply with all City, County, and State health regulations
applicable to other rental properties or owner-occupied housing within the
City.
C. Underground Utilities. All public utilities within the factory-built
home park shall be underground.
D. Water Supply. The water supply for the factory-built home park shall
be a system which is owned and operated by the City.
(1) An adequate supply of pure water for drinking and domestic
purposes shall be supplied to all buildings and factory-built home
spaces within the park to meet the requirements of the park. Each
factory-built home space shall be provided with a cold-water tap of no
less than ¾-inch pipe above the ground.
(2) The park shall provide a complete water main supply system,
including hydrants, valves, and other appurtenances, which shall be
extended into and through the park to the boundary line and shall
connect to the municipal water system when installed. The water
system for the factory-built home park shall be installed in
accordance with the North Liberty Municipal Design Standards.
(3) Standard fire hydrants shall be located within 300 feet of each
factory-built home.
E. Sewer System. The sewage disposal system for the park shall
connect to the system owned and operated by the City.
(1) All plumbing in the factory-built home park, including (but
not limited to) waste from laundry facilities, showers, bathtubs, flush
toilets, urinals, lavatories, and kitchen sinks in service and other

- 947 -
buildings within the park, shall be discharged into the public sanitary
sewer system in compliance with the plumbing laws and health
regulations of the State, County, and City.
(2) Each factory-built home space shall be provided with a
sanitary sewer of at least four-inch diameter, which shall be
connected to receive the waste from the shower, bathtub, flush toilet,
lavatory, and kitchen sink of the mobile home. The sanitary sewer
pipe in each space shall be connected to discharge the waste into the
public sewer system in compliance with applicable City ordinances
and specifications.
F. Electricity and Natural Gas. Electric outlet supplying 240 volts –100
amperes of service shall be provided for each factory-built home space. The
installation shall comply with all State and local electrical codes and
ordinances. Such electrical outlets shall be weatherproof. Street and yard
lights shall be provided in such number and intensity as to ensure the safe
movement of vehicles and pedestrians at night. A light shall be located at
each outside entrance of the service buildings, which shall be kept lighted
during the hours of darkness. Where natural gas is provided, installation shall
comply with all applicable code regulations.
G. Service Buildings. Accessory uses are permitted subject to the
following provisions:
(1) Standards. Service buildings shall be permanent structures
complying with all applicable ordinances and statues regulating
buildings, electrical installations, plumbing, and sanitary systems.
(2) Maintenance. All service buildings in the grounds of the park
shall be maintained in a clean, safe condition and kept free of any
condition that will menace the health of any occupant or the public or
constitute a nuisance.
H. Open Fires. No open fires or burning shall be permitted at any time
or place within a factory-built home park, unless specifically authorized by
the Council. If burning is authorized under certain circumstances, it shall be
limited to containers that are carefully controlled and monitored, and will be
allowed only during the daytime and when individuals are actually
supervising the burning. Charcoal burning in a charcoal broiler or grill for the
purpose of cooking food shall be allowed, provided there is adequate
supervision.
I. Tie-Downs and Base. All factory-built homes located within the City
limits shall have an approved tie-down system in order to secure and maintain
in position all mobile homes, annexes thereto, and auxiliary buildings. Said
approved tie-down system shall be in compliance with all applicable rules and
regulations contained in the Building Code as to factory-built home
construction.
J. Animals. No owner or person in charge of a dog, cat, or other pet
animal shall permit it to run at large or constitute a nuisance within the limits
of any factory-built home park. The owner or person in charge of any pet
shall comply with all applicable sections of Chapter 55 of this Code of
Ordinances.

- 948 -
TABLE 168.05-A – R-FB ZONE USES

Land Use Notes
Coin Operated Laundries A
Day Care, Group P
Emergency Shelters P Required
Family Homes P Minimum 12-foot wide and 4:12 roof pitch
Factory-Built Home Sales A
Factory-Built Home Park P
Private Garage A See Section 169.06 (One per lot)
Home Occupations A See Section 170.01
Maintenance Building A
Manufactured Housing P Minimum structure width 14-feet; minimum roof pitch 4:12
Modular Housing P Minimum structure width 14-feet; minimum roof pitch 4:12

Parks P
Playgrounds A
Private Swimming pools A
Storage Shed A 1 per lot. Maximum size 144 square feet
Tennis Courts A

- 949 -
TABLE 168.05-B – R-FB BULK REGULATIONS

Depth Height
Depth Width
Single-Family Dwellings;
Family Homes, 35 feet or
35 feet 50 feet 5,500 square feet 20 feet† 8 feet† 25 feet
Manufactured Homes; 2½ stories
Modular Homes
35 feet or
Factory-Built Housing Park 400 feet 500 feet 10 acres 25 feet* 20 feet* 30 feet
2½ stories
* 50 feet if adjacent to a public right-of-way.
† 25 feet if adjacent to a public right-of-way.

- 950 -
168.06 C ZONES – COMMERCIAL DISTRICTS.

1. Defined. Allowable C Zone uses are:
A. C-1-A Central Commercial District. The C-1-A Central Commercial
District is intended to provide a traditional central setting oriented toward
pedestrians as well as automobiles. It is typified by high-density commercial
development with minimal setback requirements. Residential development is
excluded except where located above a commercial unit.
B. C-1-B General Commercial District. The C-1-B General Commercial
District is intended to provide for the uses established under the C-1-A
Central Commercial District and other commercial uses which due to space
requirements and the nature of operations are not suitable for location within a
compact central commercial center. Setback and yard requirements are
greater than under the C-1-A Central Commercial District.
C. C-2-A Highway Commercial District. The C-2-A Highway
Commercial District is intended to provide for those commercial uses which
may take particular advantage of a highway location and/or due to size or
other nuisance constraints may be incompatible with the predominantly retail
uses permitted in the C-1-A and C-1-B Commercial Districts, and whose
service area is not confined to any one neighborhood or community.
D. C-2-B Highway Commercial District. The C-2-B Highway
Commercial District is intended to provide for those commercial uses which
may take advantage of a highway location and are compatible with second
story residential uses. This district will be used sparingly after initial passage
of the City zoning map.
2. Use Regulations. Principal and accessory uses permitted in the C Zone –
Commercial Districts shall be as prescribed in the following tables.
C-1-A – Table 168.06-A
C-1-B – Table 168.06-B
C-2-A – Table 168.06-C
C-2-B – Table 168.06-D
restrictions shall be as prescribed in Table 168.06-E.
Section 169.06.
7. Conditional Uses. Outdoor display and storage uses are permitted subject to
the provisions of Section 171.02.

- 953 -
°°°°°°°°°°

- 954 -
TABLE 168.06-A – C-1-A ZONE USES

Land Use Notes
Appliance Stores P Sales, repair and service
Bakery Goods Shops P
Banks P
Barbershops or Beauty Parlors P
Bicycle Shops P Sales, repair and service
Boardinghouses C
Book or Stationery Stores P
Cabinetry Sales, kitchen, bath, etc. P
Cafés P
Clinics P
Clothing or Wearing Apparel and Accessory Stores P
Coffee Houses P
Coin Operated Laundries P
Confectionery/Candy Stores P
Craft Stores P
Custodial Homes P
Must provide a minimum of 100
Daycare, Group P square feet of open play space per
child
Department Stores P
Dressmaking, Tailoring, Alterations P
Drugstores P
Dry Cleaning and Laundry Collection P
Dry Cleaning and Laundry Processing C
Dry Goods / Notions Stores P
Dwelling Above Commercial (Exception: One handicapped
accessible dwelling unit is permitted on the ground floor in a
P 600 square foot minimum per unit
commercial building containing more than 4 and less than 13
dwelling units above the commercial units.)
Fabric/Dry Goods/Notions Stores P
Farmers Market P
Florist P
Garages, Public P
Gift and Accessory Shops P

- 955 -
Land Use Notes

Grocery, Fruit, Vegetables Stores P
Hair Styling Establishments P
Hardware Stores P
Hospitals P Except mental hospitals
Hotels C
Institutions P Except penal institutions
Jewelry Stores P
Laundromats and Dry Cleaning Machines, Coin Operated P
Meat Markets or Delicatessen P
Nursing Homes P
Office Buildings P
Office Equipment Stores P
Parking Lots, Commercial P
Parks P
Parochial or Private Schools P
Photographers P
Places of Worship P
Playgrounds P
Pre-School P
Print Shops P
Public Libraries P
Public Schools P
Radio Stations P
Recreation Buildings P
Restaurants P
Retail Stores / Other P
Shoe Stores P
Tea Rooms P
Tennis Courts P
Theaters P

- 956 -
TABLE 168.06-B – C-1-B ZONE USES

Land Use Notes
Banks P
Barbershops P
Bed and Breakfast P
Boardinghouses P
Book or Stationery Stores P
Bowling Alleys P
Cabinetry Sales, kitchen, bath, etc. P
Cable Communication Stations P
Cafes P
Clinics, Health P
Coffee Houses P
Confectionery/Candy Stores P
Contractor Sales and Service P
Convenience Stores with Gas Pumps P
Country Clubs P
Craft and Hobby Stores P
Custodial Homes P
Daycare, Group P
Department Stores P
Dressmaking, Tailoring, Alterations P
Drugstores P
Dry Cleaning and Laundry Processing P

accessible dwelling unit is permitted on the ground floor in a 600 square foot minimum per
P
commercial building containing more than 4 and less than 13 dwelling unit
dwelling units above the commercial units.)

- 957 -
Land Use Notes

Farmers Market P
Florist P
Garages, for dwellings over commercial A
Garden Houses C See Section 171.02
Gas Stations w/ Auto Service P
Gifts and Accessories P
Golf Courses P
Guard Dogs and Runs C See Section 171.02
Hardware Stores P
Home Appliance Service Shops P
Home Improvement Stores P
Hospitals P
Hotels P
Institutions P
Jewelry Stores P
Locksmith / Key Service Shops P
Motels P
Motor Vehicle Washes C See Section 171.02
Nursing Homes P
Outdoor Display (100 square feet or less) P
Outdoor Display C See Section 171.02
Outdoor Storage C See Section 171.02
Office Buildings P
Parks P
Parochial or Private Schools P
Photographers P
Places of Worship P
Playgrounds P

- 958 -
Land Use Notes

Pre-School P
Print Shops P
Public Libraries P
Public Schools P
Radio Stations P
Restaurants P
Shoe Repair Shops P
Shoe Stores P
Including small animal; no outside
kennels; interior boarding limited to
Small Animal Clinics P
hospitalization for emergency
treatment for no more than 48 hours
Taverns P
Tea Rooms P
Television Stations P
Tennis Courts P
Theaters P
Tire Sales and Service C See Section 171.02
Trade Schools C See Section 171.02

- 959 -
TABLE 168.06-C – C-2-A ZONE USES

Land Use Notes
Animal Hospitals P

Auto Dealerships-New C See Section 171.02
Auto Repair Shop P
Auto Sales - Used C See Section 171.02
Auto Service P
Banks P
Barbershops P
Book or Stationary Stores P
Bowling Alleys P
Cabinet Shops A Accessory use to cabinetry sales
Cabinetry Sales P
Cafes P
Clinics, Health P
Coffee Houses P
Commercial Schools P
Confectionery Candy Stores P
Country Clubs P
Custodial Homes P
Daycare, Group; Nursing Homes and Assisted Living Facilities P

- 960 -
Land Use Notes
Department Stores P
Dressmaking, Tailoring and Alterations P
Drugstores P
Educational Research Development and Service Facilities P
Electrical Research Development and Service Facilities P
Farmers Market P
Florist P
Golf Courses P
Hardware Stores P
Heating / Air-Conditioning Establishments P
Home Appliance Service and Shops P
Hospitals and Institutions P
Hotels P
Implement Stores P See Section 171.02
Jewelry Stores P
Limousine P
Lumber Yards C See Section 171.02

- 961 -
Land Use Notes
Mini Storage C See Section 171.02
Motels P
Motor Vehicle Washes P
Nurseries / Day Care P

Office Buildings P
Office Supply and Equipment Stores P
Parks P
Photographers P
Places of Worship P
Playgrounds P
Pre-School P
Print Shops P
Private Greenhouses / Plant Nurseries P
Public Libraries P
Radio Stations P
Restaurants P
Sheet Metal Shops A
Shoe Repair Shops P
Shoe Stores P
Needles and pigments shall be

disposed of as medical waste after
Tattoo Establishment P each use. Needles may not be
reused. See State Code requirements
for tattooing.
Taverns P

- 962 -
Land Use Notes
Tea Rooms P

Tennis Courts A
Theaters P
Tire Sales and Service P

Truck Terminals C See Section 171.02
Undertaking Establishments P

- 963 -
TABLE 168.06-D – C-2-B ZONE USES

Land Use Notes
Animal Hospitals P
Auto Dealerships-New C See Section 171.02
Auto Repair Shop P
Auto Sales - Used C See Section 171.02
Auto Service P
Banks P
Barbershops P
Book or Stationary Stores P
Bowling Alleys P
Cabinet Shops A Accessory use to cabinetry sales
Cabinetry Sales P
Cafes P
Clinics, Health P
Coffee Houses P
Confectionery Candy Stores P
Country Clubs P
Custodial Homes P
Daycare, Group; Nursing Homes and Assisted Living Facilities P
Department Stores P

- 964 -
Land Use Notes

Dressmaking, Tailoring and Alterations P
Drugstores P

600 square foot minimum per unit,
accessible dwelling unit is permitted on the ground floor in a
P and 900 square foot maximum per
commercial building containing more than 4 and less than 13 units
unit.
above the commercial units.)
Farmers Market P
Florist P
Golf Courses P
Hardware Stores P
Home Appliance Service and Shops P
Hotels P
Implement Stores P See Section 171.02
Jewelry Stores P
Limousine C
Lumber Yards C See Section 171.02
Mini Storage C See Section 171.02

- 965 -
Land Use Notes

Motels P
Office Buildings P
Office Supply and Equipment Stores P
Parks P
Photographers P
Places of Worship P
Playgrounds P
Pre-School P
Print Shops P
Public Libraries P
Radio Stations P
Restaurants P
Sheet Metal Shops A
Shoe Repair Shops P
Shoe Stores P
Needles and pigments shall be

disposed of as medical waste after
Tattoo Establishment P each use. Needles may not be
reused. See State Code
requirements for tattooing.
Taverns P
Tea Rooms P

- 966 -
Land Use Notes

Tennis Courts A
Theaters P
Truck Terminals C See Section 171.02
Undertaking Establishments P
TABLE 168.06-E – C ZONE BULK REGULATIONS

Depth Height
Depth Width
45 feet or
C-1-A 35 feet 35 feet 0 feet 0* 10 feet
3 stories
45 feet or
C-1-B 35 feet 35 feet 25 feet 10 feet 20 feet
3 stories
35 feet or
C-2-A 35 feet 35 feet 25 feet 10 feet 20 feet
2½ stories
35 feet or
C-2-B 35 feet 35 feet 25 feet 10 feet 20 feet
2½ stories
* If a side yard is provided, it shall be at least 5 feet in width.

- 967 -

- 968 -
168.07 O/RP ZONES – OFFICE AND RESEARCH PARK DISTRICTS.

1. Defined. The O/RP Office and Research Park District is intended to
accommodate office buildings, similar structures, and complementary uses in a
mutually compatible environment. It is designed to provide landscaping and space
requirements suitable for an office and research setting. Uses are limited to those
compatible with an office setting and those which do not produce noise, air, or other
environmental nuisances which might interfere with activities within the district and
surrounding residential areas.
2. Use Regulations. Principal and accessory uses permitted in the O/RP Zone –
Office and Research Park Districts are prescribed in the Table 168.07-A.
restrictions are prescribed in Table 168.07-B.
Section 169.06.

- 971 -
°°°°°°°°°°

- 972 -
TABLE 168.07-A – O/RP ZONE USES

Land Use Notes
Banks P
Clinics, Health P
Country Club P
Emergency Shelters P
Golf Courses P
Hotels P
Libraries P
Nurseries / Day Care A
Office Buildings P
Office Park P
Parks P
Photographic P
Playgrounds A
Print Shops P
Radio Stations P
Research Agencies P
Research Laboratories P
Tennis Courts P
Trade Schools P

- 973 -
TABLE 168.07-B – O/RP ZONE BULK REGULATIONS

Depth Height
Depth Width
45 feet or
Office Park Uses 100 feet 200 feet 2 acres 100 feet 50 feet 50 feet
3 stories
45 feet or
Office Park 200 feet 400 feet 12 acres 100 feet 50 feet 50 feet
3 stories

- 974 -
168.08 C-RV ZONES – COMMERCIAL RECREATIONAL VEHICLE DISTRICT.

1. Defined. The C-RV Commercial Recreational District is intended to provide
for the use of recreational mobile homes and vehicles within a commercial
recreational vehicle park. The district is intended to provide for the operation of
facilities to be used by park residents including laundry, recreational facilities, and
other structures or features required by law for the safety and welfare of park
residents.
2. Use Regulations. Principal and accessory uses permitted in the C-RV Zone –
Commercial Recreational Vehicle Districts are prescribed in Table 168.08-A.
restrictions are prescribed in Table 168.08-B.
Section 169.06.

- 977 -
°°°°°°°°°°

- 978 -
TABLE 168.08-A – C-RV ZONE USES

Land Use Notes
Maintain setbacks in Table 168.08-B from adjoining
Coin Operated Laundries A
property lines.
Dog Runs, Keeping of Small Animals A
Maintenance Building A
property lines.
Parks P
Playgrounds A
property lines.
Recreation Vehicle Pads P
Recreational Vehicle Park P
Tent Spaces P
TABLE 168.08-B – C-RV ZONE BULK REGULATIONS

Depth Height
Depth Width
Recreation Vehicle Park 50 feet 200 feet 2 acres 50 feet 30 feet 50 feet

- 979 -

- 980 -
168.09 I ZONES – INDUSTRIAL DISTRICTS.

1. Defined. Allowable I Zone uses are:
A. I-1 Industrial District. The I-1 Industrial District is intended to
provide for the development of modern landscaped light-industrial and
commercial establishments which have negligible impacts upon areas outside
of the zoned district, and seek a hazard- and nuisance-free environment. The
district is intended to provide for manufacture, assembly, fabrication, storage,
and/or processing of goods listed for the location of compatible uses.
B. I-2 Industrial District. The I-2 Industrial District is intended to
provide for the development of industrial establishments that may require
special conditions applied to the use to prevent negative impacts upon areas
outside of the zoned district, and seek a hazard- and nuisance-free
environment.
2. Use Regulations. Principal and accessory uses permitted in the I Zone –
Industrial Districts shall be as prescribed in the following Tables.
I-1 Table 168.09-A.
I-2 Table 168.09-B.
restrictions are as prescribed in Table 168.09-C.
Section 169.06

- 983 -
°°°°°°°°°°

- 984 -
TABLE 168.09-A – I-1 ZONE USES
P = Permitted, C = Conditional, A = Accessory, NA = Not Allowed

Land Use Notes
Animal Hospitals P
Apparel, and Finished Products made from Fabrics P
Appliance Stores P
Auto Body Repair P
Auto Repair Shop P
Auto Sales - Used P
Auto Service P
Banks P
Barbershops P
Bicycle Shops P
Boot and Shoe Cut Stock and Findings P
Bottling Plants P
Cabinet Shops P
Cable Stations P
Cafes P
Commercial Grain Storage NA
Commercial Parking Lots P
Corn Wet Milling Process NA
Custodial Homes P
Dairies P
Ethyl Alcohol and Derivatives Production NA
Glass and Plastic Products P

- 985 -
Land Use Notes

Golf Courses P
Guard Dogs and Runs A
Guns, Howitzers, Mortars, Firearms, and Related Equipment NA
Hairstyling Establishments P
Hardware Stores P
Home Appliance Service Shops P
Implement Stores P
Jewelry, Silverware, and Plated Ware P
Limousine P
Lumber Yards P
Manufactured Home Sales P
Measuring and Controlling Instruments P
Mini Storage P
Miscellaneous Notions P
Multiple-Family Dwelling NA
Musical Instruments and Parts P
Office Buildings P
Ophthalmic Goods P
Optical Instruments and Equipment P
Outdoor Display (100 S.F. or less)
Parks P
Pens, Pencils, Office and Artists Supplies P
Pet Animal Boarding Facilities C
Photographic Equipment P
Photographic Film and Chemicals NA
Playgrounds P
Pre-School P
Print Shops P

- 986 -
Land Use Notes

Printing, Publishing and Allied Industries P
Radio Stations P
Recycling Facility C
Research Agencies P
Scientific and Research Instruments P
Sheet Metal Shops P
Single Family Dwellings NA
Small Leather Goods P
Sporting and Athletic Goods P
Surgical, Medical, and Dental Instruments P
Taverns P
Toys P
Trade Schools P
Truck Terminals P
Warehousing Storage P
Watches, Clocks, and Parts P

- 987 -
TABLE 168.09-B – I-2 ZONE USES

Land Use Notes
Animal Hospitals P
Apparel, and Finished Products made from Fabrics P
Appliance Stores P
Auto Body Repair P
Auto Repair Shop P
Auto Sales – Used P
Auto Service P
Boot and Shoe Cut Stock and Findings P
Bottling Plants P
Cabinet Shops P
Cable Stations P
Commercial Grain Storage C
Commercial Parking Lots P
Corn Wet Milling Process C
Dairies P
Ethyl Alcohol and Derivatives Production C
Glass and Plastic Products P
Golf Courses P
Guard Dogs and Runs A
Guns, Howitzers, Mortars, Firearms, and Related Equipment C
Implement Stores P
Limousine P
Lumber Yards P
Manufactured Home Sales P

- 988 -
Land Use Notes

Measuring and Controlling Instruments P
Mini Storage P
Miscellaneous Notions P
Multiple-Family Dwelling NA
Musical Instruments and Parts P
Nurseries / Daycare A
Office Buildings P
Ophthalmic Goods P
Optical Instruments and Equipment P
Parks P
Pens, Pencils, Office and Artists Supplies P
Pet Animal Boarding Facilities C
Photographic Equipment P
Photographic Film and Chemicals C
Playgrounds A
Pre-School A
Print Shops P
Printing, Publishing and Allied Industries P
Radio Stations P
Recycling Facility C
Research Agencies P
Scientific and Research Instruments P
Sheet Metal Shops P
Single-Family Dwellings NA
Small Leather Goods P
Sporting and Athletic Goods P
Surgical, Medical, and Dental Instruments P
Taverns P
Toys P
Trade Schools P

- 989 -
Land Use Notes

Truck Terminals P
Warehousing Storage P
Watches, Clocks, and Parts P
TABLE 168.09-C – I ZONE BULK REGULATIONS

Depth Height
Depth Width
45 feet or
All 35 feet 35 feet 0 25 feet 20 feet 20 feet
3 stories

- 990 -
168.10 P ZONES – PUBLIC USE DISTRICTS.

1. Defined. The P Zone – Public Use District is intended to provide space for
public safety, administration, recreational, and community facilities.
2. Use Regulations. Principal and accessory uses permitted in the P Zone –
Public Use Districts are as prescribed in Table 168.10-A.
restrictions are as prescribed in Table 168.10-B.
Section 169.06.

- 993 -
°°°°°°°°°°

- 994 -
TABLE 168.10-A – P ZONE USES

Land Use Notes
Animal Shelters P
Country Clubs P
Garden Houses P
Golf Courses P
Government Offices and Administration P
Maintenance Building P
Parks P
Playgrounds P
Public Libraries P
Public Schools P
Telecommunications Towers P
Tennis Courts P
Treatment Facilities P
TABLE 168.10-B – P ZONE BULK REGULATIONS

Depth Height
Depth Width
45 feet or
All 35 feet 35 feet * * *
3½ stories
*Equal to adjoining zone district

- 995 -

- 996 -
168.11 OFP ZONE – FLOODPLAIN OVERLAY DISTRICT.

1. Definitions. Unless specifically defined below, words or phrases used in this
section shall be interpreted so as to give them the meaning they have in common
usage and to give this section its most reasonable application.
“Base flood” means the flood having a one percent chance of being equaled or
exceeded in any given year. (See 100-year flood).
“Basement” means any enclosed area of a building which has its floor or
lowest level below ground level (subgrade) on all sides. Also see “lowest
floor.”
“Development” means any manmade change to improved or unimproved real
estate, including (but not limited to) buildings or other structures, mining,
dredging, filling, grading, paving, excavation, or drilling operations.
“Existing construction” means any structure for which the “start of
construction” commenced before the effective date of the community’s Flood
Insurance Rate Map. (May also be referred to as “existing structure.”)
“Existing factory-built home park or subdivision” means a factory-built home
park or subdivision for which the construction of facilities for servicing the
lots on which the factory-built homes are to be affixed (including, at a
minimum, the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) was completed before the
effective date of these flood plain management regulations.
“Expansion of existing factory-built home park or subdivision” means the
preparation of additional sites by the construction of facilities for servicing the
final site grading or the pouring of concrete pads.)
“Factory-built home” means any structure designed for residential use which
is, wholly or in substantial part, made, fabricated, formed, or assembled in
manufacturing facilities for installation – or assembly and installation – on a
building site. For the purpose of this section, factory-built homes include
mobile homes, manufactured homes, and modular homes and also include
“recreational vehicles” which are placed on a site for greater than 180
consecutive days and not fully licensed for and ready for highway use.
“Factory-built home park” means a parcel or contiguous parcels of land
divided into two or more factory-built home lots for sale or lease.
“Flood” means a general and temporary condition of partial or complete
inundation of normally dry land areas resulting from the overflow of streams
or rivers or from the unusual and rapid runoff of surface waters from any
source.
“Flood elevation” means the elevation floodwaters would reach at a particular
site during the occurrence of a specific flood. For instance, the 100-year flood
elevation is the elevation of floodwaters related to the occurrence of the 100-
year flood.

- 999 -
“Flood insurance rate map” (FIRM) means the official map prepared as part
of (but published separately from) the Flood Insurance Study which delineates
both the flood hazard areas and the risk premium zones applicable to the
community.
“Flood plain” means any land area susceptible to being inundated by water as
a result of a flood.
“Flood plain management” means an overall program of corrective and
preventive measures for reducing flood damages and promoting the wise use
of flood plains, including (but not limited to) emergency preparedness plans,
flood control works, flood proofing and flood plain management regulations.
“Flood proofing” means any combination of structural and nonstructural
additions, changes, or adjustments to structures, including utility and sanitary
facilities, which will reduce or eliminate flood damage to such structures.
“Floodway” means the channel of a river or stream and those portions of the
flood plain adjoining the channel which are reasonably required to carry and
discharge floodwaters or flood flows so that confinement of flood flows to the
floodway area will not cumulatively increase the water surface elevation of
the base flood by more than one foot.
“Floodway fringe” means those portions of the flood plain, other than the
floodway, which can be filled, leveed, or otherwise obstructed without
causing substantially higher flood levels or flow velocities.
“Historic structure” means any structure that is:
(1) Listed individually in the National Register of Historic
Places, maintained by the Department of Interior, or preliminarily
determined by the Secretary of the Interior as meeting the
requirements for individual listing of the National Register;
(2) Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in
states with historic preservation programs which have been approved
by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places in
communities with historic preservation programs that have been
certified by either (i) an approved state program as determined by the
Secretary of the Interior or (ii) directly by the Secretary of the Interior
in states without approved programs.
“Lowest floor” means the floor of the lowest enclosed area in a building
including a basement except when all the following criteria are met:
(1) The enclosed area is designed to flood to equalize hydrostatic
pressure during floods with walls or openings that satisfy the
provisions of subsection (11)(B)(4)(a) of this section; and

- 1000 -
(2) The enclosed area is unfinished (not carpeted, dry-walled,

etc.) and used solely for low damage potential uses such as building
access, parking or storage; and
(3) Machinery and service facilities (e.g., hot water heater,
furnace, electrical service) contained in the enclosed area are located
at least one foot above the 100-year flood level; and
(4) The enclosed area is not a “basement” as defined in this
section.
In cases where the lowest enclosed area satisfies criteria (1), (2), (3) and (4)
above, the lowest floor is the floor of the next highest enclosed area that does
not satisfy the criteria above.
“New construction” (new buildings, factory-built home parks) means those
structures or development for which the start of construction commenced on
or after the effective date of the Flood Insurance Rate Map.
“New factory-built home park or subdivision” means a factory-built home
park or subdivision for which the construction of facilities for servicing the
final site grading or the pouring of concrete pads) is completed on or after the
effective date of these flood plain management regulations.
“100-year flood” means a flood, the magnitude of which has a one percent
chance of being equaled or exceeded in any given year, or which, on the
average, will be equaled or exceeded a least once every 100 years.
“Recreational vehicle” means a vehicle which is:
(1) Built on a single chassis;
(2) Four hundred (400) square feet or less when measured at the
largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a
light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but
as temporary living quarters for recreational, camping, travel, or
seasonal use.
“Special flood hazard area” means the land within a community subject to the
100-year flood. This land is identified as Zone A on the Flood Insurance Rate
Map.
“Start of construction” includes substantial improvement, and means the date
the development permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, or other
improvement, was within 180 days of the permit date. The actual start means
either the first placement or permanent construction of a structure on a site,
such as pouring of a slab or footings, the installation of pile, the construction
of columns, or any work beyond the stage of excavation; or the placement of a
factory-built home on a foundation. Permanent construction does not include
land preparation, such as clearing, grading and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a

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basement, footings, piers, or foundations or the erection of temporary forms;

nor does it include the installation on the property of accessory buildings such
as garages or sheds riot occupied as dwelling units or not part of the main
structure. For a substantial improvement, the actual start of construction
means the first alteration of any wall, ceiling, floor, or other structural part of
the building, whether or not that alteration affects the external dimensions of
the building.
“Structure” means anything constructed or erected on the ground or attached
to the ground, including (but not limited to) buildings, factories, sheds, cabins,
factor-built homes, storage tanks, and other similar uses.
“Substantial damage” means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before-damage condition
would equal or exceed 50 percent of the market value of the structure before
the damage occurred.
“Substantial improvement” means any improvement to a structure which
satisfies either of the following criteria:
(1) Any repair, reconstruction, or improvement of a structure, the
cost of which equals or exceeds 50 percent of the market value of the
structure, either: (i) before the “start of construction” of the
improvement; or (ii) if the structure has been “substantially damaged”
and is being restored, before the damage occurred. The term does
not, however, include any project for improvement of a structure to
comply with existing State or local health, sanitary, or safety code
specifications which are solely necessary to assure safe conditions for
the existing use. The term also does not include any alteration of an
“historic structure,” provided the alteration will not preclude the
structure’s designation as an “historic structure.”
(2) Any addition which increases the original floor area of a
building by 25 percent or more. All additions constructed after
February 16, 2007, shall be added to any proposed addition in
determining whether the total increase in original floor space would
exceed 25 percent.
“Variance” means a grant of relief by a community from the terms of the
flood plain management regulations.
“Violation” means the failure of a structure or other development to be fully
compliant with this section.
2. Lands to Which Section Applies. The provisions of this section shall apply to
all lands within the jurisdiction of the City shown on the Official Flood Plain Zoning
Map as being within the boundaries of the Floodway, Floodway Fringe, General
Flood Plain and Shallow Flooding Overlay Districts, as established subsection 9 of
this section.
3. Establishment of Official Flood Plain Zoning Overlay Map. The Flood
Insurance Rate Map (FIRM), Panels 045, 065, 160, and 180, prepared as part of the
Flood Insurance Study for the City, dated February 16, 2007, are hereby adopted by
reference and declared to be the Official Flood Plain Zoning Map. The flood profiles

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and all explanatory material contained with the Flood Insurance Study are also
declared to be a part of this section.
4. Rules for Interpretation of District Boundaries. The boundaries of the zoning
district areas shall be determined by scaling distances on the Official Flood Plain
Zoning Overlay Map. When an interpretation is needed as to the exact location of a
boundary, the City Engineer shall make the necessary interpretation. The Board of
Adjustment shall hear and decide appeals when it is alleged that there is an error in
any requirement, decision, or determination made by the Code Official in the
enforcement or administration of this section.
5. Compliance. No structure or land shall hereafter be used and no structure
shall be located, extended, converted, or structurally altered without full compliance
with the terms of this section and other applicable regulations which apply to uses
within the jurisdiction of this section.
6. Abrogation and Greater Restrictions. It is not intended by this section to
repeal, abrogate, or impair any existing easements, covenants, or deed restrictions.
However, where this section imposes greater restrictions, the provision of this section
shall prevail. All other ordinances inconsistent with this section are hereby repealed
to the extent of the inconsistency only.
7. Interpretation. In their interpretation and application, the provisions of this
section shall be held to be minimum requirements and shall be liberally construed in
favor of the Council and shall not be deemed a limitation or repeal of any other
powers granted by State statutes.
8. Warning and Disclaimer of Liability. The standards required by this section
are considered reasonable for regulatory purposes. This section does not imply that
areas outside the designated Flood Plain Overlay District areas will be free from
flooding or flood damages. This section shall not create liability on the part of the
City or any officer or employee thereof for any flood damages that result from
reliance on this section or any administrative decision lawfully made hereunder.
9. Establishment of Zoning Overlay Districts. The flood plain areas within the
jurisdiction of this section are hereby divided into the following districts: Floodway
District (FW), Floodway Fringe District (FF), General Flood Plain District (FP), and
Shallow Flooding District (SF). The boundaries shall be as shown on the Official
Flood Plain Zoning Map. Within these districts, all uses not allowed as permitted uses
or permissible as conditional uses are prohibited unless a variance to the terms of this
section is granted after due consideration by the Board of Adjustment.
10. Floodway Overlay District (FW).
A. Permitted Uses. The following uses are permitted within the
Floodway District to the extent they are not prohibited by any other ordinance
(or underlying zoning district) and provided they do not include placement of
structures, factory-built homes, fill or other obstruction, the storage of
material or equipment, excavation, or alteration of a watercourse.
(1) Agricultural uses such as general farming, pasture, grazing,
outdoor plant nurseries, horticulture, viticulture, truck farming,
forestry, sod farming, and wild crop harvesting.
(2) Industrial-commercial uses such as loading areas, parking
areas, airport landing strips.

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(3) Private and public recreational uses such as golf courses,

tennis courts, driving ranges, archery ranges, picnic grounds, boat
launching ramps, swimming areas, parks, wildlife and nature
preserves, game farms, fish hatcheries, shooting preserves, target
ranges, trap and skeet ranges, hinting and fishing areas, hiking and
horseback riding trails.
(4) Residential uses such as lawns, gardens, parking areas, and
play areas.
(5) Such other open-space uses similar in nature to the above
uses.
B. Conditional Uses. The following uses which involve structures
(temporary or permanent), fill, storage of materials or equipment, excavation
or alteration of a watercourse may be permitted only upon issuance of a
Conditional Use Permit by the Board of Adjustment as provided for in
subsection 16 of this section. Such uses must also meet the applicable
provisions of the Floodway District Performance Standards.
(1) Uses or structures accessory to open space uses.
(2) Circuses, carnivals, and similar transient amusement enterprises.
(3) Drive-in theaters, new and used car lots, roadside stands,
signs, and billboards
(4) Extraction of sands, gravel, and other materials.
(5) Marinas, boat rentals, docks, piers and wharves.
(6) Utility transmission lines and underground pipelines.
(7) Other uses similar in nature to uses described in subsection A
and in this subsection B which are consistent with the provisions of
subsection C and the general spirit and purpose of this section.
C. Performance Standards. All Floodway District uses allowed as a
permitted or conditional use shall meet the following standards.
(1) No use shall be permitted in the Floodway District that would
result in any increase in the 100-year flood level. Consideration of
the effects of any development on flood levels shall be based upon the
assumption that an equal degree of development would be allowed for
similarly situated lands.
(2) All uses within the Floodway District shall:
(a) Be consistent with the need to minimize flood
damage;
(b) Use construction methods and practices that will
minimize flood damage;
(c) Use construction materials and utility equipment that
are resistant to flood damage.
(3) No use shall affect the capacity or conveyance of the channel
or floodway of any tributary to the main stream, drainage ditch or ally
other drainage facility or system.

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(4) Structures, buildings, and sanitary and utility systems, if

permitted, shall meet the applicable performance standards of the
Floodway Fringe District and shall be constructed or aligned to
present the minimum possible resistance to flood flows.
(5) Buildings, if permitted, shall have a low flood damage
potential and shall not be for human habitation.
(6) Storage of equipment or materials that are buoyant,
flammable, explosive, or injurious to human, animal, or plant life is
prohibited. Storage of other material may be allowed if readily
removable from the Floodway District within the time available after
flood warning.
(7) Watercourse alterations or relocations (channel changes and
modifications) must be designed to maintain the flood carrying
capacity within the altered or relocated portion. In addition, such
alterations or relocations must be approved by the Department of
Natural Resources.
(8) Any fill allowed in the floodway must be shown to have some
beneficial purpose and shall be limited to the minimum amount
necessary.
(9) Pipeline, river, or stream crossings shall be buried in the
streambed and banks or otherwise sufficiently protected to prevent
rupture due to channel degradation and meandering or due to the
action of flood flows.
11. Floodway Fringe (Overlay) District (FF).
A. Permitted Uses. All uses within the Floodway Fringe District shall be
permitted to the extent that they are not prohibited by any other ordinance (or
underlying zoning district) and provided they meet applicable performance
standards of the Floodway Fringe District.
B. Performance Standards. All uses must be consistent with the need to
minimize flood damage and meet the following applicable performance
standards.
(1) All Structures. All structures shall:
(a) Be adequately anchored to prevent flotation, collapse,
or lateral movement of the structure.
(b) Use construction methods and practices that will
minimize flood damage.
(c) Use construction equipment and materials that are
resistant to flood damage.
(2) Residential Buildings. All new or substantially improved
residential structures shall have the lowest floor, including basement,
elevated a minimum of one foot above the 100-year flood level.
Construction shall be upon compacted fill which shall, at all points,
be no lower than one foot above the 100-year flood level and extend
at such elevation at least 18 feet beyond the limits of any structure
erected thereon. Alternate methods of elevating (such as piers) may

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be allowed subject to favorable consideration by the Board of

Adjustment, where existing topography, street grades, or other factors
preclude elevating by fill. In such cases, the methods used must be
adequate to support the structure as well as withstand the various
forces and hazards associated with flooding. All new residential
structures shall be provided with a means of access which will be
passable by wheeled vehicles during the 100-year flood.
(3) Nonresidential Buildings. All new or substantially improved
nonresidential buildings shall have the lowest floor (including
basement) elevated a minimum of one foot above the 100-year flood
level or, together with attendant utility and sanitary systems, be flood
proofed to such a level. When flood proofing is utilized, a
professional engineer registered in the State of Iowa shall certify that
the flood proofing methods used are adequate to withstand the flood
depths, pressures, velocities, impact, and uplift forces and other
factors associated with the 100-year flood; and that the structure,
below the 100-year flood level, is watertight with walls substantially
impermeable to the passage of water. A record of the certification
indicating the specific elevation (in relation to National Geodetic
Vertical Datum) to which any structures are flood proofed shall be
maintained by the Administrator.
(4) All New and Substantially Improved Structures. Fully
enclosed areas below the lowest floor (not including basements) that
are subject to flooding shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry
and exit of floodwaters. Designs for meeting this requirement must
either be certified by a registered professional engineer or meet or
exceed the following minimum criteria:
(a) A minimum of two openings having a total net area
of not less than one square inch for every square foot of
enclosed area subject to flooding shall be provided.
(b) The bottom of all openings shall be no higher than
one foot above grade.
(c) Openings may be equipped with screens, louvers,
valves, or other coverings or devices provided they permit the
automatic entry and exit of floodwaters.
Such areas shall be used solely for parking of vehicles, building
access and low damage potential storage. New and substantially
improved structures must be designed (or modified) and adequately
anchored to prevent flotation, collapse, or lateral movement of the
structure resulting from hydrodynamic and hydrostatic loads,
including the effects of buoyancy. New and substantially improved
structures must be constructed with electrical, heating, ventilation,
plumbing, and air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from entering
or accumulating within the components during conditions of flooding.

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(5) Factory-Built Homes.

(a) All factory-built homes, including those placed in
existing factory-built home parks or subdivisions, shall be
elevated on a permanent foundation such that the lowest floor
of the structure is a minimum of one foot above the 100-year
flood level.
(b) All factory-built homes, including those placed in
existing factory-built home parks or subdivisions, shall be
anchored to resist flotation, collapse, or lateral movement.
Methods of anchoring may include, but are not limited to, use
of over-the-top or frame ties to ground anchors.
(6) Utility and Sanitary Systems.
(a) On-site waste disposal and water supply systems
shall be located or designed to avoid impairment to the
system or contamination from the system during flooding.
(b) All new and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration of
floodwaters into the system as well as the discharge of
effluent into floodwaters. Wastewater treatment facilities
(other than on-site systems) shall be provided with a level of
flood protection equal to or greater than one foot above the
100-year flood elevation.
(c) New or replacement water supply systems shall be
designed to minimize or eliminate infiltration of floodwaters
into the system. Water supply treatment facilities (other than
on-site systems) shall be provided with a level of protection
equal to or greater than one foot above the 100-year flood
elevation.
(d) Utilities such as gas or electrical systems shall be
located and constructed to minimize or eliminate flood
damage to the system and the risk associated with such flood
damaged or impaired systems.
(7) Flammable or Explosive Materials. Storage of materials and
equipment that are flammable, explosive, or injurious to human,
animal, or plant life is prohibited unless elevated a minimum of one
foot above the 100-year flood level. Other material and equipment
must either be similarly elevated or: (i) not subject to major flood
damage and anchored to prevent movement due to flood waters; or
(ii) readily removable from the area within the time available after
flood warning.
(8) Levees and Floodwalls. Flood control structural works such
as levees, flood walls, etc, shall provide, at a minimum, protection
from a 100-year flood with a minimum of three feet of design
freeboard and shall provide for adequate interior drainage. In
addition, structural flood control works shall be approved by the
Department of Natural Resources.

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(9) Watercourse Alterations. Watercourse alterations or

relocations must be designed to maintain the flood carrying capacity
within the altered or relocated portion. In addition, such alterations or
relocations must be approved by the Department of Natural
Resources.
(10) Subdivisions. Subdivisions (including factory-built home
parks and subdivisions) shall be consistent with the need to minimize
flood damages and shall have adequate drainage provided to reduce
exposure to flood damage. Development associated with subdivision
proposals (including the installation of public utilities) shall meet the
applicable performance standards of this section. Subdivision
proposals intended for residential use shall provide all lots with a
means of access which will be passable by wheeled vehicles during
the 100-year flood. Proposals for subdivisions greater than five acres
or 50 lots (whichever is less) shall include 100-year flood elevation
data for those areas located within the Flood Plain (Overlay) District.
(11) Accessory Structures. Detached garages, sheds, and similar
structures accessory to a residential use are exempt from the 100-year
flood elevation requirements where the following criteria are
satisfied.
(a) The structure shall not be used for human habitation.
(b) The structure shall be designed to have low flood
damage potential
(c) The structure shall be constructed and placed on the
building site so as to offer minimum resistance to the flow of
floodwaters.
(d) The structure shall be firmly anchored to prevent
flotation which may result in damage to other structures.
(e) The structure's service facilities such as electrical and
heating equipment shall be elevated or flood proofed to at
least one foot above the 100-year flood level.
Exemption from the 100-year flood elevation requirements for such a
structure may result in increased premium rates for flood insurance
coverage of the structure and its contents.
(12) Recreational Vehicles. Recreational vehicles are exempt
from the requirements of subsection (5) of these performance
standards regarding anchoring and elevation of factory-built homes
when the following criteria are satisfied.
(a) The recreational vehicle shall be located on the site
for less than 180 consecutive days.
(b) The recreational vehicle must be fully licensed and
ready for highway use. A recreational vehicle is ready for
highway use if it is on its wheels or jacking system, and is
attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions.

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Recreational vehicles that are located on the site for more than 180
consecutive days or that are not ready for highway use must satisfy
requirements of said subsection (5) of these performance standards
regarding anchoring and elevation of factory-built homes.
(13) Pipelines. Pipeline river and stream crossings shall be buried
in the streambed and banks, or otherwise sufficiently protected to
prevent rupture due to channel degradation and meandering.
12. General Flood Plain (Overlay) District (FP).
A. Permitted Uses. The following uses shall be permitted within the
General Flood Plain District to the extent they are not prohibited by any other
ordinance (or underlying zoning district) and provided they do not include
placement of structures, factory-built homes, fill or other obstructions, the
storage of materials or equipment, excavation or alteration of a watercourse.
(1) Agricultural uses such as general farming, pasture, grazing,
outdoor plant nurseries, horticulture, viticulture, truck farming,
forestry, sod farming, and wild crop harvesting.
(2) Industrial-commercial uses such as loading areas, parking
areas, airport landing strips.
(3) Private and public recreational uses such as golf courses,
tennis courts, driving ranges, archery ranges, picnic grounds, boat
launching ramps, swimming areas, parks, wildlife and nature
preserves, game farms, fish hatcheries, shooting preserves, target
ranges, trap and skeet ranges, hunting and fishing areas, hiking and
horseback riding trails.
(4) Residential uses such as lawns, gardens, parking areas and
play areas.
B. Conditional Uses. Any uses which involve placement of structures,
factory-built homes, fill or other obstructions, storage of materials or
equipment, excavation or alteration of a watercourse may be allowed only
upon issuance of a conditional use permit by the Board of Adjustment as
provided for in subsection 16 of this section. All such uses shall be reviewed
by the Department of Natural Resources to determine: (i) whether the land
involved is either wholly or partly within the floodway or floodway fringe;
and (ii) the 100-year flood level. The applicant shall be responsible for
providing the Department of Natural Resources with sufficient technical
information to make the determination.
C. Performance Standards.
(1) All conditional uses, or portions thereof, to be located in the
floodway as determined by the Department of Natural Resources shall
meet the applicable provisions and standards of the Floodway
(Overlay) District (subsection 10 of this section).
(2) All conditional uses, or portions thereof, to be located in the
floodway fringe as determined by the Department of Natural
Resources shall meet the applicable provisions and standards of the
Floodway Fringe (Overlay) District (subsection 11 of this section).

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13. Shallow Flooding (Overlay) District (SF).

A. Permitted Uses. All uses within the Shallow Flooding District shall be
permitted to the extent that they are not prohibited by any other ordinance (or
underlying zoning district) and provided they meet the applicable
performance standards of the Shallow Flooding District.
B. Performance Standards. The performance standards for the Shallow
Flooding District shall be the same as the performance standards for the
Floodway Fringe District with the following exceptions:
(1) In shallow flooding areas designated as an AO Zone on the
Flood Insurance Rate Map, the minimum flood proofing/flood
protection elevation shall be equal to the number of feet as specified
on the FIRM (or a minimum of two feet if no number is specified)
above the highest natural grade adjacent to the structure.
(2) In shallow flooding areas designated as an AH Zone on the
Flood Insurance Rate Map, the minimum flood proofing/flood
protection elevation shall be equal to the elevation as specified on the
FIRM.
14. Appointment, Duties and Responsibilities of Zoning Administrator.
A. The Code Official is hereby appointed to implement and administer
the provisions of this section and will herein be referred to as the
Administrator.
B. Duties and responsibilities of the Administrator include (but are not
necessarily limited to) the following:
(1) Review all flood plain development permit applications to
assure that the provisions of this section will be satisfied.
(2) Review flood plain development applications to assure that
all necessary permits have been obtained from Federal, State, and
local governmental agencies including approval when required from
the Department of Natural Resources for flood plain construction.
(3) Record and maintain a record of: (i) the elevation (in relation
to National Geodetic Vertical Datum) of the lowest floor, including
basement, of all new or substantially improved structures; or (ii) the
elevation to which new or substantially improved structures have
been flood proofed.
(4) Notify adjacent communities/counties and the Department of
Natural Resources prior to any proposed alteration or relocation of a
watercourse and submit evidence of such notifications to the Federal
Emergency Management Agency.
(5) Keep a record of all permits, appeals, and such other
transactions and correspondence pertaining to the administration of
this section.
(6) Submit to the Federal Insurance Administrator an annual
report concerning the community's participation, utilizing the annual
report form supplied by the Federal Insurance Administrator.

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(7) Notify the Federal Insurance Administration of any

annexations or modifications to the community’s boundaries.
(8) Review subdivision proposals to insure such proposals are
consistent with the purpose of this section and advise the Council of
potential conflict.
15. Flood Plain Development Permit.
A. Permit Required. A flood plain development permit issued by the
Administrator shall be secured prior to any flood plain development (any
manmade change to improved and unimproved real estate, including but not
limited to buildings or other structures, mining, filling, grading, paving,
excavation or drilling operations), including the placement of factory-built
homes.
B. Application for Permit. Application shall be made on forms furnished
by the Administrator and shall include the following:
(1) Description of the work to be covered by the permit for which
application is to be made.
(2) Description of the land on which the proposed work is to be
done (e.g., lot, block, track, street address or similar description) that
will readily identify and locate the work to be done.
(3) Indication of the use or occupancy for which the proposed
work is intended.
(4) Elevation of the 100-year flood.
(5) Elevation (in relation to National Geodetic Vertical Datum)
of the lowest floor, including basement of buildings or of the level to
which a building is to be flood proofed.
(6) For buildings being improved or rebuilt, the estimated cost of
improvements and market value of the building prior to the
improvements.
(7) Such other information as the Administrator deems
reasonably necessary (e.g., drawings or a site plan) for the purpose of
this section.
C. Action on Permit Application. The Administrator shall, within a
reasonable time, make a determination as to whether the proposed flood plain
development meets the applicable standards of this section and shall approve
or disapprove the application. For disapprovals, the applicant shall be
informed, in writing, of the specific reasons therefor. The Administrator shall
not issue permits for variances except as directed by the Board of Adjustment.
D. Construction and Use to be as Provided in Application and Plans.
Flood plain development permits based on the basis of approved plans and
applications authorize only the use, arrangement, and construction set forth in
such approved plans and applications and no other use, arrangement or
construction. Any use, arrangement, or construction at variance with that
authorized shall be deemed a violation of this chapter. The applicant shall be
required to submit certification by a professional engineer or land surveyor, as
appropriate, registered in the State of Iowa, that the finished fill, building

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floor elevations, flood proofing, or other flood protection measures were

accomplished in compliance with the provisions of this section, prior to the
use or occupancy of any structure.
16. Conditional Uses, Appeals and Variances.
A. Duties of Board of Adjustment. A Board of Adjustment shall hear
and decide: (i) applications for conditional uses upon which the Board is
authorized to pass under this section; (ii) appeals; and (iii) requests for
variances to the provisions of this section, and shall take any other action
which is required of the Board.
B. Conditional Uses. Requests for conditional uses shall be submitted to
the Administrator, who shall forward such to the Board of Adjustment for
consideration. Such requests shall include information ordinarily submitted
with applications as well as any additional information deemed necessary to
the Board of Adjustment.
C. Appeals. Where it is alleged there is any error in any order,
requirement, decision, or determination made by an administrative official in
the enforcement of this section, the aggrieved party may appeal such action.
The notice of appeal shall be filed with the Board of Adjustment and with the
official from whom the appeal is taken and shall set forth the specific reason
for the appeal. The official from whom the appeal is taken shall transmit to
the Board of Adjustment all the documents constituting the record upon which
the action appealed from was taken.
D. Variance. The Board of Adjustment may authorize upon request in
specific cases such variances from the terms of this section that will not be
contrary to the public interest where, owing to special conditions, a literal
enforcement of the provisions of this section will result in unnecessary
hardship. Variances granted must meet the following applicable standards.
(1) Variances shall only be granted upon: (i) a showing of good
and sufficient cause, (ii) a determination that failure to grant the
variance would result in exceptional hardship to the applicant, and
(iii) a determination that the granting of the variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public or conflict with existing local codes or
ordinances.
(2) Variances shall not be issued within any designated floodway
if any increase in flood levels during the 100-year flood would result.
Consideration of the effects of any development on flood levels shall
be based upon the assumption that an equal degree of development
would be allowed for similarly situated lands.
(3) Variances shall only be granted upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
(4) In cases where the variance involves a lower level of flood
protection for buildings than what is ordinarily required by this
section, the applicant shall be notified in writing over the signature of

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the Administrator that: (i) the issuance of a variance will result in

increased premium rates for flood insurance up to amounts as high as
$25.00 for $100.00 of insurance coverage; and (ii) such construction
increases risks to life and property.
(5) All variances granted shall have the concurrence or approval
of the Department of Natural Resources.
E. Hearings and Decisions of the Board of Adjustment.
(1) Hearings. Upon the filling with the Board of Adjustment of
an Appeal, an application for a Conditional Use or a request for a
Variance, the Board shall hold a public hearing. The Board shall fix a
reasonable time for the hearing and give public notice thereof, as well
as due notice to parties in interest. At the hearing, any party may
appear in person or by agent or attorney and present written or oral
evidence. The Board may require the appellant or applicant to
provide such information as is reasonably deemed necessary and may
request the technical assistance and/or evaluation of a professional
engineer or other expert person or agency, including the Department
of Natural Resources.
(2) Decisions. The Board shall arrive at a decision on an appeal,
conditional use, or variance within a reasonable time. In passing
upon an appeal, the Board may, so long as such action is in
conformity with the provisions of this section, reverse or affirm,
wholly or in part, or modify the order, requirement, decision, or
determination appealed from, and it shall make its decision, in
writing, setting forth the findings of fact and the reasons for its
decision. In granting a conditional use or variance, the Board shall
consider such factors as contained in this subsection and all other
relevant parts of this section and may prescribe such conditions as
contained in subsection 18 of this section.
17. Factors Upon Which the Decision of the Board of Adjustment Shall be Based.
In passing upon applications for variances, the Board shall consider all relevant
factors specified in this section and:
A. The danger to life and property due to increased flood heights or
velocities caused by encroachments.
B. The danger that materials may be swept on to other land or
downstream to the injury of others.
C. The proposed water supply and sanitation systems and the ability of
these systems to prevent disease, contamination, and unsanitary conditions.
D. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
E. The importance of the services provided by the proposed facility to
the City.
F. The requirements of the facility for a flood plain location.
G. The availability of alternative locations not subject to flooding for the
proposed use.

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H. The compatibility of the proposed use with existing development and

development anticipated in the foreseeable future.
I. The relationship of the proposed use to the comprehensive plan and
flood plain management program for the area.
J. The safety of access to the property in times of flood for ordinary and
emergency vehicles.
K. The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters expected at the site.
L. The cost of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities (sewer, gas,
electrical and water systems), facilities, streets, and bridges.
M. Such other factors which are relevant to the purpose of this section.
18. Conditions Attached to Variances. Upon consideration of the factors listed
above, the Board of Adjustment may attach such conditions to the granting of
variances as it deems necessary to further the purpose of this section. Such conditions
may include, but not necessarily be limited to:
A. Modification of waste disposal and water supply facilities.
B. Limitation of periods of use and operation.
C. Imposition of operational controls, sureties, and deed restrictions.
D. Requirements for construction of channel modifications, ditches,
levees and other protective measures, provided such are approved by the
Department of Natural Resources and are deemed the only practical
alternative to achieving the purpose of this section.
E. Flood proofing measures shall be designed consistent with the flood
protection elevation for the particular area, flood velocities, durations, rate of
rise, hydrostatic and hydrodynamic forces, and other factors associated with
the regulatory flood. The Board of Adjustment shall require that the applicant
submit a plan or document certified by a registered professional engineer that
the flood proofing measures are consistent with the regulatory flood
protection elevation and associated flood factors for the particular area.
19. Appeals to the Court. Any person or persons, jointly or severally, aggrieved
by any decision of the Board of Adjustment may present to a court of record a
petition, duly verified, setting forth that such decision is illegal, in whole or in part,
specifying the grounds of the illegality. Such petition shall be presented to the court
within thirty days after the filing of the decision in the office of the Board.
20. Nonconforming Uses. A structure or the use of a structure or premises which
was lawful before the passage or amendment of this section, but which is not in
conformity with the provisions of this section, may be continued subject to the
following conditions:
A. If such use is discontinued for 12 consecutive months, any future use
of the building premises shall conform to this section.
B. Uses or adjuncts thereof that are or become nuisances shall not be
entitled to continue as nonconforming uses.

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C. If any nonconforming use or structure is destroyed by any means,

including flood, it shall not be reconstructed if the cost is more than 50
percent of the market value of the structure before the damage occurred,
unless it is reconstructed in conformity with the provisions of this section.
Except as provided in subsection B above, any use which has been permitted as a
conditional use or variance shall be considered a conforming use.

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168.12 PAD ZONE – PLANNED AREA DEVELOPMENT OVERLAY DISTRICT.

1. Defined. A Planned Area Development Zone District is intended to
encourage innovation and flexibility in planning the development of land so
development is compatible with the site’s physical and environmental characteristics.
This district allows for flexibility in zone district requirements. The Planned Area
Development District provides an opportunity for the development of a mixture of
uses and housing types in a coordinated manner. The intent of the underlying zone
district shall guide the development. It is incumbent upon the person proposing the
PAD to justify the project, and any variations from the underlying zone district. A
PAD is considered an amendment to the underlying zone district regulations. Section
165.04(2) specifies the PAD requirements.
2. General. Planned area developments may be allowed by Council approval in
any zoning district. No such planned area development permit shall be granted unless
such development either meets the use limitations of the zoning district in which it is
located and the density and other limitations of such district, except as such
requirements may be lawfully modified as provided by this code. Compliance with
the regulations of this section in no way excuses the developer from the applicable
requirements of a subdivision ordinance, except as modifications thereof are
specifically authorized in the approval of the application for the planned area
development.
3. Conditions.
A. Area. No planned area development shall have area less than that
approved by the Council as adequate for the proposed development.
B. Uses. A planned area development that will contain uses not
permitted in the zoning district in which it is to be located will require a
change of zoning and shall be accompanied by an application for a zoning
amendment, except that any residential use shall be considered a permitted
use and shall be governed by density, design and other requirements of the
planned area development permit.
C. Ownership. The development shall be in single or corporate
ownership at the time of application, or the subject of an application filed
jointly by all owners of the property.
D. Design. The Commission and Council shall require such
arrangements of structures and open spaces within the site development plan
as necessary to ensure that adjacent properties will not be adversely affected.
(1) Density. Density of land use shall in no case be more than 25
percent higher than allowed in the zoning district, except not more
than 10 percent higher in residential districts.
(2) Arrangement. Where feasible, the least height and density of
buildings and uses shall be arranged around the boundaries of the
development.
(3) Specific Regulations. Lot area, width, yard, height, density,
and coverage regulations shall be determined by approval of the site
plan.

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E. Open Spaces. Preservation, maintenance, and ownership of required

open spaces within the development shall be accomplished by either:
(1) Dedication of land as a public park or parkway system, or
(2) Granting to the jurisdiction a permanent, open space
easement on and over the said private open space to guarantee that the
open space remain perpetually in recreational use, with ownership
and maintenance being the responsibility of an owners’ association
established with articles of association and bylaws which are
satisfactory to the Council.
F. Landscaping. Landscaping, fencing, and screening related to the uses
within the site and as means of integrating the proposed development into its
surroundings shall be planned and presented to the Commission and Council
for approval, together with other required plans for the development. A
planting plan showing proposed tree and shrubbery plantings shall be
prepared for the entire site to be developed. A grading and drainage plan shall
also be submitted to the Commission and Council with the application.
G. Signs. The size, location, design, and nature of signs, if any, and the
intensity and direction of floodlighting shall be detailed in the application.
H. Exterior Lighting. The size, material type, location, and intensity of
all exterior lighting shall be detailed in the application.
I. Desirability. The proposed use of the particular location shall be
shown, as necessary or desirable, to provide a service or facility which will
contribute to the general well-being of the surrounding area. It shall also be
shown that under the circumstances of the particular case, the proposed use
will not be detrimental to the health, safety, or general welfare of persons
residing in the vicinity of the planned area development.
4. Commission and Council Determination. In carrying out the intent of this
section, the Commission and Council shall consider the following principles:
A. It is the intent of this section that site and building plans for a planned
area development shall be prepared by a designer or team of designers having
professional competence in urban planning as proposed in the application.
The Commission and Council may require the applicant to engage such
expertise as a qualified designer or designer team.
B. The Council may approve or disapprove an application for a planned
area development. In approval, the Council may attach such conditions as it
may deem necessary to secure compliance with the purpose set forth in this
chapter.
5. Commission and Council Action.
A. Approval. In order that it may approve a planned area development,
the Council shall have authority to require that the following conditions
(among others it deems appropriate) be met by the applicant:
(1) The proponents of the planned area development shall
demonstrate to the satisfaction of the Council that they are financially
able to carry out the proposed project.

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(2) The proponents intend to start construction within one year of

either approval of the project or of any necessary zoning district
change, and intend to complete said construction, or approved stages
thereof, within four years from the date construction begins.
B. Limitations on Application.
(1) Upon approval of a planned area development, construction
shall proceed only in accordance with the plans and specifications
approved by the Council, and in conformity with any conditions
attached by the jurisdiction as to its approval.
(2) Amendment to approved plans and specifications to a
planned area development shall be obtained only by following
procedures here outlined for first approval.
(3) The Code Official shall not issue any permit for any proposed
building, structure or use within the project unless such building,
structure, or use is in accordance with the approved development plan
and any conditions imposed in conjunction with its approval.

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168.13 OPS ZONE – PENN STREET OVERLAY DISTRICT.

1. Defined. The OPS Penn Street Overlay District is intended to enhance the
visual appearance and image of the Penn Street Corridor and advance the public
welfare through the resulting benefits to the economy and quality of life for the City.
The City has recognized the importance of Penn Street to the City, the impact its
character has on the image of the community, and the need to provide restrictions and
guidelines to enhance the visual appearance and image of Penn Street.
2. Applicability. This chapter shall apply to the OPS Penn Street Overlay
District shown on the Official Zoning Map of the City. If the restrictions, regulations,
and guidelines the OPS Penn Street Overlay District require standards that are greater
or different than those set forth in the underlying zoning district, the requirements and
standards of this section shall govern.
3. Requirements. On-site open space and landscaping shall be the same as
required for the underlying zoning district, with the following additional requirements
for Penn Street frontage:
A. A maximum three-foot-high berm shall be constructed within 10 feet
of the edge of Penn Street right-of-way.
B. The developer shall plant bushes or other plantings on top of such
berm that will grow to no less than two feet in height at maturity.
C. The total height of a berm and shrubs shall not exceed six feet in
height.
D. All trees shall have a two-inch diameter at the time of planting.
E. Trees from the approved tree list (which is on file at City Hall) and in
Chapter 150 of this Code of Ordinances and of the same variety shall be
planted in groupings of three on the lot line corners for every lot that abuts
Penn Street, but no closer than 80 feet to the next group. If lots are wider than
240 feet, groupings of three trees shall be located every 80 feet on the lot
frontage abutting Penn Street, or as recommended by staff and approved by
the Commission and Council. Corner lots abutting Penn Street and abutting
another public access will be required to continue with one set of three trees
along the abutting access but no further than 80 feet along the abutting access.
(See illustrations which are available at City Hall.)
F. Properties abutting Penn Street will be responsible for constructing
sidewalks along Penn Street. Sidewalks will be eight feet wide on both sides
of Penn Street and the developer will be allowed to escrow the cost of the
sidewalk with the City. Construction of the sidewalks for the Penn Street
right-of-way will be scheduled and completed by the City.
G. All lighting for the site shall be submitted with the site plan.
H. The buildings to be built on lots abutting Penn Street shall be
constructed using masonry products, and appropriate glass products.
Buildings must also complement existing buildings within the OPS District.
I. Only monument signs as defined in Chapter 173 of this code will be
allowed within the Penn Street Overlay District.

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J. Pole signs as defined in Chapter 173 are not permitted within the
Penn Street Overlay District except as follows: One pole sign will be allowed
in each quadrant of the interchange within 1,000 feet of the traveled portion of
Interstate 380.
K. A bike rack shall be required with site plans and PADS for properties
within the Penn Street Overlay District that have 20 or more regular or
compact required parking spaces. The detail for the bike rack will be shown
in the construction standards for the City.
4. Enforcement. The Commission shall have the power to recommend denial
and the Council shall have the power to deny any site plan or PAD that does not
conform to the regulations in this section.
5. District Area. The Penn Street Overlay District shall be those lots that abut
Penn Street and are zoned Multi-Family, Multi-Family PAD, Commercial and
Industrial.

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CHAPTER 169
ZONING CODE – DEVELOPMENT REGULATIONS

169.01 Off-Street Parking 169.08 Supplemental Yard and Height Regulations
169.02 Landscaping Requirements 169.09 Approval for and Availability of Essential Services
169.03 Grading and Excavation Regulations 169.10 Minimum Structure Requirements
169.04 Trash and Recycling Enclosure 169.11 Duplex Common Wall Requirements
169.05 Fence Requirements 169.12 Design Standards
169.06 Location of Accessory Buildings and Uses 169.13 Other Design Standards
169.07 Supplemental Lot Regulations 169.14 Enforcement of Design Standards
169.01 OFF-STREET PARKING.

1. General. There shall be provided at the time of erection of any main building
or at any time such buildings are altered, enlarged, converted, or increased in capacity
– or when a change in the use would require additional parking – minimum off-street
parking space with adequate provision for ingress and egress by standard-sized
vehicles, in accordance with the requirements of this section.
2. Off-Street Loading Space Required. In any district every building or part
hereafter erected, having a gross floor area of 10,000 square feet or more, which is to
be occupied by manufacturing, storage, warehouse, goods display, retail store,
wholesales store, market, hotel, hospital, mortuary, office buildings, dry cleaning, or
similar uses which require the receipt or distribution by vehicles of material or
merchandise, there shall be provided and maintained on the same lot with such
building at least one off-street loading space, and for multiple-tenant
commercial/retail shopping centers, one additional such loading space for every
20,000 square feet or fraction thereof of gross floor area used in excess of 10,000
square feet, provided that the total number of loading spaces is not required to be
more than the total number of occupying tenants.
A. Each loading space shall be not less than 10 feet in width and 20 feet
in length for loading spaces not requiring loading dock access, and 50 feet in
length for loading dock access for trucks, designed in a manner acceptable to
the City providing adequate space for loading access.
B. Such loading area may occupy part of a required yard or court space,
except yard or court space required by bulk regulations specified in each
zoning district, and provided the loading area and access roadways meet all
setback required of off-street parking areas as set forth in subsection 10 of this
section.
C. Loading yards and loading docks shall be buffered from the general
public view, public street, public buildings, recreation facilities, parks,
schools, places of assembly, residential zones and uses, and from all other
adjoining properties where is determined said loading areas are considered
offensive to more restrictive adjoining uses.
D. All loading yards and access to loading yards and loading docks shall
be paved with asphaltic or Portland cement concrete pavement in accordance
with surfacing requirements set forth in subsection 11 of this section.

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CHAPTER 169 ZONING CODE – DEVELOPMENT REGULATIONS
3. Required Number of Parking Spaces. The off-street parking spaces required

for each use permitted by this code shall not be less than as set out in Table 169-A,
provided that any fractional parking space be computed as a whole space.
Notwithstanding the amount of off-street parking required by this code, the Code
Official may approve less off-street parking when the proponent of a use demonstrates
that, because of special circumstances involved with a particular use, it is obvious that
the off-street parking required by this code exceeds any reasonable likely need.
Table 169-A – Off-Street Parking Schedule

USE NUMBER OF PARKING SPACES REQUIRED
One- and Two-Family Dwelling 2 per dwelling unit
Multi-Family Units 2.2 per dwelling unit
Elderly Multi-Family Units 1.2 per dwelling unit
Vehicle Fueling and Service Station 1 for every 300 gross square feet, plus 1 per employee
Vehicle Repair Garage 1 for every 300 gross square feet, plus 1 per employee
Professional Office 1 for every 200 gross square feet
Retail 1 for every 200 gross square feet
Communication Equip Room 1 for every 2,000 gross square feet
Restaurant 1 for every 100 gross square feet
Restaurant, Delivery, No seating 1 for every 500 gross square feet, plus 1 per employee
Dance Hall 1 for every 100 gross square feet
Funeral Homes, Mortuaries 1 for every 200 gross square feet
Warehouse 1 for every 2,000 gross square feet, plus 1 per employee
Assembly 1 for every 4 seats provided
Place of Worship 1 for every 10 seats provided
Medical Office 1 for every 200 gross square feet
1 for every 3.5 seats in assembly rooms, plus 1 for each
Schools
faculty member
Radio and Television Station 1 for every 400 gross square feet
Hospital 1 for each bed, plus 1 for each employee
Hotel/Motels 1 for each guest room, plus 1 for every 500 square feet
Industry 1 for every 500 square feet
4. Parking Stall Dimensions.

A. Width. A minimum width of 9 feet shall be provided for each
parking stall, with the following exceptions:
(1) Compact parking stalls may be 8 feet wide.
(2) Parallel parking stall may be 8 feet wide.

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B. Length. A minimum length of 19 feet shall be provided for each

parking stall, with the following exceptions:
(1) Compact parking stall may be 15 feet in length.
(2) Parallel parking stalls shall be a minimum 22 feet in length.
5. Driveway Design. All parking facilities access drives located within the
public right-of-way shall be installed in accordance with the Municipal Design
Standards.
6. Driveway Width. Every parking facility shall be provided with one or more
access driveway, the width of which shall be the following:
A. RS and RD driveways – at least 10 feet
B. All other driveways and aisles – 12 feet for one-way enter/exit; 22
feet for two-way enter/exit.
7. Driveway and Ramp Slopes. The maximum slope of any driveway or ramp
shall not exceed 20 percent. Transition slopes in driveways and ramps shall be
provided in accordance with the Municipal Design Standards.
8. Stall Accessibility. Each required parking stall shall be individually and
easily accessible based on good engineering practice. No automobile shall be required
to back onto any public street or sidewalk to leave any parking stall when such stall
serves more than one- and two-family dwelling uses. All portions of a public lot or
garage shall be accessible to other portions thereof without requiring the use of any
public street.
9. Compact-to-Standard Stall Ratio. The maximum ratio of compact stalls to
standard stalls in any parking area shall not exceed 1 to 3.
10. Parking Facility and Loading Area Setback Requirements. Every public or
private off-street parking area and loading area shall be developed and maintained in
accordance with the following requirements:
Pavement to Property Line Minimum Setback Distance 1
District R.O.W. Line Side Lot Line Rear Lot Line
R 25 feet 2 3 feet 3 3 feet 4

R/FB 10 feet 5 5 feet 5 feet
C 10 feet 5 feet 5 feet
O/RP 25 feet 25 feet 10 feet
I 10 feet 5 feet 5 feet
1 The required setback area shall be landscaped in accordance with Section 169.02
2 RS and RD Districts driveways and any associated off-street parking areas may be
within the front yard, but shall not occupy greater than 50 percent of the area between
the building setback line and public right of way, shall not provide greater than one
parking space in addition to that provided in the travel portion of the driveway, and so
graded to dispose of surface water to the street or public designated storm water
drainage facilities.
3 Except for a lot line between zero lot development.
4 In all R districts the required parking area shall be at least 20 feet from any public or
private alley right-of-way line.
5 Except parking is permitted in the R-FB dwelling lot front yard area.

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11. Surface Material. All off-street parking, loading areas, and access drives shall
have a durable and dust-free surface paved with asphaltic or Portland cement concrete
pavement in accordance with the specifications as herein set forth. Off-street parking of
automobiles, vans, campers, trucks, trailers, tractors, recreational vehicles, boats,
construction equipment, and any other mobile vehicle equipped for street and highway
travel shall be on an asphaltic or Portland cement concrete paved off-street parking area
as required herein and not parked or stored within the landscaped open spaced area.
Exception: RS and RD Districts may store a boat, RV or camper less than 15,000
pounds in the side and rear yard landscaped area. All off-street parking areas and
associated driveway, access roadways, and frontage roads, except driveways for single-
family residences, shall be constructed with permanent, integrally attached 6-inch
Portland cement concrete high curbing or curbing of alternate height acceptable to the
City (prefabricated portable curb stops shall not be considered an acceptable alternate),
and shall be so graded and drained as to dispose of all surface water accumulation
within the area; and shall be so arranged and marked as to provide for orderly and safe
loading or unloading and parking and storage of self-propelled vehicles. The minimum
thickness of pavement of the parking facilities shall be as follows:
A. Portland cement concrete shall have a minimum thickness of four
inches for residential uses and five inches for all other uses. The subgrade
shall have a minimum subgrade modulus (K) of 150. Additional thickness of
Portland cement concrete may be utilized to create an equivalent subgrade
modulus if the existing subgrade modulus is less than 150.
B. Asphaltic concrete shall have a minimum thickness of four and one-
half inches for residential uses and five and one-half inches for all other uses.
The subgrade shall have a minimum CBR of 5. Additional thickness of
asphaltic concrete may be utilized to create equivalent CBR of the existing
CBR is less than 5. Pavement shall be designed in accordance with the
Asphalt Institute’s Thickness Design Manual.
12. Striping. All parking stalls shall be striped substantially. Exception: A
private garage or parking area for the exclusive use of a single-family dwelling.
13. Lighting Illumination Requirements. Exterior lighting shall relate to the scale
and location of the development in order to maintain adequate security while
preventing a nuisance or hardship to adjacent properties or streets. Except for lighting
of loading areas, service areas, and for architectural emphasis, floodlighting is
prohibited. Lighting shall comply with the following requirements.
A. Light fixtures 300 feet or less from a residential zone shall be
mounted no higher than 25 feet.
B. Light fixtures greater than 300 feet from a residential zone shall be
mounted no higher than 35 feet.
C. All lights greater than 2,000 lumens, both pole-mounted and wall-
mounted, shall be equipped with cutoff shields, so that no light shines above
the horizontal, and no direct light falls beyond the property line. Light
reflectors and refractors may be substituted for shields on ornamental and
pedestrian light fixtures.
D. Light fixtures used to illuminate flags, statues, and objects mounted
on a pole or pedestal shall use a narrow cone of light that does not extend
beyond the illuminated object.

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E. Outdoor recreational facilities permitted by conditional use may be

exempt from the specific exterior lighting standards, provided the Board of
Adjustment approves a lighting plan as part of the conditional use approval
process.
F. Illumination shall not exceed one foot-candle at property boundaries
of multi-family, commercial, and industrial uses adjacent to or across the
street from a residential zone, or a commercial zone in which residential uses
are permitted.
14. Parking Area Lighting Fixture. The City shall approve all exterior lighting
fixtures before installation. Wood utility poles shall not be used to support a parking
light fixture.
15. Handicapped Parking Requirements. Provision of handicapped parking stalls
within off-street parking and loading facilities shall be in accordance with the Code of
Iowa Chapter 104A and this code.
A. These requirements apply to all public and private parking facilities,
temporary or permanent, used by the general public.
(1) Parking spaces designated for physically disabled persons and
accessible passenger loading zones that serve a particular building
shall be located on the shortest possible accessible circulation route to
an accessible entrance of the building. In separate parking structures
or lots that do not serve a particular building, parking spaces for
physically disabled persons shall be located on the shortest possible
circulation route to an accessible pedestrian entrance of the parking
facility. When handicapped parking spaces are required for buildings
with more than one accessible entrance, the spaces shall be distributed
so that each accessible entrance shall have at least one parking space
located on the shortest accessible route to that entrance.
EXCEPTION: If the required number of spaces is less than the
number of accessible entrances, the spaces shall be distributed so that
as many entrances as possible are served by at least one handicapped
parking space located on the shortest accessible route to those
entrances.
(2) Single parking spaces designated for physically handicapped
people shall be at least 96 inches wide and shall have an adjacent
access aisle 60 inches wide (see Figure 1). Parking vehicle overhangs
shall not reduce the clear width of an accessible circulation route.
Parking spaces and access aisles shall be level with surface slopes not
exceeding 1:50 in all directions.
FIGURE 1

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(3) Two accessible parking spaces may share a common access

aisle. (See Figure 2.)
FIGURE 2
(4) The first parking space provided in a parking lot or parking

structure, and every eighth handicapped parking space provided
thereafter, shall be a van-accessible space. A van-accessible space
shall be 96 inches wide with an adjacent access aisle at least 96 inches
wide. (See Figure 3.) Two adjacent van-accessible spaces may share
a common access aisle.
FIGURE 3
EXCEPTION: Entities providing handicapped parking spaces are not

required to provide van-accessible spaces if all of the handicapped
parking spaces provided in a parking lot or structure are universally
accessible. A universally accessible space is at least 132 inches wide
with an adjacent 60-inch wide access aisle. Two adjacent universally
accessible spaces may share a common access aisle. (See Figure 4.)
FIGURE 4
(5) Passenger loading zones shall provide an access aisle at least 48

inches wide and 20 feet long adjacent and parallel to the vehicle pull-up
space. (See Figure 5.) Vehicle standing spaces and access aisles shall be
level with surface slopes not exceeding 1:50 in all directions.
FIGURE 5
NOTE: Projects which are required to comply with the Uniform

Federal Accessibility Standards shall provide a width of 60 inches for
the access aisle.

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(6) A minimum vertical clearance of 108 inches shall be

provided at accessible passenger loading zones and along vehicle
access routes to such areas from site entrances.
NOTE: Uniform Federal Accessibility Standards require 114 inches
of vertical clearance.
(7) If there are curbs between the access aisle and vehicle pull-up
space, then a curb ramp complying with Code of Iowa Section 216C
shall be provided.
(8) Accessible parking spaces shall be designated as reserved for
physically handicapped people by a sign having a blue background
and bearing the international symbol of accessibility in white. The
handicapped parking sign shall be affixed vertically on another object
so that it is readily visible to a driver of a motor vehicle approaching
the handicapped parking space. Each handicapped parking sign shall
include language stating the amount of fine for improperly using the
handicapped parking space.
(9) At least two percent of the total parking spaces in any off-
street nonresidential parking facility available to the public shall be
designated as handicapped spaces, rounded to the nearest whole
number of handicapped parking spaces, in compliance with the
provisions of this section. All off-street parking facilities which
provide 10 or more parking spaces shall designate handicapped
parking spaces in accordance with the following Table 169-B:
TABLE 169-B - HANDICAPPED PARKING SPACES
Required Required
Minimum Handicapped Minimum Handicapped
Number of Total Parking Spaces Number of Total Parking Spaces
Parking Spaces Parking Spaces
10 to 25 1 201 to 300 7
26 to 50 2 301 to 400 8
51 to 75 3 401 to 500 9
76 to 100 4 501 to 1,000 2% of total
101 to 150 5 1,001 and over 20 spaces plus 1 for
each 100 over
151 to 200 6 1,000
NOTE: Projects which are required to comply with the Uniform Federal
Accessibility Standards shall provide a minimum of one handicapped parking space.

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(10) All public and private buildings and facilities, temporary and
permanent, which are residences and which provide ten 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 visitors’ parking of
ten or more spaces shall designate handicapped parking spaces in the
visitors’ parking area in accordance with Table 169-B.
169.02 LANDSCAPING REQUIREMENTS.

1. Planting Requirements for Multi-Family, Commercial, Office Park, and
Industrial Districts. The following are the guidelines for landscaping:
A. All trees shall have a minimum trunk diameter of 1½ inches as
measured one foot above the ground. Any trees planted in the right-of-way
shall conform to Chapter 150 of this Code of Ordinances.
B. All shrubs not used as ground cover shall be at least two (2) gallons in
size.
C. The City reserves the right to inspect and reject any landscape
material not in accordance with the approved plan for the development and
reject if diseased or in poor condition.
D. All planting shall be maintained in good growing condition. Such
maintenance shall include, where appropriate, pruning, mowing, weeding,
fertilizing, and regular watering. Whenever necessary, planting shall be
replaced with other plant material to ensure continued compliance with
applicable landscaping requirements.
E. Landscaping shall not be located where it will block visibility and
create traffic hazards or sight distance problems.
F. Landscaping shall be used in conjunction with required fencing as
buffer between land uses where possible.
G. Plants which drop seed pods or fruit should not be located where such
droppings would cause maintenance or safety problems.
Approval of landscaping in place is to be requested by the developer at the time an
occupancy permit is requested. Any changes or deviation from the approved site plan
landscape design shall be approved by the City Administrator prior to installation.
Landscaping must be completed by October 15 to be considered for approval during a
calendar year. Landscaping materials shall be planted as each phase of a site is
developed. Should completion of landscaping be delayed because of seasonal
weather, a temporary occupancy permit may be issued if the developer posts a bond in
the amount of the landscaping to be completed. At the developer’s option and at the
time of site plan filing, the developer may submit a list of alternate or substitute
species from the permitted or established list to be used should the preferred material
not be available when needed and required.
2. Maintenance. All landscaping required by this code shall be properly
maintained. All dead or dying landscaping shall be replaced immediately and all
sodded areas mowed, fertilized, and irrigated on a regular basis.

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169.03 GRADING AND EXCAVATION REGULATIONS. This section is intended to

provide the community with fair and equitable grading practices and is not meant to supersede
the requirements of any other ordinance or code.
1. Protection of Utilities. The developer shall be responsible for the prevention
of damage to any public utilities or service.
2. Protection of Adjacent Property. The person doing or causing grading or
excavation is responsible for the prevention of damage to adjacent property. No
person shall grade or excavate on land to endanger any adjoining public street,
sidewalk, alley, or other public or private property, without supporting and protecting
such property from any damage that might result from the grading or excavation.
3. Inspection Notice. The developer shall notify the Inspection Department at
least 24 hours prior to start of work.
4. Temporary Erosion Control. The developer shall put into effect and maintain
all precautionary measures necessary to protect adjacent watercourses and public or
private property from damage by water erosion, flooding, or deposition of mud or
debris originating from the site. Precautionary measures must include provisions of
properly designed sediment control facilities so that downstream properties are not
affected by upstream erosion, or upstream properties are not flooded by blockage of
downstream drainage.
5. Traffic Control and Protection of Streets. The developer shall provide flag
persons, signs, barricades, and other safety devices to ensure adequate safety when
working in or near public streets.
6. Hazard from Existing Grading. Whenever any existing excavation,
embankment, or fill has become a hazard to life or limb or endangers structures, or
adversely affects the safety, use, or stability of a public way or drainage channel, the
owner of the property upon which the excavation, embankment, or fill is located or
the person or agent in control of said property, upon receipt of notice in writing from
the City, shall, within the period specified therein, repair, reconstruct, or remove such
excavation, embankment, or fill to eliminate the hazard.
169.04 TRASH AND RECYCLING ENCLOSURE. Trash and recycling enclosures are
required for commercial, industrial, and multi-family zoned areas except that side-by-side, or
townhouse-style multi-family developments may be approved for curb-side individual pickup
by Council resolution upon recommendation by the Building Official that the developer or
owner has demonstrated the following:
1. Adequate maneuverability for garbage truck access; and
2. Practical and adequate frontage for each dwelling unit so that placement of
garbage and recycle materials does not impede pedestrians or drivers on public or
private sidewalks, driveways, or streets.
If curb-side pickup is approved, the developer shall provide a recorded document releasing the
City from any and all damage or injury liability arising from garbage collection activities, and
notifying future owners of that release. Enclosures shall not be located in the front yard area
and should be located out of public view to the greatest degree possible. Enclosures shall be
constructed of decorative block or brick. Gates shall be constructed with commercial-grade
hinges, pulls, and hasps, and gate supports shall be metal with an appropriate diameter to
support the gates. The gates themselves shall be constructed to present a decorative solid

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façade. Protective bollards should be provided. See Figure 6 for access requirements for
multi-family uses.
FIGURE 6
169.05 FENCE REQUIREMENTS. The provisions of this section apply to the

construction, alteration, moving, and repair of any fence within the jurisdiction.
1. Permit Required. Each application for a fence permit shall be submitted prior
to the installation or alteration of a fence. The application shall be accompanied by a
plot plan, in duplicate, drawn to scale, showing the actual dimensions of the lot; the
size, shape, and location of all existing buildings; location, height, and material type
of the proposed fence; and such other information as may be necessary to provide for
the enforcement of this section. A record of applications and plans shall be kept in the
Code Official’s office.
2. Application Fee. A fee for the fence permit shall be charged. The fee shall be
set by the City and shall be available at the office of the Code Official.
3. Review. All applications for fence permits shall be submitted to the Code
Official for review and approved prior to permit issuance. Each application shall
include data necessary to show that the requirements of this code are met.
4. Expiration. Every fence permit issued by the Code Official under the
provisions of this code shall expire by limitation and become null and void if the work
authorized by such permit is not commenced within 180 days from the date of such
permit, or if the work authorized by such permit is suspended or abandoned at any
time after the work is commenced, for a period of 180 days. Before such work can be
recommenced, a new permit shall be first obtained to do so. In order to renew action
on a permit after expiration, the permittee shall pay a new full permit fee. Any
permittee holding an unexpired permit may apply for an extension of the time within
which work may commence under that permit when the permittee is unable to
commence work within the time required by this section for good and satisfactory
reasons. The Code Official may extend the time for action by the permittee for a
period not exceeding 180 days on written request by the permittee showing that
circumstances beyond the control of the permittee have prevented action from being
taken. No permit shall be extended more than once.
5. Inspection Required. Upon completion of the work the applicant or owner
shall notify the Code Official that the work is completed. A final inspection shall be
performed to assure compliance with this code.

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6. Height. The height of all fences, retaining walls, and hedges located within a
front, side, or rear yard shall not exceed those found in Table 169-C.
TABLE 169-C – MAXIMUM FENCE HEIGHTS1, 2

District Front Yard Side Yard Rear Yard
R Zones 38 inches4 8 feet 8 feet
All Other Zones 38 inches4 16 feet3 16 feet3
1 At street intersections, no fence, retaining wall or hedge more than 10 percent solid or
three feet above the street level shall be located within a triangular area composed of
two of its sides and twenty-five feet in length and measured along the right-of-way lines
from the point of intersection of the above-referenced lines.
2 No chain-link fence shall be located within any portion of the front yard.
3 If adjoining residential district maximum 8-ft.
4 On a corner lot property, a 6-foot-high privacy fence may be erected on that portion of
the lot at the rear of the house provided the fence is erected a minimum of 15 feet from
any sidewalk, driveway, or right-of-way line. Said fence shall comply in all other
respects with the fence requirements.
7. Location. Fences and hedges shall be located entirely within the confines of
the property lines except for fences located next to a public or private alley shall
maintain a minimum 2-foot separation between the fence and alley line. No fence,
wall, or hedge shall encroach on or obstruct a public sidewalk.
8. Fence Materials.
A. Barbed Wire. It is unlawful for any person to erect, construct, keep,
or maintain any barbed wire fence within the City except when the barbed
wire fence is erected, constructed, and maintained in compliance with the
provisions contained in the Code of Iowa and used on property zoned for
Interim Development use, provided the property has been used for the
purpose of enclosing livestock within the preceding 24-month period. Barbed
wire fences shall be permitted in a commercial or industrial zoning district,
provided that the bottom strand of barbed wire is not less than 6½ feet above
grade.
B. Electric Fences. It is unlawful for any person to erect, construct,
keep, or maintain any electric fence in any zoning district within the City,
except for the enclosure of livestock operations located in an Interim
Development District, provided the property on which the livestock operation
is located does not adjoin property that is zoned or used for any residential
purposes.
C. Barbed Wire and Election Fences. Barbed wire and electric fences
are prohibited in any zoning district or in conjunction with any use or
operation when any such fence is located within five feet of an adjoining
residential property, a public sidewalk, or a street right-of-way line where a
public sidewalk does not exist.
D. Metal Fences. Metal fences shall consist of galvanized or vinyl-
covered chain link material, including all supporting frame posts and rails.

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E. Wood Fences. Wood fences shall consist of a treated or decay-

resistive material. Posts and supports for the wood fence shall be located on
the inside of the fence on the property on which the fence is constructed.
9. Prohibited Fence Material. The following fences are prohibited, except as
provided in this chapter or for permitted agricultural residential gardening uses to
protect against rodents, vermin, and pests:
A. Wooden snow fence;
B. Welded wire fence;
C. Panel fence;
D. Plastic snow/safety fence; and
E. Chicken wire.
A snow fence may be erected on a temporary basis, not to exceed six months, to
alleviate the adverse effects of drifting snow or to warn and prevent access to an area
by unauthorized persons. When erected on a temporary basis to prevent access of
unauthorized persons to any area, a snow/safety fence shall be removed within 24
hours after the elimination of the reason for which the fence was erected originally.
10. Installation and Maintenance. All fences shall be constructed in a
workmanlike manner with approved materials and installed to withstand wind load of
30 pounds per square foot. All fences shall be maintained and repaired as needed.
The owner of the property upon which the fence is constructed is required to maintain
the fence.
169.06 LOCATION OF ACCESSORY BUILDINGS AND USES. Accessory buildings

and uses shall occupy the same lot as the main use or building. No lot shall have an accessory
building or use without the principal use. No accessory building shall be used as a dwelling
unit.
1. Separation from Main Building. All accessory buildings shall be separated
from the main building by 10 feet.
2. Private Garages. An accessory building used as a private garage may be
located in any portion of the rear or side yard under the following conditions:
A. Maximum one private garage per lot.
B. A maximum square feet gross building area not to exceed 30% of the
rear yard area with a maximum size of 850 square feet.
C. No portion of the structure located in a rear yard area shall be located
in any of the following areas:
(1) Less than four feet from an adjoining property line.
(2) Less than 20 feet from a public or private alley.
(3) Utility easement.
D. No portion of the structure located in a side yard area shall be located
in any of the following areas:
(1) Less than the required side yard setback for the main
building.

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E. Maximum building height of 15 feet.
3. Storage Buildings. All accessory buildings used for storage or other similar
use may be located in any portion of the rear yard under the following conditions:
A. Maximum 200 square feet gross building size.
B. No portion of the structure shall be located in any of the following
areas:
(1) Less than four feet from any adjoining property line.
(2) Less than 10 feet from a public or private alley.
C. Maximum building height of 10 feet.
4. Front Yard Area. No private garage or storage buildings shall be located in a
front yard area.
5. Accessory Uses in RS and RD Districts.
A. Storage of wood, lumber, and other material where the land occupied
by such storage is confined to one location in the rear yard area with a
maximum area of one hundred square feet, provided that there are at least
eight inches of free air space under such storage.
B. Keeping of small animals commonly housed in a dwelling, but not for
sale purposes. Dog runs constructed solely for the purpose of confining dogs
for exercising and feeding may be located in a residential zone, provided that
they shall not be located in a front yard or side yard or closer than 10 feet to
any lot line.
6. Miscellaneous Parking and Storage. No person shall park, keep or store, or
permit the parking or storage of an inoperable vehicle, vehicle component parts, or
miscellaneous junk and debris on any public or private property, in any zoning
district, unless it shall be in a completely enclosed building. This regulation does not
apply to legitimate businesses operating in a lawful place and manner, in accordance
with the zoning regulations, provided however, that any outside areas used for parking
and storage shall be screened from public view if required by the regulations of the
zoning district within which they are located.
7. Accessory Uses in All Other Zones. A conditional use permit is required for
outdoor storage or display of any kind, except that 100 square feet or less of
merchandise associated with the principal use may be displayed outdoors.
8. Guard Dogs in all C, O/RP and I-1 Zone Districts. Guard dogs may be
allowed in all C, O/RP and I-1 Districts and dog runs constructed solely for the
purpose of confining said watchdogs for exercising and feeding of the same, may be
located in said districts provided that they shall not be located in a front yard, or side
yard, nor closer than 10 feet to a lot line.
169.07 SUPPLEMENTAL LOT REGULATIONS.

1. Zoning Lot. In this chapter the term “lot” refers to a “zoning lot” unless the
context clearly indicates that it refers instead to a “lot of record.” A zoning lot is a

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single tract of contiguous land which, at the time of filing for a building permit or a
certificate of occupancy or district boundary change, is designated by the owner or
developer as a tract to be used, developed, or built upon as a unit under single or
unified ownership or control and assigned to the particular use, building, or structure
for which the building permit or certificate of occupancy is issued. A lot includes
such area of land as may be required by the provisions of this chapter for such use,
building, or structure.
2. Lot Street Frontage and Access Required. No lot shall be created or any
principal building constructed or placed on any lot or tract of land unless such lot or
tract has frontage on either a public street or on a private street which has been
specifically approved by the Council for that purpose. In order to be approved, such
street shall provide permanent and unobstructed vehicular access, have a roadway of
adequate width and surface, and meet all other applicable standards and requirements,
established by the City. No lot shall be used for residential purposes unless such lot
has at least a 35-foot frontage on such street.
3. Division of Lot. No improved lot shall hereafter be divided into two or more
lots and no portion of any improved lot shall be sold unless all lots resulting from each
division or sale shall conform to all the applicable bulk regulations of the district in
which the property is located.
4. Number of Principal Buildings Permitted on a Lot. In all RM, C, and I
districts, more than one principal institutional public or semi-public, multi-family,
commercial, or industrial building may be located on a lot provided that no such
building or portion thereof is located outside the buildable area of the lot. However,
in all RS and RD districts, except in the case of Planned Area Developments, not more
than one detached one- or two-family residential building shall be located on the same
lot with any other principal building.
5. Lot of Record. In any residence district on a lot of record, on the effective
date of the Zoning Ordinance, a single-family dwelling may be established even
though the lot area and width do not meet the minimum district requirements,
provided all other requirements of this code are met. However, where two or more
contiguous substandard recorded lots are in common ownership and are of such size
that together they constitute at least one conforming “zoning lot,” such lots or portions
thereof shall be so joined and re-platted for the purpose of forming an effective and
conforming zoning lot or lots.
169.08 SUPPLEMENTAL YARD AND HEIGHT REGULATIONS. Any building,

structure, or use hereafter erected, altered, or established shall comply with the general yard
space requirements of the district within which it is located, except as specified herein.
1. Location of Required Yard. The required yard space for any building,
structure, or use shall be contained on the same lot as the building, structure, or use
and such required yard space shall be entirely upon land in a district in which the
principal use is permitted.
2. Reduction or Sharing of Required Yards or Space Prohibited. No lot, yard,
court, parking area, or other space shall be reduced in area or dimension so as to make
said area or dimension less than the minimum required for this code. No part of a
yard, court, parking area, or other space provided for any building or structure to
comply with the provisions of this code shall be included as part of a yard, court,

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parking area, or other spaces required under this code for another building or
structure.
3. Required Yards for Existing Buildings. No yards, now or hereafter provided,
for a building existing on the effective date of this Zoning Ordinance shall
subsequently be reduced below (or further reduced if already less than) the minimum
yard requirements of this code for equivalent new construction.
4. Required Yards on Major Streets.
A. Major Streets. All applicable building setbacks and yard
requirements set forth in this code shall be measured and determined from the
existing street right-of-way.
B. Private Streets. All applicable building setbacks and yard
requirements along private streets shall be measured from the nearest line of
the access easement.
C. In all C, O-RP, and I-1 districts on lots fronting on two
nonintersecting streets, a front yard must be provided on both streets.
D. On corner lots in all districts there must be a front yard on both
streets.
5. Transitional Yards. Where a lot is in a C or I-1 district and is next to an R
district, the side or rear yard required in that R district must be provided along the
boundary line.
6. Yards with More than One Principal Building. When two or more related
multi-family, hotel, motel, or institutional buildings are on a lot, the required yards
shall be maintained around the group of buildings.
7. Side Yards.
A. In all new buildings if side yards are provided where not required,
they must be at least five feet wide.
B. In all RD two-family dwelling unit districts, only the side yard on the
detached side of the dwelling will be required. No side yard will be required
on the side of the dwelling located on the common lot line.
8. Permitted Encroachments in Required Yards. Under the terms of this code a
required yard shall be open, unoccupied, and unobstructed from grade to the sky
except for permitted encroachments. The following identify such permitted
encroachments and in which yards they are permitted along with limitations imposed
thereon:
9. Front Yard Exceptions.
A. Steps or ramps which are necessary to provide access to the first floor
of lawful buildings or for access to a lot from a street or alley.
B. Appurtenances listed as follows shall encroach no more than two feet
into the yard, as measured from the building.
(1) Architectural features such as sills, eaves, cornices, and other
ornamental features;
(2) Gutters and downspouts;

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(3) Awnings and canopies;

(4) Bay windows;
(5) Any combination of the above listed appurtenances.
C. Landscaping, vegetation, arbors, trellises, flagpoles, and the like shall
be allowed in all yards, subject however, to the restrictions imposed in
Section 167.04 – Corner Visual Clearance Requirements.
D. Uncovered decks and stoops not exceeding 100 square feet and in no
case closer than 10 feet to the front lot line.
10. Side Yard Exceptions.
A. Appurtenances listed as follows shall encroach no more than two feet
(1) Architectural features such as sills, eaves, cornices and other
(4) Bay windows;
B. Patios which are at least three feet from a side lot line.
C. Uncovered decks and stoops which are at least five feet from the side
lot line.
D. Steps, provided they do not encroach into the side yard closer to the
side lot line a distance of one-half the required side yard setback.
E. Air-conditioning equipment, provided it does not encroach into the
side yard closer to the side lot line a distance of one-half the required side
yard setback.
F. Utility equipment that is directly connected to the structure being
served.
11. Rear Yard Exceptions.
A. Appurtenances listed as follows shall encroach no more than two feet
(1) Architectural features such as sills, eaves, cornices and other
(4) Bay windows;
B. Uncovered decks, patios, and stoops which are at least 10 feet from
any lot line.
C. Air-conditioning equipment.

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D. Utility equipment that is directly connected to the structure being

served.
12. Exceptions to Height Limitations. In those districts where height limitations
are imposed, such height limitations shall not apply to the following appurtenances
and structures:
A. Church spires and steeples.
B. Belfries.
C. Monuments.
D. Ornamental towers and spires.
E. Radio, telephone, and television antennas, aerials, towers, and relays.
F. Chimneys.
G. Smoke stacks.
H. Flagpoles.
I. Silos.
J. Windmills.
K. Emergency sirens and similar devices.
L. Elevator and stairway bulkheads.
M. Air conditioning equipment.
N. Water towers and cooling towers.
O. Grain elevators and necessary mechanical appurtenances.
P. Fire towers.
169.09 APPROVAL FOR AND AVAILABILITY OF ESSENTIAL SERVICES. All

projects that require the additional use of new facilities of essential services, such as sewers,
storm drains, fire hydrants, public streets, street lighting and similar services, shall obtain such
approval as required by the agency providing such service prior to project approval. Non-
availability of essential services may be grounds for denying permits for additional
development until such services are available. The City is not obligated to extend or supply
essential services if capacity is not available. If capacity is available, the extension of services
shall be designed and installed in full conformance with the jurisdiction’s standards for such
service, and shall be subject to review, permit, and inspection as required by other policies or
ordinances of the City.
169.10 MINIMUM STRUCTURE REQUIREMENTS.

1. Manufactured Homes. A manufactured home may be located in an approved
R-FB Park, subject to all applicable requirements of this code, and including the
following:
A. Such manufactured home was manufactured after June 15, 1976, and
bears a label certifying compliance with the National Manufactured Home
Construction and Safety Standards Act of 1974, and has not been
subsequently altered in violation of such standards.

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B. The manufactured home has met all City-required inspections and/or

permits required for any dwelling unit and lot, other than for the factory-built
structure itself which is governed by Federal standards.
C. The manufactured home is located on a lot such that it meets the
minimum front, rear, and side yard requirements of the zone district in which
it is located.
2. Single-Family Dwellings. Any building erected or otherwise established for
use as a single-family dwelling in RS, RD and RM shall meet the following
requirements:
A. Said building shall have a measured minimum dimension of 24 feet
for the main body.
B. The building shall have a minimum floor area of 660 square feet.
C. The building shall have a continuous and complete frost-protected
perimeter foundation for the main body.
169.11 DUPLEX COMMON WALL REQUIREMENTS. Separate or divided ownership

of each single-family unit as a part of a two-unit-family dwelling will be specifically subject to
and conditioned upon compliance with the following requirements:
1. A division of the lot or parcel of land into two separate parcels shall be done
in such a manner as to result in a single-family unit being located on either side of the
common boundary line with the common wall between the two laterally joined single-
family dwellings.
2. The lot lines for each two-unit family dwelling must have an approved one-
hour fire-resistive wall between them that is built in such a manner as to allow no
connections other than the wall itself between the units.
Prior to division into two parcels, there shall be prepared and reviewed by the City restrictive
and protective covenants providing that any owners of a unit of the two-unit family dwelling
shall be jointly and severally liable and responsible for the maintenance and repair of the
common wall as well as all other common aspects including but not limited to utilities, water,
sewer, storm sewer, easements, and driveways; up to the dividing line, separate water lines
and sewer lines will be furnished to each unit. The covenants, after approval of the City, shall
be a covenant running with the land.
169.12 DESIGN STANDARDS. This section is intended to provide consistent high-quality

general design standards for the community.
1. Requirements for All Districts. The following requirements shall be observed
for all development in all districts:
A. Building design shall be visually harmonious and compatible with the
neighborhood character.
B. Buildings located on property with double frontages shall have
similar wall design facing both streets.
C. Buildings shall have a consistent architectural style throughout the
development on each lot, as defined by repetition of exterior building material
and colors, and architectural elements.

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D. Except for the RS districts, color schemes shall be based on earth

tones or other compatible colors.
E. Special attention shall be taken to incorporate external mechanical
equipment into the design such that it does not detract from the aesthetics of
the site and building.
F. Pitched roofs with a minimum slope 5:12 are preferred. The color of
the roof should be earth-toned.
G. Roof top equipment shall be screened.
H. Reflective surfaces that may cause glare or traffic hazards are not
acceptable.
I. Front elevations and corner side yard elevations of principal
structures below the bottom edge of roof shall be composed of not less than
25% masonry products, with the following exceptions:
(1) No masonry is required in the RS-7 and RS-8 districts, and
(2) Corner side yards in single- and two-family residential zoning
districts are permitted several optional treatments, as noted in that
section, and
(3) Commercial and overlay districts require more than 25%, as
noted in those sections.
Masonry is construction achieved through the bonding of units of various
natural or artificial materials used by masons, such as stone, brick, split-faced
concrete, or other materials of similar appearance approved by the Building
Official, but not including stucco. The required masonry area shall be based
on a net wall surface, defined as the total area between ground level and the
soffit line, from farthest outside wall left to farthest outside wall right, with
window and door areas subtracted out.
2. Requirements for Development in Single- and Two-Family Residential
Zoning Districts. In addition to requirements of subsection 1 above, the following
requirements shall be observed for development in single-family and two-family
zoning districts:
A. The main roof shall have a pitch with no less than four inches of rise
for each one foot of horizontal run.
B. The main roof shall overhang the walls a minimum of 12 inches at the
eaves.
C. Metal roofs are required to meet standards found in the International
Residential Code adopted by the City, and are not to have a corrugated
appearance similar to industrial or agricultural metal buildings.
D. For exterior walls not composed of masonry products, wall coverings
shall be wood and/or vertical or horizontal grooved siding or lapped siding, or
materials of similar appearance.
E. No two single-family and no two two-family front elevations may be
identical within any group of four contiguous lots.
F. Corner side yard treatment must include at least one of the following:

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(1) 25% masonry covering the corner side yard exterior wall.
(2) 2 trees, not less than 2″ caliper, to be planted in the corner
side yard prior to issuance of any permanent occupancy permit.
Existing trees in the corner side yard of a site may satisfy this
requirement.
(3) Architectural relief on the corner side yard exterior wall
elevation such that the wall contains more than 2 offsets, which may
consist of wall corners, bay or bowed windows, or other means
approved by the Building Official.
3. Requirements for Development in Multi-Family Residential Zoning Districts.
In addition to requirements of subsection 1, the following requirements shall be
observed for development in multi-family zoning districts:
A. The main roof shall have a pitch with no less than four inches of rise
for each one foot of horizontal run.
B. The main roof shall overhang the walls a minimum of 12 inches at the
eaves.
C. The main roof shall not be covered with flat or corrugated sheet
metal.
D. For exterior walls not composed of masonry products, wall coverings
shall be wood and/or vertical or horizontal grooved siding or lapped siding, or
materials of similar appearance.
E. Building elevations shall include the use of windows, wall breaks,
siding changes, extra wall corners, dormers, and other architectural features to
create visually attractive buildings that compliment single-family
development in the City.
4. Requirements for Development in Office and Commercial Zoning Districts.
A. Commercial zoning districts are intended to enhance public welfare
by providing for safe, convenient, high-quality, pedestrian-oriented
commercial centers that contribute to community identity as energetic and
attractive focus points. Through development and redevelopment within
these districts, the City recognizes the importance of creating high-quality
development areas to the quality of life for residents of the City, the impact
quality development has on the image of the community, and the need to
provide restrictions and guidelines to enhance visual appearance and
functionality. The objectives addressed through these regulations include the
following:
(1) Design. To achieve appealing aesthetic design through high-
quality architecture and construction, with attention to placement,
relationship, and orientation of structures and amenities to provide
both internal cohesiveness and compatibility with surrounding uses.
(2) Walkability. To achieve overall development patterns that
encourage walking and reduce dependence on the automobile to
travel from one business to another, and so reduce the dominance of
the automobile within the development.

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(3) Human-Scale Activity. To achieve a sense of place by

emphasizing pedestrian interaction with commercial uses rather than
sprawling automobile-dominated designs, both in building
architecture and public or private outdoor areas.
(4) Compatible Uses. To achieve the right blend of uses
(compact and well designed) that complement each other and provide
cohesive overall developments.
B. In addition to requirements of subsection 1 of this section, the
following requirements shall be observed for development in the office and
commercial zoning districts:
(1) Site Layout Requirements.
(a) Pedestrian Areas. Each development shall provide a
complete network of paths, plazas, and open spaces that
interconnect building entrances, parking, sidewalks, other
properties, and other pedestrian amenities. These pedestrian
areas are expected to constitute a significant portion of
development area, and may include plazas, special paving
areas between parking and entrances, and outdoor eating
patios. Additionally, portions of pedestrian areas should be at
least partly covered so that users are protected from rain and
intense sun. New developments will be required to connect
to paths and sidewalks established by previously approved
developments.
(b) Outdoor Infrastructure Design. Each development
shall provide outdoor lighting fixtures, integrated street
pavers or patterns, and landscaping that reinforces quality
building design and blends with previously approved
developments, when appropriate. Design elements may
include decorative lighting, seating with benches, low walls,
planters, enhanced paving techniques, and other features
complimentary to the development.
(c) Parking Areas. Parking areas shall consist of areas
that are aesthetically pleasing, landscaped to screen public
views, and located so as not to be the dominant feature along
any street or within any development. The use of alternate
materials to designate pedestrian areas within or adjacent to
parking lots is encouraged, and pedestrian areas shall be
separated from vehicular traffic with landscaping, decorative
posts, special paving, or other measures to clearly define the
pedestrian spaces. Property owners are encouraged to
establish shared parking zones among uses on one or more
lots.
(2) Building Materials and Design Requirements.
(a) Materials. Each exterior vertical building elevation
shall be composed of at least 60% brick or other masonry
product. For exterior walls not composed of masonry
products, coverings shall be stucco, wood siding, premium-

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grade vinyl siding if installed horizontally, or other similar

materials approved by the Building Official. Ribbed metal
siding is prohibited. The required masonry area shall be
based on a net wall surface, defined as the total area between
ground level and the soffit or roofline, from farthest outside
wall left to farthest outside wall right, with window and door
areas subtracted out.
(b) Design. Buildings and building features shall be
sized and detailed appropriately for pedestrian use. Projected
or recessed doorways and windows, awnings, and other
architectural features may be used to achieve this design.
Traditional strip-retail type frontages featuring long flat
frontages with regularly spaced doors and unbroken expanses
of concrete approaching the storefronts are specifically
disallowed. Side and rear elevations shall be comprised of
the same materials and reasonably similar in character and
quality as the front elevation unless screened from view from
all public streets and residential areas by topography
differences, landscaping materials, or other screening devices,
in which case building material may be concrete block or tilt-
up concrete panels.
5. Requirements for Development in Industrial Zoning Districts. In addition to
requirements of subsection 1 of this section, the following requirements shall be
observed for development in the industrial zoning districts:
A. For exterior walls not composed of masonry products, stucco, wood
siding, premium-grade vinyl siding if installed horizontally, or other materials
similar in appearance are preferred.
6. Requirements for Manufactured Homes. In addition to requirements of
subsection 1 of this section, the following requirements shall be observed for
manufactured home development:
A. Manufactured homes shall have a minimum width of 14 feet and a
minimum roof pitch of four-inch rise to every twelve-inch horizontal run.
B. Manufactured homes shall have asphalt roof covering.
C. Manufactured homes shall have vinyl or aluminum horizontal lap
siding or wood vertical siding.
169.13 OTHER DESIGN STANDARDS.

1. Signs. Monument signs are preferred, and pole signs are permitted only upon
specific approval by the Council after review and recommendation by the
Commission.
2. Parking Lot Screening. All parking lots shall be screened from public streets
utilizing plantings and berms to help maintain visually attractive corridors.
3. Parking Lot Internal Landscaping.
A. Parking lots with less than 20 spaces are not required to have interior
landscaping islands.

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B. Parking lots less than 49,000 square feet shall retain 3% of their
interior for landscaping islands.
C. Parking lots up to 149,000 square feet shall retain 5% of their interior
for landscaping islands.
D. Parking lots 150,000 square feet and over shall retain 7% of their
interior for landscaped islands.
E. Parking lots shall be required to have one tree placed within 40 feet of
each parking space for multi-family, commercial, office park, and industrial
districts.
4. Yards, Ground Cover, and Landscaping. Established grass, either sod or seed,
is required for all yards for all new buildings and additions over 500 square feet in
area, in addition to trees and screening that may also be required by other code
sections, prior to occupancy.
A. Tree Requirements for Multi-Family Development. For each Multi-
Family development, one tree will be provided for each 750 square feet of
building footprint.
B. Tree Requirements for Commercial, Office Park, or Industrial
Development. For each Commercial, Office Park, or Industrial Development,
one tree will be shown for every 2,000 square feet of building footprint.
5. Screening of Commercial Uses and Storage. A green belt planting strip
consisting of evergreen shrubs and trees shall be used to screen any commercial use,
or the permitted open storage of any materials or equipment, from adjoining
residential districts or residential uses. Such planting strip shall be of sufficient width
and density to provide an effective and aesthetically pleasing screen with shrubs and
trees not less than five feet in height when planted. In lieu of planting strips, a six-
foot tall solid vertical fence of masonry or heavy wood construction, or other material
approved by the Building Official, may be used as a screen, provided that decorative
plantings are established on the residential side of the fence. Both a green belt
planting strip and a six-foot tall fence may be required at the discretion of the Council.
169.14 ENFORCEMENT OF DESIGN STANDARDS.

1. The Commission shall have the following authority related to this section:
A. To recommend denial of any site plan that does not conform to all
regulations of this section, including elevation detail.
B. To recommend modifications to building materials, architectural
features, or orientation on the site, beyond those explicitly enumerated in this
section, considered to be consistent with the goals and objectives of the City’s
Comprehensive Plan.
2. The Council shall have the following authority related to this section:
A. To deny any site plan that does not conform to all design standards in
this code, including elevation detail.
B. To require modifications to building materials, architectural features,
or orientation on the site beyond those requirements explicitly enumerated in
this section, considered to be consistent with the goals and objectives of the

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City’s Comprehensive Plan, or to deny any site plan if such modifications are
not made by the petitioner.

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CHAPTER 170
ZONING CODE – SPECIAL USE REGULATIONS

170.01 Home Occupations 170.04 Adult Uses
170.02 Residential Daycare Facilities 170.05 Auto Sales
170.03 Bed and Breakfast Homes 170.06 Outdoor Eating Accessory Uses
170.01 HOME OCCUPATIONS. Home occupations shall be permitted in RS, RD, and R-
FB Zones, provided the home occupation is clearly and obviously subordinate to the dwelling
unit for residential purposes. Home occupations shall be conducted wholly within the primary
structure or existing accessory building on the premises.
1. Conditions.
A. The home occupation shall not exceed 25 percent of the floor area of
the primary structure and 50 percent of an accessory building on the premises.
B. Other than those related by blood, marriage or adoption, no more than
two persons may be employed in the home occupation.
C. Inventory and supplies shall not occupy more than 50 percent of the
area permitted to be used as home occupation.
D. There shall be no exterior display or storage of goods on said
premises.
E. There shall be no more than one advertising wall sign displayed on
the premises and said wall sign shall not exceed two square feet, the location
of which shall be approved by the Code Official. The wall sign shall not be
illuminated.
F. Sales and service to patrons shall be arranged by appointment and
schedule so that not more than two patron vehicles are on the premises at the
same time.
G. No activity shall be permitted which is noxious, offensive, or
hazardous by reason of pedestrian or vehicular traffic, or by creation of noise,
odor, refuse, heat, vibration, smoke, radiation, or any other objectionable
emissions, or by interference with televisions or radio reception.
H. No commodities shall be sold on the premises.
2. Home Occupations Permitted. Permitted home occupations include, but are
not limited to, the following list of activities; provided, however, each permitted home
occupation shall be subject to the limitations in subsection 1 above, and to all other
regulations applicable to the district in which it is located.
A. Facilities used by a physician, surgeon, dentist, lawyer, clergyman, or
other professional person, for emergency consultation or treatment, but not for
the general practice of their profession.
B. Professional services such as accounting, computer, architectural, real
estate, and other services provided client contact consists of no more than an
average of eight clients per day.

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CHAPTER 170 ZONING CODE – SPECIAL USE REGULATIONS
C. Providing instruction to no more than two (2) students at a time.

D. Daycare or baby-sitting of not more than five nonresident children,
except Residential Child Daycare as specified in Section 170.02 of this
chapter.
E. Studio of an artist, photographer, craftsman, writer, or composer.
F. Renting of rooms by a resident owner to no more than two roomers.
G. Millinery, dressmaking, tailoring, and similar domestic service
activities.
H. Barbershops and beauty parlors.
3. Home Occupations Not Permitted. Home occupation shall not be interpreted
to include the following:
A. Restaurants or taverns;
B. Automotive equipment, body and repair, and salvage shops;
C. Commercial stables and kennels;
D. Hotel or motel;
E. Taxicab and limousine businesses;
F. Carpenter or woodworking business.
170.02 RESIDENTIAL DAYCARE FACILITIES. A group daycare home (less than 12

persons) may be allowed in RS, RD, and RM residential districts or any district where a
residential use is legally established, provided the operator has obtained a license from the
City for a group daycare home as provided for in this section. Criteria which must be met to
obtain a special use permit from the Council are as follows:
1. State registration requirements shall have been met and the applicant agrees to
meet any requirements of the building, fire, and health codes and any other applicable
local codes and ordinances.
2. Applicant shall agree to register annually with the City for as long as the use
is continued. A reasonable administrative fee shall be charged as may be established,
from time to time, by resolution of the Council.
3. No structural or decorative alteration that will alter the residential character of
an existing structure or be otherwise incompatible with surrounding residences shall
be permitted.
4. The resident occupant shall be the principal care provider, shall be registered
by the State, and shall be present during operating hours. When there are six or fewer
children being cared for, the resident occupant need not be present. However, an
employee of the resident occupant must be present when there are six or fewer
children being cared for and the resident occupant is not present. Both the resident
occupant and the employee must be present when there are more than six children
being cared for. Only one employee, over the age of 14, shall be permitted. Family
members are not considered employees.
5. Any required outside play area shall be effectively screened from adjacent
residential uses.

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6. If located on a major street, an off-street drop-off/pickup area must be

provided.
7. One off-street parking space must be provided for a nonresident/non-family
member employee when located in a single-family residence district. A residential
driveway is acceptable for this purpose.
8. One unlighted sign, under two square feet in area, and stating only the
resident-occupant’s name and the wording “Group Daycare Home” or “Daycare” shall
be allowed.
9. Any group daycare home which has been established and has obtained a State
of Iowa Certificate of Registration prior to the effective date of the zoning ordinance
and, in addition, meets all of the foregoing criteria, shall be considered as being a
lawful use under the terms of these regulations and may so continue without approval
of the Council.
170.03 BED AND BREAKFAST HOMES. The regulations of this section dealing with
bed and breakfasts are designed to protect and maintain the residential character of a
neighborhood while permitting limited short-term leasing of rooms. The following conditions
shall be met:
1. Bed and breakfast homes shall be only within single-family, owner-occupied
dwelling units.
2. If the dwelling unit has less than 1,000 square feet of floor area then one guest
room is permitted. If the dwelling unit has 1,000 square feet but less than 2,000
square feet of floor area, then two guest rooms are permitted. If the dwelling unit has
more than 2,000 square feet, then three guest rooms are permitted. Three guest rooms
shall be the maximum permitted.
3. Off-street parking shall be provided at the rate of one space for each guest
room plus the spaces required for the residents. Parking spaces may be in tandem –
one space directly behind the other with no separation area – and more than one set of
such tandem spaces are permitted, but each tandem set shall be for no more than two
vehicles.
4. Short-term lodging only is permitted.
5. Meals prepared or presented for remuneration are only for the overnight
guests and only as part of the lodging fee.
6. No meetings, receptions, parties, or like activities for remuneration are
permitted.
7. No cooking facilities are permitted in guest rooms.
8. No bed and breakfast home shall be located closer than 1,200 feet to another.
9. Prior to operating a bed and breakfast home the owner shall obtain an
appropriate certificate of occupancy from the Code Official. To apply for such
certificate the owner shall file:
A. A site plan of the property showing the location and dimensions of
the residence, accessory buildings, parking areas, and proposed signs;

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B. A floor plan of the residence showing the location and dimensions of

the guest rooms and also showing location of exits, fire alarms, fire
extinguishers, and any other safety features required by State or local codes.
10. The bed and breakfast home shall meet all applicable local and State
inspection, licensing, and permit requirements.
11. There shall be no exterior display, no exterior sign larger than two square feet
and not more than one such sign stating only the resident’s name and occupation; no
illumination, no exterior storage of materials, and no other exterior indication of the
home occupation or variation from the residential character of the principal building.
12. All other limitations on home occupation activities contained herein shall
apply.
170.04 ADULT USES. A conditional use permit shall be obtained from the City for all
adult use business, under the following conditions:
1. An adult use business shall be permitted in I-2 Zoning District only.
2. No adult use business shall be located within 1,000 feet of a park, school,
daycare center, library, or religious or cultural activity.
3. No adult use business shall be located within 500 feet of any other adult use
business or any other zoning district boundary line.
4. Such distance shall be measure in a straight line without regard to intervening
structures, topography, and zoning.
5. An adult use shall be permitted only one wall sign, which shall not exceed 10
square feet.
170.05 AUTO SALES. New and used auto dealerships are a permitted use in the C-2-A, C-
2-B and I-1 zoning districts, under the following conditions:
1. The number of motor vehicles permitted to be displayed will be designated on
the site plan and the plan will show the number of designated auto display spaces,
driveways, and turning lanes using Section 169.01 requirements of this code.
2. Additional customer and employee parking will be required as provided in
Section 169.01.
3. Any adjoining residential areas will be screened as required by Section
169.02.
4. A landscaping plan, including some front yard landscaping with some shrubs,
will be required.
5. New auto franchise dealerships will be permitted to perform both major and
minor auto repair on site as defined in this code.
6. Used auto dealership facilities will be permitted to perform only minor
automotive repair as defined in this code.
7. All vehicles offered for sale shall be operational and roadworthy as provided
in the applicable sections of the Code of Iowa and the Iowa Administrative Code.
170.06 OUTDOOR EATING ACCESSORY USES. Outdoor eating accessory uses are
permitted only in association with permanent and full-time restaurants or other businesses that

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include inside restaurant facilities, and are owned by the same party as the restaurant. The
following provisions shall apply:
1. All businesses shall be subject to the approval of a conditional use permit and
approval by the Council of a site plan meeting requirements of this code. Any City
action against the outdoor eating accessory use shall also be enforceable against the
associated restaurant operation, and may include withdrawal of certifications or
permits for both the accessory use and for the principal restaurant use on the property.
The City shall have the discretion to require a formal agreement, specifying conditions
for operations, to be approved in any case.
2. All Zoning Ordinance requirements shall be observed, including parking,
yards, and signage. No additional signage is allowed in conjunction with the outside
eating area.
3. The area used for the establishment shall be clearly delineated by fencing,
plant materials or other landscaping, or other aesthetically pleasing means, to be
specified and approved through the site plan process.
4. The area used for the establishment shall be hard-surfaced with concrete,
asphalt, or other suitable permanent materials.
5. The principal use on the site must meet all Zoning Ordinance and site plan
requirements.
6. Temporary structures or other facilities may be approved through the site plan
review.
7. Businesses must provide evidence that appropriate State and local licensing
has been obtained.
8. All applicable local, County, and State regulations must be met.
9. Businesses may not serve alcoholic beverages unless specifically approved by
formal agreement.
10. Businesses may not provide lighting unless specifically approved by formal
agreement.
11. Businesses may not provide any amplified music or public address system
unless specifically approved by formal agreement.

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CHAPTER 171
ZONING CODE – NONCONFORMING,

CONDITIONAL, AND TEMPORARY USES
171.01 Nonconforming Structures and Uses 171.03 Temporary Uses
171.02 Conditional Uses
171.01 NONCONFORMING STRUCTURES AND USES.

1. General. Except as otherwise required by law, a structure or use legally
established prior to the adoption date of this code may be maintained unchanged. In
other than criminal proceedings, the owner, occupant, or user shall have the burden to
show that the structure, lot, or use was lawfully established.
2. Discontinuance.
A. Vacancy. Any lot or structure, or portion thereof, occupied by a
nonconforming use, which is or hereafter becomes vacant and remains
unoccupied by a nonconforming use for a period of one year shall not be
occupied, except by a use which conforms to this code.
B. Destruction. If any nonconforming structure or use is, by any cause,
destroyed to the extent of 50 percent of its market value as determined by the
Code Official, it shall not thereafter be reconstructed.
3. Enlargements and Modifications.
A. Maintenance and Repairs. Maintenance, repairs, and structural
alterations may be made to nonconforming structures or to a building housing
a nonconforming use with valid permits.
B. Change of Nonconforming Use. A change of use of a nonconforming
use of a structure or parcel of land shall not be made except to that of
conforming use. Where such change is made, the use shall not thereafter be
changed back to a nonconforming use.
C. Additions. All additions to nonconforming structures shall conform
to the requirements of this code. Additions to structures housing
nonconforming uses that increase the area of a nonconforming use shall not
be made.
171.02 CONDITIONAL USES. A conditional use permit shall be obtained for certain uses
which may be harmonious under special conditions and in specific locations within a zone, but
may not be allowed under the general conditions of the zone as stated in this code.
1. Applications. All conditional-use permit applications shall be submitted to
the Code Official as provided in this code. All applications shall be accompanied by
maps, drawings, statements, or other documents as required by the Council or staff.
Appropriate fees shall be collected at the time of submittal as determined by the
Council.

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CHAPTER 171 ZONING CODE – NONCONFORMING,
2. Public Hearing. Prior to any action on a conditional use permit, a public

hearing shall be held by the Board of Adjustment.
3. Determination. Upon consideration of an application for a conditional use
permit, the Commission shall itemize, describe and justify, then record and file in
writing, to the Board of Adjustment, any recommended conditions to be imposed on
the use, along with its general recommendation to approve, amend, or deny the
application. After consideration and upon recommendation of the Commission, the
Board of Adjustment shall have the authority to impose conditions and safeguards as
deemed necessary to protect and enhance the health, safety, and welfare of the
surrounding area. The authorization of a conditional use permit shall not be made
unless evidence is presented to establish that:
A. Such use will not, under specific circumstances of a particular case,
be detrimental to the health, safety, or general welfare of the surrounding area
and that the proposed use is necessary or desirable and provides a service or
facility that contributes to the general well-being of the surrounding area; and
B. Such use will comply with the regulations and conditions specified in
this code for such use.
4. Expiration and Revocation. Any granted conditional use permit shall become
null and void within one year of the date of approval if not exercised. A conditional
use permit shall be considered exercised when the use has been established or when a
building permit has been issued and substantial construction accomplished. If such
permit is abandoned or discontinued for a period of one year, it may not be
reestablished unless authorized by the Board of Adjustment in accordance with this
section. A conditional use permit may be revoked if the applicant fails to comply with
the imposed conditions.
5. Adjustments. An adjustment to an approved conditional use permit shall be
submitted to the Code Official accompanied by supporting information. The Board of
Adjustment, upon receiving Commission recommendation, may grant, deny, or amend
such adjustment.
171.03 TEMPORARY USES. The following regulations shall be applied to the Code
Official’s review and approval of temporary uses.
1. Purpose and Intent. These regulations are intended to prescribe the conditions
under which limited duration agricultural, commercial, and civic activities (e.g.,
Christmas sales, pumpkin sales, landscape material sales, craft sales, grand openings,
and special events, etc.) may be conducted. The intent is to prevent the creation of
any nuisance or annoyance to the occupants of adjacent buildings, premises, or
property, and to the general public.
2. Application and Permit Processing. A temporary use permit shall be required
for all temporary uses listed in this chapter. A temporary use permit must be issued
prior to the commencement of any temporary use. The Code Official may, from time
to time, specify the form of the temporary use permit application. Applications for
said temporary use permit shall be secured from the Code Official in the manner
prescribed by this chapter, and the Code Official shall cause the application to be
directed to all concerned city departments. Affected departments shall comment on
the application. Temporary uses may be subject to additional permits or inspections
as required by any applicable law or regulation.

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3. Prior Determination for Temporary Use Permit Approval. The Code Official
shall only approve an application for a temporary use permit if all of the following
findings can be made:
A. The proposed temporary use will be compatible with adjacent uses
and will not adversely affect the surrounding neighborhood by means of odor,
noise, dust, or other nuisances.
B. The additional parking required by the temporary use will be
provided on site, if applicable, or adequate street parking is available in the
immediate area.
C. Increase traffic caused by the temporary use will not adversely affect
the surrounding neighborhood or city at large.
D. The proposed temporary use is consistent with the comprehensive
plan, municipal code, and other applicable codes.
4. Uses Permitted with a Temporary Use Permit. The following uses are eligible
for a temporary a temporary use permit, provided they meet the criteria set out in this
section:
A. Retail sales of Christmas trees.
B. Retail sales of pumpkins.
C. Parking lot sales, sidewalk sales (private sidewalks only), clearance
sales, or other temporary uses which, in the opinion of the Code Official, are
similar to uses listed in this section.
D. Grand opening and special events.
E. Group of assembly activities (e.g., carnivals, fairs, rodeos, sport
events, concerts, and shows).
F. Real estates sales offices and model homes.
G. Stands for the sale of agricultural products.
H. Construction yards, offices, sheds, trailers, etc.
I. Caretaker’s dwelling.
J. Retail sales of landscaping nursery materials.
K. Temporary portable storage container.
L. Other temporary uses which, in the opinion of the Code Official, are
similar to the uses listed in this section.
5. Garage Sales. Garage sales are exempt from these provisions, provided they
do not occur any more frequently than one three-day event per 180-day period.
Garage sales occurring more frequently shall be considered a commercial retail sales
business in a residential zone, which is prohibited.
6. General Regulations.
A. Each temporary use shall be described in a permit issued by the Code
Official prior to commencement of the event. This permit shall be in addition
to all other licenses, permits, or approvals otherwise required by any
governmental entity.

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B. The number of additional parking spaces required for the temporary

activity shall be determined by the Code Official. Required parking spaces
for permanent use shall be used to fulfill the additional parking requirements.
The area of the required parking spaces shall not be used for the temporary
use.
C. All unimproved parking areas and main walk areas shall be kept
damp or shall be covered with a material to prevent raising of dust.
D. All sites shall be completely cleaned of debris and temporary
structures, including (but not limited to) trash receptacles, signs, stands, poles,
electrical wiring, or any other fixtures and appurtenances or equipment
connected therewith, within five days after the termination of the sale or
special event.
E. A bond or cash deposit in the amount of $1,000.00 shall be deposited
with the City to assure adequate cleanup of activities that occur on vacant or
undeveloped lots, and/or involving the construction of temporary structures.
Activities located in fully developed properties will be exempt from bonding,
with the exception of uses that involve construction of a temporary structure.
F. Sanitary facilities, either portable or permanent, shall be made
available to all employees, attendants and participants of the activity during
its operation hours, as approved by the Code Official.
G. No area of public right-of-way may be used without obtaining
approval from the Council.
H. Proof of ownership or a signed letter from either the property owner
or said owner’s authorized representative for the property on which the
activity is to take place shall be presented at the time the temporary permit is
requested.
I. All temporary structures, including (but not limited to) greenhouses,
trailers, mobile homes, etc., shall conform to zoning setback requirements
unless stated otherwise in this chapter.
7. Specific Requirements.
A. Retail Sales of Christmas Trees.
(1) Permitted Zones: ID, C-1-B, C-2-A, I-1 and I-2.
(2) Maximum Duration: 40 calendar days prior to December 25.
B. Retail Sales of Pumpkins.
(1) Permitted Zones: ID, C-1-B, C-2-A, I-1 and I-2.
(2) Maximum Duration: October 1 through November 1.
C. Lot and Sidewalk Commercial Activities.
(1) Permitted Zones: C-1-A, C-1-B, C-2-A, I-1 and I-2.
(2) Maximum Duration: Four consecutive days, not to exceed
four events in a 12-month period.
(3) Setbacks: All merchandise, trucks, trailers, etc. shall be set
back a minimum of 35 feet from all property lines.

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(4) Area of Operation: Area shall not exceed 800 square feet and
no dimension shall exceed 40 linear feet.
(5) Transient Merchants: Transient merchants shall be subject to
the license requirements of the City. Said license shall be secured
prior to issuance of a temporary permit.
D. Grand Openings and Special Events.
(1) Permitted Zones: all zoning districts.
(2) Maximum Duration: four consecutive days.
(3) Other: All such events shall be conducted by a business
located on the property.
E. Group Assembly Activities.
(2) Maximum Duration: 14 consecutive days.
(3) Hours of Operation:
(a) Residential Zones: 7:00 a.m. to 10:00 p.m., except
on Fridays and Saturdays to midnight.
(b) All Other Zones: 7:00 a.m. to 12:00 midnight.
F. Real Estate Sales Office and Model Homes.
(1) Permitted Zones: all residential zones.
(2) Maximum Duration: 24 months.
(3) On-site Sales Office: On-site temporary real estate office or
temporary model home complex may be established only within the
boundaries of a residential subdivision, as an accessory facility, for
the limited purpose of conducting sales of lots within the same
subdivision.
(4) Off-site Sales Office: Off-site sales or offers to sell off-site
lots or dwelling units, from any temporary office or trailer complex
established pursuant to this section shall not be permitted unless a
conditional use permit is approved.
(5) Definition: “Off-site lots” means those lots outside the
boundaries of a residential subdivision, which subdivision contains an
approved real estate sales office or model home complex, and which
lots are not adjacent to or contiguous with the subdivision.
(6) Requirements: Any temporary real estate sales office or
model home established or maintained pursuant to this section shall
meet all of the following requirements:
(a) Receipt by the City of an agreement and cash deposit
or surety bond in a form approved by the City in an amount
sufficient to guarantee to the City the removal of the sales
office or model home complex, or the restoration of the
premises in conformity with the approved development plan
and with the applicable provisions of this code within 60 days

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after the last residence or lot within the subdivision has been
sold and escrow closed. If after 60 days no action has been
taken to restore the site or premises, the City may take action
to restore the site by utilizing the bond or monies deposited or
other methods at its disposal.
(b) Landscaping or other methods of screening parking
areas shall be provided as approved by the Council.
(7) Maximum Duration: The temporary real estate sales office
and temporary model home complex may be maintained until all of
the on-site lots in the subdivision have been sold and escrow closed.
G. Agricultural Produce Stands:
(1) Permitted Zones: C-2-A, I-1 and I-2.
(2) Termination: Stands and displays shall be removed when not
used for a period of 30 consecutive days.
H. Construction Yards and Offices.
(1) Permitted Locations: All zoning districts, provided that said
yards and offices are located on or immediately adjacent to the site
development.
(2) Duration: During construction of a phase of a project and
until 60 days thereafter.
I. Caretaker’s Dwelling.
(2) Maximum Duration: Only during the construction phase of a
building or site.
(3) Other: Only one adult caretaker may reside on the site during
construction hours, provided sanitary facilities are available to said
individual.
J. Retail Sales of Landscaping Nursery Materials.
(1) Permitted Zones: C-1-B, C-2-A, I-1 and I-2.
(2) Maximum Duration: One event, not to exceed 90
consecutive days in a calendar year.
K. Temporary Portable Storage Containers.
(1) Permitted Zones: all zones.
(2) Maximum Duration: no more than 30 days in any calendar
year.
(3) Requirements: Any temporary portable storage container
considered pursuant to this section shall meet all of the following
requirements:
(a) No container shall be more than eight feet in height
or more than 16 feet in length in residential districts, or 40
feet in length in all other districts.

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(b) Containers shall not be stacked vertically.

(c) Containers shall be located so as to minimize
visibility from both public streets and residential land uses,
and shall not be located in any required setback area.
(d) Containers shall be located totally on the owner’s lot,
and no part of any container shall be located on any public
property.
8. Conditions of Approval. The Code Official may impose such conditions on a
temporary use permit as are necessary to meet the purposes of this chapter and protect
the public health, safety and welfare, and adjacent uses. Conditions which may be
imposed may include, but are not limited to:
A. Yard setback and open space requirements.
B. Parking.
C. Fences, walls or other screening.
D. Signs.
E. Vehicular and pedestrian ingress and egress.
F. Property maintenance during the course of the activity.
G. Control of illumination, noise, odor, vibration or other nuisances.
H. Hours of operation.
9. Fees. A fee for a temporary permit shall be charged. The fee shall be set by
the City and schedule shall be available at the office of the Code Official.

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CHAPTER 172
ZONING CODE – COMMUNICATION TOWERS

AND ANTENNAS
172.01 Purpose and Policy 172.09 Application Process
172.02 Definitions 172.10 Conditions for Approval
172.03 Local Regulation 172.11 Noise and Emission Standards
172.04 Lease Required 172.12 Placement of Facilities and Related Lease Fees
172.05 Fee Required 172.13 Abandonment
172.06 Limit on Term 172.14 Termination
172.07 Priorities 172.15 New Technologies
172.08 Placement Requirements 172.16 Home Rule
172.01 PURPOSE AND POLICY. The Council finds that in order to ensure public safety
and provide efficient delivery of services by the City and others wishing to utilize wireless
communication technologies; to ensure the health, safety, and welfare of the population; to
provide for the regulation and administration and orderly location of antenna arrays and
towers; and to secure the rights of the City to regulate its public property and charge a
reasonable fee for use of public property, it is necessary for the City to establish uniform rules,
regulations and policies. This chapter is to be interpreted in light of these findings for the
benefit of the citizens of the City.
172.02 DEFINITIONS. As used in this chapter:

“Antenna” means a device, dish, or array used to transmit or receive
telecommunication signals.
“Communications tower” means a tower, pole, or similar structure which supports a
telecommunications antenna operated for commercial purposes above ground in a
fixed location – free standing, guyed, or on a building.
“Height” (of a communications tower) means the distance from the base of the tower
to the top of the structure.
“Telecommunications” means the electronic, telephonic, or other high-tech
transmission, reception, or exchange of data or information between or among points
specified by the user of information of the user’s choosing, without change in the form
or content of the information as sent or received, by a means which requires the
approval or licensing by the Federal Communications Commission.
172.03 LOCAL REGULATION. The Telecommunications Act of 1996 prohibits the City
from establishing policies that discriminate against one or a group of providers in favor of
another or another group of providers or potential providers. The following objectives shall be
applied consistently to all telecommunications providers that request a location on City
property for their communication towers and antennas.
1. To minimize the overall number of towers located in the City, providers may
be required to participate in collocation agreements.
2. To ensure that new towers will be safe and blend into their environment,
providers will propose designs consistent with site characteristics.

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CHAPTER 172 ZONING CODE – COMMUNICATION TOWERS
AND ANTENNAS
3. To minimize placement of wireless equipment in highly populated areas,

residential locations will be considered as a last resort.
4. To assure revenues from site leases of City-owned and controlled land and
structures reflects fair compensation for use of City property and administration of
this chapter.
172.04 LEASE REQUIRED. No person or other entity shall use any public property
without first obtaining a lease from the City.
172.05 FEE REQUIRED. No lease for the use of public property shall be granted without
requiring the lessee thereof to pay a reasonable and competitively neutral fee for the use of
that public property.
172.06 LIMIT ON TERM. No lease for the use of public property under this chapter shall
be granted for a term of more than 25 years.
172.07 PRIORITIES. Priority of the use of City-owned land for communication towers
and antenna towers, antennas, and facilities will be given to the following entities in
descending order of priority:
1. All functions of the City.
2. Public safety agencies that are not part of the City, including law
enforcement, fire and ambulance services, and private entities with a public safety
agreement with the City.
3. Other governmental agencies for uses which are not related to public safety.
4. Entities providing licensed commercial communication services, including
cellular, personal communication services (PCS), specialized mobilized radio (SMR),
enhanced specialized mobilized radio (ESMR), paging and similar services that are
marketed to the general public for business and/or personal use.
172.08 PLACEMENT REQUIREMENTS. The placement of communications towers,

antennas, or facilities on City-owned property must comply with the following requirements:
1. The tower, antenna, or facility will not interfere with the purpose for which
the City-owned property is intended.
2. The tower, antenna, or facility will have no adverse impact on surrounding
private property.
3. The applicant will produce proof of adequate liability insurance for potential
damage that could reasonably be caused to City property and facilities by the location
of the towers, antennas or facilities on City property.
4. The applicant will commit to a lease agreement which includes equitable
compensation for the use of public land and other necessary provisions and
safeguards. The fee shall be established by the Council and shall reflect potential
expenses and risks to the City and other appropriate factors.
5. The applicant will submit a letter of credit, performance bond, or other
security acceptable to the City to cover the costs of tower, antenna, or facilities
removal.

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AND ANTENNAS
6. The towers, antennas, or facilities will not interfere with other uses which
have a higher priority as discussed in the paragraphs above.
7. Upon reasonable notice, the towers, antennas, or facilities may be required to
be removed at the user’s expense.
8. The applicant must reimburse the City for any costs which it incurs based on
the presence of the applicant’s towers, antennas, or facilities.
9. The user must obtain all necessary land use approvals.
10. The applicant will cooperate with the City’s objective to promote
collocations, and thus limit the number of separate antenna sites requested.
172.09 APPLICATION PROCESS. All applicants who wish to locate a communications

tower, antenna, or facilities on City-owned or private property must submit to the City
Administrator a completed application accompanied by a fee as set by Council resolution and
the following documents, if applicable:
1. One copy of typical specifications for proposed structures and antennas,
including a description of the design characteristics and material to be used.
2. A Site Plan drawn to scale showing property lines, tower location, tower
height, guy wires, and anchors, existing structures, photographs or elevation drawings
depicting typical design of the proposed structures, parking, fences, landscape plan
and existing land uses on adjacent property. The Site Plan is not required if the
antenna is to be mounted on an approved, existing structure.
3. A current map or update for an existing map on file showing the locations of
the applicant’s antennas or facilities which are existing and proposed towers which are
reflected in public records serving any property within the City.
4. A report from a structural engineer showing the tower antenna capacity by
type and number and a certification that the tower is designed to withstand winds in
accordance with ANS/EIA/TIA222, latest revision, standards.
5. Identification of the owners of all antennas and equipment to be located on the
site.
6. Written authorization from the site owner for the application.
7. Evidence that a valid FCC license for the proposed activity has been applied
for or issued.
8. A line of site analysis showing the potential visual and aesthetic impacts on
adjacent residential districts.
9. A written agreement to remove the tower, antenna, and/or facilities within 180
days after cessation of use.
10. Additional information, as reasonably required by the City, to determine that
all applicable zoning regulations are met.
11. Any communications facilities located on the roof of an antenna support
structure must be set back at least one foot from the edge of the roof of the structure.
This setback requirement shall not apply to communications facilities located above
the roof of the structure, if the facilities are appropriately screened from view through
the use of panels, walls, fences or other screening techniques approved by the City, or
camouflaged antennas that are mounted to the exterior of the antenna support

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AND ANTENNAS
structures below the roof, but do not protrude more than 24 inches from the side of
such an antenna support structure.
172.10 CONDITIONS FOR APPROVAL. Applicant must also show evidence that all of
the following conditions which are applicable are met prior to approval of the application.
1. Applicant must show that the proposed communications tower, antenna,
accessory structure, or facilities will be placed in a reasonably available location that
will minimize the visual impact on the surrounding area and allow the facility to
function in accordance with minimum standards imposed by applicable
communications regulations and applicant's technical design requirements.
2. Applicant must show that a proposed antenna and equipment cannot be
accommodated and function as required by applicable regulations and applicant’s
technical design requirements without unreasonable modifications on any existing
structure or tower under the control of the applicant.
3. Applicant, for a permit in a residential district, must show that based on valid
technical reasons, that the area cannot be adequately served by a facility placed in a
nonresidential district.
4. Prior to consideration of a permit for the location, on private property which
must be acquired, applicant must show that available publicly owned sites and
available privately owned sites occupied by a compatible use are unsuitable for
operation of the facility under applicable communications regulations and the
applicant’s technical design requirements.
5. Applicant must provide the names, addresses, and telephone numbers of all
owners of other towers or usable tower support structures within a half mile radius of
the proposed new tower site, including City-owned property, and written
documentation that the applicant made diligent, but unsuccessful efforts for a
minimum of 40 days prior to the submission of the application to install or collocate
the applicant’s telecommunications facilities on towers or usable antenna support
structures owned by the City and other persons located within a half mile radius of the
proposed tower site, or written technical evidence from an engineer that the proposed
tower or facilities cannot be installed or collocated on another person’s tower or
support structure within one-half mile radius of the proposed tower and must be
located at the proposed site in order to meet the coverage requirements of the
applicant's wireless communications system.
6. Applicants must show that a new tower is designed to accommodate
additional antenna equal in number to applicants’ present and future requirements.
7. Applicant must show that all applicable health, nuisance, noise, fire, building,
and safety code requirements will be met and how they will be met.
8. All towers and communications facilities shall be of camouflage design
standards to blend into the surrounding environment or to look other than as a tower.
The applicant must show, by certificate from a registered engineer, that the proposed
facility will contain only equipment meeting FCC rules and must file with the City
Clerk a written indemnification of the municipality and proof of liability insurance or
financial ability to respond to claims up to $1,000,000.00 in the aggregate.
9. Land use regulations, visibility, fencing, screening, landscaping, parking,
access, lot size, exterior illumination, sign, storage, and all other general zoning

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AND ANTENNAS
district regulations, except setback and height, shall apply to the use. Setbacks on all
sides shall be a distance equal to the height of the tower. The following height
conditions apply:
A. Residential Districts. Freestanding tower with height not exceeding
100 feet is a permitted conditional use. Height exceeding 100 feet requires a
special exception.
B. Commercial Districts. Freestanding or guyed tower with a height not
exceeding 180 feet is a permitted conditional use. Height exceeding 180 feet
requires a special exception.
C. Industrial Districts. Freestanding or guyed tower with height not
exceeding 360 feet is a permitted conditional use. Height exceeding 360 feet
requires a special exception.
10. A tower must be a minimum distance equal to one and one-half of the height
of the tower from property designated historic or architecturally significant, and must
be set back from all lot lines a distance equal to the district setback requirements or 25
percent of the tower height, whichever is greater.
172.11 NOISE AND EMISSION STANDARDS. No equipment shall be operated at

towers or telecommunications facilities so as to produce noise in excess of applicable
standards under WAC173-60, except during emergencies or periodic routine maintenance
which requires the use of a backup generator where the noise standards may be exceeded
temporarily. Applicants for tower sites shall be required to provide information on the
projected power density of the facility and how this meets FCC standards.
172.12 PLACEMENT OF FACILITIES AND RELATED LEASE FEES. The

placement and maintenance of communication towers, antennas, and facilities on City-owned
sites, such as water towers and parks, will be allowed when the following additional
requirements are met:
1. Water Tower or Reservoir Sites. The City’s water tower and reservoir
represent a large public investment in water pressure stabilization and peak capacity
reserves. Therefore, its protection is of prime importance. As access to the City’s
water storage system increases, so does potential for contamination of the public water
supply. For these reasons, the placement of communication towers or antennas on
water towers or reservoir sites will be allowed only when the following requirements
are met:
A. The applicant must have written approval from the City each time
access to the facility is desired. This will minimize the risk of contamination
to the water supply.
B. There is sufficient room on the structure and/or the grounds to
accommodate the applicant’s facilities.
C. The presence of the facility will not increase the water tower or
reservoir maintenance costs to the City.
D. The presence of the facility will not be harmful to the health or safety
of workers maintaining the water tower or reservoir.
2. Parks. The presence of certain communications towers, antennas, or facilities
represents a potential conflict with the purpose of certain City-owned parks and

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AND ANTENNAS
recreational facilities. The tower shall be prohibited in designated conservation areas.

Communications towers and antennas will be considered only in the following parks
after the recommendation of the Park Board and approval of the Council:
A. Public parks of a sufficient scale and character that are adjacent to an
existing commercial or industrial use.
B. Commercial recreational areas and major ball fields.
C. Park maintenance facilities.
3. Fees. Fees for placing communications towers, antennas, and/or facilities on
public property shall be set by Council resolution.
172.13 ABANDONMENT. In the event the use of any communications tower has been
discontinued for a period of 180 consecutive days, the tower shall be deemed to be abandoned.
Determination of the date of abandonment shall be made by the City Administrator, who shall
have the right to request documentation and/or affidavits from the communications tower
owner or operator regarding the issue of tower usage. At 181 days after the date of
abandonment, without reactivating or upon completion of dismantling or removal, any special
exception and/or variance approval for the tower shall automatically expire. Upon
abandonment, the owner or operator of the tower shall have an additional 90 days within
which to either reactivate the use of the tower or transfer the tower to another owner/operator
who makes actual use of the tower within the 90 days or to dismantle and remove the tower.
172.14 TERMINATION. The Council may terminate any lease if it is determined that any
one of the following conditions exists:
1. A potential user of a higher priority cannot find another adequate location and
the potential use would be incompatible with the existing use.
2. A user’s frequency broadcast unreasonably interferes with other uses of
higher priority, regardless of whether or not this interference was adequately predicted
in the technical analysis.
3. A user violates any of the standards in this Ordinance or the conditions or
terms of the City’s Lease Agreement.
4. Before taking action, the City will provide notice to the user of the intended
termination and the reasons for it and provide an opportunity for a hearing before City
Council regarding the proposed action. This procedure need not be followed in
emergency situations.
172.15 NEW TECHNOLOGIES. During the term of any lease, if technological

advancements are made in the telecommunications field which will provide the
communications tower owner/operator the opportunity to be more effective, efficient, and
economical through the use of a substance or material other than those for which the lease was
originally made, the holder of the lease may petition the Council, which, with such
requirements or limitations as it deems necessary to protect public health, safety and welfare,
may allow the use of such substances under the terms and conditions of the lease.
172.16 HOME RULE. This chapter is intended to be and shall be construed as consistent
with the reservation of local authority contained in the 25th Amendment to the Iowa
Constitution granting cities home rule powers. To such end, any limitation on the power of
the City contained herein is to be strictly construed, and the City reserves to itself the right to

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AND ANTENNAS
exercise all power and authority to regulate and control its local affairs, and all ordinances and
regulations of the City shall be enforced against the holders of any lease.

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AND ANTENNAS

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CHAPTER 173
ZONING CODE – SIGN REGULATIONS

173.01 General 173.09 Signs in Office/Research Park and Industrial Zones
173.02 Definitions 173.10 Signs in Commercial Recreational Vehicle District
173.03 Sign Permits and Inspections 173.11 Religious Signs
173.04 Master Sign Plan Requirements 173.12 General Sign Regulations
173.05 Prohibited Signs 173.13 Specific Sign Regulations
173.06 Exempt Signs 173.14 Temporary Signs
173.07 Signs in Residential Zones 173.15 Change In Use
173.08 Signs in Commercial Zones 173.16 Nonconforming Signs
173.01 GENERAL. A sign shall not hereafter be erected, re-erected, constructed, altered,
or maintained, except as provided by this chapter and after a permit has been issued by the
Code Official.
173.02 DEFINITIONS. The following definitions are given for words used in this chapter:
“Approved plastic materials” – see “plastic materials, approved.”
“Awning sign” means a sign attached to or in any way incorporated with the face of
an awning or any other similar projection, and which does not extend beyond the
projection.
“Building Code” means the adopted code by the City.
“Changeable copy sign” means a permanent sign, such as a reader board which has
components which are easily changeable by physical and not electronic methods.
“Combination sign” means a sign incorporating any combination of the features of
pole signs.
“Corner visual clearance” means that area bounded by the street right-of-way lines of
a corner lot and a straight line joining points on said right-of-way lines 25 feet from
the point of intersection of said right-of-way lines.
“Curb line” means the line at the face of the curb nearest to the street or roadway. In
absence of a curb, the curb line shall be established by the Code Official. See “legal
setback line.”
“Development sign” means a permanent sign that displays the name of a development
or of multi-lot subdivision.
“Directional sign” means a sign designed to guide or direct pedestrian or vehicular
traffic and which is three square feet or less and contains no advertising message.
“Directory sign” means a permanent sign that displays the name of a building,
building complex, and/or the occupants.
“Drive-thru menu sign” means a sign displaying a menu or similar advertising for the
purpose of allowing patrons of a restaurant to order food at a drive-thru facility.
“Display surface” means the area made available by the sign structure for the purpose
of displaying the advertising message.

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CHAPTER 173 ZONING CODE – SIGN REGULATIONS
“Electric sign” means any sign containing electric wiring, but not including signs
illuminated by an exterior light source.
“Festoon sign” means any sign in which lights, ribbons, tinsel, small flags, pinwheels,
and pennants or other similar small, attention-drawing devices are attached to a rope,
string, wire, pole, or similar support.
“Fin sign” means a sign that is supported wholly by a one-story building of an open-
air business or by poles placed in the ground or partly by such a pole or poles and
partly by a building or structure.
“Ground sign” means a sign which is supported by one or more uprights or braces and
which is firmly and permanently anchored in or on the ground and which is not
attached to any building.
“Identification sign” means a sign displaying the name, address, crest, insignia or
trademark, occupation, or profession of an occupant of a building or the name of any
building on the premises.
“Incidental sign” means a sign, generally informational, that has a purpose secondary
to the use of the lot on which it is located, such as “no parking,” “entrance,” “loading
only,” “telephone,” and other similar directives. No sign with a commercial message
legible from a position off the lot on which the sign is located shall be considered
incidental.
“Information sign” means a sign displayed strictly for the direction, safety, or
convenience of the public and which sets forth no advertisement. Information signs
would include signs which identify parking areas and drives, restrooms, addresses,
telephones, exits and entrances, no trespassing area, danger areas, and similar
information.
“Legal setback line” means a line established by ordinance beyond which a building
may not be built. A legal setback line may be a property line.
“Marquee” means a permanent roofed structure attached to and supported by the
building and projecting over public property.
“Noncombustible” means (as applied to building construction) material which, in the
form in which it is used, is either one of the following:
Material of which no part will ignite and burn when subjected to fire. Any
material conforming to UBC Standard 2-1 shall be considered
noncombustible within the meaning of this section.
Material having a structural base of noncombustible material, as defined in
paragraph A, with a surfacing material not over 1/8 inch thick which has a
flame-spread rating of 50 or less.
Noncombustible does not apply to surface finish materials. Materials required to be
noncombustible for reduced clearances to flues, heating appliances or other sources of
high temperature shall refer to material conforming to subparagraph A. No material
shall be classed as noncombustible which is subject to increase in combustibility or
flame-spread rating beyond the limits herein established, through the effects of age,
moisture, or other atmospheric condition. Flame-spread rating as used herein refers to
rating obtained according to test conducted as specified in UBC Standard 8-1.
“Nonstructural trim” means the molding, battens, caps, nailing strips, cutouts or letters
and walkways that are attached to the sign structure.

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“Off-premises sign” means a sign which directs attention to a use conducted off the
lot on which the sign is located.
“On-premises sign” means a sign which has the primary purpose of identifying or
directing attention to the lot on which the sign is located.
“Painted sign” means a sign painted directly on an exterior surface of a building,
window, or wall.
“Parapet sign” means fascia sign erected on a parapet or parapet wall.
“Plastic materials, approved” means those having a self-ignition temperature of 650
degrees F or greater and a smoke-density rating not greater than 450 when tested in
accordance with UBC Standard 26-5. Approved plastics shall be classified and shall
meet the requirements for either CC1 or CC2 plastic.
“Pole sign” means a sign wholly supported by a sign structure in the ground.
“Political sign” means a temporary sign announcing candidates seeking public office,
a political issue, or containing other election information.
“Portable display surface” means a display surface temporarily fixed to a standardized
advertising structure and which is regularly moved from structure to structure at
periodic intervals.
“Portable sign” means a sign that is not firmly and permanently anchored or secured
to either a building or the ground.
“Projecting sign” means a sign (other than a wall sign) which projects from and is
supported by a wall of a building or structure.
“Projection” means the distance by which a sign extends over public property or
beyond the building line.
“Real estate sign” means a temporary sign which advertises the sale, rental, or lease of
the premises (or part of the premises) on which the sign is located, including open
house signs.
“Roof sign” means a sign erected upon or above a roof or parapet of a building or
structure.
“Sign” means any medium, including its structure and component parts, which is used
or intended to be used to attract attention to the subject matter for advertising purpose
other than paint on the surface of a building.
“Sign structure” means any structure that supports or is capable of supporting a sign
as defined in this code. A sign structure may be a single pole and may be or may not
be an integral part of the building.
“Structure” means that which is built or constructed, an edifice or building of any
kind, or any piece of work artificially built up or composed of parts joined together in
some definite manner.
“Swinging sign” means a sign which, because of its design, construction, suspension,
or attachment, is free to swing or move noticeably because of the wind.
“Temporary sign” means any banner, pendant, valance, or advertising display
constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light
materials, with or without frames, intended to be displayed for a limited period of time
only.

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“Wall sign” means any sign attached to or erected against the wall of a building or
structure, with the exposed face of the sign on plane parallel to the plane of the wall.
173.03 SIGN PERMITS AND INSPECTIONS.

1. Permits Required. It is unlawful for any person to erect, alter, or relocate
within the City any sign requiring a permit without first obtaining a sign permit from
the Code Official. All illuminated signs shall, in addition, be subject to the provisions
of the Electrical Code and shall be approved and labeled by a nationally recognized
testing lab. No signs shall be erected on a property without the authorization of the
property owner or authorized agent. Sign permits shall be issued only for signs which
are in accord with the approved sign plan on file with the Code Official.
2. Application for Permit. An application for a permit shall be made upon forms
provided by the Code Official and shall at a minimum contain or have attached thereto
the following information:
A. Applicant Information. Name, address, and telephone number of the
applicant.
B. Plans and Specifications. Two copies of detailed drawings of the
plans and specifications and method of construction and attachment to the
building or in the ground. Such blueprint or ink drawing shall show location
of sign or signs and shall certify the distance from each other, from signs on
adjacent property, from points of ingress and egress, and from adjacent
property lot lines.
C. Calculations. Copy of stress sheets and calculations showing the
structure is designed for dead load and 30 psf wind pressure in any direction
in the amount required by this and all other laws and ordinances of the City.
D. Erector. Name of the person or association erecting structure.
E. Valuation. Valuation of sign.
F. Other. Such other information as the Code Official shall require in
order to show full compliance with this and all other laws and ordinances of
the City.
3. Permit Expiration. If the work authorized under a sign permit has not been
commenced within six months after the date of issuance, the said permit shall become
null and void. The applicant must re-apply for a sign permit prior to installing a sign.
4. Permit Fees. A fee, as determined by resolution of the Council, shall
accompany all applications for sign permits or other advertising structures.
5. Revocation of Permits. The Code Official is hereby authorized and
empowered to revoke any sign permits issued by the City upon failure of the holder
thereof to comply with any provisions of this chapter.
6. Penalty for No Permit. In the event the erection, construction, or
reconstruction of any sign is commenced without first obtaining a permit, there shall
be, in addition to the required sign permit fee, an on-site inspection fee of $50.00.
This provision does not preclude any enforcement or penalty provisions contained in
this code.
7. Inspections Required. All construction or work for which a permit is required
shall be subject to inspection by the Code Official.

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8. City Codes and Ordinances Supersede Inspections. Approval as a result of an

inspection shall not be construed to be an approval of a violation of the provisions of
this chapter or of other City ordinances. Inspections presuming to give authority to
violate or cancel the provisions of this chapter or other City ordinances shall not be
valid.
9. Work to Remain Accessible. It shall be the duty of the permit applicant to
cause the work to remain accessible and exposed for the inspection purposes and to
schedule, and be present for, the required inspections. All such construction or work
including footings and foundations (structural and location), electrical connections,
etc. shall remain accessible and exposed for inspection until approved. Neither the
Code Official nor the City shall be liable for any expense entailed in the removal or
replacement of any material required to allow inspection.
10. Maintenance and Safety Inspections. The Code Official may cause to be
inspected from time to time, as deemed necessary, any sign regulated by this chapter
for the purpose of ascertaining whether the same is secure, and whether it is in need of
removal or repair and complies with this chapter.
173.04 MASTER SIGN PLAN REQUIREMENTS.

1. General. Signs for all development complexes shall comply with a master
sign plan for the development, subject to approval by the Code Official pursuant to
this section and issuance of a permit. Said plan shall include all proposed sign
locations, materials, structures, and installation details to the extent known at the time
of master sign plan submittal. Additional submittals or amendments to the master
sign plan may be necessary as new development complex becomes occupied or as
business within a complex change. A master sign plan containing the below listed
items shall be submitted to the Code Official for approval prior to a sign permit being
issued.
A. A site plan as described in Chapter 165 of this Code of Ordinances.
B. Calculation of the maximum sign area for individual signs, the height
of signs, and the number of signs allowed on the lots under this section.
C. An accurate indication on the plan of the proposed location of each
present and future sign of any type, whether requiring a permit or not, except
that incidental signs need not be shown.
D. Standards for consistency among signs on the lot with the following
specific items identified:
(1) Color scheme;
(2) Lettering or graphic style;
(3) Lighting;
(4) Location of each sign on the buildings;
(5) Material;
(6) Sign dimensions and proportions.
2. Master Sign Plan Requirements. Signs within a development complex shall
be subject to the following requirements:

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A. Each enterprise, institution, or business in a development complex

shall be permitted one wall sign per wall frontage subject to maximum size
requirements set forth in this chapter.
B. Each development complex shall be permitted one ground sign per
public street frontage. The maximum permitted sign area for each
development complex sign shall be as provided within the applicable zoning
district, plus a bonus of 10 additional square feet per business, enterprise,
institution or franchise within development complex, provided that such
bonus shall not exceed 50 percent of the base allowable sign area.
3. Existing Signs not Conforming to Master Sign Plan. If any new or amended
master sign plan is filed for a property on which existing signs are located, it shall
include a schedule for bringing into conformance all signs not conforming to the
proposed requirements of this chapter in effect on the date of submission, and shall at
a minimum follow the requirements of Section 173.16, Nonconforming Uses.
4. Binding Effect. After approval of a master sign plan, no sign shall be erected,
placed, painted, or maintained, except in conformance with such plan, and such plan
may be enforced in the same way as any provision of this chapter. In case of any
conflict between the provisions of such a plan and any other provision of this chapter,
the provisions of this chapter shall control.
5. Master Sign Plan Approval. A master sign plan shall be submitted for
approval to the Code Official prior to issuance of a sign permit according to the
following procedure:
A. Code Official Review. The master sign plan application shall be
submitted to the Code Official. The Code Official will review the application
for compliance with these regulations and then approve the application by
issuing the permit or disapprove the application. In the event the application
is disapproved, the Code Official shall notify the applicant of the decision and
may also provide the applicant with written findings and recommendations in
support of the decision. The applicant may then amend the application in
light of any findings and recommendations by the Code Official and submit
the amended application to the Code Official.
B. Appeal. Any applicant aggrieved by a decision of the Code Official
may appeal to the Board of Adjustment as provided in this code.
173.05 PROHIBITED SIGNS. The following devices and locations are specifically
prohibited:
1. In Public Rights-of-Way. No sign or sign structure other than an official
traffic, street, or related sign approved for placement by the controlling public agency
shall be placed on any street or highway right-of-way. No sign shall be attached to
any utility pole, light standard, street tree, or any other public facility located within
the public right-of-way.
2. Without Consent of Owner. No sign or sign structure shall be placed on
private or public property without the consent of the owner or authorized agent
thereof.
3. Imitation or Resemblance to Traffic Control and Safety Signs. No sign or
sign structure shall be erected at any location where it may, by reason of its size,
shape, design, location, content, coloring, or manner of illumination, constitute a

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traffic hazard or a detriment to traffic safety by obstructing the vision of drivers, by

obscuring or otherwise physically interfering with any official traffic control device,
or which may be confused with an official traffic control advice. No rotating beacon,
beam, or flashing illumination resembling an emergency light shall be used in
connection with any sign display or be visible from an adjacent street. No lights
resembling an emergency light and no such words as “Stop,” “Look,” “Danger,” or
any other lights, words, phrases, symbols, or characters which in any manner may
interfere with, mislead, or confuse vehicle operators, shall be used in a location which
is visible to vehicular traffic. No sign shall be located in such a manner as to impede
the corner visual clearance.
4. Exits Shall Remain Unobstructed. No sign shall be erected so as to prevent
free ingress to, or egress from, any door, window, fire escape or any other exit
required by the Building Code or Fire Code of the City, or by any other portion of this
Code of Ordinances.
5. Unsafe Attachments. No sign shall be attached to a standpipe, gutter drain,
unbraced parapet wall, or fire escape.
6. Mounting and Flashing Signs. No sign shall contain or have attached in any
way, flashing, blinking, or alternating lights of any kind.
7. Portable Signs. Portable signs, except as allowed for temporary signs.
8. Vehicle Signage. Any sign attached to or placed on a vehicle or trailer parked
on public or private property. The prohibition of this section does not prohibit the
identification of a firm or its principal products on a vehicle operating during the
normal course of business or being taken home.
9. Revolving Signs. No portion or part of a sign shall revolve, nor shall the
entire sign revolve.
10. Roof Signs. No roof signs shall be allowed.
11. Swinging Signs. No swinging signs over 24 square inches shall be allowed.
12. Wall and Fence Signs. Painting or affixing a sign to a wall or fence is
prohibited. An advertising sign message or copy shall not be painted or affixed
directly on a wall or fence.
13. Projecting Signs. Projecting signs, unless specifically approved by the
Commission and Council. See specific sign regulations in this chapter for details.
14. Billboard Signs.
15. Off-Premises Signs.
16. Banners and Pennants. No banners, festoons, pennants, twirling signs,
balloons, or other similar devices shall be allowed as permanent signs, and may be
permitted for temporary purposes as specified in Section 173.14.
173.06 EXEMPT SIGNS. The following signs are exempt from the provisions of this
chapter.
1. Miscellaneous Signs. Miscellaneous traffic or other signs of a public agency,
such as railroad crossing signs and signs which warn of danger, hazards, or unsafe
conditions.

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2. Official Flags and Emblems. Display of any official flag or emblem of a

nation, state, or city.
3. City Entrance. City identification and entrance signs installed by the City.
4. Window Signs. Any sign which is located within a building and not intended
to be visible from outside the building.
5. Memorials. Grave markers, statues, or remembrances of persons or events
which are noncommercial in nature.
6. Art. Works of fine art which are not displayed in conjunction with a
commercial enterprise for the principal purpose of commercial advertisement.
7. Temporary Decorations. Temporary decorations or displays celebrating the
occasion of traditionally accepted patriotic or religious holidays.
8. Small Vehicle Signs. Signs applied directly or attached directly to the body
of a car, bus, trailer, or other vehicle are exempt from the regulations of this section if
such vehicle has a valid registration, is utilized in the normal course of a business or in
the operator’s usual routine activities, and such vehicle is not used primarily for the
display of such sign or signs. If a sign-bearing vehicle does not meet all these
exemption criteria, it shall be considered a non-wall sign and be governed as such by
these regulations. However, any such vehicular signs which are no larger than one
square foot in area are exempt from the regulations contained within this section even
though the vehicle which bears them does not meet the exemption criteria previously
listed in this paragraph.
9. Nameplates. Nameplates that are posted in conjunction with doorbells or
mailboxes and do not exceed 24 square inches in surface area.
10. Legal Postings. Legally required signs and notices required to be displayed,
maintained, or posted by law or by any court or governmental order, rule, or
regulation.
11. Informational Signs. Information signs, not exceeding three square feet in
surface area, displayed strictly for the direction, safety, or convenience of the public,
including signs which identify restrooms, telephones, danger areas, parking area
entrances or exits, freight entrances, or the like.
12. Address Signs. Address signs, not exceeding one square foot in surface area,
containing only the address of the premises upon which it is located and limited to no
more than one sign for every 40 feet of lot street frontage.
13. Window Informational Signs. Window informational sign displaying
information about the operation of the business, such as days and hours of operation,
telephone number, and credit cards accepted. Such signs shall not exceed a maximum
area of two square feet.
173.07 SIGNS IN RESIDENTIAL ZONES. Residential development of four or more

dwelling units shall be permitted, limited to one development sign for each public street
frontage not within the project, or each entrance in the case of a subdivision project. Such
signs may be placed in any location on private property provided the sign complies with the
same height limitations specified for fences. Maximum sign area for each sign shall be two
square feet, plus one square foot for each dwelling unit or lot, but not exceed 25 square feet in
area per sign face.

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173.08 SIGNS IN COMMERCIAL ZONES.

1. Development Complexes. All development complexes shall require a master
sign plan pursuant to the requirements of this chapter, prior to the installation of any
signage.
2. Business Signs. Each enterprise, institution, or business shall be permitted
wall signs, one canopy sign per street frontage, and one ground sign per public street
frontage, subject to the following maximum size requirements. Multiple businesses in
same building shall apportion façade length, building wall, and street frontage such
that any maximum size requirement is not exceeded for a particular property.
A. Maximum Wall Sign Area. Total area of wall signage shall not
exceed the following requirements for each lineal foot of the building wall
from which the signage is attached.
(1) In C-1-A and C-1-B zone districts, one square foot for each
lineal foot, not to exceed the following maximums:
(a) 40 square feet for building walls up to 50 feet in
length.
(b) 80 square feet for building walls over 50 feet in
length.
(2) In C-2-A zone district, two square feet for each lineal foot,
not to exceed 300 square feet.
B. Maximum Ground Sign Area.
(1) In C-1-A zone district, one ground sign is permitted per
public street access. The surface area for each sign shall not exceed
50 square feet and the height shall not exceed 20 feet.
(2) In C-1-B zone district, one ground sign is permitted per street
frontage. The surface area for each sign shall not exceed 50 square
feet and the height shall not exceed 20 feet.
(3) In the C-2-A zone district, one ground sign is permitted per
street frontage. The surface area for each sign shall not exceed 100
square feet and the height shall not exceed 24 feet.
C. Canopy Sign Area and Dimensions.
(1) The maximum allowable sign area shall be one square foot
for each lineal foot of width of the canopy, awning, or similar
structure from which the sign is attached, as measured perpendicular
to the building wall.
(2) The maximum allowable horizontal length of a canopy sign
shall be equal to the width of the canopy, awning, or similar structure
from which the sign is attached, as measured perpendicular to the
building wall.
(3) The minimum vertical clearance between the lower edge of a
canopy or awning and the ground shall be eight feet.

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173.09 SIGNS IN OFFICE/RESEARCH PARK AND INDUSTRIAL ZONES.

1. Development Complexes. All development complexes shall require a master
sign plan pursuant to the requirements of this chapter, prior to the installation of any
signage.
2. Building Identification Signs. One building identification sign for each
building shall be permitted provided that no such sign shall exceed 25 square feet.
3. Business Signs. Each enterprise, institution, or business shall be permitted
wall signs, one canopy sign per street frontage, and one ground sign per pubic street
frontage, subject to the following maximum size requirements. Multiple businesses in
same building shall apportion façade length, building wall, and street frontage such
that any maximum size requirement is not exceeded for a particular property.
A. Maximum Wall Sign Area. The total area of wall signage shall not
exceed three square feet for each lineal foot of building wall the sign is
attached, not to exceed 300 square feet.
B. Maximum Ground Sign Area. One square foot for each lineal foot of
street frontage, not to exceed 100 square feet.
C. Canopy Sign Area and Dimensions.
(1) The maximum allowable sign area shall be one square foot
for each lineal foot of width of the canopy, awning, or similar
structure from which the sign is attached, as measured perpendicular
to the building wall.
(2) The maximum allowable horizontal length of a canopy sign
shall be equal to the width of the canopy, awning, or similar structure
from which the sign is attached, as measured perpendicular to the
building wall.
(3) The minimum vertical clearance between the lower edge of a
canopy or awning and the ground shall be eight feet.
173.10 SIGNS IN COMMERCIAL RECREATIONAL VEHICLE DISTRICT.

1. Business Signs. Each C-RV District shall be permitted one ground sign,
subject to the following maximum sizes.
2. Maximum Ground Sign Area. One square foot for each lineal foot of street
frontage, not to exceed 100 square feet.
173.11 RELIGIOUS SIGNS. Each religious principal use shall be permitted wall signs and
one ground sign per public street frontage, subject to the following maximum conditions:
1. Maximum Wall Sign Area. Total area of wall signage shall not exceed the
following requirements for each lineal foot of the building wall from which the
signage is attached: one square foot for each lineal foot, not to exceed 40 square feet.
2. Maximum Ground Sign. One ground sign is permitted per public street
access. The surface area for each sign shall not exceed 25 square feet and the height
shall not exceed 5 feet.

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173.12 GENERAL SIGN REGULATIONS.

1. Sign Illumination. All sign illumination shall be from the interior or from
floodlight projection shielded to preclude glare visible from public right-of-way and
neighboring properties.
2. Measurement of Sign Area. The square footage of a sign made up of letters,
words, or symbols within a frame shall be determined from the outside edge of the
frame itself. The square footage of a sign composed of only letters, words, or symbols
shall be determined from imaginary straight lines drawn around the entire copy or
grouping of such letters, words or symbols. Double-faced signs shall be calculated as
the area of one side only. Three-dimensional or multi-faced signs shall be calculated
as the maximum area visible from any single direction at any point in time.
3. Condition and Maintenance. All signs shall be of rust-inhibitive material or
treatment, and shall be maintained in good condition in the opinion of the Code
Official. All signs, together with supports, braces, and anchors shall be kept in good
repair and safe state of preservation. The display surfaces of all signs shall be kept
neatly painted or posted at all times.
4. Electronic Message Signs. Electronic message signs that display time and
temperature or provide changing messages are permitted.
5. Compliance. The construction, installation, erection, anchorage, and
maintenance of all signs are subject to the applicable provisions of this section, the
Building Code and other applicable codes.
6. Landscaping. All ground signs shall have one square foot of landscaping at
the base of the sign for each two square feet of sign surface area.
7. Corner Visual Clearance. Signs located within 25 feet of a corner street lot
line intersection shall be so erected and maintained that an unobscured visual sight
area is provided for vehicle operators. Such unobscured area, at a minimum, shall
extend from a distance of three feet above finished street grade to 10 feet above said
grade. No more than two pole or post supports of no more than 10 inches in diameter
shall be permitted within such unobscured area. Additional limitations upon location,
size, and height of any such signs may be required by the City if additional
requirements are necessary to meet standard traffic engineering practices.
8. Interference with Utilities. Signs and their supporting structures shall not
interfere with any equipment or lines for utilities including water, sewage, gas,
electricity, or communications.
9. Obstruction to Doors, Windows, or Fire Escapes. No sign shall be erected,
relocated, or maintained so as to prevent free ingress to or egress from any door,
window, or fire escape. No sign of any kind shall be attached to a standpipe or fire
extinguisher system. No sign shall obstruct or interfere with any opening required for
ventilation.
10. Building and Electric Codes. Signs shall meet the requirements of the
building and electric codes.
11. Wind Pressure and Dead Load Requirements. All signs and sign structures
shall be designed and constructed to withstand load pressures as regulated by the
Building Code.

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12. Sign Mounting. All signs shall be mounted in one of the following manners:
A. Flat against a building or wall, or
B. Back to back in pairs, so that the backs of such signs will be screened
from public view, or
C. In clusters in an arrangement which will screen the backs of the signs
from public view, or
D. Otherwise mounted so that the backs of all signs or sign structures
showing to public view shall be painted and maintained a neutral color that
blends with the surrounding environment.
173.13 SPECIFIC SIGN REGULATIONS. The conditions of this section are applicable
to all signs.
1. Setback. No sign shall be closer than two feet from the established property
line.
2. Minimum Clearances over Access Ways. Unless a greater or lesser minimum
height is specifically listed for a particular sign, any part of a sign which projects into
or over any access way shall have a minimum height of not less than the following:
A. Vehicular way: 14 feet.
B. Pedestrian way: 8 feet.
3. Minimum Distance Between Signs. All ground signs in the districts in which
they are allowed shall have a minimum distance of 150 feet between them or a
distance equal to 50 percent of the lot frontage of the lot on which they are affixed,
whichever is greater.
4. Directional Signs.
A. No more than two directional signs per street entrance shall be
permitted for any enterprise, business, or institution.
B. Such signs shall be for the sole purpose of ensuring safe and
convenient access and aggress to the use for which they apply.
C. No such sign shall exceed two square feet in area in the residential
zones, and shall not exceed four square feet in area in all other zones.
5. Community Event Message Signs.
A. A nonprofit organization shall be eligible to apply for a conditional
use permit to allow a sign area bonus for a community event message sign.
The purpose of this area bonus shall be to allow the display of changing
messages and information on such matters as the date, time, location, and
sponsor of special events of community interest. Such signs shall meet the
following standards and conditions:
(1) Each nonprofit organization shall be eligible for a bonus for
no more than one wall sign or one ground sign.
(2) The maximum bonus available shall be 50 percent of the base
permitted sign area if located in a residential zone, or 100 percent if
located in any other zone.

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(3) Permanent advertising of a commercial nature shall be

allowed only in commercial zones and shall not exceed 25 percent of
the total area of the community event message sign.
(4) The sign shall be made reasonably available to other
community-based nonprofit organizations for the display of
information about special events or other announcements of a
noncommercial nature.
(5) The sign shall not be of a size, or cited in such a manner, that
will substantially hinder the visibility of other legal signs on adjacent
properties.
B. In reviewing an application for a community event message sign, the
Commission and Council shall consider the following objectives, and may
impose conditions to ensure that these objectives are met:
(1) By virtue of the sign’s design, size, location, and other
factors, including appropriate landscaping, the sign shall be
harmonious and compatible with its surrounding, and consistent with
community aesthetic sensibilities.
(2) The sign shall not be erected, or any electronic or electric
changing copy be controlled, in a manner that will be a substantial
distraction to motorists, thus causing a traffic hazard.
6. Bench Signs. Bench signs are permitted and limited to two benches per lot.
7. Projecting Signs. Projecting signs are allowed only upon approval by the
Council after review and recommendation by the Commission. Application for the
sign permit shall be consistent with Section 173.03 regarding submission materials.
Projecting signs shall meet all setback, clearance, area, number, and general
regulations in this chapter. The Commission and Council shall determine if the sign is
appropriate for the location proposed and if the design is consistent with City aesthetic
design goals regarding the following factors:
A. Signs may be attached only to building walls. They may not be hung
from roofs, fences, or eaves.
B. Colors and design theme are required to be consistent with the
building to which the sign is attached.
C. Projection is required to be minimized to the maximum extent
possible.
D. If lit, internal lighting is required.
E. All messages on the sign shall relate to the principle on-site use.
F. The mounting technique shall be safe and attractive.
G. Other considerations unique to the specific sign proposed and the site.
173.14 TEMPORARY SIGNS.

1. Political Signs.
A. Political signs shall be permitted in all zones.

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B. Such signs shall not exceed 8 square feet in area and shall not exceed
42 inches in height.
C. Political signs shall be permitted only for a period of 90 days prior to
the election and shall be removed within 10 days after the election.
D. Political signs shall not be placed within any public property or right-
of-way.
E. Political signs established in violation of this section may be
immediately removed by the Code Official.
2. Real Estate Signs.
A. Real estate signs shall be permitted in all zones, provided that all such
signs shall be located on the property to which they apply, except as provided
in paragraph D of this section.
B. Such signs shall conform to the following maximum size
requirements: 4 square feet in area for the first 10,000 square feet in lot area,
plus 4 square feet for additional 10,000 square feet of lot area, not to exceed
32 square feet.
C. Real estate signs shall be removed upon closing of the sale.
D. In addition, real estate signs advertising the sale of lots within a
subdivision shall be permitted no more than one sign per entrance into the
subdivision, and each sign shall be no greater than 32 square feet in area, no
greater than 8 feet in height, and erected no longer than a period of three
years.
3. Special Sale Signs.
A. Sale and grand opening signs are permitted in all zones provided that
such signs are displayed no more than 15 consecutive days for every three
months. Such signs shall be removed immediately upon termination of the
sale or event that they advertise.
B. All such signs must be attached to the façade, wall, or window of the
building occupying or conducting the sale or event which they advertise.
C. No business shall have more than two such signs for each façade or
wall of the building to which they are attached.
D. The total sign size shall not exceed 50 percent of the size of the
permitted wall sign or 25 square feet in area, whichever is greater.
4. Promotional Signs. Promotional signs advertising a special community event
such as a fair, farmer’s market, or parade may be permitted to be located over the
public right-of-way. The size, location, and method of erection of such signs shall be
subject to approval by the Public Works Director pursuant to good engineering
practices and shall be consistent with the paramount purpose of public right-of-way to
provide safe and convenient traffic circulation.
173.15 CHANGE IN USE. Whenever the use of land or structure changes, any signs that
do not relate to the new use or to any product or service associated with the new use shall be
removed or appropriately altered consistent with the provisions of this section. Furthermore, it
shall be the responsibility of the property owner of the land and/or improvements to remove

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any sign or signs on premises where the associated use has been discontinued for a period of
more than 90 days.
173.16 NONCONFORMING SIGNS. Whenever a business, person, enterprise, or

institution for which existing signage does not conform to the requirements of this chapter
seeks to structurally alter or enlarge an existing sign, or erect or install a new sign, the
provisions of this section shall apply as follows:
1. The alteration, enlargement, installation, or erection of signage shall not
increase the degree of nonconformity.
2. If the value of the structural alteration to a nonconforming sign equals or
exceeds 50 percent of the value of the sign, as determined by the Code Official, the
sign shall be made to conform to all provisions of this chapter.
3. Enlargement, installation, or erection of conforming signage shall be
accompanied by a reduction in the degree of nonconformity for other signage existing
on the premises. This reduction in nonconformity can be accomplished by reduction
in size of existing sign (if nonconforming as to square feet), removal (if
nonconforming as to the number of signs), relocation (if nonconforming as to
location), or a combination of reduction, removal, and relocation of nonconforming
signage shall equal, as nearly as practical, 75 percent of the value of the new or
enlarged conforming signage, or the costs necessary to bring all signage on the
premises into conformance with this section, whichever is the lesser requirement.
4. The provisions of items 2 and 3 of this section do not apply to temporary or
illegal signs. Temporary signs that do not comply with the requirements of this
chapter and other illegal signs shall be removed within ninety days after notification
of the sign’s nonconformity.

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CHAPTER 180
SUBDIVISION REGULATIONS
180.01 Purpose 180.08 Buffer Yards
180.02 Definitions 180.09 Subdivision Plats Generally
180.03 Approval of Plats 180.10 Preliminary Plats
180.04 Compliance 180.11 Final Plats
180.05 Expenditure of Funds 180.12 Building Permits
180.06 Amendment Procedure 180.13 Exceptions
180.07 Design Standards
180.01 PURPOSE. The purpose of this chapter is to provide for the harmonious
development of the City, for the coordination of streets within subdivisions with other existing
or planned streets, for adequate open spaces, for traffic, recreation, light, and air, and for
distribution of population and traffic which will tend to create conditions favorable to health,
safety, and general welfare.
180.02 DEFINITIONS. For the purpose of this chapter, the following terms or words shall
be interpreted and defined as follows:
“Alley” means a public thoroughfare which affords only a second means of access to
abutting property.
“Arterial street” means a street intended for cross-town or through traffic.
“Collector street” means a street intended to carry traffic from residential streets to
arterial streets.
“Commission” means the Planning and Zoning Commission of the City.
“Cul-de-sac” means a local street closed at one end with a turnaround.
“Local street” means a street which provides for direct access to abutting property and
for the movement of local traffic. Local streets may serve residential, commercial,
industrial, or institutional areas.
“Loop street” means a local street which has two intersections with another street; in
so doing, such street has an alignment roughly in the shape of a “U,” may have lots on
either side, and has no other street intersection except at the ends of the “U.”
“Separate tract” means a parcel of land or a group of contiguous parcels of land under
one ownership on the effective date of the ordinance codified in this chapter.
“Street” means a right-of-way dedicated to and accepted for the public use, which
affords the principal means of access to abutting property.
“Subdivision” means the division of a separate tract of land into three or more lots or
parcels for the purpose of transfer of ownership or building development, or, if a new
street is involved, any division of a parcel of land.
“Turnaround” means a radial, circular, or loop drive at the termination end of a cul-
de-sac permitting a vehicle to reverse its direction while continuing its forward
movement.

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CHAPTER 180 SUBDIVISION REGULATIONS
180.03 APPROVAL OF PLATS. A plat or replat of a subdivision of land located within

the City or, pursuant to Section 354.9 of the Code of Iowa, within two (2) miles of the
corporate limits of the City shall be certified as approved by the Mayor and the same affixed
to the plat or replat only after approval as provided in this chapter by a resolution of the
Council.
180.04 COMPLIANCE. No plat or subdivision in the City subject to control of the City
under Section 354.9 of the Code of Iowa shall be recorded or filed with the County Auditor or
County Recorder, nor shall any plat or subdivision have any validity until it complies with the
provisions of this chapter and has been approved by the Council as prescribed in this chapter.
180.05 EXPENDITURE OF FUNDS. No public improvements over which the Council

has control shall be made with City funds, nor shall any City funds be expended for street
maintenance, street improvements, or other services in any area that has been subdivided after
the date of adoption of the ordinance codified in this chapter, unless such subdivision and
streets have been approved in accordance with the provisions of this chapter, and the street
accepted by the Council as a public street.
180.06 AMENDMENT PROCEDURE. This chapter may be amended from time to time
by the Council. Such amendments as may be proposed shall first be submitted to the
Commission for study and recommendation. The Commission shall report within 30 days,
and failure to do so will be deemed approval of the proposed amendment. The amendment
shall become effective from and after its adoption and publication as required by law.
180.07 DESIGN STANDARDS.

1. Improvements.
A. Specifications. The type of construction, the materials, methods, and
standards of subdivision improvements shall be equal to the current
specifications of the City for like work. Plans and specifications shall be
submitted to the City Council for approval prior to construction, and
construction shall not be started until the plans and specifications have been
approved.
B. Inspection; Cost. The City Engineer shall cause the installation of all
improvements to be inspected to ensure a compliance with the requirements
of this chapter. The cost of the inspection shall be borne by the subdivider
and shall be the actual cost of the inspection to the City.
2. Street, Right-of-Way, and Pavement Widths.
A. All street widths shall be measured from back to back of the curbs.
B. Right-of-way widths shall be provided as follows:
(1) Arterial streets, 80 feet;
(2) Collector streets, 66 feet;
(3) Local streets, 60 feet;
(4) Cul-de-sac, 100 feet;
(5) Cul-de-sac entry streets, 50 feet;
(6) Alleys, 20 feet.

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C. Pavement widths shall be provided as follows:

(1) Arterial streets, 45 feet.
(2) Collector streets, 36 feet.
(3) Local streets, 29 feet.
(4) Cul-de-sacs shall be paved with a 29-foot-wide paving, and
the outer edge of the cul-de-sac bulb shall be 15 feet inside the
circumference of the right-of-way. There will be no islands within
the cul-de-sac bulb. Cul-de-sacs shall not exceed 900 feet in length.
A cul-de-sac shall be measured from the centerline of the street from
which it commences to the center of the turnaround.
(5) Alleys, 16 feet.
(6) Sidewalks, 4 feet minimum.
(7) Industrial streets, 29 feet.
(8) Commercial or industrial alley, 20 feet.
3. Street Grades. No street grade shall be less than one-half of one percent and
shall not exceed the following limits:
A. Arterial streets, 8 percent;
B. Collector streets, 10 percent;
C. Residential streets, 12 percent;
D. Industrial streets, 10 percent.
4. Intersections.
A. Intersections of more than two streets at a point shall not be
permitted.
B. Intersections of street centerlines shall be between 80 degrees and 100
degrees.
5. Arterial and Collector Streets.
A. New subdivisions shall make provisions for continuation and
extension of arterial and collector streets.
B. Arterial and collector streets in a subdivision shall extend through to
the boundaries thereof.
C. In the event arterial or collector streets are required, the City shall pay
for the excess of pavement required over that required for a 29-foot local
street. This excess shall be considered a strip in the center of the pavement.
The cost of this shall be calculated by the City Engineer’s office.
6. Lots.
A. Corner lots which abut on an arterial or collector street shall have a
minimum radius of 15 feet at the intersection.
B. Lots with double frontage on front and rear shall be avoided, except
in specific locations where good platting indicates their use.

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C. Side lines of lots shall approximate right angles to straight street lines
and radial angles to curved street lines except where a variation will provide
better street and lot layout.
7. Miscellaneous Standards.
A. Jogs of less than 125 feet shall be avoided.
B. No dead-end streets and alleys will be permitted except at
subdivisions boundaries on undeveloped areas.
C. The length of blocks shall be not less than 400 feet and not more than
2,000 feet.
D. The width of the block shall be sufficient to permit two tiers of lots,
but in no case shall the width be less than 220 feet.
E. Crosswalks may be required in blocks over 800 feet long or in areas
where curved streets require excessive out-of-distance travel. If required,
they shall be constructed by the developer and dedicated to the City.
F. Alleys shall be discouraged in residential districts, but shall be
provided in commercial and industrial districts unless an alternate plan for
service area is provided.
G. A four-foot-wide concrete sidewalk shall be provided and must meet
all City specifications.
H. An iron rod not less than ⅝-inch in diameter and 30 inches in length
shall be placed as follows: on all corners and angle points on property lines.
I. The subdivider shall, as part of said subdivider’s duty to dispose of
the storm water, reconnect any and all field drainage tile that the subdivider
encounters in placing improvements in the subdivision. In no event shall the
subdivider create undue hardships on the adjoining property owners by
blocking said tile, but instead shall have a duty to continue the proper
drainage of the underground water.
8. Water System. The subdivider shall provide the subdivision with a complete
water main supply system including hydrants, valves, and all other appurtenances
which shall be extended into and through the subdivision to the boundary lines, and
which shall provide for a water connection for each lot, and shall be connected to the
municipal water system when installed and when it meets all City specifications.
9. Sewer System. The subdivider shall provide the subdivision with a complete
sanitary sewer system including stubs for each lot which shall connect with a sanitary
sewer outlet approved by the City Engineer. The sewers shall extend to the
subdivision boundaries as necessary to provide for the extension of the sewers by
adjacent property. In the event the City requires a sewer system which is greater than
is needed to service the subdivision itself, the City shall pay on a pro rata basis for the
excess cost over that which is necessary to service the subdivision itself. Other
subdivisions which connect with the systems shall on a pro rata basis reimburse the
City for the cost of the additional system, which shall service that subdivision and
meet all City specifications.

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10. Storm Drain System.

A. The developer shall provide the subdivision with adequate drains,
ditches, culverts, complete bridges, storm sewers, intakes, and manholes to
provide for the collection and removal of all surface waters, and these
improvements shall extend to the boundaries of the subdivision so as to
provide for extension by adjoining properties.
B. It is not intended that the City pay for the excess cost when the
subdivider is required under Iowa Civil Law Rule to take care of the natural
drainage as between adjoining lands, as this will still be a requirement of the
subdivider to make sure that the subdivision properly takes care of all
drainage water, at no cost to the City.
11. Utilities.
A. The subdivider shall provide installation of electric distribution lines,
street gas mains, telephone lines, and other facilities in any new subdivision
as are needed, before final approval shall be given to the final plat. The
subdivider shall be responsible for making the necessary monetary
arrangements to provide for such utilities as are needed and, in addition, shall
provide for underground facilities in residential subdivisions and commercial
subdivisions with each utility company. In providing for said utility
transmission lines, the subdivider shall make sure that adequate connections
are provided to each subdivision lot of utilities as needed.
B. The subdivider shall also submit the proposed street lighting
placements for Council approval. Upon receiving the submission, along with
the final plat and construction plans, the Council shall cause the same to be
reviewed by the City Engineer. The City Engineer shall determine the
appropriate location for the street lights in the subdivision. In all new
subdivisions, decorative street lights shall be selected by the subdivider, from
an approved list provided by the City. All costs in connection with the
furnishing of street lighting placements, the decorative poles, light fixtures,
and related parts, in new subdivisions, shall be the responsibility of the
subdivider.
C. The subdivider shall provide all necessary easements in the
subdivision for placement of all utilities, including street lights, and will
submit to the City at the time the final subdivider’s agreement is presented, all
proposed easements for use in the subdivision.
D. As a condition of the approval of the final plat by the City, the
preliminary and final subdivision plat shall be presented to the designated
representatives of the utility companies serving this subdivision area for the
purpose of review and concurrence that sufficient easements have been
obtained and shown on the final plat to accommodate placement of their
particular utility service lines.
E. All proposed utility line locations in public rights-of-way or
municipal easement shall be reviewed by the City for the purpose of avoiding
location, topographic, or other conflicts. In no case shall the permanent utility
lines or appurtenances be constructed prior to authorization and approval of
the final plat by the City.

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12. Underground Public Utility Facilities.

A. It is required that in all new residential and commercial subdivisions
all on-site utility lines, including (but not limited to) electric, communications,
street lighting, and gas lines, shall be installed underground except as
hereinafter provided. For the purpose of this section, appurtenances and
associated equipment such as, but not limited to, surface-mounted
transformers, pedestal-mounted terminal boxes, and meter cabinets may be
placed above ground.
B. Underground facilities need not be installed in the following
instances:
(1) Any increase of service size including single phase to three-
phase conversion;
(2) For any new service when utility poles exist along abutting
property lines which are not separated by any alley or public right-of-
way and no additional utility poles are required;
(3) Installation of new or replacement feeder lines or
transmission lines located within the City’s subdivision jurisdiction.
180.08 BUFFER YARDS.

1. Definition and Purpose. “Buffer yard” means a yard or portion of a yard
along with required plantings, berming, landscaping, or fencing which provides both a
physical separation and screening between potentially incompatible land uses or
between a land use and a public road. Buffer yards shall be required to separate
different land uses from each other in order to eliminate or minimize potential
nuisances such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or
parking areas or to provide spacing to reduce adverse impacts of noise, odor, or
danger from fires or explosions.
2. Location. Buffer yards will be required to meet the following location
requirements:
A. Where any business or industrial use (e.g., structure, parking, or
storage) abuts property zoned for residential use or is currently used for
residential purposes, that business or industry shall provide a buffer yard
along the boundary of the property. Screening shall also be provided where a
business or industrial use and a residential zone or use are separated by a
public street, except when the side of the business or industrial use considered
to be the front faces the residential zone or use and is separated by the public
street.
B. A buffer yard is required, as determined by the Council, where a
residential subdivision abuts an expressway or arterial street.
C. Buffer yards shall be located on the outer perimeter of a lot or parcel
of property, extending to the lot or parcel boundary line. Buffer yards shall
not be located on any portion of an existing or dedicated public or private
street or right-of-way without specific written permission and agreement by
the City.
3. Determination of Size. The type and width of buffer yard required between
two adjacent parcels or between a parcel and a street is determined by the use or

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proposed use of all adjoining land, the zoning district or districts in which the property
is located, and the zoning districts adjoining the subject property.
A. Residential subdivisions abutting an expressway or arterial street will
be required to provide a buffer yard 20 feet in width.
B. Industrial uses abutting a residential zoning district or residential use
will be required to provide a buffer yard 50 feet in width. This buffer yard
width may be reduced to not less than 30 feet in those cases where major
intensification of plant materials provide a complete visual screen of the
industrial site or the use does not create a nuisance or severe adverse impact
on the adjoining property and such alternative buffer yard width is determined
to provide an adequate buffer between the two uses by the Council. Where
the industrial use abuts a public street, a buffer yard 15 feet in width shall be
required.
4. Responsibility.
A. When a use is first to develop of two adjacent parcels of property, the
developer of the first use shall provide a buffer as required by this chapter.
The second use to develop shall, at the time of development, provide all
additional buffer yards necessary to provide the total buffer yard required
between the two adjacent uses.
B. Existing plant material and/or land located on the first developed
property which meets the requirements of this chapter may be included as
contributing to the total buffer yard required between it and the adjacent land
use.
C. Except for land uses existing prior to the date of the ordinance
codified in this chapter which would require a buffer yard, the owner or
developer of the more intense land use or zoning district will be responsible
for providing the prescribed buffer yard.
D. In areas where land uses exist, the provision of the buffer yard will be
the responsibility of the party installing or constructing the new development.
E. The buffer yard property owner will be responsible for the
construction, maintenance, and upkeep of the buffer yard.
F. This chapter is not applicable to either developed industrial or
residential properties that abut one another prior to the date of the ordinance
codified in this chapter.
5. Screening. Adequate screening levels and type of screening shall be
determined by the City Council and shall take into consideration the context of the site
with regards to changes in level, and views from the adjacent property. All fencing
and screening specifically required by this chapter shall consist of a fence and/or a
green belt planting strip complying with the following minimum standards:
A. A green belt planting strip shall consist of evergreen trees and/or
deciduous trees and plants and shall be of sufficient width and density to
provide an effective visual screen. This planting strip shall be designed to
provide complete visual screening to a minimum height of six feet. Earth
mounding of berms may be used but shall not be used to achieve more than
four feet of the required screen unless approved by the Council. The planting
plan and type of plantings shall require the approval of the Council.

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B. A required screening fence shall be constructed of masonry, brick,

wood, or metal. Such fence shall provide a solid screening effect six feet in
height. The design and materials used in constructing a required screening
fence shall be subject to the approval of the Council. Fences in excess of six
feet in height shall require approval of the Council.
C. Buffer yard screening through the use of a fence only shall not be
allowed without the express written approval by the City.
6. Landscaping Design Standards. Prior to approval of a final plat, a landscape
plan is required for all buffer areas. The landscape plan must be prepared by a
registered landscape architect. The plan must show the planting type, size, quantity,
location, planting specifications, and grading.
A. All plants must at least equal the following minimum sizes, unless a
buffer agreement approved by Council allows for plants of smaller size.
Larger plant materials may be required when determined that they are
necessary for more immediate screening.
Potted/Bare Root or
Balled and in Burlap
Shade trees* 2-inch diameter
Half trees (Flowering Crab, Russian Olive, Hawthorn, etc.) 1½-inch diameter
Evergreen trees 3 – 4 feet
Tall shrubs and hedge material (evergreen or deciduous) 3 – 4 feet
Low shrubs:
– deciduous 24 – 30 inches
– evergreen 24 – 30 inches
– spreading evergreens 18 – 24 inches
*Type and made are dependent upon time of planting season, availability, and site conditions
(soils, climate, groundwater, irrigation, grading, etc.).
B. Spacing.
(1) Plant material centers shall not be located closer than three
feet from the fence line or property line, unless approved by City
staff, and shall not be planted to conflict with public plantings based
on the judgment of the City staff.
(2) Where plant materials are planted in two or more rows,
plantings shall be staggered in rows unless otherwise provided subject
to the approval by City staff.
C. All portions of the buffer yard not occupied by plantings or fencing
shall be seeded or sodded with grass or ornamental groundcover, subject to
the approval by City staff.
D. Any existing plant material or site topography which otherwise
satisfies the landscaping standards may be used to satisfy the conditions of
this chapter.

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E. Procedures and specifications for the installation of all plant materials

shall be provided within the landscape plan and subject to approval by City
staff.
F. Turf slopes of all berms shall not exceed a 3:1 ratio.
G. The landscape plan should illustrate exterior water spigot or irrigation
system to ensure landscape maintenance, or a plan approved by the City that
will provide the adequate watering of the landscape.
H. Landscape Guarantee. All new plants shall be guaranteed for two full
years from the time planting has been completed. All plants shall be alive and
in satisfactory growth at the end of the guarantee period or be replaced.
Developer or assign shall make guarantee.
I. It is the intent of this chapter that adequate screening shall be
maintained in perpetuity. The screening requirements of this chapter shall be
complied with in all required buffer yards unless otherwise approved by the
Council.
J. At street intersections, on corner lots in all districts, no structure,
fence, or planting material in excess of three feet in height above the street
grade shall be permitted within a triangular area composed on two of its sides
25 feet in length and measured along the right-of-way lines from the point of
intersection of the right-of-way lines.
7. Material.
A. All buffer yard materials shall be seeded or sodded with lawn unless
ground cover is already established. Any existing plant material which
otherwise satisfies the requirements of this section may be counted toward
satisfying all such requirements.
B. The exact placement of required plants and structures shall be the
decision of each user except that the following requirements shall be satisfied:
(1) Evergreen or conifer plant material shall be planted in
clusters rather than singly so as to maximize the chances of the
plant’s survival.
(2) Berms with masonry walls are intended to buffer more
significant nuisances from adjacent uses and to break up and absorb
noise, which is achieved by the varied heights of plant material
between the masonry wall and the noise source. When berms with
masonry walls are required, the wall shall be closer than the berm to
the higher intensity use.
3. In all buffer yards, evergreen or conifer shrubs may be
substituted for deciduous shrubs without limitation.
8. Use of Buffer Yards.
A. A buffer yard may be used for passive recreation. It may contain
pedestrian and bike trails, provided that no plant material is eliminated, the
total width of the buffer yard is maintained, and all other regulations and
specifications of this chapter are met.

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B. In no event shall ice-skating rinks, play fields, ski hills, stables,

swimming pools, or tennis courts be permitted to be placed or constructed in
required buffer yards.
9. Ownership. Buffer yards remain in the ownership of the original developer of
the land use for which the buffer was necessary or its assigns. A buffer yard may be
transferred to any consenting grantee, such as adjoining landowners, a park or a
conservation group, provided that any such conveyance adequately guarantees the
protection, maintenance, and preservation of the buffer yard for the purposes of this
chapter.
10. Excessive Buffer Yard.
A. Where the property between a land use and a vacant land turns out to
be less than the buffer yard required under this chapter, the developer may
petition the Council to reduce the required buffer area.
B. When a land use is proposed that is adjacent to vacant property, and
the owner of the vacant land enters into a contractual relationship with the
owner of the land that is to be developed first, a reduced buffer may be
permitted to be constructed, provided that:
(1) The contract contains a statement by the owner of the vacant
land of an agreement or covenant to develop at no greater than a
specified land use intensity; and
(2) The landowner agrees to assume all responsibility for
constructing an additional buffer, if needed by subsequent
development of a more intensive use that has been agreed upon
originally.
11. Waiver. When the buffer yard required by this chapter creates a demonstrable
and unnecessary hardship on the property owner or developer of the property where
the buffer yard is intended to be located, so that the requirement of the buffer yard
amounts to a denial of all beneficial use of the property or prevents the property from
being able to yield a reasonable return as a result of the buffer requirement, the
affected developer or owner may petition the Council to waive any or all requirements
under this chapter.
180.09 SUBDIVISION PLATS GENERALLY.

1. Planning Conference. The applicant shall request a planning conference in
advance of the preliminary plat preparation in order to discuss the proposed
subdivision and to obtain information as to the requirements necessary for approval of
the plat. The purpose of the planning conference is informational only, and no
approval can be given, nor can any requirements of this chapter be waived.
Participants in the planning conference, in addition to the applicant and applicant’s
representatives, may be: the City Administrator, the City Planner, the City Engineer,
the City Attorney, the Code Official, and one member of the Commission, designated
by the Chairperson of said Commission, and any other official of government deemed
to have an interest in the layout or facilities to be furnished in the subdivision. The
applicant may wish to prepare for such a conference some or all of the following
materials, which may later be used in preparing a preliminary plat:
A. A legal description of the parcel to be subdivided, if available.

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B. A layperson’s description identifying the location of the parcel.

C. A vicinity and contour map of the parcel showing nearby street
patterns, property lines and other significant features which will have a
bearing upon the subdivision; contour intervals suitable for determining
general street and utility requirements; and existing substantial buildings and
any other features that will have a bearing upon the design of the subdivision
or the provision of utilities.
D. A concept plan of the proposed layouts of streets, blocks, and
drainage courses. This concept plan may be drawn upon the contour map and
should indicate the scale and north point, the proposed name of the
subdivision, the words “preliminary sketch,” and the name, address, and
telephone number of the applicant and of the engineer, landscape architect, or
surveyor.
2. Good Neighbor Meeting. After the planning conference but before a
preliminary plat is submitted to the City, the applicant shall hold a Good Neighbor
meeting when land is being proposed to be subdivided for development purposes.
A. The applicant will be required to file an application with the City
Administrator for a meeting at which the developer or applicant shall show
the proposed subdivision request to adjacent property owners, citizens, and
other interested persons. The meeting will be moderated by the City
Administrator and scheduled prior to submission of the initial preliminary plat
and no less than 30 days prior to the first meeting held by the Commission to
hear a subdivision request.
B. The City, at the applicant’s expense, shall send out by regular mail an
announcement to the property owners that are within 200 feet of the
boundaries of the property proposed to be subdivided. Said announcement
will note the time, date, and location of the meeting to discuss the subdivision
proposal, which notice will be mailed no later than 14 days prior to the
meeting. The City shall cause to be published a notice of the meeting, at the
applicant’s expense, and also post notice of the meeting on its website, both of
which shall be done at least seven days prior to the meeting. The
Commission, Mayor, and Council will be notified that a meeting will be held
to discuss the proposed subdivision request at least seven days prior to the
meeting. The required mailing and notices shall include a plain language
description of the location and boundaries of the subject property.
C. The purpose of the meeting is to allow the abutting residents to
express various points of view in regard to the subdivision request.
D. The meeting shall be held prior to any City staff action on the
subdivision application, other than the planning conference.
E. In the event that a proposed subdivision is dependent upon the
property first being rezoned, the requirements of this section shall be fulfilled
by the applicant and the meeting scheduled no less than 30 days prior to the
first meeting held by the Commission to consider the rezoning request. In this
event, the meeting shall include a presentation on both the proposed rezoning
and subdivision requests.

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3. Plat Schedule. Unless otherwise provided by this chapter, preliminary and

final plats shall be reviewed and processed by the City in accordance with the
following schedule:
Action Date
Original Plat and Plans Submitted by Applicant first day of the month
City Administrator, Planner, Engineer, and Attorney Review and 14th of the month
Issue Report
Revisions and Re-Submittals by Applicant Based on Report 21st of the month
City Administrator, Planner, Engineer, and Attorney Make Final last Thursday of the month
Review of corrected Documents and Issue Report
Planning and Zoning Commission Meeting first Tuesday of the next month
4. Applicant Standing.
A. All applicants are presumed to be in good standing with the City and
therefore have a right to submit applications in accordance with the processes
and standards set forth in this chapter. However, the City Administrator has
the authority to place any application, including (but not limited to) a
preliminary plat application or a final plat application, construction plans, or
developer’s agreement, on hold indefinitely or to withdraw any permit at any
stage in the respective process by providing written notice of the same by
regular mail, in the event the applicant has not fulfilled any significant
obligations to the City with respect to current or previous development
activities within the City. For the purposes of this section, “development
activities” include activities and actions related to preliminary plats,
construction plans, developer’s agreements, final plats, and site plans.
B. For the purposes of this section, “applicant” means any individual,
firm, corporation, association, partnership, limited liability company, or any
other business entity or proprietor of land. Any individual person or business
entity with a 5% interest or more in the ownership or development of any
particular property, whether previously approved or currently proposed, is an
“applicant” for the purpose of enforcement of this section.
C. In the event the City Administrator exercises the discretion and
authority set forth in this section by placing an application on hold or
withdrawing a permit, any applicant may appeal that decision to the City
Council within 10 days of the date of the notice. The City Council shall hear
and decide the appeal of the City Administrator’s decision within 30 days
after the applicant provides written notice of appeal to the City Administrator.
If the City Council decides the appeal in favor of the applicant, the City
Administrator shall immediately lift the administrative hold and ensure that
the application is processed or the permit is reissued in accordance with the
City’s ordinances, processes, and procedures.
180.10 PRELIMINARY PLATS.

1. Application; Contents; Fees. Whenever the owner of any tract or parcel of
land within the corporate limits of the City or within two miles thereof wishes to make

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a subdivision of the same, the owner shall submit to the Clerk 16 copies of a
preliminary plat application. The application shall include the following:
A. Location Map. The application shall include a location map showing:
(1) The subdivision name;
(2) The outline of the area to be subdivided;
(3) The existing streets and city utilities on adjoining property;
(4) North point, scale and date.
B. Preliminary Plat Contents. The application shall include a
preliminary plat of the subdivision drawn to a scale of one inch to 100 feet
minimum, and shall show:
(1) Legal description, acreage, name of proposed subdivision,
and date;
(2) Name and address of owner;
(3) Names of the persons preparing the plat, owner’s attorney,
and representative or agent, if any;
(4) North point and graphic scale;
(5) Contours at two-foot intervals or less;
(6) Locations of existing lot lines, streets, public utilities, water
mains, sewers, drainpipes, culverts, watercourses, bridges, railroads,
and buildings in the proposed subdivision;
(7) Layout of proposed blocks, if used, and lots, including the
dimension of each lot, and the lot and block number in numerical
order;
(8) Location and widths, other dimensions and names of
proposed streets, alleys, utility and other easements, parks and other
open spaces or reserved areas;
(9) Grades of proposed streets and alleys;
(10) A cross-section of the proposed streets showing the roadway
locations, the type of curb and gutter, the paving and sidewalks to be
installed;
(11) The layout of proposed water mains and sanitary sewers;
(12) The drainage of the land, including proposed storm sewers,
ditches, culverts, bridges, and other structures.
C. Costs and Fees.
(1) The filing of the preliminary plat of a subdivision shall be
accompanied by an application fee in the amount of $30.00 for each
lot designated on the plat up to 30 lots and $15.00 per lot for each lot
in excess of 30 lots. In no event shall the application fee be less than
$150.00.
(2) In the case of a County subdivision within two miles of the
corporate City limits, the application fee for a preliminary plat shall

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be the same as in subsection 1) of this subsection; however, the

application fee for such a preliminary plat shall not exceed $150.00.
3. The applicant shall also be responsible for payment of the
actual costs of the City Engineer’s review or additional engineering
reviews necessitated by the submission of an incomplete plat or plat
that fails to meet the minimum requirements for plats set by City
ordinance or written City policy adopted by the Council. The above-
referenced costs and fees shall be paid by the applicant within 30 days
of receipt of the costs by the applicant. Failure to pay these costs and
fees when assessed to the applicant may be cause for denial of the plat
or subdivision or any further plats or subdivisions submitted by the
applicant.
2. Application Procedure.
A. Immediately upon the filing of the preliminary plat application as set
out in subsection 1 of this section, the Clerk shall submit one copy to the City
Administrator, one copy to the City Planner, one copy to the City Attorney,
two copies to the City Engineer, one copy to the Fire Chief, six copies to the
Mayor and City Council, and seven copies to the Planning and Zoning
Commission. The application shall be set for hearing in accordance with
Section 180.09(3).
B. The City Administrator, City Planner, City Attorney and City
Engineer shall examine the reports and assure compliance with the
requirements of this chapter and shall file their written reports, with
recommendations to the Commission, by filing the same with the City Clerk.
C. The Clerk is directed not to submit any application to the
Commission, unless the application is timely filed in accordance with Section
180.09(3). The Commission may, upon good cause being shown, waive this
requirement. Any waiver shall be allowed only upon the majority vote of all
members the Commission, and the record shall state the reasons for the
waiver.
D. The Clerk is directed not to submit any application to the
Commission, unless the same has been on file at least 20 days prior to the
next scheduled meeting. The Commission may, upon good cause being
shown, waive this requirement. Any waiver shall be allowed only upon the
majority vote of all members of the Commission, and the record shall state the
reasons for the waiver.
E. The City Council shall, upon receiving the recommendation of the
Commission, or if a 30-day period has expired without an extension being
granted to the applicant, consider to recommend approval or disapproval of
the application; provided, however, the Council shall not take action on the
proposed application for a period of at least seven days after the Commission
has taken its action. The Council shall have 30 days after the application is
presented to it to take action to either approve or disapprove the application,
which action must be taken by resolution, as provided for by the Code of
Iowa. The Council may, upon good cause shown, defer the matter for a
period of 30 days if the applicant or the Council requests the continuance.

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3. Application Approval. The approval of the preliminary application by the

City Council does not constitute approval of the subdivision, but it is merely an
authorization to proceed with the preparation of the final plat. In the event the
preliminary application is approved and the final plat submitted does not substantially
deviate from the preliminary application, and inspection by the City reveals that all
plans and specifications for the construction of improvements as required by the City
have been met, the final plat must be approved unless both the City and the owner
waive this requirement in writing. Approval of the preliminary application shall be
effective for a period of 36 months, unless:
A. Upon written request of the subdivider, the City Council by resolution
grants an 18-month extension of time. Extension criteria may include, but are
not limited to: considerations related to changes in surrounding properties;
changes in infrastructure needs; changes in code requirements; or other
factors related to whether the subdivision as approved remains appropriate
and in the best interests of the City.
B. Final plats of all or part of the preliminary plat are recorded prior to
the expiration of the preliminary plat. Any time a final plat is recorded, the
preliminary plat approval shall be automatically extended for a new period of
18 months from the date Council approved the recorded final plat.
If extensions are not approved or final plats recorded as specified above, all previous
actions of the City Council with respect to the application shall be deemed null and
void.
180.11 FINAL PLATS.

1. Specifications. The final plat shall meet the following specifications:
A. It may include all or only part of the preliminary plat.
B. The scale shall be drawn to the minimum scale of one inch to 100
feet.
C. A transparent reproducible copy and seven prints of the final plat
shall be submitted showing the following basic information:
(1) Accurate boundary lines, with dimensions and angles, which
provide a survey of the tract, closing with an error of not more than
one foot in 10,000 feet;
(2) Accurate references to known permanent monuments, giving
the bearing and distance from some corner of a lot or block in the
subdivision to some corner of the congressional division of which the
city or the addition thereto is a part;
(3) Accurate locations of all existing and recorded streets
intersecting the boundaries of the tract;
(4) An accurate legal description of the boundary;
(5) Street names;
(6) Complete curve notes for all curves included in the plan;
(7) Street lines with accurate dimensions in feet and hundredths
of feet with angles to street, alley, and lot lines;

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(8) Lot numbers and dimensions;

(9) Block numbers, if used, and house numbers;
(10) Accurate dimensions for any property to be dedicated or
reserved for public, semipublic, or community use;
(11) Location, type, material, and size of all markers;
(12) Names and addresses of the owner and subdivider;
(13) North point, scale, and date;
(14) Certification by a registered land surveyor of public property.
2. Contents.
A. The final plat shall also be accompanied by the following
instruments:
(1) A statement by the proprietors and their spouses, if any, that
the plat is prepared with their free consent and in accordance with
their desire, signed and acknowledged before an officer authorized to
take the acknowledgment of deeds. The statement by the proprietors
may also include a dedication to the public of all lands within the plat
that are designated for streets, alleys, parks, open areas, school
property, or other public use, if the dedication is approved by the
governing body.
(2) A statement from the mortgage holders or lien holders, if any,
that the plat is prepared with their free consent and in accordance with
their desire, signed and acknowledged before an officer authorized to
take the acknowledgment of deeds. An affidavit and bond as
provided for in Section 354.12, Code of Iowa, may be recorded, in
lieu of a consent of the mortgage or lien holder. When a mortgage or
lien holder consents to the subdivision, a release of mortgage or lien
shall be recorded for any areas conveyed to the governing body or
dedicated to the public.
(3) An opinion by an attorney at law who has examined the
abstract of title of the land being platted. The opinion shall state the
names of the proprietors and holders of mortgages, liens and other
encumbrances on the land being platted and shall note the
encumbrances, along with any bonds securing the encumbrances.
Utility easements shall not be construed to be encumbrances for the
purposes of this section.
(4) A certificate of the County Treasurer that the land is free
from certified taxes and certified special assessments or that the land
is free from certified taxes and that the certified special assessments
are secured by a bond in compliance with Section 354.12, Code of
Iowa.
(5) A petition signed by the owner and spouse petitioning the
Council to pave any streets abutting the subdivisions, which petition
waives notice of time and place of hearing and waives statutory
protections and limitations as to costs and assessments.

- 1182 -
(6) Any of the following shall be filed with the City before
building permits will be issued for the subdivision:
a. A certificate bearing the approval of the City
Engineer stating that all improvements and installations in the
subdivision required by this chapter have been made or
installed in accordance with the City specifications, or that all
improvements and installations in the subdivision required by
this chapter have been made or installed in accordance with
the City specifications, with the exception of sidewalks, and
that the owner has executed an agreement as a covenant
running with the land that the sidewalks shall be installed
within one year of the date of final approval of the
subdivision, and in the event that installation has not been
made, that the owner waives all statutory requirements of
notice of time and place and hearing, and waives statutory
protections and limitations as to cost and assessment and
agrees that the City may install the sidewalks and assess the
costs thereof against the real estate; or
b. A certificate bearing the approval of the City
Engineer stating that the improvements and installations in
the subdivision have not been installed in accordance with the
City specifications, and that preliminary plans for the
construction of the improvements have been submitted, and
that the owner has executed an agreement as a covenant
running with the land that no building permit shall be issued
for any lot of the subdivision until the improvements, with the
exception of sidewalks, shall be constructed for the lot, or the
owner shall have deposited in escrow with the City Clerk an
amount equal to the costs of improvements, plus ten percent
thereof for the lot; or
c. A surety bond filed with the Clerk which will ensure
the City that the improvements will be completed by the
subdivider or property owner within two years after official
acceptance of the plat. The form and type of bond shall be
approved by the City Attorney, and the amount of bond shall
not be less than the amount of the estimated costs of
improvements, plus ten percent, and the amount of the
estimate must be approved by the Council. If the
improvements are not complete within the specified time, the
Council may use the bond or any necessary portion thereof to
complete the improvements, or, if the options provided in
subsections (6)(a) or (6)(b) of this subsection are chosen, the
final plat shall state that the developer, its grantees, assignees,
and successors in interest agree that public services, including
but not limited to street maintenance, snow and ice removal,
and rubbish, refuse, and garbage collection will not be
extended to the subdivision until the pavement is completed
and accepted by the City.

- 1183 -
B. The above alternatives shall be exclusive, and no subdivision shall be

approved unless one of the foregoing alternatives has been approved. No
subdivision shall be approved in which the developer proposes to request that
the City construct the improvements, pursuant to a special assessment
program, except for the provisions of subsection (A)(5) of this subsection, as
streets abutting the subdivision which may be done by assessment method.
C. The applicant for approval of a subdivision shall submit 16 copies of
the final plat and all documents as required by the City.
3. Application for Final Plat. Whenever the owner of any tract or parcel of land
within the corporate limits of the City or within two miles thereof submits a final plat
in compliance with the provisions of this chapter, the application shall also include the
following:
A. Upon the filing of the final plat in compliance with subsection 1 of
this section, the City Clerk shall submit one copy of the final plat and
document to the City Administrator, one copy to the City Planner, one copy to
the City Attorney, two copies to the City Engineer, one copy to the School
Board, one copy to the Fire Chief, seven copies to the Planning and Zoning
Commission, and six copies to the Mayor and City Council. The application
shall be set for hearing in accordance with Section 180.09(3).
B. The City Administrator, City Planner, City Attorney, and City
Engineer shall examine the reports and assure compliance with the
requirements of this chapter and shall submit a written report with
recommendations to the Commission, by delivering the same to the Clerk.
C. The City Clerk is directed not to submit any application to the
Commission unless the application is timely filed in accordance with Section
180.09(3). The Commission may, upon good cause being shown, waive this
requirement. Any waiver shall be allowed only upon the two-thirds vote of
all members of the Commission, and the record shall state the reasons for the
waiver.
D. The Commission shall study the application, location map and site
plan and shall review the recommendations of the City Attorney and City
Engineer and shall make recommendation to the Council regarding the
approval or disapproval of the application. The Commission shall make its
recommendation to the Council within 60 days after the final plat has been
filed with the City Clerk, unless an extension of time has been approved by a
majority of the Commission members. Extensions of time may be permitted
in order to finalize and bring the final plat into compliance with this chapter
and the recommendations of the Commission.
E. The City Clerk is directed not to submit any application to the
Commission unless the same has been on file at least 20 days prior to the next
regularly scheduled meeting. The Commission may, upon good cause being
shown, waive this requirement. Any waiver shall be allowed only upon the
two-thirds vote of all members of the Commission, and the record shall state
the reasons for the waiver.
F. The Council shall, within 60 days after receiving the recommendation
of the Commission, and upon presentation of the application to the Council,
take action to either approve or disapprove the application. Council action to

- 1184 -
approve or disapprove the application shall be taken by resolution as provided

for by the Code of Iowa. The Council may, upon good cause shown, defer the
matter for a period not to exceed 30 days if the Council deems it necessary for
a full consideration of the application.
G. The filing of the final plat of a subdivision shall be accompanied by
an application fee in the amount of $20.00 per lot for each lot in the
subdivision. In no event shall the application fee be less than $150.00.
H. In the case of a County subdivision proposed within two miles of the
corporate City limits, the application fee for a final plat shall be the same as in
subsection H of this subsection; however, the application fee for such a final
plat shall not exceed $150.00.
I. The applicant shall be responsible for the actual costs associated with
any subsequent engineering review costs necessitated by the submission of an
incomplete plat or plat not in compliance with the final plat requirements set
by City ordinance or written policy formally adopted by the Council. The
applicant shall be responsible for all necessary engineering costs associated
with the review of construction plans, drainage plans, grading plans or other
similar plans related to the subdivision.
180.12 BUILDING PERMITS.

1. Requirements.
A. No building permit shall be issued for any lot in a subdivision that has
received final approval under the provisions of Section 180.11 of this chapter,
wherein the improvements, with the exception of sidewalks, have not been
installed and there is on record an agreement between the developer and the
City that no permit shall be issued without compliance with the improvements
required under this chapter.
B. As a condition of the issuance of building permits, sidewalks will be
required to be constructed in every subdivision within the City within one
year after the construction of a building on said premises or within five years
following the approval of the final plat for the subdivision if construction has
occurred on more than 50 percent of the lots within the subdivision. This
requirement may be extended by approval of the Council upon written
application for extension by the property owners and good cause shown. The
application must be filed with the City Clerk prior to the expiration of the
construction time limits set forth above. Said sidewalk shall be constructed
according to the requirements and specifications of this Code of Ordinances.
2. Separate Tracts. No more than two building permits for each separate tract
existing at the time of the effective date of the ordinance codified in this chapter shall
be issued unless the tract has been platted in accordance with the regulations of this
chapter except that this provision shall not limit the number of building permits that
may be issued for accessory buildings or additions already existing on the tract.
180.13 EXCEPTIONS.
1. Variance, Modification or Waiver. Where in the case of a particular proposed
subdivision or plat thereof, it can be shown that strict compliance with the
requirements of Section 180.07 of this chapter would result in extraordinary hardship

- 1185 -
to the subdivider because of unusual topography, excessive costs, or other such non-
self-inflicted conditions, or that these conditions would result in prohibiting the
achievement of the objectives of these regulations, the Commission may vary, modify,
or waive general requirements so that substantial justice may be done and the public
interest secured; provided, however, such variance, modification, or waiver will not
have the effect of nullifying the intent and purpose of this chapter. The Commission
may waive the requirement of the filing of a preliminary plat to allow the submission
by the owner of a final plat for the approval of the Commission and Council, provided
that the final plat contains all the requirements of both a preliminary application and
final plat.
2. Unusual Plats. This chapter shall not preclude the approval of “cluster” type
subdivisions or subdivision designs of an unusual type, if, in the opinion of the
Commission, the general and aesthetic merit, the preservation of natural or
topographic features, and the prospective enhancement of the community could
warrant the waiving of technical requirements as set forth in Section 180.07 of this
chapter.
3. Approval By Council. In all cases of a variance, modification, or waiver of
the general requirements, it will be necessary to have the Council approve the same
and note this fact in the resolution approving the plat and subdivision. The Council
may also modify, vary, or waive the general requirements on its motion for good
reason shown, even if the Commission refused to do so.
4. Subdivision Plats Submitted to the City for Approval by Use of a Combined
Preliminary and Final Plat. For the purposes of this chapter, a one-lot division of
property means a division of one parcel of property into three lots or less. The
combined plat must comply with the platting requirements set forth in this chapter and
will be reviewed and approved in the same manner as other plats submitted pursuant
to this chapter. The Council may, upon written request, waive the necessity for strict
compliance with the provisions set forth in Sections 180.07 and 180.11, pursuant to
subsection 1 of this section. The filing of a combined plat shall be accompanied by an
application fee of $250.00. The applicant shall also be responsible for the actual costs
of all necessary engineering reviews of construction plans, drainage plans, grading
plans, or other similar plans related to the subdivision.

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CODE OF ORDINANCES
CITY OF NORTH LIBERTY, IOWA
TABLE OF CONTENTS
GENERAL CODE PROVISIONS

CHAPTER 1 - CODE OF ORDINANCES ........................................................................................ 1
CHAPTER 2 - CHARTER ................................................................................................................. 9
CHAPTER 3 - MUNICIPAL INFRACTIONS ................................................................................ 11
CHAPTER 5 - OPERATING PROCEDURES ................................................................................ 21
CHAPTER 6 - CITY ELECTIONS ................................................................................................. 29
CHAPTER 7 - FISCAL MANAGEMENT ...................................................................................... 35
CHAPTER 8 - INDUSTRIAL PROPERTY TAX EXEMPTIONS ................................................ 45
CHAPTER 9 - ECONOMIC DEVELOPMENT PROPERTY TAX EXEMPTION...................... 47
CHAPTER 10 - URBAN RENEWAL .............................................................................................. 49
CHAPTER 11 - URBAN REVITALIZATION ................................................................................ 51
ADMINISTRATION, BOARDS AND COMMISSIONS

CHAPTER 15 - MAYOR.................................................................................................................. 71
CHAPTER 16 - MAYOR PRO TEM ............................................................................................... 75
CHAPTER 17 - CITY COUNCIL .................................................................................................... 77
CHAPTER 18 - CITY CLERK ........................................................................................................ 83
CHAPTER 19 - CITY TREASURER .............................................................................................. 87
CHAPTER 20 - CITY ATTORNEY ................................................................................................ 89
CHAPTER 21 - CITY ADMINISTRATOR .................................................................................... 91
CHAPTER 22 - PUBLIC LIBRARY ............................................................................................... 95

-i-
TABLE OF CONTENTS
ADMINISTRATION, BOARDS AND COMMISSIONS (continued)

CHAPTER 23 - PARKS AND RECREATION COMMISSION ..................................................... 99
CHAPTER 24 - TREE AND STORM WATER ADVISORY BOARD ........................................ 101
CHAPTER 25 - TELECOMMUNICATIONS COMMISSION .................................................... 103
CHAPTER 26 - CEMETERY BOARD .......................................................................................... 107
POLICE, FIRE AND EMERGENCIES

CHAPTER 30 - POLICE DEPARTMENT .................................................................................... 145
CHAPTER 35 - FIRE DEPARTMENT .......................................................................................... 155
CHAPTER 36 - HAZARDOUS SUBSTANCE SPILLS ................................................................ 159
CHAPTER 37 - KEY LOCK BOX SYSTEM ................................................................................ 163
PUBLIC OFFENSES
CHAPTER 40 - PUBLIC PEACE ................................................................................................... 185
CHAPTER 41 - PUBLIC HEALTH AND SAFETY ...................................................................... 189
CHAPTER 42 - PUBLIC AND PRIVATE PROPERTY ............................................................... 193
CHAPTER 45 - ALCOHOL CONSUMPTION AND INTOXICATION ..................................... 225
CHAPTER 46 - MINORS ............................................................................................................... 227
CHAPTER 47 - PARK REGULATIONS ....................................................................................... 231
NUISANCES AND ANIMAL CONTROL

CHAPTER 50 - NUISANCE ABATEMENT PROCEDURE ........................................................ 251
CHAPTER 51 - JUNK AND JUNK VEHICLES ........................................................................... 261
CHAPTER 52 - WEEDS AND GRASS .......................................................................................... 263
CHAPTER 53 - NOISE ................................................................................................................... 265
CHAPTER 55 - ANIMAL CONTROL ........................................................................................... 285
CHAPTER 56 - CAT AND DOG LICENSES ................................................................................ 301
CHAPTER 57 - DANGEROUS ANIMALS ................................................................................... 303

-ii-
TABLE OF CONTENTS
TRAFFIC AND VEHICLES

CHAPTER 60 - ADMINISTRATION OF TRAFFIC CODE ....................................................... 325
CHAPTER 61 - TRAFFIC CONTROL DEVICES ....................................................................... 329
CHAPTER 62 - GENERAL TRAFFIC REGULATIONS ............................................................ 331
CHAPTER 63 - SPEED REGULATIONS ..................................................................................... 341
CHAPTER 64 - TURNING REGULATIONS ............................................................................... 343
CHAPTER 65 - STOP OR YIELD REQUIRED ........................................................................... 345
CHAPTER 66 - LOAD AND WEIGHT RESTRICTIONS ........................................................... 347
CHAPTER 67 - PEDESTRIANS .................................................................................................... 349
CHAPTER 68 - ONE-WAY TRAFFIC ......................................................................................... 351
CHAPTER 69 - PARKING REGULATIONS ............................................................................... 353
CHAPTER 70 - TRAFFIC CODE ENFORCEMENT PROCEDURES ....................................... 365
CHAPTER 75 - ALL-TERRAIN VEHICLES AND SNOWMOBILES ....................................... 375
CHAPTER 76 - BICYCLE REGULATIONS ................................................................................ 379
CHAPTER 77 - VEHICLE NOISE AND EMISSION STANDARDS .......................................... 381
CHAPTER 80 - ABANDONED VEHICLES ................................................................................. 395
WATER
CHAPTER 90 - WATER SERVICE SYSTEM ............................................................................. 425
CHAPTER 91 - WATER METERS ............................................................................................... 431
CHAPTER 92 - WATER RATES .................................................................................................. 433
CHAPTER 93 - PRIVATE WELLS AND WATER SYSTEMS ................................................... 437
CHAPTER 94 - WATER RATIONING ........................................................................................ 441
SANITARY SEWER
CHAPTER 95 - SANITARY SEWER SYSTEM ........................................................................... 461
CHAPTER 96 - BUILDING SEWERS AND CONNECTIONS ................................................... 465
CHAPTER 97 - USE OF PUBLIC SEWERS ................................................................................ 467

-iii-
TABLE OF CONTENTS
SANITARY SEWER (continued)

CHAPTER 98 - ON-SITE WASTEWATER SYSTEMS ............................................................... 473
CHAPTER 99 - SEWER SERVICE CHARGES ........................................................................... 475
CHAPTER 100 - STORM WATER MANAGEMENT.................................................................. 477
CHAPTER 101 - STORM WATER COLLECTION, DISCHARGE AND RUNOFF ................ 479
GARBAGE AND SOLID WASTE

CHAPTER 105 - SOLID WASTE CONTROL .............................................................................. 501
CHAPTER 106 - COLLECTION OF SOLID WASTE ................................................................. 509
FRANCHISES AND OTHER SERVICES

CHAPTER 110 - NATURAL GAS FRANCHISE .......................................................................... 515
CHAPTER 111 - ELECTRIC FRANCHISE ................................................................................. 521
CHAPTER 112 - TELEPHONE FRANCHISE .............................................................................. 525
CHAPTER 113 - CABLE TELEVISION FRANCHISE (SOUTH SLOPE COOPERATIVE) ... 527
CHAPTER 114 - CABLE TELEVISION FRANCHISE (GALAXY TELECOM, L.P.) .............. 529
CHAPTER 115 - CABLE TELEVISION REGULATIONS .......................................................... 543
CHAPTER 116 - RESIDENTIAL TELECOMMUNICATIONS INFRASTRUCTURE

STANDARD .................................................................................................. 585
REGULATION OF BUSINESS AND VOCATIONS

CHAPTER 120 - LIQUOR LICENSES AND WINE AND BEER PERMITS ............................. 601
CHAPTER 121 - CIGARETTE AND TOBACCO PERMITS ...................................................... 605
CHAPTER 122 - PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS .................... 609
CHAPTER 123 - HOUSE MOVERS .............................................................................................. 613
CHAPTER 124 - TEMPORARY OUTDOOR EATING ESTABLISHMENTS........................... 615
CHAPTER 125 - ELECTRICIAN AND PLUMBER LICENSES................................................. 619
CHAPTER 126 - LICENSING OF TAXI SERVICE ..................................................................... 621
CHAPTER 127 - SANITARY SEWER AND WATER SERVICE INSTALLER LICENSES .... 625

-iv-
TABLE OF CONTENTS
STREETS AND SIDEWALKS

CHAPTER 135 - STREET USE AND MAINTENANCE ............................................................. 651
CHAPTER 136 - SIDEWALK REGULATIONS .......................................................................... 671
CHAPTER 137 - VACATION AND DISPOSAL OF STREETS .................................................. 675
CHAPTER 138 - STREET GRADES ............................................................................................ 677
CHAPTER 139 - NAMING OF STREETS.................................................................................... 679
CHAPTER 140 - CONTROLLED ACCESS FACILITIES .......................................................... 681
BUILDING AND PROPERTY REGULATIONS

CHAPTER 145 - MANUFACTURED AND MOBILE HOMES .................................................. 701
CHAPTER 150 - TREES ................................................................................................................ 725
CHAPTER 155 - CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL ............. 745
CHAPTER 156 - POST-CONSTRUCTION STORM WATER RUNOFF CONTROL ............. 761
CHAPTER 157 - BUILDING CODE ............................................................................................. 781
CHAPTER 158 - FIRE CODE ....................................................................................................... 797
ZONING AND SUBDIVISION

CHAPTER 165 - ZONING CODE – ADMINISTRATIVE .......................................................... 851
CHAPTER 166 - ZONING CODE – ORGANIZATION AND ENFORCEMENT...................... 869
CHAPTER 167 - ZONING CODE – DEFINITIONS .................................................................... 885
CHAPTER 168 - ZONING CODE – ZONING DISTRICT REGULATIONS............................. 909
CHAPTER 169 - ZONING CODE – DEVELOPMENT REGULATIONS................................ 1035
CHAPTER 170 - ZONING CODE – SPECIAL USE REGULATIONS ..................................... 1069
CHAPTER 171 - ZONING CODE – NONCONFORMING, CONDITIONAL, AND

TEMPORARY USES ................................................................................. 1085
CHAPTER 172 - ZONING CODE – COMMUNICATION TOWERS AND ANTENNAS ..... 1103
CHAPTER 173 - ZONING CODE – SIGN REGULATIONS .................................................... 1121
CHAPTER 180 - SUBDIVISION REGULATIONS .................................................................... 1167

-v-
TABLE OF CONTENTS
INDEX
APPENDIX:
USE AND MAINTENANCE OF THE CODE OF ORDINANCES .................................................. 1
SUGGESTED FORMS:
NOTICE TO ABATE NUISANCE ..................................................................................................... 7
NOTICE OF REQUIRED SEWER CONNECTION ........................................................................ 8

NOTICE OF HEARING ON REQUIRED SEWER CONNECTION .............................................. 9
RESOLUTION AND ORDER FOR REQUIRED SEWER CONNECTION ................................. 10
INFORMATIONAL HANDOUTS:
DEFINITION OF VARIOUS YARDS ............................................................................................. 12
ALLOWABLE FENCE/WALL HEIGHTS IN INTERIOR LOTS (RESIDENTIAL) .................. 13
FRONT YARD SETBACK EXCEPTIONS ..................................................................................... 14
HOW TO MEASURE BUILDING HEIGHT .................................................................................. 15

-vi-
INDEX TO CODE OF ORDINANCES
CHAPTER OR SECTION
NUMBER
ABANDONED COMMUNICATION TOWERS .............................................. 172.13

ABANDONED OR UNATTENDED REFRIGERATORS............................... 41.06
ABANDONED UTILITY CONNECTIONS
On-Site Wastewater Treatment and Disposal Systems ............................... 98.07
Water Service ............................................................................................ 90.04
ABANDONED VEHICLES ................................................................................ 80
See also Impounding Vehicles................................................................................ 70.06
See also State Code Traffic Regulations ................................................................. 62.01
ABANDONED WELLS....................................................................................... 93.08
ABANDONMENT OF CATS AND DOGS ....................................................... 55.22
ABATEMENT OF NUISANCES ....................................................................... 50
ACCESS CONTROLLED .................................................................................. 140
ACCESSORY BUILDINGS AND USES ........................................................... 169.06
ACCOUNTING RECORDS................................................................................ 7.07
ACTIVATION FEE FOR UTILITY BILLING ACCOUNT ........................... 92.09(1)
ADULT USES ...................................................................................................... 170.04
AIR POLLUTION ............................................................................................... 50.02(8)
See also ENVIRONMENTAL VIOLATION......................................... 3.02
AIRPORT AIR SPACE ....................................................................................... 50.02(11)
ALCOHOL
Consumption and Intoxication ................................................................... 45
Open Containers in Motor Vehicles........................................................... 62.01(47) and (48)
Liquor Licenses and Wine and Beer Permits ............................................. 120
ALL-TERRAIN VEHICLES AND SNOWMOBILES ..................................... 75
AMBULANCE SERVICE
See First Responder Service ................................................................................... 35.14
AMUSEMENT DEVICES................................................................................... 120.06
ANGLE PARKING.............................................................................................. 69.03 and 69.04
ANIMALS
Abandonment of Cats and Dogs ................................................................ 55.22
Animal Neglect .......................................................................................... 55.21
Confinement of Animals ........................................................................... 55.10
INDEX - 1
INDEX CODE OF ORDINANCES
CHAPTER OR SECTION
NUMBER
ANIMALS (continued)
Control of Cats .......................................................................................... 55.06
Control of Dogs ......................................................................................... 55.07
Dangerous Animals ................................................................................... 57
Designated Off-Leash Areas ...................................................................... 55.08
Disposition of Impounded Animals ........................................................... 55.18
Dogs in Parks ............................................................................................ 47.07
Enforcement Power ................................................................................... 55.25
Impoundment ............................................................................................ 55.17
Interference with Agent ............................................................................. 55.26
Isolation and Quarantine of Suspect Animals ............................................ 55.12
Licensing Cats and Dogs ........................................................................... 56
Livestock ................................................................................................... 55.23
Noisy Animals ........................................................................................... 53.07
Nuisances .................................................................................................. 55.04
Owner’s Responsibility ............................................................................. 55.03
Pets at Large Prohibited ............................................................................. 55.16
Rabies Proclamation ................................................................................. 55.13
Rabies Vaccination .................................................................................... 55.14
Release for Adoption ................................................................................. 55.19
Releasing or Molesting Animals ................................................................ 55.09
Required Reports ....................................................................................... 55.11
Shelter or Pound ........................................................................................ 55.20
Striking Domestic Animal with Motor Vehicle.......................................... 55.15
Trapping .................................................................................................... 55.24
ANTENNA AND RADIO WIRES ...................................................................... 41.07
APPOINTMENTS
By Council ................................................................................................ 17.05
By Mayor .................................................................................................. 15.03
ASSAULT ............................................................................................................. 40.01
ATTORNEY FOR CITY..................................................................................... 20
AUTO SALES ...................................................................................................... 170.05
AUTOMOBILE REPAIR ON PUBLIC PROPERTY...................................... 69.05(2)
BARBED WIRE AND ELECTRIC FENCES ................................................... 41.08
BED AND BREAKFAST HOMES .................................................................... 170.03
BEER, LIQUOR, AND WINE CONTROL
See ALCOHOL
INDEX - 2
CHAPTER OR SECTION
NUMBER
BICYCLES ........................................................................................................... 76
See also Clinging to Vehicles ................................................................................. 62.03
BILLBOARDS ..................................................................................................... 50.02(6) and 62.05
BOARD OF ADJUSTMENT .............................................................................. 166.03
BOARDS AND COMMISSIONS ....................................................................... 5.12
BONDS
City Officials ............................................................................................. 5.02
House Movers ........................................................................................... 123.04
Public Bonds, Records of .......................................................................... 18.08(3)
Streets ........................................................................................................ 135.09(5)
Temporary Outdoor Easting Establishments .............................................. 124.09
Transient Merchants ................................................................................. 122.06
BUDGET
Amendments.............................................................................................. 7.06
Preparation ................................................................................................ 7.05
BUILDING CODE ............................................................................................... 157
BUILDING MOVERS ......................................................................................... 123
BUILDING SEWERS AND CONNECTIONS .................................................. 96
BULKY RUBBISH .............................................................................................. 106.05
BURNING
Burning on Streets and Alleys.................................................................... 135.08
Fires in Parks ............................................................................................. 47.03
Fires or Fuel on Sidewalks ......................................................................... 136.14
Open Burning Restricted ........................................................................... 105.05
Yard Waste ................................................................................................ 105.06
BUSINESS DISTRICT ........................................................................................ 60.02(1)
See also:
Bicycles on Sidewalks ............................................................................... 76.09(1)
CABLE TELEVISION
Franchise – Galaxy Telecom ..................................................................... 114
Franchise – South Slope ............................................................................ 113
Rules and Regulations ............................................................................... 115
Telecommunications Commission ............................................................. 25
Telecommunications Infrastructure Standards Adopted ............................. 116
INDEX - 3
CHAPTER OR SECTION
NUMBER
CAMPING IN PARKS ........................................................................................ 47.06

CAR WASHING ON STREETS......................................................................... 135.07
CAT AND DOG LICENSES ............................................................................... 156
See also ANIMALS
CEMETERY BOARD ......................................................................................... 26
CHARTER .......................................................................................................... 2
CIGARETTES AND TOBACCO
Permits ...................................................................................................... 121
Possession by Minors ................................................................................ 46.02
CITY ADMINISTRATOR .................................................................................. 21
CITY ATTORNEY .............................................................................................. 20
CITY CHARTER ................................................................................................. 2
CITY COUNCIL
Appointments by ....................................................................................... 17.05
Compensation ............................................................................................ 17.06
Meetings .................................................................................................... 17.04
and 5.06
Number and Term ..................................................................................... 2.04
and 17.01
Powers and Duties ..................................................................................... 17.02
and 17.03
CITY ELECTIONS ............................................................................................. 6
CITY FUNDS ....................................................................................................... 18.14
CITY OFFICERS AND EMPLOYEES
Appointments by Council .......................................................................... 17.05
Appointments by Mayor ............................................................................ 15.03
Bonds ........................................................................................................ 5.02
City Administrator ..................................................................................... 21
City Attorney ............................................................................................. 20
City Clerk .................................................................................................. 18
City Council .............................................................................................. 17
City Treasurer ............................................................................................ 19
Conflict of Interest ..................................................................................... 5.07
Discretionary Powers ................................................................................. 1.13
Extension of Authority .............................................................................. 1.07
INDEX - 4
CHAPTER OR SECTION
NUMBER
CITY OFFICERS AND EMPLOYEES (continued)

Fire Chief .................................................................................................. 35
Gifts to ...................................................................................................... 5.11
Harassment of ............................................................................................ 41.04
Indemnity of .............................................................................................. 1.04
Mayor ........................................................................................................ 15
Oath of Office ........................................................................................... 5.01
Police Chief ............................................................................................... 30
Removal of Appointed Officers and Employees ....................................... 5.09
Resignations .............................................................................................. 5.08
Sewer Superintendent ................................................................................ 95.03
Vacancies .................................................................................................. 5.10
Water Superintendent ................................................................................ 90.02
CITY OPERATING PROCEDURES ................................................................ 5
CITY POWERS ................................................................................................... 1.03
CITY SEAL .......................................................................................................... 18.13
CIVIL CITATIONS ............................................................................................. 3.04
CLINGING TO VEHICLE ................................................................................. 62.03
CODE OF IOWA TRAFFIC REGULATIONS ................................................ 62.01
CODE OF ORDINANCES
Altering...................................................................................................... 1.10
Amendments to.......................................................................................... 1.08
Catchlines and Notes ................................................................................. 1.09
Definitions of Terms.................................................................................. 1.02
Rules of Construction ................................................................................ 1.06
Validity...................................................................................................... 1.11
COMMUNICATION TOWERS AND ANTENNAS ........................................ 172
COMPENSATION
Changes in ................................................................................................. 17.02(7)
City Administrator ..................................................................................... 21.02
City Attorney ............................................................................................. 20.01
City Clerk .................................................................................................. 18.01
Council Members ...................................................................................... 17.06
Mayor ........................................................................................................ 15.04
Mayor Pro Tem ......................................................................................... 16.04
Set by Council ........................................................................................... 17.02(7)
Treasurer.................................................................................................... 19.02
INDEX - 5
CHAPTER OR SECTION
NUMBER
CONDITIONAL USES ........................................................................................ 171.02

CONFLICT OF INTEREST ............................................................................... 5.07
CONSERVATION OF WATER......................................................................... 94
CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL ............. 155
CONTRIBUTING TO DELINQUENCY ........................................................... 46.03
CONTROLLED ACCESS FACILITIES ........................................................... 140
COUNCIL ............................................................................................................. 17
COUNCIL MEETINGS....................................................................................... 17.04
CRIMINAL MISCHIEF ...................................................................................... 42.02
CRIMINAL PENALTIES ................................................................................... 3.06
CROSSWALKS
Designation and Maintenance .................................................................... 61.02
Parking Prohibited in ................................................................................ 69.06(1)
Pedestrians in Crosswalks .......................................................................... 65.06
CURFEW.............................................................................................................. 46.01
DANGEROUS ANIMALS .................................................................................. 57
DANGEROUS TOYS (THROWING AND SHOOTING) ................................ 41.10
DANGEROUS SUBSTANCES, DISTRIBUTING OF ..................................... 41.01
DAYCARE FACILITIES (RESIDENTIAL) ..................................................... 170.02
DEFACING PROCLAMATIONS AND NOTICES ......................................... 42.03
DEPOSIT FOR UTILITIES................................................................................ 92.09(2)
DEPOSITS AND INVESTMENTS .................................................................... 7.03(2)
DESIGN STANDARDS
Subdivisions .............................................................................................. 180.07
Zoning ....................................................................................................... 169.12
DESTRUCTION OF PROPERTY ..................................................................... 42.02
DISCRETIONARY POWER OF CITY OFFICERS AND EMPLOYEES .... 1.13
DISORDERLY CONDUCT ................................................................................ 40.03
DOG AND CAT LICENSES ............................................................................... 56
See also ANIMALS
INDEX - 6
CHAPTER OR SECTION
NUMBER
DRIVEWAY CULVERTS .................................................................................. 135.13

DRUG PARAPHERNALIA ................................................................................ 41.13
DUMPING PROHIBITED .................................................................................. 105.08
DUTCH ELM DISEASE ..................................................................................... 50.02(10)
EASEMENTS, USE OF....................................................................................... 95.08
ELECTIONS
Duties of Clerk .......................................................................................... 18.12
Procedures ................................................................................................. 6
ELECTRIC FRANCHISE .................................................................................. 111
ELECTRICIAN’S LICENSE .............................................................................. 125
EMISSION STANDARDS
Communication Towers............................................................................. 172.11
Vehicles ..................................................................................................... 77
ENHANCED OIL/GREASE SEPARATORS ................................................... 97.09
ENVIRONMENTAL VIOLATIONS ................................................................. 3.02
EROSION AND SEDIMENT CONTROL......................................................... 155
EXCAVATIONS
Grading and Excavation Regulations (Zoning Code) ................................. 169.03
Sewer ......................................................................................................... 96.06
Streets ........................................................................................................ 135.09
Water ......................................................................................................... 90.09
EXTENSION OF AUTHORITY ........................................................................ 1.07
FAILURE TO DISPERSE .................................................................................. 40.05
FALSE REPORTS
Of Catastrophe........................................................................................... 40.03(5)
To Public Safety Entities ........................................................................... 41.02
FEES ..................................................................................................................... 165.07
FENCES
Barbed Wire and Electric Fences ............................................................... 41.08
Blocking Public and Private Ways............................................................. 50.02(5)
Requirements in Zoning Code ................................................................... 169.05
FIGHTING ........................................................................................................... 40.03(1)
INDEX - 7
CHAPTER OR SECTION
NUMBER
FINANCE OFFICER .......................................................................................... 7.02

FINANCES ........................................................................................................... 7
FINANCIAL REPORTS ..................................................................................... 7.08
FIRE DEPARTMENT......................................................................................... 35
FIRE HAZARD CONDITIONS
Health and Fire Hazard .............................................................................. 105.04
Storing of Flammable Junk........................................................................ 50.02(7)
Weeds and Brush ....................................................................................... 50.02(9)
FIRE SPRINKLER SYSTEMS CONNECTIONS ............................................ 91.03
FIRES
Fire Code ................................................................................................... 157
In Parks...................................................................................................... 47.03
On Sidewalks............................................................................................. 136.14
FIREWORKS....................................................................................................... 41.12
FIRST RESPONDER SERVICE........................................................................ 35.14
FISCAL MANAGEMENT .................................................................................. 7
FLAG, DISRESPECT OF ................................................................................... 40.03(6)
FLOOD PLAIN REGULATIONS ...................................................................... 168.11
See also Flood Plain Development Permit.............................................................. 165.06
FORM OF GOVERNMENT .............................................................................. 2.02
FRAUD ................................................................................................................. 42.05
FUNDS .................................................................................................................. 7.04
FUNERAL SERVICE, DISRUPTION OF ........................................................ 40.03(8)
GANG ACTIVITY ............................................................................................... 50.02(12)
GARAGES AND ACCESSORY BUILDINGS
In Flood Plain District ............................................................................... 168.11(11)(B)(11)
Location Requirements .............................................................................. 169.06
GARBAGE COLLECTION AND DISPOSAL ................................................. 105
and 106
GAS FRANCHISE ............................................................................................... 110
GIFTS TO CITY OFFICIALS ........................................................................... 5.11
INDEX - 8
CHAPTER OR SECTION
NUMBER
GOOD NEIGHBOR MEETING

Subdivision Regulations ............................................................................ 180.09(2)
Zoning ....................................................................................................... 165.09
GRADES OF STREETS, ALLEYS AND SIDEWALKS ................................. 138
GRADING AND EXCAVATION REGULATIONS ......................................... 169.03
GRASS AND WEEDS ......................................................................................... 52
HANDICAPPED PARKING .............................................................................. 169.01(15)
See Persons with Disabilities Parking .................................................................... 69.07
HARASSMENT
Of Other Persons ....................................................................................... 40.02
Of Public Officers and Employees ............................................................ 41.04
HAZARDOUS SUBSTANCE SPILLS .............................................................. 36
HAZARDOUS WASTE ....................................................................................... 105.09
See also Prohibited and Restricted Discharges to Sewer System ............................ 97.03 and 97.04
HEIGHT REGULATIONS ................................................................................. 169.08
See also Zoning District Regulations ...................................................................... 168
HITCHHIKING ................................................................................................... 67.02
HOME OCCUPATIONS..................................................................................... 170.01
HOUSE MOVERS ............................................................................................... 123
HOUSES OF ILL FAME .................................................................................... 50.02(12)
IMPOUNDING
Animals ..................................................................................................... 55.17
Vehicles ..................................................................................................... 70.06
and 80.02
INDEMNITY AGREEMENT; PERMITS AND LICENSES ........................... 1.04
INDUSTRIAL PROPERTY TAX EXEMPTIONS ........................................... 8
INSURANCE REQUIREMENTS
Communication Towers............................................................................. 172.08(3)
Electricians and Plumbers.......................................................................... 125.02
Firefighters ................................................................................................ 35
Fireworks................................................................................................... 41.12
House Movers ........................................................................................... 123.05
Street Excavations ..................................................................................... 135.09(5)
Taxi Service............................................................................................... 126.06
INDEX - 9
CHAPTER OR SECTION
NUMBER
INTERFERENCE WITH OFFICIAL ACTS .................................................... 41.05

INVESTMENTS AND DEPOSITS .................................................................... 7.03(2)
JUNK AND JUNK VEHICLES.......................................................................... 51
See also Storing of Flammable Junk....................................................................... 50.02(7)
KEY LOCKBOX SYSTEM ................................................................................ 37
LANDSCAPING REQUIREMENTS ................................................................. 169.02
LEGAL OPINIONS ............................................................................................. 20.06
LIBRARY ............................................................................................................. 22
LICENSES
Dogs and Cats............................................................................................ 56
Drivers ....................................................................................................... 62.01
Electricians and Plumbers.......................................................................... 125
Liquor ........................................................................................................ 120
Taxi Service............................................................................................... 126
Temporary Outdoor Eating Establishments ............................................... 124
Peddlers, Solicitors and Transient Merchants ............................................ 122
See also Issuance of Licenses and Permits.............................................................. 18.10
See also PERMITS
LIQUOR LICENSES AND WINE AND BEER PERMITS ............................. 120
LITTERING
Debris on Sidewalks .................................................................................. 136.16
Park Regulations........................................................................................ 47.04
Placing Debris on Streets ........................................................................... 135.03
Solid Waste Control .................................................................................. 105.07
LIVESTOCK ........................................................................................................ 55.23
LOAD AND WEIGHT RESTRICTIONS, VEHICLES ................................... 66
LOCKBOX SYSTEM .......................................................................................... 37
LOITERING......................................................................................................... 40.04
MANUFACTURED AND MOBILE HOMES .................................................. 145
See also:
Factory-Built Homes (Flood Plain Regulations) ........................................ 160.11(B)(5)
Factory-Built Housing Districts (Zoning Regulations) ............................... 168.05
INDEX - 10
CHAPTER OR SECTION
NUMBER
MAYOR
Appointments ............................................................................................ 15.03
Compensation ............................................................................................ 15.04
Term of Office........................................................................................... 15.01
Voting........................................................................................................ 15.05
See also CITY OFFICERS AND EMPLOYEES
MAYOR PRO TEM ............................................................................................ 16
MEETINGS
Council Meetings....................................................................................... 17.04
Procedures for Notice and Conduct of ....................................................... 5.06
Publication of Minutes of Council Meetings ............................................. 18.03
METERS, WATER.............................................................................................. 91
MINORS ............................................................................................................... 46
See also:
Amusement Devices .................................................................................. 120.06
Employment for Serving of Alcohol.......................................................... 120.05(4)
Persons Under Legal Age .......................................................................... 45.01
Persons Under Legal Age .......................................................................... 121.07
MOBILE HOMES ............................................................................................... 145
MUNICIPAL INFRACTIONS............................................................................ 3
See also MUNICIPAL INFRACTION ABATEMENT PROCEDURE ........... 50.07
NAMING OF STREETS ..................................................................................... 139
NATURAL GAS FRANCHISE .......................................................................... 110
NOISE ................................................................................................................... 53
See also:
Annoyance or Disturbance (Barking Dogs) ............................................... 55.07(7)
Disorderly Conduct ................................................................................... 40.03(2)
and 40.03(8)
Noise and Emission Standards (Communication Towers) ......................... 172.11
Quiet Zones ............................................................................................... 62.04
Truck and Trailer Parking .......................................................................... 69.09(3)
Vehicle Noise and Emission Standards...................................................... 77
NOMINATIONS FOR ELECTIVE OFFICES ................................................. 6
NONCONFORMING STRUCTURES AND USES .......................................... 171.01
INDEX - 11
CHAPTER OR SECTION
NUMBER
NUISANCES
Abatement Procedure ................................................................................ 50
Animals ..................................................................................................... 55.04
Enumerated................................................................................................ 50.02
Junk and Junk Vehicles ............................................................................. 51
Noise ......................................................................................................... 53
Storage and Disposal of Solid Waste ......................................................... 105
Trees .......................................................................................................... 150
Vehicle Noise and Emission Standards...................................................... 77
Weeds and Grass ....................................................................................... 52
OATH OF OFFICE ............................................................................................. 5.01
OIL/GREASE SEPARATORS (ENHANCED) ................................................. 97.09
OFFENSIVE SMELLS AND SUBSTANCES ................................................... 50.02(1) and (2)
See also Restricted Discharges to Sanitary Sewer System ...................................... 97.04
OFF-ROAD MOTORCYCLES AND UTILITY VEHICLES ......................... 75
ON-SITE WASTEWATER SYSTEMS ............................................................. 98
ONE-WAY TRAFFIC ......................................................................................... 68
OPEN BURNING................................................................................................. 105.05
OPEN CONTAINERS IN MOTOR VEHICLES .............................................. 62.01(47) and (48)
OPEN MEETINGS .............................................................................................. 5.06
OPERATING PROCEDURES ........................................................................... 5
OUTDOOR EATING ESTABLISHMENTS
Temporary ................................................................................................. 124
Zoning Regulations.................................................................................... 170.06
PARADES REGULATED .................................................................................. 60.08
See also Special Event Streets ................................................................................ 60.09
PARK REGULATIONS ...................................................................................... 47
See also Parks, Cemeteries and Parking Lots (Speed Limits) ................................. 63.03
PARKING REGULATIONS
Angle Parking ............................................................................................ 69.03 and 69.04
Controlled Access ...................................................................................... 140
Illegal Purposes ......................................................................................... 69.05
No Parking Zones ...................................................................................... 69.08
Off-Street Parking ..................................................................................... 169.01
Park Adjacent to Curb ............................................................................... 69.01 and 69.02
INDEX - 12
CHAPTER OR SECTION
NUMBER
PARKING REGULATIONS (continued)

Parking of Bicycles.................................................................................... 76.12
Parking Prohibited ..................................................................................... 69.06
Parking Violations ..................................................................................... 70.03 and 70.04
Persons With Disabilities Parking.............................................................. 69.07
Snow Emergency ....................................................................................... 69.10
Truck and Trailer Parking Limited............................................................. 69.09
PARKS AND RECREATION COMMISSION ................................................. 23
PEACE OFFICERS
Failure to Assist ......................................................................................... 41.03
Interference with ........................................................................................ 41.05
Obedience to.............................................................................................. 60.07
Powers and Authority under Traffic Code ................................................. 60
Qualifications ............................................................................................ 30.03
Training ..................................................................................................... 30.04
See also POLICE DEPARTMENT ..................................................................... 30
PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS ................... 122
PEDESTRIANS.................................................................................................... 67
See also:
Crosswalks ................................................................................................ 61.02
State Code Traffic Regulations .................................................................. 62.01
Yield to Pedestrians in Crosswalks ............................................................ 65.06
PENN STREET OVERLAY DISTRICT ........................................................... 168.13
PENALTIES
Abatement of Violation of Sewer Connection Requirements..................... 96.09
Additional Penalties – Cigarette and Tobacco Permits .............................. 121.07
Criminal Penalties...................................................................................... 3.06
Curfew Violations ..................................................................................... 46.01(6)
Municipal Infractions................................................................................. 3
Special Penalties (Sanitary Sewer Regulations) ......................................... 95.09
Special Penalty (Bicycle Regulations) ....................................................... 76.14
Standard Penalty for Violation of Code of Ordinances .............................. 1.14
Traffic Code Violations ............................................................................. 70
PERMITS
Adult Uses ................................................................................................. 170.04
Beer and Wine ........................................................................................... 120
Building ..................................................................................................... 157 and 180.12
Cigarette and Tobacco ............................................................................... 121.02
Communication Towers and Antennas ...................................................... 172
INDEX - 13
CHAPTER OR SECTION
NUMBER
PERMITS (continued)
Conditional Uses ....................................................................................... 171.02
Fees ........................................................................................................... 165.07
Fireworks................................................................................................... 41.12
Flood Plain Development .......................................................................... 168(11)(15)
House Mover ............................................................................................. 123.02
NPDES ...................................................................................................... 101 and 155
On-Site Wastewater System....................................................................... 98.04
Open Burning ............................................................................................ 105.05
Open Dumping .......................................................................................... 105.08
Parade ........................................................................................................ 60.08(2)
Persons with Disabilities Parking............................................................... 69.07
Planting Trees on Public Right-of-Way ..................................................... 150.10
Private Well ............................................................................................... 93
Sewer Connection ...................................................................................... 96.01
Sidewalks .................................................................................................. 136.07
Signs .......................................................................................................... 173.03
Storm Water Management ......................................................................... 156
Street Excavation ....................................................................................... 135.09(1)
Temporary Use .......................................................................................... 171.03
Vehicles, Excess Size and Weight ............................................................. 66.02
Vending Machines and Sales Stands on Sidewalks .................................... 136.19
Water System Connection ......................................................................... 90.05
Water Well ................................................................................................ 93.03
See also Issuance of Licenses and Permits.............................................................. 18.10
See also LICENSES
PERSONAL INJURIES ...................................................................................... 1.05
PETTY CASH FUND .......................................................................................... 7.03(3)
PLANNED AREA DEVELOPMENTS.............................................................. 168.12
PLANNING AND ZONING COMMISSION .................................................... 166.02
PLUMBER’S LICENSE...................................................................................... 125
POLICE DEPARTMENT ................................................................................... 30
POLLUTION
Air Pollution .............................................................................................. 50.02(8)
Construction Site Erosion and Sediment Control ....................................... 155
Incinerators Required................................................................................. 105.11
Emission Standards ................................................................................... 77
Environmental Violations .......................................................................... 3.02
Hazardous Substance Spills ....................................................................... 36
INDEX - 14
CHAPTER OR SECTION
NUMBER
POLLUTION (continued)
Noise ......................................................................................................... 53
Open Burning Restricted ........................................................................... 105.05
Post-Construction Storm Water Runoff Control ........................................ 156
Prohibited Discharges to Public Sewer ...................................................... 97.03
Restricted Discharges to Sewer System ..................................................... 97.04
Storm Water Collection, Discharge, and Runoff ....................................... 101
Toxic and Hazardous Wastes ..................................................................... 105.09
Water Pollution.......................................................................................... 50.02(4)
PONDS AND DETENTION BASINS IN PARKS ............................................ 47.08
POST CONSTRUCTION STORM WATER RUNOFF CONTROL.............. 156
POWERS AND DUTIES
City Administrator ..................................................................................... 21.03
City Clerk .................................................................................................. 18.02
City Council .............................................................................................. 17.02
and 17.03
City Officers Generally.............................................................................. 2.03
City Treasurer ............................................................................................ 19.03
Fire Chief .................................................................................................. 35.06
Mayor ........................................................................................................ 15.02
Mayor Pro Tem ......................................................................................... 16.02
Municipal Officers..................................................................................... 5.03
Police Chief ............................................................................................... 30.07
PRIVATE PROPERTY....................................................................................... 42
PRIVATE WATER SYSTEMS (SEWER CHARGES) .................................... 99.04
PRIVATE WELLS AND WATER SYSTEMS ................................................. 93
PROPERTY TAX EXEMPTIONS..................................................................... 8
PUBLIC AND PRIVATE PROPERTY
Criminal Mischief ...................................................................................... 42.02
Damage to Sewer System .......................................................................... 95.04(1)
Defacing Proclamations or Notices............................................................ 42.03
Fraud ......................................................................................................... 42.05
Injury to Library Books or Property .......................................................... 22.10
Littering Prohibited.................................................................................... 105.07
Open Dumping .......................................................................................... 105.08
Park Regulations........................................................................................ 47
Placement of Communication Towers and Antennas ................................. 172.08
Public and Private Property ....................................................................... 42
INDEX - 15
CHAPTER OR SECTION
NUMBER
PUBLIC AND PRIVATE PROPERTY (continued)

Sidewalk Regulations ................................................................................ 136
Street Excavations ..................................................................................... 135
Theft .......................................................................................................... 42.06
Trees and Shrubs ....................................................................................... 150
Trespassing ................................................................................................ 42.01
Unauthorized Entry.................................................................................... 42.04
Weeds and Grass ....................................................................................... 52
PUBLIC HEALTH AND SAFETY .................................................................... 41
PUBLIC NOTICES.............................................................................................. 18.05(1)
PUBLIC OFFENSES
Drug Paraphernalia .................................................................................... 41.13
Littering Prohibited.................................................................................... 105.07
Open Dumping .......................................................................................... 105.08
Public and Private Property ....................................................................... 42
Public Peace .............................................................................................. 40
Public Health and Safety ........................................................................... 41
See also SIDEWALK REGULATIONS ............................................................. 136
See also STREET EXCAVATIONS.................................................................... 135
PUBLICATION REQUIREMENTS .................................................................. 18.05
RABIES VACCINATION ................................................................................... 55.14
RECORDS
Accounting ................................................................................................ 7.07
Fire Department ......................................................................................... 35.06(13)
Maintenance by Clerk ................................................................................ 18.08
Minutes of Council Meetings..................................................................... 5.06(3)
Public Records, Access to.......................................................................... 5.04
Transfer to Successors ............................................................................... 5.05
RECYCLING PROGRAM ................................................................................. 105.12
REMOVAL OF APPOINTED OFFICERS AND EMPLOYEES ................... 5.09
RESIGNATION OF ELECTED OFFICERS .................................................... 5.08
RIGHT TO ENTER
Animal Control .......................................................................................... 55.25
Sewer Service Inspection and Sampling .................................................... 95.07
Solid Waste Collection .............................................................................. 106.06
Use of Easements ...................................................................................... 95.08
Warrants .................................................................................................... 1.12
Water Meter Service .................................................................................. 91.08
INDEX - 16
CHAPTER OR SECTION
NUMBER
SANITARY SEWER SYSTEM

General Provisions..................................................................................... 95
Building Sewers and Connection Requirements ........................................ 96
On-Site Wastewater Systems ..................................................................... 98
Sewer Service Charges .............................................................................. 99
Use of Public Sewers ................................................................................. 97
SEWER RATES ................................................................................................... 99
SIDEWALKS
Barricades and Warning Lights .................................................................. 136.09
Bicycles on Sidewalks ............................................................................... 76.09
Construction Standards .............................................................................. 136.08
Debris on ................................................................................................... 136.16
Defacing .................................................................................................... 136.15
Encroaching Steps ..................................................................................... 136.12
Fires and Fuel on ....................................................................................... 136.14
Interference with Improvements ................................................................ 136.11
Maintenance .............................................................................................. 136
Openings and Enclosures ........................................................................... 136.13
Parking Prohibited on Sidewalks ............................................................... 69.06(4)
Sales Stands and Merchandise Displays..................................................... 136.17 and 136.18
Snow Removal .......................................................................................... 136.03
Use by Pedestrians ..................................................................................... 67.04
Vehicles Crossing Sidewalks ..................................................................... 65.04
Vehicles on Sidewalks ............................................................................... 62.02
SIGN REGULATIONS ........................................................................................ 173
SKATES, COASTERS AND TOY VEHICLES
Clinging to Vehicle.................................................................................... 62.03
SNOW REMOVAL
From Sidewalks ......................................................................................... 136.03
From Streets .............................................................................................. 135.12
Parking ...................................................................................................... 69.10
SNOWMOBILES AND ALL-TERRAIN VEHICLES ..................................... 75
SOLICITORS, PEDDLERS AND TRANSIENT MERCHANTS ................... 122
SOLID WASTE CONTROL
Collection .................................................................................................. 106
General Provisions..................................................................................... 105
Recycling Program .................................................................................... 105.12
See also Restricted Discharges to Sewer System .................................................... 97.04
See also Trash and Recycling Enclosure................................................................. 169.04
INDEX - 17
CHAPTER OR SECTION
NUMBER
SOUND AMPLIFYING EQUIPMENT ............................................................. 53.06

SPECIAL EVENT STREETS............................................................................. 60.09
SPEED REGULATIONS .................................................................................... 63
STATE CODE TRAFFIC REGULATIONS ..................................................... 62.01
STOP OR YIELD REQUIRED .......................................................................... 65
STORM WATER
Collection, Discharge, and Runoff............................................................. 101
Construction Site Erosion and Sediment Control ....................................... 155
Discharge to Sanitary Sewer Prohibited ..................................................... 95.04(2) and 97.01
Management of Storm Water ..................................................................... 100
Post-Construction Runoff Control ............................................................. 156
Surface Water Exception ........................................................................... 97.02
Tree and Storm Water Advisory Board ..................................................... 24
STREET NAME MAP ........................................................................................ 139.04 and 139.05
STREETS AND ALLEYS
Billboards and Signs Obstructing View ..................................................... 50.02(6)
Blocking Public and Private Ways............................................................. 50.02(5)
Design Standards ....................................................................................... 180.07(2)
Excavations and Maintenance .................................................................... 135
Grades ....................................................................................................... 138
Obstructing Use of Streets ......................................................................... 40.03(7)
Obstructing View at Intersection................................................................ 62.05
Naming ...................................................................................................... 139
Special Events ........................................................................................... 60.09
Vacation and Disposal ............................................................................... 137
See also TRAFFIC CODE and ZONING CODE
SUBDIVISION REGULATIONS ....................................................................... 180
TAX EXEMPTIONS
Economic Development ............................................................................ 9
Industrial Property ..................................................................................... 8
TAXI SERVICE LICENSE ................................................................................. 126
TELECOMMUNICATIONS COMMISSION ................................................... 25
TELECOMMUNICATIONS INFRASTRUCTURE STANDARDS ............... 116
TELEPHONE FRANCHISE .............................................................................. 112
TEMPORARY USES .......................................................................................... 171.03
INDEX - 18
CHAPTER OR SECTION
NUMBER
TERMS OF OFFICE
Clerk .......................................................................................................... 18.01
Council ...................................................................................................... 2.04
and 17.01
Mayor ........................................................................................................ 2.05
and 15.01
Treasurer.................................................................................................... 19.01
THEFT
Library Property ........................................................................................ 22.11
Public and Private Property ....................................................................... 42.06
TOBACCO PERMITS ........................................................................................ 121
TOXIC AND HAZARDOUS WASTE ............................................................... 105.09
TRAFFIC CODE
Administration of ...................................................................................... 60
Enforcement Procedures ............................................................................ 70
General Regulations................................................................................... 62
Load and Weight Restrictions .................................................................... 66
One-Way Traffic ....................................................................................... 68
Parking Regulations ................................................................................... 69
Pedestrians................................................................................................. 67
Speed Regulations ..................................................................................... 63
Stop or Yield Required .............................................................................. 65
Turning Regulations .................................................................................. 64
Traffic Control Devices ............................................................................. 61
TRAFFIC CONTROL DEVICES
Installation; Standards; Compliance........................................................... 61
Location..................................................................................................... 65.07
Traveling on Barricaded Street or Alley .................................................... 135.05
TRAFFIC REGULATIONS................................................................................ 62.01
TRANSIENT MERCHANTS, PEDDLERS, AND SOLICITORS .................. 122
TRAPPING........................................................................................................... 55.24
TREASURER ....................................................................................................... 19
TREE AND STORM WATER ADVISORY BOARD ...................................... 24
TREES
Dutch Elm Disease .................................................................................... 50.02(10)
Duty to Trim Trees .................................................................................... 150.06
Inspection and Removal of ........................................................................ 150.07 – 150.09
INDEX - 19
CHAPTER OR SECTION
NUMBER
TREES (continued)
Maintenance of Parking or Terrace ............................................................ 135.10
Obstructing View at Intersections .............................................................. 62.05
Open Burning Restrictions......................................................................... 105.05
Planting Restrictions .................................................................................. 150.10
Prohibited Trees ........................................................................................ 150.04
Recommendations for Penn Street Overlay District ................................... 150.05
Tree and Storm Water Advisory Board ..................................................... 24
Yard Waste ................................................................................................ 105.06
TRESPASSING .................................................................................................... 42.01
TRUCK AND TRAILER PARKING LIMITED .............................................. 69.09
TRUCK ROUTES................................................................................................ 66.05
TURNING REGULATIONS ............................................................................... 64
UNAUTHORIZED ENTRY ................................................................................ 42.04
UNLAWFUL ASSEMBLY ................................................................................. 40.04
URBAN RENEWAL ............................................................................................ 10
URBAN REVITALIZATION AREA ................................................................. 11
URINATING AND DEFECATING IN PUBLIC .............................................. 41.11
UTILITIES
Cable Television ........................................................................................ 113 – 115
Electric ...................................................................................................... 111
Natural Gas ................................................................................................ 110
Residential Telecommunications Infrastructure Standard .......................... 116
Sewer Service System ................................................................................ 95 – 100
Storm Water Management .........................................................................
Telephone .................................................................................................. 112
Water Service System ................................................................................ 90 – 94
U-TURNS .............................................................................................................. 64.02
VACANCIES IN OFFICE................................................................................... 5.10
VACATING STREETS OR ALLEYS ............................................................... 137
VEHICLE NOISE AND EMISSION STANDARDS......................................... 77
VETO
Council May Override ............................................................................... 17.03
Mayor’s Authority ..................................................................................... 15.02(4)
INDEX - 20
CHAPTER OR SECTION
NUMBER
VICIOUS DOGS .................................................................................................. 57

VIOLATIONS
Cigarette and Tobacco Violations (Sale to Minors) ................................... 121.07
Environmental ........................................................................................... 3.02
Municipal Infractions................................................................................. 3
Parking ...................................................................................................... 70
Special Penalties for Violation of Sanitary Sewer Regulations .................. 95.09
Standard Penalty for Violation of Code of Ordinances .............................. 1.14
Traffic........................................................................................................ 62.01
Zoning ....................................................................................................... 166.04
VOTING PRECINCTS........................................................................................ 6.07
WARRANTS ........................................................................................................ 1.12
WASTE STORAGE CONTAINERS ................................................................. 105.10
See also Trash and Recycling Enclosures ............................................................... 169.04
WASTEWATER SYSTEMS, ON-SITE ............................................................ 98
WATER POLLUTION........................................................................................ 50.02(4)
WATER RATIONING ........................................................................................ 94
WATER SERVICE SYSTEM
Connections; General Regulations ............................................................. 90
Meters........................................................................................................ 91
Private Wells and Water Systems .............................................................. 93
Rates .......................................................................................................... 92
Rationing ................................................................................................... 94
WATER WELL CONTAMINATION ............................................................... 90.20
WEAPONS
Discharging Weapons in City Limits ......................................................... 41.09
Taking Weapons During Arrest ................................................................. 30.10
Throwing and Shooting ............................................................................. 41.10
WEEDS AND GRASS ......................................................................................... 52
See also Weeds and Brush...................................................................................... 50.02(9)
WELLS
Private Wells and Water Systems .............................................................. 93
Water Well Contamination ........................................................................ 90.20
WINE
See ALCOHOL
INDEX - 21
CHAPTER OR SECTION
NUMBER
YARD REQUIREMENTS .................................................................................. 169.08

See also Zoning District Regulations ...................................................................... 168
YARD WASTE..................................................................................................... 105.06
YIELD REQUIRED............................................................................................. 65
ZONING REGULATIONS
Administrative ........................................................................................... 165
Communication Towers and Antennas ...................................................... 172
Definitions ................................................................................................. 167
Development Regulations .......................................................................... 169
District Regulations ................................................................................... 168
Nonconforming, Conditional, and Temporary Uses .................................. 171
Organization and Enforcement .................................................................. 166
Signs .......................................................................................................... 173
Special Use Regulations ............................................................................ 170
INDEX - 22

North Liberty Code of Ordinances

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North Liberty Code of Ordinances

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CODE OF ORDINANCES

 IOWA CODIFICATION, INC.

Iowa Codification, Inc.

CODE OF ORDINANCES, NORTH LIBERTY, IOWA

CODE OF ORDINANCES, NORTH LIBERTY, IOWA

1.06 RULES OF CONSTRUCTION. In the construction of this Code of Ordinances, the

1.07 EXTENSION OF AUTHORITY. Whenever an officer or employee is required or

1.11 SEVERABILITY. If any section, provision, or part of the Code of Ordinances is

1.13 GENERAL STANDARDS FOR ACTION. Whenever this Code of Ordinances

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3.01 MUNICIPAL INFRACTION. A violation of this Code of Ordinances or any

3.02 ENVIRONMENTAL VIOLATION. A municipal infraction which is a violation of

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

CODE OF ORDINANCES, NORTH LIBERTY, IOWA

B. A municipal infraction classified as an environmental violation is

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5.08 RESIGNATIONS. An elected officer who wishes to resign may do so by submitting a

5.09 REMOVAL OF APPOINTED OFFICERS AND EMPLOYEES. Except as

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5.12 BOARDS AND COMMISSIONS. Except as otherwise provided by State or City

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6.01 NOMINATING METHOD TO BE USED. All candidates for elective municipal

6.02 NOMINATIONS BY PETITION. Nominations for elective municipal offices of the

6.04 PREPARATION OF PETITION AND AFFIDAVIT. Nomination papers shall

6.05 FILING; PRESUMPTION; WITHDRAWALS; OBJECTIONS. The time and

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INDUSTRIAL PROPERTY TAX EXEMPTIONS

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CODE OF ORDINANCES, NORTH LIBERTY, IOWA

ECONOMIC DEVELOPMENT PROPERTY TAX

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9.03 ELIGIBILITY. The new construction of shell buildings by the community

9.04 WHEN EFFECTIVE.

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ORDINANCE ADOPTED NAME OF AREA

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CODE OF ORDINANCES, NORTH LIBERTY, IOWA

MAYOR PRO TEM

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