ELY MUNICIPAL CODE OF ORDINANCES

1-1-1 TITLE. This code of ordinances shall be known and may be cited as the Ely Municipal Code of Ordinances of 1997.

1-1-2 DEFINITIONS. The following words and phrases whenever used in the Ordinances of the City, shall be construed as defined in this section unless, from the context, a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases:

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

2. "Business districts" means: the territory contiguous to and including a highway when fifty percent or more of the frontage thereon for a distance of three hundred feet or more is occupied by buildings in use for business.

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

4. "Clerk" means Clerk-Treasurer.

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

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

7. "County" means the County of Linn, Iowa;

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

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

10. "May" confers a power;

11. “Measure” shall mean an ordinance, amendment, resolution, or motion.

12. "Month" means a calendar month;

13. "Must" states a requirement;

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

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

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

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

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

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

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

21. “Police Chief” or “Chief of Police” means the Linn County Sheriff.

22. “Police Officer” shall mean a deputy of the Linn County Sheriff’s Department or officer assigned by the City Council .

23. "Preceding" and "following" mean next before and next after, respectively.

24. "Property" includes real and personal property.

25. “Public Property” shall mean any and all property owned by the city or held in the name of the city by any departments, commissions, or agencies within the city.

26. "Real property" includes lands, tenements and hereditaments.

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

28. "Shall" imposes a duty.

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

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

31. "State" means the State of Iowa.

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

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

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

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

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

37. “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.

38. “Vehicle” means any vehicle in, upon, or by which any person or property is or may be transported or drawn upon a public highway, street, or alley.

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

40. "Year" means a calendar year;

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

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

1-1-3 GRAMMATICAL INTERPRETATION. The following grammatical rules shall apply in the Ordinances of the City;

1. Gender. Any gender includes the other gender;

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

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

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

1-1-4 PROHIBITED ACTS INCLUDE CAUSING, PERMITTING. Whenever in this Code any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. A principal is responsible for the unauthorized acts or omissions committed by an agent or employee which have been authorized by the principal.

1-1-5 CONSTRUCTION. The provisions of this Code and all proceedings under it are to be construed with a view to affect its objects and to promote justice.

1-1-6 INDEMNITY. The applicant for any permit of license under this Code of Ordinances, by making such application, assumes and agrees to pay for all injury to or death of any persons whomsoever, and all loss 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. This section shall apply even though acts or omission of the city, or its officers, agents and employees, may have caused or contributed to such damage, injury or death. This section shall apply even though the city, or its officers, agents and employees, may have knowledge of any act, omission or condition which caused or contributed to such loss, damage, injury or death. 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.

1-1-7 AMENDMENT. All Ordinances of the City Council passed thereafter shall be in the form of an addition or amendment to the Ely Municipal Code of 1997 constituting this Municipal Code, and shall include proper references to chapter and section to maintain the orderly codification of the Ordinances.

1-1-8 ALTERING CODE. It is unlawful for any 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 misinterpreted thereby.

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

TITLE I GENERAL PROVISIONS

CHAPTER 2 RIGHT OF ENTRY

1-2-1 Right of Entry

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

TITLE I GENERAL PROVISIONS

CHAPTER 3 PENALTY

1-3-1 General Penalty

1-3-2 Civil Penalty – Municipal Infraction

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

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

1-3-2 CIVIL PENALTY - MUNICIPAL INFRACTION.

(Code of Iowa, Sec. 364.22)

1. DEFINITIONS.

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

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

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

2. VIOLATIONS, PENALTIES, AND ALTERNATIVE RELIEF.

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

Schedule of Civil Penalties

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

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

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

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

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

3. CIVIL CITATIONS.

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

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

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

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

(1) The name and address of the defendant.

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

(3) The location and time of the infraction.

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

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

(6) The time and place of court appearance.

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

TITLE I GENERAL PROVISIONS

CHAPTER 4 PROCEDURE FOR HEARINGS BY THE CITY COUNCIL

1-4-1 Purpose and Intent

1-4-2 General

1-4-3 Form of Notice of Hearing

1-4-4 Subpoenas

1-4-5 Conduct of Hearing

1-4-6 Method and Form of Decision

1-4-1 PURPOSE AND INTENT.

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

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

1-4-2 GENERAL.

1. Record. A record of the entire proceedings shall be made in the written minutes. Tape recording or other means of permanent recording determined to be appropriate by the City Council may be used in addition to written minutes.

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

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

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

1-4-3 FORM OF NOTICE OF HEARING.

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

"You are hereby notified that an evidentiary hearing will be held before the Ely City Council in the Council Chambers at the Ely Community Center on the ______ day of ____________, 19___, at the hour ____________, upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with the City Clerk."

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

1-4-5 CONDUCT OF HEARING.

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

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

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

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

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

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

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

b. To introduce documentary and physical evidence;

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

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

e. To rebut the evidence against the party; and

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

7. Official notice.

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

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

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

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

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

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

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

1-4-6 METHOD AND FORM OF DECISION.

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

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

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

TITLE II POLICY AND ADMINISTRATION

CHAPTER 1 CITY CHARTER

2-1-1 Charter 2-1-5 Term of Mayor

2-1-2 Form of Government 2-1-6 Copies on File

2-1-3 Powers and Duties 2-1-7 Corporate Limits

2-1-4 Number and Term of City Council 2-1-8 Urban Renewal Area

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

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

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

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

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

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

2-1-7 CORPORATE LIMITS. The corporate limits of the City of Ely are described as follows:

A. Shall be shown on the Official City Map as posted in Office of the City Clerk and marked as

“Official map of Corporate Limits”

2-1-8 URBAN RENEWAL AREA (Shall be regulated by Ordinance No. 152 Ordinance No. 167 and Ordinance 170)

TITLE II POLICY AND ADMINISTRATION

CHAPTER 2 APPOINTMENT AND QUALIFICATIONS OF

MUNICIPAL OFFICERS

2-2-1 Creation of Appointive Officers 2-2-7 Removal of Appointed Officers

2-2-2 Appointment of Officers 2-2-8 Bonds Required

2-2-3 Terms of Appointive Officers 2-2-9 Surety

2-2-4 Vacancies in Offices 2-2-10 Blanket Position Bond

2-2-5 Oaths 2-2-11 Bonds Filed

2-2-6 Resignations

2-2-1 CREATION OF APPOINTIVE OFFICERS. There are hereby created the following appointive officers: Clerk, Attorney, Water Pollution Control Superintendent/Water Superintendent, and Zoning Administrator.

2-2-2 APPOINTMENT OF OFFICERS. The Mayor shall appoint the Mayor pro tempore and the police chief. In lieu of a Police Chief, the City Council may contract for law enforcement protection on behalf of the City. All other officers shall be appointed or selected by the City Council unless otherwise provided by law or Ordinance.

The Mayor shall appoint the following officials, subject to the approval of the City Council: members of the planning and zoning commission, board of adjustment, recreation commission, and representatives of the City of Ely, Iowa, to the governing board of the College, Ely, Putnam Fire Department, and a delegate and an alternate to serve on the E911 Board, and library trustees, however, non-resident members shall be appointed by the Mayor, subject to the approval of the Linn County Board of Supervisors.

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

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

2-2-5 OATHS. The oath of office shall be required and administered in accordance with the following:

1. Qualify for Office. All elected officers and the following appointed officers shall qualify for office by taking the prescribed oath:

A. City Clerk

B. Deputy City Clerk

C. Police Chief and Police Officers

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 if 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 Ely as now or hereinafter required by law.

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

A. The Mayor.

B. The Clerk.

2-2-6 RESIGNATIONS. An elected officer who wishes to resign may do so by submitting a resignation in writing to the clerk so that it may 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.

2-2-7 REMOVAL OF APPOINTED OFFICERS. Except as otherwise provided by state or city law, all persons appointed to city office 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.

2-2-8 BONDS REQUIRED. Each municipal officer required by law or Ordinance to be bonded shall, before entering upon the duties of the office, execute to the City a good and sufficient bond, to be approved by the City Council, conditioned on the faithful performance of the duties and the proper handling and accounting for the money and property of the City in the official's charge unless the City Council shall have provided for a blanket position surety bond.

2-2-9 SURETY. Any association or corporation which makes a business of insuring the fidelity of others and which has authority to do such business within Iowa shall be accepted as surety on any of the bonds.

2-2-10 BLANKET POSITION BOND. The City Council shall provide for a blanket position bond to cover all officers and employees of the City, but the City Council may provide by resolution for a surety bond for any other officer or employee that the City Council deems necessary. The City shall pay the premium on any official bond.

2-2-11 BONDS FILED. All bonds when duly executed shall be filed with the Clerk, except that the Clerk's bond shall be filed with the Mayor.

TITLE II POLICY AND ADMINISTRATION

CHAPTER 3 POWERS AND DUTIES OF

MUNICIPAL OFFICERS

2-3-1 General Duties 2-3-8 Powers and Duties of the Clerk

2-3-2 Books and Records 2-3-9 Powers and Duties of the Police Chief

2-3-3 Deposits of Municipal Funds 2-3-10 Powers and Duties of the City Attorney

2-3-4 Transfer of Records and Property 2-3-11 Powers and Duties of the Water Pollution

to Successor Control Superintendent/Water Superintendent

2-3-5 Conflict of Interest 2-3-12 Powers and Duties of the City Sewage System

2-3-6 Unlawful Use of City Property Superintendent

2-3-7 Powers and Duties of the Mayor 2-3-13 Powers and Duties of the Fire Chief

2-3-1 GENERAL DUTIES. Each municipal officer shall exercise the powers and perform the duties prescribed by law

and Ordinance, or as otherwise directed by the City Council unless contrary to State law or City charter.

2-3-2 BOOKS AND RECORDS. All books and records required to be kept by law or Ordinance shall be open to inspection by the public upon request.

2-3-3 DEPOSITS OF MUNICIPAL FUNDS. As funds are received or become available, departmental funds shall be transmitted to the City Clerk in a timely manner. Such funds shall be taken to the City Clerk, together with receipts indicating the sources of the funds.

2-3-4 TRANSFER OF RECORDS AND PROPERTY TO SUCCESSOR. Each officer shall transfer to the official's successor in office all books, papers, records, documents and property, together with an invoice of the same, in the official's custody and appertaining to the official's office.

2-3-5 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. 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. The designation of a bank or trust company as a depository, paying agent, or for investment of funds.

3. An employee of a bank or trust company who serves as treasurer of the city.

4. 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, of the contracts are made by competitive bid, publicly invited and opened, and 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 requirement of this subsection shall not be required or any contract for professional services not customarily awarded by competitive bid.

5. The designation of an official newspaper.

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

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

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

9. A contract made by competitive bid, publicly invited and opened, in which a member of a city board of trustees, commission, or administrative agency has an interest if the member is not authorized by law to participate in the awarding of the contract. The competitive bid requirement of this subsection does not apply to any contract for professional services not customarily awarded by competitive bid.

10. Contracts made by a city upon competitive bid in writing, publicly invited and opened.

11. 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 $2,500 in a fiscal year.

UNLAWFUL USE OF CITY PROPERTY. No person shall use or permit any other person to use the

property owned by the city for any private purpose and for personal gain, to the detriment of the city.

2-3-7 POWERS AND DUTIES OF THE MAYOR. The duties of the Mayor shall be as follows:

1. In coordination with the Clerk/Administrator, the Mayor shall have the power to examine all functions records, and special reports from department heads.

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

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

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

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

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

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

If the Mayor pro tempore performs the duties of the Mayor during his absence or disability for a continuous period of fifteen (15) days or more, the mayor pro tempore may be paid for that period such compensation as determined by the City Council, based upon his performance of the mayor’s duties and upon the compensation of the mayor.

8. The Mayor shall designate, with the consent of the City Council, from among the members of the City Council, except for the Mayor pro tempore, Council members to coordinate with the Clerk/Administrator a report for streets, finances, public safety, and public works as set forth in Chapter 9 of Title II.

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

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

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

12. The Mayor, with the knowledge of the Clerk/Administrator, may order to be removed, at public expense, any nuisance for which no person can be found responsible and liable. This order shall be in writing. The order to remove said nuisances shall be

carried out by the appropriate city official or agency.

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

(Ord. No. 173 of 6/9/2003)

2-3-8 POWERS AND DUTIES OF THE CLERK/ADMINISTRATOR. The duties of the Clerk/Administrator shall be as follows:

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

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

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

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

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

5. The Clerk/Administrator shall publish or post notice of public hearings, elections and other official actions as required by State and City law.

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

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

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

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

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

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

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

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

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

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

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

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

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

19. The Clerk/Administrator shall issue all licenses and permits approved by the City Council, and keep a record of licenses and permits issued which shall show a date of issuance, license or permit number, official receipt number, name of person to whom issued, term of license or permit, and purpose for which issued. The Clerk/Administrator may sign permits as authorized by the Mayor or City Council as allowed under law or Ordinance.

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

21. The Clerk/Administrator shall preserve a complete record of every City election, regular or special and perform duties required by law or Ordinance of the City Clerk/Administrator in regard to elections.

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

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

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

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

26. Monthly, the Clerk/Administrator shall prepare and submit to the City Council an itemized report of revenues and expenditures.

27. The Clerk/Administrator shall keep the record of each fund separate. At a minimum, the funds shall include the general, road use, debt service, and enterprise funds.

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

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

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

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

32. Clerk/Administrator shall supervise all departments of the City and give direction to department heads concerning the functions of the departments.

33. The Clerk/Administrator may represent the City in negotiations properly entered into in accordance with law or Ordinance.

34. The Clerk/Administrator shall make oral or written reports to the City Council at the first meeting of every month. These reports shall concern municipal affairs generally, the municipal departments and recommendations suitable for City Council action.

35. The Clerk/Administrator may research and submit proposals to the City Council for such specialized and professional services not already available to the City. In securing these services, the Clerk/Administrator shall conduct said duties in accordance with the City Ordinance and the laws of the State of Iowa.

36. The Clerk/Administrator may sign all licenses and permits which have been granted by the City Council, except those designated by law or Ordinance to be issued by another municipal officer.

37. Upon authorization of the City Council and with the knowledge of the Mayor, the Clerk/Administrator may revoke permits or licenses granted by the City Council when their terms, the Ordinances of the City, or the laws of the State of Iowa are violated by holders of said permits or licenses.

38. The Clerk/Administrator, with the knowledge of the Mayor, may order to be removed, at public expense, any nuisance for which no person can be found responsible and liable. This order shall be in writing. The order to remove said nuisances shall be carried out by the appropriate city official or agency.

39. The Clerk/Administrator shall review all City personnel annually and make recommendations on wages and other personnel matters to the City Council. (Ord. No. 173 of 6/9/2003)

2-3-9 POWERS AND DUTIES OF THE POLICE CHIEF. The duties of the Police Chief shall be as follows:

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

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

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

4. The Police Chief shall report to the City Council upon activities as Police Chief when requested.

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

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

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

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

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

10. The Police Chief may appoint one or more assistant Police Chiefs, who may perform the Police Chief's duties and who shall be members of the police force.

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

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

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

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

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

15. In lieu of a Police Chief, and provided the City has entered into a contract with the Linn County Sheriff’s Department for law enforcement protection, the Linn County Sheriff shall assume the powers and duties specified herein for the Police Chief. Said powers and duties shall be executed by the Sheriff or the Sheriff’s designee.

2‑3‑10 POWERS AND DUTIES OF THE CITY ATTORNEY. The duties of the City Attorney shall be as follows:

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

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

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

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

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

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

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

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

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

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

2‑3‑11 POWERS AND DUTIES OF THE WATER POLLUTION CONTROL SUPERINTENDENT/WATER SUPERINTENDENT. The duties of the superintendent of public utilities shall be as follows:

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

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

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

4. In lieu of a Superintendent, the Council may enter into a contract with a person or firm duly qualified to execute the above powers and duties.

2-3-12 POWERS AND DUTIES OF THE SUPERINTENDENT. The superintendent of the city sewage system shall be appointed by the council and exercise the following powers and duties:

1. Operation and Maintenance. He shall operate and maintain the city sewage system.

2. Inspection and Tests. He shall conduct necessary inspections and tests to assure compliance with the provisions of this chapter.

3. Records. He shall maintain a complete and accurate record of all sewers, sewage connections and manholes constructed showing the location and grades thereof.

4. In lieu of a Superintendent, the Council may enter into a contract with a person or firm duly qualified to execute the above powers and duties.

2‑3‑13 POWERS AND DUTIES OF THE FIRE CHIEF. Reserved.

TITLE II POLICY AND ADMINISTRATION

CHAPTER 4 SALARIES OF MUNICIPAL OFFICERS

2-4-1 Council Member 2-4-3 Other Officers

2-4-2 Mayor

2‑4‑1 COUNCIL MEMBER. The salaries of each City Council member shall be $25.00 for each meeting of the City Council. (Changed by Ord. No. 172 of 4/14/03-to be effective 1/1/04)

2‑4‑2 MAYOR. The Mayor shall receive an annual salary of $2,000.00 to be paid in equal quarterly installments. (Changed by Ord. No. 172 of 4/14/03-to be effective 1/1/04)

2‑4‑3 OTHER OFFICERS. The compensation of all other officers and employees shall be set by resolution of City Council.

TITLE II POLICY AND ADMINISTRATION

CHAPTER 5 CITY FINANCE

2-5-1 Budget Adoption 2-5-9 Expenditures

2-5-2 Budget Amendment 2-5-10 Authorizations to Expend

2-5-3 Budget Protest 2-5-11 Accounting

2-5-4 Accounts and Programs 2-5-12 Budget Accounts

2-5-5 Annual Report 2-5-13 Immediate Payment Authorized

2-5-6 Council Transfers 2-5-14 Contingency Accounts

2-5-7 Administrative Transfers 2-5-15 Unauthorized Expenditure

2-5-8 Budget Officer

2‑5‑1 BUDGET ADOPTION. Annually, the City shall prepare and adopt a budget, and shall certify taxes as follows:

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

a. Expenditures for each program.

b. Income from sources other than property taxation.

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

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

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

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

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

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

2‑5‑2 BUDGET AMENDMENT. The City budget as finally adopted for the following fiscal year becomes effective July first and constitutes the City appropriation for each program and purpose specified therein until amended. The City budget for the current fiscal year may be amended for any of the following purposes:

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

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

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

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

The budget amendment shall be prepared and adopted in the same manner as the original budget, and is subject to protest as provided in Section 2‑5‑3 of this chapter, except that the City Finance Committee may by rule provide that amendments of certain types or up to certain amounts may be made without public hearing and without being subject to protest.

2‑5‑3 BUDGET PROTEST. Within a period of ten days after the final date that the budget or amended budget may be certified to the County Auditor, persons affected by the budget may file a written protest with the County Auditor, specifying their objection to the budget or any part of it. A protest must be signed by qualified voters equal in number to one‑fourth of one percent of the votes cast for governor in the last preceding general election in the City, but not less than ten persons.

2‑5‑4 ACCOUNTS AND PROGRAMS. The City shall keep separate accounts corresponding to the programs and items in its adopted or amended budget, as recommended by the State City Finance Committee.

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

1. Petty Cash Fund. The finance officer shall be custodian of a petty cash fund not to exceed fifty dollars ($50.00) for the payment of small claims for minor purchases, collect on delivery transportation charges and small fees customarily paid at the time of rendering a service for which payments the clerk shall obtain some form of receipt or bill acknowledged as paid by the vendor or his agent. At such time as the petty cash fund is approaching depletion the clerk 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 or salary payments or other personal services or personal expenses. No petty cash fund of any city department shall exceed fifty dollars ($50.00).

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

2-5-6 COUNCIL TRANSFERS. Reserved.

2‑5‑7 ADMINISTRATIVE TRANSFERS. The City Clerk shall have power to make transfers within a single activity between objects of expenditures within activities without prior City Council approval.

The City Clerk shall have the power to make transfers between activities, or between sub‑programs without prior City Council approval to meet expenditures which exceed estimates or are unforeseen but necessary to carry out City Council directives or to maintain a necessary service and provide the required appropriation balance. Such transfers shall not exceed 10% at any one time of the activity's annual appropriation which is increased or decreased. However, when a given transfer, considering all previous transfers to or from any activity to exceed by ten percent greater or ten percent less than the original appropriation, it shall be presented to the City Council as a resolution including all such administrative transfers to date in the fiscal year for consideration and passage as presented, or as amended by the City Council.

2‑5‑8 BUDGET OFFICER. The City Clerk shall be the City budget officer and is responsible for preparing the budget data in cooperation with the City Council or Mayor. The City Clerk shall be responsible for carrying out the authorizations and plans in the budget as set forth in the budget, subject to City Council control and the limitations set out in this Ordinance.

2‑5‑9 EXPENDITURES. No expenditure shall be authorized by any City officer or employee except as herein provided. All purchases of services, supplies and equipment shall be made only after issuance of a purchase order and no invoice shall be accepted unless authorized by such an order. Purchases may be made by those officials authorized by the City Council but only on issuance of a spot purchase order in writing signed by the authorized officer. A copy of such spot purchase order must be delivered to the Clerk within seventy-two (72) hours, weekends, and holidays excepted. All other purchases shall be valid only if a purchase order has been given in writing and signed by the Clerk. Purchases from petty cash shall be excepted.

2‑5‑10 AUTHORIZATIONS TO EXPEND. All purchase orders other than those excepted herein shall be authorized by the City budget officer after determining whether the purchase, if a major item, has been authorized by the budget or other City Council approval. The Clerk shall then determine whether a purchase order may be issued by checking the availability of an appropriation sufficient to pay for such a purchase. A purchase order may be issued only if there is an appropriation sufficient for the purchase and for other anticipated or budgeted purposes. If no adequate appropriation is available for the expenditure contemplated the Clerk shall not issue a purchase order until a budget amendment to transfer of appropriation is made in accordance with power delegated by City Council and within the limits set by law and the City Council. The Clerk shall draw a warrant/check only upon an invoice received, or progress billing for a public improvement, supported by a purchase order and a signed receipt or other certification indicating the material has been delivered of the quality and in the quantities indicated or the services have been performed satisfactorily to the extent invoiced.

2‑5‑11 ACCOUNTING. The Clerk shall set up and maintain books of original entry to provide a chronological record of cash received and disbursed through all receipts given and warrants written, which receipts and warrants shall be prenumbered, in accordance with modern, accepted methods, and the requirement of the state. The Clerk shall keep a general ledger controlling all cash transactions, budgetary accounts and recording unappropriated surpluses. Warrants/checks may be signed by the City Clerk and Mayor.

2‑5‑12 BUDGET ACCOUNTS. The Clerk shall set up such individual accounts to record receipts by source and expenditures by program and purpose as will provide adequate information and control for budgetary purposes as planned and approved by the City Council. Each individual account shall be maintained within its proper fund as required by City Council order or State law and shall be so kept that receipts can be immediately and directly compared with specific estimates and expenditures can be related to the appropriation which authorized it. No expenditure shall be posted except to the appropriation for the function and purpose for which the expense was incurred.

2-5-13 IMMEDIATE PAYMENT AUTHORIZED. The Council may be 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.

2‑5‑14 CONTINGENCY ACCOUNTS. Whenever the City Council shall have budgeted for a contingency account the Clerk shall set up in the accounting records but the Clerk shall not charge any claim to a contingency account. Said contingency accounts may be drawn upon only by City Council resolution directing a transfer to a specific purpose account within its fund and then only upon compelling evidence of an unexpected and unforeseeable need or emergency.

2-5-15 UNAUTHORIZED EXPENDITURE. No city official or employee, or any person acting under color of such office or employment, shall knowingly make any contract or authorize any expenditure known by him or her to be in excess of that authorized by law.

TITLE II POLICY AND ADMINISTRATION

CHAPTER 6 POSTING

2-6-1 Purpose 2-6-3 Removing Notice Unlawful

2-6-2 Listing; Length of Notice 2-6-4 Time

2-6-1 PURPOSE. The City of Ely, Iowa has no newspaper published within the corporate limits of the City, and publications of notice of elections, Ordinances and amendments may be made by posting in three public places which have been permanently designated by Ordinance.

2-6-2 LISTING, LENGTH OF NOTICE. The three public places where public notice of Ordinances and other matters permitted to be posted are to be displayed are:

Solon State Bank - Ely

Ely Post Office

Ely Community Center (City Hall)

The City Clerk is hereby directed to promptly post notices of elections, Ordinances, and amendments, and to leave them so posted for not less than ten days after the first date of posting, and the City Clerk shall note the first date of such posting on the official copy of the Ordinance and in the official Ordinance book immediately following the Ordinance. For Ordinances and other matters requiring publication, the City Council shall annually designate by resolution a newspaper of general circulation.

2-6-3 REMOVING NOTICE, UNLAWFUL. Any unlawful removal of a public notice or posting shall not affect the validity of the Ordinance or action taken.

2-6-4 TIME. If notice of an election, hearing, or other official action is required by the city code or law, the notice must be published at least once, not less than four (4) nor more than twenty (20) days before the date of the election, hearing or other action, unless otherwise provided by law.

TITLE II POLICY AND ADMINISTRATION

CHAPTER 7 CITY ELECTIONS

2-7-1 Purpose 2-7-6 Filing, Presumption, Withdrawals,

2-7-2 Nominating Method to be Used Objections

2-7-3 Nominations by Petition 2-7-7 Persons Elected

2-7-4 Adding Name by Petition 2-7-8 Primary and Runoff Abolished

2-7-5 Preparation of Petition

2-7-1 PURPOSE. The purpose of this chapter is to designate the method by which candidates for elective municipal offices in the City shall be nominated and elected.

2-7-2 NOMINATING METHOD TO BE USED. All candidates for elective municipal offices shall be nominated under the provisions of Chapter 45 of the Code of Iowa.

2-7-3 NOMINATIONS BY PETITION. Nominations for elective municipal offices of the City may be made by nomination paper or papers signed by not less than ten eligible electors, residents of the City.

2-7-4 ADDING NAME BY PETITION. The name of a candidate placed upon the ballot by any other method than by petition shall not be added by petition for the same office.

2-7-5 PREPARATION OF PETITION. Each eligible elector shall add to the signature the elector's residence address, and date of signing. The person whose nomination is proposed by the petition may not sign it. Before filing said petition, there shall be endorsed thereon or attached thereto an affidavit executed by the candidate, which affidavit shall contain:

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

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

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

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

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

2-7-6 FILING, PRESUMPTION, WITHDRAWALS, OBJECTIONS. The time and place of filing nomination petitions, the presumption of validity thereof, the right of a candidate so nominated to withdraw and the effect of such withdrawal, and the right to object to the legal sufficiency of such petitions, or to the eligibility of the candidate, shall be governed by the appropriate provisions of Chapter 44 of the Code of Iowa.

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

2-7-8 PRIMARY AND RUNOFF ABOLISHED. The Council has adopted Chapters 44 and 45 of the Code of Iowa for conducting elections and in accordance with Section 376.6(2), Code of Iowa, no primary or runoff election will be conducted for City offices.

TITLE II POLICY AND ADMINISTRATION

CHAPTER 8 POLICE DEPARTMENT

2-8-1 Department Established 2-8-7 Police Chief; Duties

2-8-2 Organization 2-8-8 Departmental Rules

2-8-3 Peace Officer Qualifications 2-8-9 Summoning Aid

2-8-4 Required Training 2-8-10 Taking Weapons

2-8-5 Compensation 2-8-11 Contract Law Enforcement

2-8-6 Peace Officers Appointed

2-8-1 DEPARTMENT ESTABLISHED. The Police Department of the City is established to provide for the preservation of peace and enforcement of law and ordinances within the corporate limits of the City.

2-8-2 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 City Council.

2-8-3 PEACE OFFICER QUALIFICATIONS. In no case shall any person be selected or appointed as a law enforcement officer unless such person meets the minimum qualification standards established by the Iowa Law Enforcement Academy.

2-8-4 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.

2-8-5 COMPENSATION. Members of the department are designated by rank and receive such compensation as shall be determined by resolution of the City Council.

2-8-6 PEACE OFFICERS APPOINTED. The Mayor shall appoint the Police Chief and the Police Chief shall appoint, subject to the approval of the Mayor, the other members of the department.

2-8-7 POLICE CHIEF; DUTIES. The Police Chief has the following powers and duties subject to the approval of the City 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.

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 City Council an annual report as well as such other reports as may be requested by the Mayor or City 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.

2-8-8 DEPARTMENTAL RULES. The Police Chief shall establish such rules, not in conflict with the Code of Ordinances, and subject to the approval of the City Council, as may be necessary for the operation of the department.

2-8-9 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.

2-8-10 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.

2-8-11 CONTRACT LAW ENFORCEMENT. In lieu of the appointment of a Police Chief by the Mayor, the City Council may contract with the County Sheriff or any other qualified lawful entity to provide law enforcement services within the City and in such event the Sheriff or such other entity shall have and exercise the powers and duties of the Police Chief as provided herein.

TITLE II POLICY AND ADMINISTRATION

CHAPTER 9 CITY COUNCIL

2-9-1 Powers and Duties 2-9-3 Meetings

2-9-2 Exercise of Power

2-9-1 POWER AND DUTIES. The powers and duties of the City Council include, but are not limited to the following:

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

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

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

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

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

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

8. At the beginning of the terms of office for the members of the City Council, the Mayor, with the consent of the City Council, shall designate from among the members of the City Council, except for the Mayor pro tempore, Council members to report on streets, finances, public safety, and public works. The provisions of this chapter shall not be interpreted to modify, restrict or hamper the powers, duties and authority of the City Council or the Mayor, as chief executive officer of the city, as set forth in other provisions of the city code pertaining to street, finance, public safety and public works. (Ord. No. 173 of 6/3/2003)

2-9-2 EXERCISE OF POWER. The City Council shall exercise a power only by the passage of a motion, a resolution, an amendment, or an ordinance in the following manner:

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

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

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

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

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

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

2-9-3 MEETINGS. Procedures for giving notice of meetings of the City Council and other provisions regarding the conduct of City Council meetings are contained in Section 5.06 of this Code of Ordinances.

Additional particulars relating to City Council meetings are the following:

1. Regular Meetings. The regular meetings of the City Council shall be set by Resolution of the City Council.

2. Special Meetings. Special meetings shall be held upon call of the Mayor or upon the written request of a majority of the members of the City Council submitted to the City Clerk/Administrator. Notice of a special meeting shall specify the date, time, place and subject of the meeting and such notice shall be given personally or left at the usual place of residence of each member of the City Council. The City Clerk/Administrator shall maintain a record of the service of notice. Anyone requesting a special meeting of the City Council, shall do so in writing. Requests for a special meeting of the Council by the general public shall be denied if made within ten (10) days of a regularly scheduled Council meeting.

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

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

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

Open Meetings. All meetings shall be held in accordance with the provisions of Chapter 21, Code of Iowa -- Official Meetings Open to Public. (Ord. No. 173 of 6/9/2003)

TITLE II POLICY AND ADMINISTRATION

CHAPTER 10

DISASTER RECOVERY AND RECONSTRUCTION

2-10 1 Authority This ordinance is adopted by the Linn County Board of Supervisors and the respective City Councils acting under authority of the City Municipal Code, State Code 29C, Emergency Management, and all applicable federal laws and regulations.

2-10-2 Purpose It is the intent of the Linn County Board of Supervisors and the affected City Councils under this chapter to:

authorize creation of an organization to plan and prepare in advance of a major disaster for orderly and expeditious post-disaster recovery and to direct and coordinate recovery and reconstruction activities;

direct the preparation of a pre-event plan for post-disaster recovery and reconstruction to be updated on a continuing basis;

authorize in advance of a major disaster the exercise of certain planning and regulatory powers related to disaster recovery and reconstruction to be implemented upon declaration of a local emergency;

identify means by which the county and the affected cities will take cooperative action with other governmental entities in expediting recovery;

and implement means by which the county and the affected cities will consult with and assist citizens, businesses and community organizations during the planning and implementation of recovery and reconstruction procedures.

2-10-3 Definitions As used in this ordinance, the following definitions shall apply:

2-10-3.1 Damage Assessment Survey A field survey to determine levels of damage for structures and/or to post placards designating the condition of structures.

2-10-3.2 Development Moratorium A temporary hold, for a defined period of time, on the issuance of building permits, approval of land use applications or other permits and entitlements related to the use, development and occupancy of private property in the interests of protection of life and property.

2-10-3.3 Director Shall mean the Director of the Recovery Organization or an authorized representative.

2-10-3..4 Disaster Assistance Centers (DACs) A multi-agency center organized by FEMA for coordinating assistance to disaster victims.

2-10-3.5 Disaster Field Office (DFO) A center established by FEMA for coordinating disaster response and recovery operations, staffed by representatives of federal, state and local agencies as identified in the Federal Response Plan (FRP) and determined by disaster circumstances.

2-10-3.6 Disaster Survey Report (DSR) Shall mean a claim by a local jurisdiction for financial reimbursement for repair or replacement of a public facility damaged in a major disaster, as authorized under the Stafford Act and related federal regulations, plans and policies.

2-10-3.7 Emergency Shall mean a local emergency, as defined by the Iowa State Code, which has been declared by the Board of Supervisors and the affected City Council for a specific disaster and has not been terminated.

2-10-3.8 Event Shall mean any natural occurrence, which results in the declaration of a state of emergency and shall include tornadoes, fires, floods, winter storms, hazardous material releases, etc.

2-10-3.9 Federal Response Plan (FRP) A Plan prepared by FEMA and over two dozen other federal departments and agencies to coordinate efforts of a large number of federal, state and local agencies in providing response and recovery assistance in an expeditious manner.

2-10-3.10 Flood Insurance Rate Map (FIRM) A map showing the outer boundaries of the floodway and floodplain as determined by the Flood Insurance Administration through the Flood Insurance Rate Map program.

2-10-3.11 Hazard Mitigation Grant Program A program for assistance to federal, state and local agencies whereby a grant is provided by FEMA as an incentive for implementing mutually desired mitigation programs, as authorized by the Stafford Act and related federal regulations, plans and policies.

2-10-3.12 Historic Building or Structure Shall mean any building or structure included on the national register of historic places, the state register of historic places or points of interest, or a local register of historic places, and any buildings and structures having historic significance within a recognized historic district.

2-10-3.13 Individual Assistance Program A program for providing small grants to individuals and households affected by a disaster to offset loss or equipment, damage to homes, or the cost of relocation to another home, as authorized under the Stafford Act and related federal regulations.

2-10-3.14 In-Kind Shall mean the same as the prior building or structure in size, height and shape, type of construction, number of units, general location and appearance.

2-10-3.15 Major Disaster Shall mean a locally declared emergency also proclaimed as a state of emergency by the Governor of the State and by the President of the United States.

2-10-3.16 Multi-Agency Hazard Mitigation Team A team of representatives from FEMA, other federal agencies, state emergency management agencies and related state and local agencies, formed to identify, evaluate and report on post-disaster mitigation needs.

2-10-3.17 Public Assistance Program A program for providing reimbursement to federal, state and local agencies and non-profit organizations for repair and replacement of facilities lost or damaged in a disaster, as authorized under the Stafford Act and related federal regulations, plans and policies.

2-10-3.18 Reconstruction Shall mean the rebuilding of permanent replacement housing, construction of large-scale public or private facilities badly damaged or destroyed in a major disaster, addition of major community improvements, and full restoration of a healthy economy.

2-10-3.19 Recovery Shall mean the process by which most of private and

public buildings and structures not severely damaged or destroyed in a major disaster are repaired and most public and commercial services are restored to normal.

2-10-3.20 Recovery Organization An interdepartmental organization, which

coordinates city staff actions in planning and implementing disaster recovery and reconstruction functions.

2-10-3.21 Recovery Plan A pre-event plan for post-disaster recovery and reconstruction comprised of policies, plans, implementation actions, and designated responsibilities related to expeditious and orderly post-disaster recovery and rebuilding, as well as long-term mitigation.

2-10-3.22 Recovery Strategy A post-disaster strategic program identifying and prioritizing major actions contemplated or under way regarding such essential recovery functions as business resumption, economic reinvestment, industrial recovery, housing replacement, infrastructure restoration, and potential sources of financing to support these functions.

2-10-3.23 Safety Element An element of the comprehensive, long-term

general plan for the physical development of a community which addresses protection of the community from unreasonable risks associated with the effects of earthquakes, landslides, flooding, wild land and urban fires, wind, coastal erosion, and other natural and technological disasters.

2-10-3.24 “Stafford Act” Shall mean the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, as amended).

2-10-4 Recovery Organization There is hereby created the Recovery Organization, for the purpose of coordinating county and city actions in planning and implementing disaster recovery and reconstruction activities.

2-10-4.1 Powers and Duties The Recovery Organization shall have such powers as enable it to carry out the purposes, provisions and procedures of this Chapter, as identified in this chapter.

2-10-4.2 Recovery Task Force The Recovery Organization shall include a

Recovery Task Force comprised of the following officers and members:

A member of the Linn County Board of Supervisors who shall be Chair;

The Mayor Pro-Tempore or Assistant City Manager who shall be Deputy Director and shall act as Vice Chair in the absence of the Mayor or City Manager; (In the event of more than one affected city, the Mayor or City Manager/Administrator of the next largest city shall act as Deputy Director.)

The County and affected City Attorney’s who shall be Legal Advisers;

Other members, including the County and affected City Building Officials, County and affected City Engineers, Community Development/Planning Director, Fire Chiefs, Emergency Management Director, General Services Directors, Police Chiefs, Public Works Directors, Utilities Director, together with representatives from such other departments and offices as may be deemed necessary by the Chair or Director for effective operation;

2-10-4.3 Operations and Meetings The Director shall have responsibility for

Recovery Organization operations. When an emergency declaration is not in force, the Recovery Task Force shall meet monthly or more frequently, upon call of the Chair of Director. After a declaration of an emergency, and for the duration of that declared emergency period, the Recovery Task Force shall meet daily or as frequently as determined by the Director.

2-10-4.4 Succession In the absence of the Director, the Assistant Director shall

serve as Acting Director and shall be empowered to carry out the duties and responsibilities of the Director. The Director shall name a succession of county department directors or city department managers to carry on the duties of the Director and Assistant Director, and to serve as Acting Director in the event of the unavailability of the Director and Assistant Director.

2-10-4.5 Organization The Recovery Task Force may create such standing or ad

hoc committees as determined necessary by the Director.

2-10-4.6 Relation to Emergency Management Organization The Recovery Organization shall work in concert with the Linn County Emergency Management Commission, which has interrelated functions and similar membership. The Emergency Management Director SHOULD NOT be the Director of the Recovery Task Force.

2-10-5 Recovery Plan Before a major disaster, the Recovery Task Force shall prepare a pre-event plan for post-disaster recovery and reconstruction, referred to as the Recovery Plan, which shall be comprised of pre-event and post-disaster policies, plans, implementation actions, and designated responsibilities, related to expeditious and orderly post-disaster recovery, rebuilding, and long-term hazard mitigation.

2-10-5.1 Recovery Plan Content The Recovery Plan shall address policies, implementation actions and designated responsibilities for such subjects as business resumption, damage assessment, demolitions, debris removal and storage, expedited repair permitting, fiscal reserves, hazards evaluations, hazard mitigation, historical buildings, illegal buildings and uses, moratorium procedures, nonconforming buildings and uses, rebuilding plans, redevelopment procedures, relation to emergency response plan and comprehensive general plan, restoration of infrastructure, restoration of standard operating procedures, temporary and replacement housing, and such other subjects as may be appropriate to expeditious and wise recovery.

2-10-5.2 Coordination of Recovery Plan with FEMA and Other Agencies The Recovery Plan shall identify relationships of planned recovery actions with those of state, federal or mutual aid agencies involved in disaster recovery, including but not limited to the Federal Emergency Management Agency (FEMA), the American Red Cross, the Department of Housing and Urban Development (HUD), the Small Business Administration (SBA), the Environmental Protection Administration (EPA), the Department of Transportation (DOT), the Iowa Emergency Management Division and other entities which may provide assistance in the event of a major disaster. The Director shall distribute a draft copy of the plan to such agencies in sufficient time for comment prior to action on the Recover Plan by the County Board of Supervisors or affected City Councils.

2-10-5.3 Recovery Plan Adoption Following formulation, the Recovery Plan shall be transmitted to the Board of Supervisors and affected City Councils for review and approval. The Board of Supervisors and affected City Councils shall hold one or more public hearings to receive comments from the public on the Recovery Plan. Following one or more public hearings, the Board of Supervisors and affected City Councils may adopt the Recover Plan by resolution, including any modifications deemed appropriate, or transmit the plan back to the Recovery Task Force for further modification prior to final action.

2-10-5.4 Recover Plan Implementation The Director and the Recovery Task Force shall be responsible for implementation of the plan both before and after a major disaster, as applicable. Before a declaration of emergency, the Director shall prepare and submit reports annually, or more frequently as necessary, to fully advise the Board of Supervisors and City Councils on the progress of preparation or implementation of the Recovery Plan. After a declaration of emergency in a major disaster, the Director shall report to the Board of Supervisors and City Councils as often as necessary on implementation actions taken in the post-disaster setting, identify policy and procedural issues, and receive direction and authorization to proceed with plan modifications necessitated by specific circumstances.

2-10-5.5 Recovery Plan Training and Exercises The Recovery Task Force shall organize and conduct periodic training and exercises annually, or more often as necessary, in order to develop, convey and update the contents of the Recovery Plan. Such training and exercises will be conducted in coordination with similar training and exercises related to the County Multi-Hazard Emergency Operations Plan.

2-10-5.6 Recovery Plan Consultation with Citizens The Recovery Task Force shall schedule and conduct community meetings, periodically convene advisory committees comprised of representatives of homeowner, business and community organizations, or implement such other means as to provide information and receive input from members of the public regarding preparation, adoption or amendment of the Recovery Plan.

2-10-5.7 Recovery Plan Amendments During implementation of the Recovery Plan, the Director and the Recovery Task Force shall address key issues, strategies and information bearing on the orderly maintenance and periodic revision of the plan. In preparing modifications to the plan, the Recovery Task Force shall consult with County and City departments, business and community organizations and other government entities to obtain information pertinent to possible Recovery Plan amendments.

2-10-5.8 Recovery Plan Coordination with Related Plans The Recovery Plan shall be prepared in coordination with related elements of the Linn County Multi-Hazard Emergency Operations Plan, or such other plans as may be pertinent. Such related plan elements shall be periodically amended by the City council to be consistent with key provisions of the Recovery Plan, and vice versa.

2-10-6 General Provisions The following general provisions shall be applicable to implementation of this chapter following a major disaster:

2-10-6.1 Powers and Procedures Following a declaration of local emergency in a major disaster and while such declaration is in force, the Director and the Recovery Task Force shall have authority to exercise powers and procedures authorized by this chapter, subject to extension modification or replacement of all or portions of these provisions by separate ordinances adopted by the Board of Supervisors and affected City Councils.

2-10-6.2 Post-Disaster Operations The Director shall direct and control post-disaster recovery and reconstruction operations, including but not limited to the following:

a. Activate and deploy damage assessment teams to identify damaged

structures and to determine further actions that should be taken regarding such structures;

b. Activate and deploy hazards evaluation teams to locate and determine the

severity of natural or technological hazards, which may influence the location, timing and procedures for repair and rebuilding, processes;

c. Maintain liaison with the Linn County Emergency Operations Center (EOC)

and other public and private entities, such as, the American Red Cross, and the State Emergency Management Division in providing necessary information on damaged and destroyed buildings or infrastructure, natural and technological hazards, street and utility restoration priorities, temporary housing needs and similar recovery concerns;

d. Establish “one-stop” field offices located in or near impacted areas, staffed

by trained personnel from appropriate departments, to provide information about repair and rebuilding procedures, issue repair and reconstruction permits, and provide information and support services on such matters as business resumption, industrial recovery, and temporary and permanent housing;

e. Activate streamlined procedures to expedite repair and rebuilding of

properties damaged or destroyed in the disaster;

f. Recommend to the Board of Supervisors and the affected City Councils and

other appropriate entities necessary actions for reconstruction of damaged infrastructure; Prepare plans and proposals for action by the Board of Supervisors and affected City Councils for redevelopment projects, redesign of previously established projects or other appropriate special measures addressing reconstruction of heavily damaged areas;

g. Formulate proposals for action by the Board of Supervisors and affected City

Councils to amend the Linn County Multi-Hazard Emergency Operations Plan and other relevant pre-disaster plans, programs and regulations in response to new needs generated by the disaster;

h. Such other recovery and reconstruction activities identified in the Recovery Plan or by this chapter, or as deemed by the Director as necessary to public health, safety and well-being.

2-10-6.3 Coordination with FEMA and Other Agencies The Director and Recovery Task Force shall coordinate recovery and reconstruction actions with those of state, federal or mutual aid agencies involved in disaster response and recover, including but not limited to the Federal Emergency Management Agency (FEMA), the American Red Cross, the Department of Housing and Urban Development (HUD), the Small Business Administration (SBA), the State Emergency Management Division and other entities which provide assistance in the event of a major disaster. Intergovernmental coordination tasks including but not limited to the following:

a. Assign trained personnel to provide information and logistical support to the

FEMA Disaster Field Office Supply personnel to provide information support for FEMA Disaster Assistance Centers (DACs);

b. Participate in damage assessment surveys conducted in cooperation with

FEMA and other entities; Participate in the Multi-Agency Hazard Mitigation Team with FEMA and other entities;

c. Cooperate in the joint establishment with other agencies of one-stop service

centers for issuance of repair and reconstruction permits, business resumption support, counseling regarding temporary and permanent housing, and other information regarding support services available from various governmental and private entities;

d. Coordinate within city government the preparation and submittal of Disaster

Survey Reports (DSRS) to FEMA; Determine whether damaged structures and units are within floodplains identified on Flood Insurance Rate Map (FIRM) maps and whether substantial damage has occurred;

e. Implement such other coordination tasks as may be required under the specific

circumstances of the disaster.

2-10-6.4 Consultation with Citizens The Director and the Recovery Task Force shall

schedule and conduct community meetings, convene ad hoc advisory committees comprised of representatives of business and community organizations, or implement such other means as to provide information and receive input from members of the public regarding measures undertaken under the authority of this chapter.

2-10-7 Temporary Regulations The Director shall have the authority to administer the provisions of this section temporarily modifying provisions of the County and Municipal Codes dealing with building and occupancy permits, demolition permits, and restrictions on the use, development or occupancy of private property, provided that such action, in the opinion of the director, is reasonably justifiable for protection of life and property, mitigation of hazardous conditions, avoidance of undue displacement of households or businesses, or prompt restoration of public infrastructure.

2-10-7-1 Duration The provisions of this section shall be in effect for a period of six

months from the date of a local emergency declaration following a major disaster or until termination of a state of local emergency, whichever occurs later, or until these provisions are extended, modified, replaced by new provisions, or terminated, in whole or in part, by action of the board of Supervisors and affected City Councils through separate ordinances.

2-10-7.2 Damage Assessment The Director shall direct damage assessment teams

having authority to conduct field surveys of damaged structures and post placards designating the condition of such structures as follows:

a. Inspected—Lawful Occupancy Permitted (GREEN TAG). Is to be posted on any

building in which no apparent structural hazard has been found. This does not mean there are not other forms of damage, which may temporarily affect occupancy.

b. Restricted (YELLOW TAG). Use is to be posted on any building in which

damage has resulted in some form of restriction to continued occupancy. The individual posting this placard shall note in general terms the type of damage encountered and shall clearly and concisely note the restrictions on continued occupancy.

c. Unsafe—Do Not Enter or Occupy (RED TAG). Is to be posted on any

building that has been damaged to the extent that continue occupancy poses a threat to life safety. Buildings posted with this placard shall not be entered under any circumstances except as authorized in writing by the department that posted the building or by authorized members of damage assessment teams. The individual posting this placard shall note in general terms the type of damage encountered. This placard is not to be considered a demolition order.

d. This chapter and section number, the name of the department, its address,

and phone number shall be permanently affixed to each placard.

e. Once a placard has been attached to a building, it shall not be removed,

altered or covered until done so by an authorized representative of the department or upon written notification from the department. Failure to comply with this prohibition will be considered a misdemeanor punishable by a $500 fine.

2-10-7.3 Development Moratorium The Director shall have the authority to establish a moratorium on the issuance of building permits, approval of land use applications or other permits and entitlements related to the use, development and occupancy of private property authorized under other chapters and sections of the County and Municipal Codes and related ordinances, provided that, in the opinion of the Director, such action is reasonably justifiable for protection of life and property and subject to the following:

a. Posting—Notice of the moratorium shall be posted in a public place and shall clearly identify the boundaries of the area in which a moratorium is in effect as well as the exact nature of the development permits or entitlements which are temporarily held in abeyance;

b. Duration—The moratorium shall be in effect subject to review by the Board

of Supervisors and the affected City Councils at the earliest possible time, but no later than90 days, at which time the council shall take action to extend, modify or terminate such moratorium by separate ordinance.

2-10-7.4 Debris Clearance The Director shall have the authority to remove

from public rights-of-way debris and rubble, trees, damaged or destroyed cars, trailers, equipment, and other private property, without notice to owners, provided that in the opinion of the Director such action is reasonably justifiable for protection of life and property, provision of emergency evacuation, assurance of firefighting or ambulance access, mitigation of otherwise hazardous conditions, or restoration of public infrastructure.

2-10-7.5 One-Stop Center for Permit Expediting The Director shall establish a one-stop center, staffed by representatives of pertinent departments, for the purpose of establishing and implementing streamlined permit processing to expedite repair and reconstruction of buildings, and to provide information support for provision of temporary housing and encouragement of business resumption and industrial recovery. The Director shall establish such center and procedures in coordination with other governmental entities, which may provide services and support, such FEMA, SBA, HUD, or the State Emergency Management Division.

2-10-7.6 Temporary Use Permits The Director shall have the authority to issue permits in any zone for the temporary use of property, which will aid in the immediate restoration of an area adversely impacted by a major disaster, subject to the following provisions:

a. Critical Response Facilities. Any police, fire, emergency medical or emergency communications facility which will aid in the immediate restoration of the area may be permitted in any zone for the duration of the declared emergency;

b. Other Temporary Uses. Temporary use permits may be issued in any zone, with conditions, as necessary, provided written findings are made establishing a factual basis that the proposed temporary use:

1) will not be detrimental to the immediate neighborhood;

2) will not adversely affect the Comprehensive General Plan or

any applicable specific plan; and

3) will contribute in a positive fashion to the reconstruction and

recovery of areas adversely impacted by the disaster. Temporary use permits may be issued for a period of one year following the declaration of local emergency and may be extended for an additional year, to a maximum of two years from the declaration of emergency, provided such findings are determined to be still applicable by the end of the first year. If, during the first or the second year, substantial evidence contradicting one or more of the required findings comes to the attention of the Director, then the temporary use permit shall be revoked.

2-10-7.7 Temporary Repair Permits Following a disaster, temporary emergency

repairs to secure structures and property damaged in the disaster against further damage or to protect adjoining structures or property may be made without fee or permit where such repairs are not already exempt under other chapters of the County and Municipal Codes. The building official must be notified of such repairs within ten working days, and regular permits with fees may then be required.

2-10-7.8 Deferral of Fees for Reconstruction Permits Except for temporary

repairs issued under provisions of this chapter, all other repairs, restoration and reconstruction of buildings damaged or destroyed in the disaster shall be approved through permit under the provisions of other chapters of this Code. Fees for such repair and reconstruction permits may be deferred until issuance of certificates of occupancy.

2-10-7.9 Nonconforming Buildings and Uses Buildings damaged or destroyed in

the disaster which are legally nonconforming as to use, yards, height, number of stories, lot area, floor area, residential density, parking or other provisions of the Municipal Code may be repaired and reconstructed in-kind, provided that:

a. the building is damaged in such a manner that the structural strength or

stability of the building is appreciably lessened by the disaster and is less than the minimum requirements of the County and Municipal Codes for a new building;

b. the cost of repair would exceed 50 percent of the replacement cost of the

building;

c. all structural, plumbing, electrical and related requirements of the County

and Municipal Codes are met at current standards;

d. all natural hazard mitigation requirements of the Municipal Code are met;

e. reestablishment of the use or building is in conformance with the national

Flood Insurance Rate Map requirements and procedures;

f. the building is reconstructed to the same configuration, floor area, height,

and occupancy as the original building or structure;

g. no portion of the building or structure encroaches into an area planned for

widening or extension of existing or future streets as determined by the comprehensive general plan or applicable specific plan;

h. repair or reconstruction shall continence within two years of the date of the

declaration of local emergency in a major disaster and shall be completed within two years of the date on which permits are issued.

i. Nothing herein shall be interpreted as authorizing the continuation of a

nonconforming use beyond the time limits set forth under other sections of the Municipal Code that were applicable to the site prior to the disaster.

2-10-8 Demolition of Damaged Historic Buildings The Director shall have authority to order the condemnation and demolition of buildings and structures damaged in the disaster under the standard provisions of the Municipal Code, except as otherwise indicated below:

2-10-8.1 Condemnation and Demolition Within required days after the disaster,

the building official, the building or structure shall notify the State Historic Preservation Officer that one of the following actions will be taken with respect to any building or structure determined by the building official to represent an imminent hazard to public health and safety, or to pose an imminent threat to the public right of way:

a. Where possible, within reasonable limits as determined by the building

official, the building or structure shall be braced or shored in such a manner as to mitigate the hazard to public health and safety or the hazard to the public right of way;

b. Whenever bracing or shoring is determined not to be reasonable, the building

official shall cause the building or structure to be condemned and immediately demolished. Such condemnation and demolition shall be performed in the interest of public health and safety without a condemnation hearing as otherwise required by the County or Municipal Codes. Prior to commencing demolition, the building official shall photographically record the entire building or structure.

2-10-8.2 Notice of Condemnation If, after the specified time frame noted in

Subsection 2-10-8.1 of this chapter and less than 30 days after the disaster, a historic building or structure is determined by the building official to represent a hazard to the health and safety of the public or to pose a threat to the public right of way, the building official shall duly notify the building owner of the intent to proceed with a condemnation hearing within business days of the notice in accordance with County Code, Section ___ and the Municipal Code; the building official shall also notify FEMA, in accordance with the National Historic Preservation Act of 1966, as amended, of the intent to hold a condemnation hearing.

2-10-8.3 Request to FEMA to Demolish Within 30 days after the disaster, for any

historic building or structure, which the building official and the owner have agreed to demolish, the building official shall submit to FEMA, in accordance with the National Historic Preservation Act of 1966, as amended a request to demolish. Such request shall include all substantiating data.

2-10-8.4 Historic Building Demolition Review If after 30 days from the event, the

building official and the owner of a historic building or structure agree that the building or structure should be demolished, such action will be subject to the review process established by the National Historic Preservation Act of 1966, as amended.

2-10-9 Temporary and Permanent Housing The Director shall assign staff to work with FEMA, SBA, HUD, the State Emergency Management Division and other appropriate governmental and private entities to identify special programs by which provisions can be made for temporary or permanent replacement housing which will help avoid undue displacement of people and businesses. Such programs may include deployment of mobile homes and mobile home parks under the temporary use permit procedures provided in Section 7 of this chapter, use of SBA loans and available Section 8 and Community Development Block Grant funds to offset repair and replacement housing costs, and other initiatives appropriate to the conditions found after a major disaster.

2-10-10 Hazard Mitigation Program Prior to a major disaster, the Director shall establish a comprehensive hazard mitigation program, which includes both long-term and short-term components:

2-10-10.1 Safety Element The long-term component shall be prepared and adopted

by resolution of the Board of Supervisors and the respective City Councils as the safety element of the County and City Comprehensive General Plan, for the purpose of enhancing long-term safety against future disasters. The safety element shall identify and map the presence, location, extent and severity of natural hazards, such as:

a. severe flooding;

b. wild land and urban fires;

c. seismic hazards such as ground shaking and deformation, fault rupture, liquefaction, and dam failure;

d. slope instability, mudslides, landslides and subsidence;

e. tornadoes and other high winds;

f. technological hazards, such as oil spills, natural gas leakage and fires, hazardous and toxic materials contamination, nuclear power plant and radiological accidents, and industrial accidents;

g. civil incidents such as riots, terrorist actions, and crowd control issues.

h. The safety element shall determine and assess the community’s vulnerability to such known hazards and shall propose measures to be taken both before and after a major disaster to mitigate such hazards.

2-10-10.2 Short-Term Action Program A short-term hazard mitigation program

shall be included in the Recovery Plan. It shall be comprised of hazard mitigation program elements of highest priority for action, including preparation and adoption of separate ordinances dealing with specific hazard mitigation and abatement measures, as necessary. Such ordinances may require special site planning, land use and development restrictions or structural measures in areas affected by flooding, urban/wild land fire, wind, seismic or other natural hazards, or remediation of known technological hazards such as toxic contamination.

2-10-10.3 Post-Disaster Actions Following a major disaster, the Director shall

participate in the Multi-Agency Hazard Mitigation Team with FEMA and other entities, as called for in Section 409 of the Stafford Act and related federal regulations. As appropriate, the Director may recommend to the Board of Supervisors and the affected City Councils that the County and affected Cities participate in the Hazard Mitigation Grant Program, authorized in Section 404 of the Stafford Act in order to partially offset costs of recommended hazard mitigation measures.

2-10-10.4 New Information As new information is obtained regarding the

presence, location, extent, location, and severity of natural or technological hazards, or regarding new mitigation techniques, such information shall be made available to the public, and shall be incorporated as soon as practicably possible within the Linn County Multi-Hazard Emergency Operations Plan safety element and the Recover Plan through amendment.

2-10-11 Recovery and Reconstruction Strategy At the earliest practicable time following the declaration of local emergency in a major disaster, the Director and the Recovery Task Force shall prepare a strategic program for recovery and reconstruction.

2-10-11.1 Functions To be known as the Recovery Strategy, the proposed strategic

program shall identify and prioritize major actions contemplated or under way regarding such essential functions as business resumption, economic reinvestment, industrial recovery, housing replacement, infrastructure restoration, and potential sources of financing to support these functions.

2-10-11.2 Review The Recovery Strategy shall be forwarded to the City Council

for review and approval following consultation with FEMA, other governmental agencies, and business and citizen representatives. The Recovery Strategy shall provide detailed information regarding proposed and ongoing implementation of initiatives necessary to the expeditious fulfillment of critical priorities and will identify amendment of any other plans, codes or ordinances that might otherwise contradict or otherwise block strategic action. The Director shall periodically report to the Board of Supervisors and the affected City Councils regarding progress toward implementation of the Recovery Strategy, together with any adjustments which may be called for by changing circumstances and conditions.

2-10-12. Severability. If any provision of this chapter is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions, which can be implemented without the invalid provision, and, to this end, the provisions of this chapter are declared to be severable.

TITLE III COMMUNITY PROTECTION

CHAPTER 1 OFFENSES

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

3‑3‑2 DEFINITIONS. See Chapter 1 of Title I.

3-3-3 POLICE OFFICERS’ AUTHORITY. Any police officer is authorized to stop any vehicle to require exhibition of the driver’s operator or chauffeur’s license, to serve a summons or memorandum of traffic violation, to inspect the condition of the vehicle, to inspect the vehicle with reference to size, weight, cargo, bills of lading or other manifest of employment, tires and safety equipment, or to inspect the registration certificate, the compensation certificate, travel order, or permit of such vehicle.

3‑3‑4 TRAFFIC ACCIDENT REPORTS. The driver of a vehicle involved in an accident within the limits of this City shall file a report as and when required by the Iowa Department of Public Safety. A copy of this report shall be filed with the Chief of Police. All such reports shall be for the confidential use of the police department and shall be subject to the provisions of Section 321.271 of the Code of Iowa.

The City shall maintain a suitable system of filing traffic accident reports.

3‑3‑5 POLICE DEPARTMENT TO SUBMIT ANNUAL REPORTS. The Police Chief shall prepare annually a traffic report which shall be filed with the Mayor. Such report shall contain information on traffic matters in this City concerning the number of traffic accidents, the number of persons killed or injured, the number and nature of violations, and other pertinent traffic data including the plans and recommendations for future traffic safety activities.

ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS

3‑3‑6 AUTHORITY OF POLICE AND FIRE DEPARTMENT OFFICIALS. Provisions of this chapter and the Iowa law relating to motor vehicles and law of the road shall be enforced by the officers of the police department. The officers of the police department are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws. In the event of a fire or other emergency, officers of the police department may direct traffic as conditions require notwithstanding the provisions of the traffic laws. Officers of the fire department may direct or assist the police in directing traffic thereat or in the immediate vicinity.

3‑3‑7 REQUIRED OBEDIENCE TO PROVISIONS OF THIS CHAPTER AND STATE LAW. Any person who shall willfully fail or refuse to comply with any lawful order of a police officer or direction of a fire department officer during a fire, or who fails to abide by the provisions of this chapter and the applicable provisions of the following Iowa statutes relating to motor vehicles and the law of the road is in violation of this chapter. These sections of the Code are adopted by reference:

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

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

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

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

5. 321.275 ‑‑ operation of motorcycles.

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

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

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

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

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

11. 321.341 through 321.344 ‑‑ railroad crossings.

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

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

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

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

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

17. 321.381 -- unsafe vehicles.

18. 321.382 and 321.383 -- minimum speeds.

19. 321.372 -- school buses.

TRAFFIC CONTROL DEVICES

3‑3‑8 AUTHORITY TO INSTALL TRAFFIC‑CONTROL DEVICES. The Mayor shall cause to be placed and maintained traffic‑control devices when and as required under this chapter or other Ordinances of this City to make effective their provisions, and may so cause to be placed and maintained such additional, emergency, or temporary traffic‑control devices for the duration of an emergency or temporary condition as traffic conditions may require, to regulate traffic under the traffic Ordinances of this City or under State law or to guide or warn traffic.

The city shall keep a record of all traffic‑control devices maintained by the department.

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

3‑3‑9 MAYOR TO DESIGNATE CROSSWALKS, ESTABLISH, AND MARK TRAFFIC LANES. The Mayor is hereby authorized:

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

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

3‑3‑10 PLAY STREETS. The city council has the authority to declare any street or part thereof a play street and to place appropriate signs or devices in the roadway indicating and helping to protect the same.

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

SPEED REGULATIONS

3‑3‑11 CHANGING STATE SPEED LIMITS IN CERTAIN ZONES. It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by State law upon the following streets or portions thereof is greater or less than is necessary for the safe operation of vehicles thereon, and it is declared that the maximum speed limit upon these streets or portions thereof described shall be as follows:

1. Special 25 MPH Speed Zones. A speed in excess of twenty-five (25) miles per hour shall be unlawful on any of the following designated streets or parts thereof:

a. Vavra Drive from State Street to the northwest end of Vavra Drive.

b. Poplar Street from Dows Street to the south end of Poplar Street.

c. Broadview Court from Dows Street to Dows Street.

d. Fuhrmeister Street from Main Street to State Street.

e. Rowley Street from Main Street to State Street.

f. Main Street from Fuhrmeister Street to Banner Valley Road.

g. Walker Street from Fuhrmeister Street to Rowley Street.

h. Hillcrest Street from Dows Street to the end of Hillcrest Street.

i. Highland Road from Hillcrest Street to the end of Highland Road.

j. Banner Valley Road from Main Street to the corporate limits.

k. Vista Road from State Street to the west corporate limits.

l. Dows Street from Main Street to Jappa Road.

2. Special 35 MPH Zones. A speed in excess of thirty-five miles per hour shall be unlawful on any of the following designated street or parts thereof:

a. Jappa Road from Dows Street to the north corporate limits.

b. State Street from the south corporate limits to a point 1,500 feet south of the north corporate limits.

3. Special 45 MPH Speed Zones. A speed in excess of forty-five (45) miles per hour shall be unlawful on any of the following designated streets or parts thereof:

a. State Street from a point 1,000 feet south of the north corporate limits to a point 1,500 feet south of the north corporate limits.

4. 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 in this chapter, is unlawful.

TURNING MOVEMENTS

3‑3‑12 TURNING MARKERS, BUTTONS AND SIGNS. The Mayor may cause markers, buttons, or signs to be placed within or adjacent to intersections, and thereby require and direct, as traffic conditions require, that a different course from that specified by the State law be traveled by vehicles turning at intersections, and when markers, buttons, or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by the markers, buttons, or signs, including right‑hand turns at intersections with automatic traffic signals.

3‑3‑13 AUTHORITY TO PLACE RESTRICTED TURN SIGNS. The Mayor is authorized to determine those intersections, as traffic conditions require, at which the drivers of vehicles shall not make a right or left turn. The making of turns may be prohibited between certain hours of any day, in which event the same shall be plainly indicated on signs.

3‑3‑14 OBEDIENCE TO NO‑TURN SIGNS. Whenever authorized signs are erected indicating that no right or left turn is permitted, no driver of a vehicle shall disobey the directions of any such signs.

3‑3‑15 "U" TURNS. It shall be unlawful for a driver to make a "U" turn.

ONE‑WAY STREETS AND ALLEYS

3‑3‑16 AUTHORITY TO DESIGNATE ONE‑WAY STREETS AND ALLEYS. Whenever any traffic Code of this City designates any one‑way street or alley the Mayor shall cause to be placed and maintained signs giving notice thereof and the regulation shall not be effective unless the signs are in place. Signs indicating the direction of traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. It shall be unlawful for any person to operate any vehicle in violation of markings, signs, barriers or other devices placed in accordance with this section.

3‑3‑17 ONE‑WAY STREETS AND ALLEYS. Upon the following streets and alleys vehicular traffic shall move only in the indicated direction:

1. The alleys located between Dows and Traer Streets shall be one-way, with traffic entering Dows Street and exiting on Traer Street (Ordinance No. 110).

2. The alleys located between Dows and Rowley Streets shall be one-way, with traffic entering from Dows Street and exiting on Rowley Street (Ordinance No. 110).

SPECIAL STOPS REQUIRED

3-3-18 THROUGH STREETS. Every driver of a vehicle shall stop, unless a yield is permitted by this chapter, before entering an intersection with the following designated through streets:

1. State Street from Fuhrmeister Street to Rowley Street.

2. Dows Street from State Street to the Rogers Creek Road (Ord. No. 157 Adopted 12/22/1998

3. Banner Valley Road from Westerly beginning of Street to East City Limits (Ord. No. 158 Adopted 11/12/01)

3-3-19 OTHER STOPS REQUIRED. Every driver of a vehicle shall stop in accordance with the following:

1. Vehicles traveling east on Rowley Street shall stop at Main Street.

2. Vehicles traveling south on Walker Street shall stop at Rowley Street.

3. Vehicles traveling north on Walker Street shall stop at Fuhrmeister Street.

4. Vehicles traveling south on Walker Street shall stop at Traer Street.

5. Vehicles traveling north on Walker Street shall stop at Traer Street

6. Vehicles traveling east on Traer Street shall stop at Main Street.

7. Vehicles traveling east on Dows Street shall stop at Main Street

8. Vehicles traveling west on Dows Street shall stop at Main Street.

9. Vehicles traveling west on Dows Street shall stop at Jappa Road.

10. Vehicles traveling east on Dows Street shall stop at Jappa Road.

11. Vehicles traveling north on Dows Street shall stop at Rogers Creek Road.

12. Vehicles traveling west on Rogers Creek Road shall stop at Jappa Road.

(Items 9-12 adopted 12/22/1998 – Ordinance No. 157)

13. Vehicles traveling East & West on Banner Valley Road shall stop at Pacific Street. (Ord. No. 158)

14. Vehicles traveling South and North on Main Street shall stop at Rowley Street. (Ord. No. 158)

3‑3‑20 AUTHORITY TO ERECT STOP SIGNS. Whenever any Ordinance of this City designates and describes a through highway it shall be the duty of the Mayor to cause to be placed and maintained a stop sign on each and every street intersecting through highway except as modified in the case of intersecting through highways.

3‑3‑21 STOPS AT INTERSECTING THROUGH HIGHWAYS AND OTHER INTERSECTIONS. At the intersections of through highways and at intersections upon streets other than through highways, where, because of heavy cross‑traffic or other traffic conditions, particular hazard exists, the Mayor is hereby authorized to determine whether vehicles shall stop or yield at one or more entrances to the intersection and shall present recommendations to the Council, and, upon approval of the Council, shall erect an appropriate sign at every place where a stop or yield is required.

3‑3‑22 STOP WHEN TRAFFIC IS OBSTRUCTED. Notwithstanding any traffic‑control signal indication to proceed, no driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle.

3‑3‑23 SCHOOL STOPS. When a vehicle approaches an authorized school stop, the driver shall bring the vehicle to a full stop at a point ten feet from the approach side of the crosswalk marked by an authorized school stop sign, and thereafter proceed in a careful and prudent manner until the driver shall have passed such school site.

PEDESTRIANS' RIGHTS AND DUTIES

3‑3‑24 PROHIBITED CROSSING. Pedestrians crossing a street in the business district shall cross in the crosswalks only.

3‑3‑25 PEDESTRIANS ON LEFT. Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. Where sidewalks are not provided pedestrians at all times when walking on or along a roadway, shall walk on the left side of the roadway.

METHOD OF PARKING

3‑3‑26 STANDING OR PARKING CLOSE TO CURB. No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the right‑hand wheels of the vehicle within eighteen inches of the curb or edge of the roadway except as provided in the case of angle parking and vehicles parked on the left‑hand side of one‑way streets.

3‑3‑27 STANDING OR PARKING ON THE LEFT‑HAND SIDE OF ONE‑WAY STREETS. No person shall stand or park a vehicle on the left‑hand side of a one‑way street other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the left‑hand wheels of the vehicle within eighteen inches of the curb or edge of the roadway except as provided in the case of angle parking.

3‑3‑28 ANGLE PARKING. Angle or diagonal parking shall be permitted only in the following locations:

1. Dows Street, on both sides from Walker Street to Main Street.

3‑3‑29 OBEDIENCE TO ANGLE PARKING SIGNS OR MARKINGS. Upon those streets or portions of streets that have been signed or marked for angle parking, no person shall park or stand a vehicle other than at an angle to the curb or edge of the roadway or in the center of the roadway as indicated by the signs and markings.

STOPPING, STANDING, OR PARKING PROHIBITED IN SPECIFIED PLACES

3‑3‑30 STOPPING, STANDING, OR PARKING PROHIBITED IN SPECIFIED PLACES. No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic‑control device, in any of the following places:

1. On a sidewalk.

2. In front of a public or private driveway.

3. Within an intersection.

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

5. On a crosswalk.

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

7. Within fifty (50) feet of the nearest rail of a railroad crossing, except when parked parallel with such rail and not exhibiting a red light.

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

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

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

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

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

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

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

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

16. Upon the parking or terrace, designated as that area between the curb line and the sidewalk line, where curbing has been installed.

3-3-31 PARKING FOR DISABLED PERSONS. Section 321L.5 of the Code of Iowa is hereby adopted by reference.

3‑3‑32 AUTHORITY TO PAINT CURBS AND ERECT SIGNS PROHIBITING STANDING OR PARKING. When, because of restricted visibility or when standing or parked vehicles constitute a hazard to moving traffic, or when other traffic conditions require, the city council may cause curbings to be painted with a yellow or orange color and erect "no parking" or "standing" signs. It shall be unlawful for the operator of any vehicle to stand or park a vehicle in an area so painted or sign‑posted. It shall be unlawful for any person, other than authorized persons, who after having first secured the permission of the city council, to paint any curbing, sidewalk or street with yellow or orange colored paint or to erect "no parking" signs.

3‑3‑33 AUTHORITY TO IMPOUND VEHICLES. Members of the police department are authorized to remove, or cause to be removed, a vehicle from a street, public alley, or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the police department, or otherwise maintained by the City, under the following circumstances:

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

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

3. When any vehicle is left parked upon a street for a continuous period of forty‑eight or seventy-two hours or more. A diligent effort shall first be made to locate the owner. If the owner is found, the owner shall be given the opportunity to remove the vehicle.

4. When any vehicle is parked over twenty-four (24) hours in violation of a ban on parking during a snow emergency as proclaimed by the Mayor. or during snow removal operations.

(City of Ely, Ordinance No. 147)

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

STOPPING, STANDING OR PARKING

3-3-34 PARKING SIGNS REQUIRED. Whenever by this or any other chapter of this City Code any parking time limit is imposed or parking is prohibited on designated streets or portions of streets it shall be the duty of the city to erect appropriate signs giving notice thereof and the regulations shall not be effective unless signs are erected and in place at the time of any alleged offense. When signs are erected giving notice thereof, no person shall disobey the restrictions stated on such signs.

1. Parking shall be limited to 15 minutes for the first two legal parking spaces easterly of alley

way entrance between Main and Walker Street on the North side of 1600 bock of Dows Street.

(Ordinance No. 164 Adopted 3/6/2000)

3-3-35 NO PARKING ZONES. No one shall stop, stand or park a vehicle in any of the

following specifically designated no parking zones except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic control signal:

1. Broadview Court, inside of curve, from Dows Street to Dows Street.

2. Alleys between Rowley Street and Fuhrmeister Street.

3. The east side of Hillcrest Street.

4. The south side of Highland Road.

3‑3‑36 PARKING DURING SNOW EMERGENCY. No person shall park, abandon, or leave unattended any vehicle on any public street, alley, or City‑owned off‑street parking area during any snow emergency proclaimed by the Mayor unless the snow has been removed or plowed from said street, alley or parking area and the snow has ceased to fall. A snow emergency parking ban shall continue from its proclamation through the duration of the snow or ice storm and the forty‑eight hour period after cessation of the storm except as above provided upon streets which have been fully opened.

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

3-3-37 ALL NIGHT PARKING PROHIBITED. No person, except physicians or other persons on

emergency calls, shall park a vehicle on any street marked to prohibit all night parking and giving notice thereof between the hours of 2:00 a.m. and 7:00 a.m. (Ord. No. 166 Adopted 12/26/2000)

3-3-38 TRUCK PARKING LIMITED. No person shall park a motor truck semi-trailer, or other

motor vehicle with trailer attached in violation of the following regulations. Excepting only when such vehicles are actually engaged in the delivery or receiving of merchandise or cargo within the prohibited area, no person shall park, leave unattended or leave motor running for extended period of time, such vehicle, on any of the following designated streets:

1. Dows Street from Main Street to State Street.

2. Within 500 feet of any residential district or private residence.

When actually receiving or delivering merchandise or cargo such vehicle shall be stopped or parked in a manner which will not interfere with other traffic. The provisions of this section shall not apply to pick-up, light delivery, or panel delivery trucks. (Ord. No. 166 Adopted 12/26/2000)

MISCELLANEOUS DRIVING RULES

3‑3‑39 VEHICLES NOT TO BE DRIVEN ON SIDEWALKS. The driver of a vehicle shall not drive upon or within any sidewalk area.

3‑3‑40 CLINGING TO VEHICLES. No person shall drive a motor vehicle on the streets of this City unless all passengers of the vehicle are inside the vehicle in the place intended for their accommodation. No person shall ride on the running board of a motor vehicle or in any other place not customarily used for carrying passengers. No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.

3‑3‑41 PARKING FOR CERTAIN PURPOSES PROHIBITED. No person shall park a vehicle upon the roadway for the principal purpose of:

1. Displaying such vehicle for sale.

2. Displaying advertising.

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

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

3‑3‑42 DRIVING THROUGH FUNERAL OR OTHER PROCESSION. No driver of any vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when the vehicles are conspicuously designated as required in this chapter. This provision shall not apply at intersections where traffic is controlled by traffic‑control signals or police officers.

3‑3‑43 DRIVERS IN A PROCESSION. Each driver in a funeral or other procession shall drive as near to the right‑hand edge of the roadway as practical and shall follow the vehicle ahead as closely as is practical and safe.

3‑3‑44 FUNERAL PROCESSIONS TO BE IDENTIFIED. A funeral procession composed of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the police department.

3‑3‑45 LOAD AND WEIGHT RESTRICTIONS.

1. Temporary Embargo. If the council declares an embargo when it appears by reason of deterioration, rain, snow, or other climatic conditions that certain streets will be seriously damaged or destroyed by vehicles weighing in excess of an amount specified by the signs, no such vehicles shall be operated on streets so designated by such signs.

2. Permits for Excess Size and Weight. The Mayor may, upon application in writing and good cause being shown therefore, issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight or load exceeding the maximum specified by state law or city ordinance over those streets named in the permit which are under the jurisdiction of the city and for which the city is responsible for maintenance.

3. When signs are erected giving notice thereof, no person shall operate any vehicle with a gross weight in excess of the amounts specified on the signs at any time upon any of the following streets or parts of streets:

a. Rowley Street Extension from State Street to the west corporate limits - 5 tons.

4. Load Limits on Bridges. Where it has been determined that any city bridge has a capacity less than the maximum permitted on the streets of the city, or on the street serving the bridge, the Mayor may cause to be posted and maintained signs on said bridge and at suitable distances ahead of the entrances thereof to warn drivers of such maximum load limits, and no person shall drive a vehicle weighing, loaded or unloaded, upon said bridge in excess of such posted limit.

3‑3‑46 TRUCK ROUTES.

1. Every motor vehicle weighing five tons or more, when loaded or empty, having no fixed terminal within the City or making no scheduled or definite stops within the City for the purpose of loading or unloading, shall travel over or upon the following streets within the City and none other:

a. None.

2. Any motor vehicle weighing five tons or more, when loaded or empty, having a fixed terminal, making a scheduled or definite stop within the City for the purpose of loading or unloading, shall proceed over or upon the designated routes set out in this section to the nearest point of its scheduled or definite stop and shall proceed thereto, load or unload and return, by the most direct route to its point of departure from the designated route.

3. 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.

3-3-47 TAMPERING WITH VEHICLE. No person shall either individually, or in association with one or more other persons, willfully injure or tamper with any vehicle or break or remove any part or parts of or from a vehicle without the consent of the owner.

BICYCLE REGULATIONS

3‑3‑48 TRAFFIC CODE APPLIES TO PERSONS RIDING BICYCLES. Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to drivers of vehicles by the laws of this State regarding rules of the road applicable to vehicles or by the traffic Ordinances of this City applicable to drivers of vehicles, except as to those provisions which by their nature can have no application. Whenever a person dismounts from a bicycle such person shall be subject to all regulations applicable to pedestrians.

3‑3‑49 RIDING ON BICYCLES. A person propelling a bicycle shall not ride other than astride a permanent and regular seat.

No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

3‑3‑50 RIDING ON ROADWAYS AND BICYCLE PATHS. Every person operating a bicycle upon a roadway shall ride as near to the right‑hand side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.

3‑3‑51 SPEED. No person shall operate a bicycle at a speed greater than is reasonable and prudent under existing conditions.

3‑3‑52 EMERGING FROM ALLEY OR DRIVEWAY. The operators of a bicycle emerging from an alley, driveway, or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right of way to all pedestrians approaching on the sidewalk or sidewalk area, and upon entering the roadway shall yield the right of way to all vehicles approaching on said roadway.

3‑3‑53 CARRYING ARTICLES. No person operating a bicycle shall carry any package, bundle, or article which prevents the rider from keeping at least one hand upon the handle bars.

3‑3‑54 PARKING. Bicycles shall be parked upon the roadway of a street against the curb, or upon the sidewalk in a rack to support bicycles, or against a building, or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic.

3‑3‑55 RIDING ON SIDEWALKS. No person shall ride a bicycle on a sidewalk within a business district.

When signs are erected on a sidewalk or roadway prohibiting the riding of bicycles on the sidewalk or roadway, no person shall disobey such signs.

Whenever a person is riding a bicycle upon a sidewalk, the person shall yield the right of way to any pedestrian and shall give a timely audible signal before overtaking and passing a pedestrian.

3‑3‑56 LAMPS AND OTHER EQUIPMENT ON BICYCLES. Every bicycle when in use at nighttime shall be equipped with a lamp on the front that emits a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type that is visible from all distances from fifty feet to 300 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.

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

SKATEBOARDS, SCOOTERS, ROLLER SKATES, AND ROLLER BLADES

3-3-57 UNLAWFUL USE UPON DESIGNATED SIDEWALKS.

A. No person shall roller skate, roller blade or ride a skateboard or scooter upon a sidewalk located in the following areas:

1. Dows Street.

2. State Street.

B. When signs are erected on any sidewalk prohibiting roller skating, roller blading or the riding of skateboards or scooters thereon by any person, no person shall disobey the signs.

C. Whenever any person is roller skating, roller-blading, or riding a skateboard or scooter upon any sidewalk, such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing.

3-3-58 TOWING. It is unlawful for any person who is roller skating, roller blading, riding a skateboard or riding a scooter to be towed or to tow any other person upon the streets of the city.

3-3-59 FOLLOWING FIRE TRUCKS. No person who is roller skating, roller blading, riding a skateboard or riding a scooter shall follow a fire truck or other fire equipment at any time.

3-3-60 IMPROPER RIDING. No person shall roller skate, roller blade, ride a skateboard or ride a scooter in an irregular or reckless manner such as zigzagging, stunting, traveling at an excessive speed or acting in any other manner so as to disregard the safety of the operation or others.

3-3-61 UNLAWFUL USE UPON TENNIS COURTS. No person shall roller skate, roller blade or ride a skateboard or scooter upon any tennis court.

3-3-62 TEMPORARY SEIZURE OF SKATEBOARDS, SCOOTERS, ROLLER SKATES, AND/OR ROLLER BLADES. In the event a police officer has determined that an individual has violated any section of this chapter, said officer shall have the option, in lieu of issuing a citation, of temporarily seizing the skateboard, scooter, roller skates and/or roller blades being used by the individual committing the offense for a period of up to fourteen days. If the individual who is violating a section of this article has committed any previous offense of any section of this chapter within the preceding three hundred sixty-five days, the officer shall have the option to temporarily seize the skateboard, scooter, roller skates and/or roller blades for up to thirty days. At the end of the appropriate number of days, the owner of the skateboard, scooter, roller skates and/or roller blades shall be able to pick up the skateboard, scooter, roller skates and/or roller blades at the Ely City Hall. Duly sworn law enforcement officers shall have the ability to temporarily seize the skateboard, scooter, roller skates and/or roller blades being ridden by the violator even if the skateboard, scooter, roller skates and/or roller blades do not belong to the person committing the violation. If the person accused of violating a section of this article desires to contest the temporary seizure of the skateboard, scooter, roller skates and/or roller blades, that person shall file an application for hearing within five days after the skateboard, scooter, roller skates and/or roller blades were temporarily seized with the Linn County clerk of court, magistrate's division, at the Linn County Courthouse. A hearing shall then be set as soon as practical by the magistrate and shall be tried to the magistrate.

SNOWMOBILES

3‑3‑63 SNOWMOBILE DEFINITIONS.

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

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

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

3‑3‑64 PERMITTED AREAS OF OPERATION. Snowmobiles will be allowed to operate in the City as follows:

1. Snowmobiles may be operated on any of the following designated streets:

a. State Street. From northwest city limits to Fuhrmeister Street, Traer Street southeast 250 feet on west side, Rowley Street southeast to city limits.

b. Fuhrmeister Street. State Street to Main Street.

c. Main Street. Fuhrmeister Street to Rowley Street.

d. Rowley Street. State Street to Main Street.

e. Traer Street. State Street to Main Street.

f. Main Street. Rowley Street to city limits.

g. Banner Valley Road. Main Street to east city limits.

h. Dows Street. Main Street northeast to city limits.

i. Alleys. Blocks 10 and 11, Original Town of Ely.

3. Other Streets. Snowmobiles may be operated on any street within the city for the sole and exclusive purpose of using the most direct roadway for access to a designated street. No snowmobile shall be driven on a roadway solely for entertainment or pleasure.

The route established herein shall be the only permitted snowmobile route and the snowmobiles shall be operated within the roadways of said public streets and shall also be subject to the following regulations.

3‑3‑65 REGULATIONS. It shall be unlawful for any person to operate a snowmobile under the following circumstances:

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

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

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

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

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

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

7. Operate a snowmobile in the City from eleven o'clock (11:00) p.m. to seven o'clock (7:00) a.m., except for the purpose of loading and unloading a snowmobile from another vehicle or trailer, or to use the most direct route to enter or leave the city limits. (Amended by Ord. No. 162 of 8/16/1999)

8. Upon the public sidewalk or that portion of the street located between the curb line and the sidewalk or property line commonly referred to as the “parking” except for purposes of crossing the same to a public street upon which operation is authorized by this chapter.

9. While under the influence of intoxicating liquor or narcotics or habit-forming drugs.

10. Without displaying a flag with an area of not less than six by nine inches of fluorescent orange color on a staff holder to put such flag at least five feet above the surface of the street.

11. Crossing a prohibited street or highway unless:

a. The crossing is made at an angle of approximately 90 degrees to the direction of the street or highway and at a place where no obstruction prevents quick and safe crossing; and

b. The snowmobile is brought to a complete stop before crossing the shoulder or main traveling way of the street or highway; and

c. The driver yields the right-of-way to all on-coming traffic which constitutes an immediate hazard.

12. Across a public highway by a person under sixteen years of age who does not have in his possession a safety certificate issued pursuant to Chapter 321G of the Iowa Code. Any person twelve to fifteen years of age and possessing a valid safety certificate must be accompanied by and under the direct supervision of a responsible person of at least eighteen years of age who is experienced in snowmobile operation and who possesses a valid operator’s or chauffeur’s license, instruction permit, restricted license or temporary permit issued under chapter 321 of the Iowa Code or safety certificate issued under Chapter 321G of the Iowa Code.

13. The operator is under twelve years of age.

14. Operated in any tree nursery or planting in a manner which damages or destroys growing stock.

15. Operated upon a railroad right-of-way except as provided by state law.

16. With a firearm in his possession, unless it is in a carrying case, or with any bow unless it is unstrung or enclosed in a carrying case.

17. Operate for racing any moving object.

18. After having received a visual or audible signal from any police officer to come to a stop, to operate a snowmobile in a willful or wanton disregard of such signal, or interfere with or endanger the officer or any other person or vehicle, or increase his speed or attempt to flee or elude the officer.

3‑3‑66 EQUIPMENT REQUIRED. All snowmobiles operated within the City shall have the following equipment:

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

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

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

3‑3‑67 UNATTENDED VEHICLES. It is unlawful for the owner or operator to leave or allow a snowmobile to be or remain unattended on public property while the motor is running or the key left in the ignition.

3‑3‑68 RESTRICTION OF OPERATION. The City Council may, by resolution, prohibit the operation of snowmobiles within the right‑of‑way of the public roads, streets or alley or other City property within the City when the public safety and welfare so requires.

3‑3‑69 TRAFFIC REGULATION. Each person operating a snowmobile shall strictly observe all traffic signs and signals and all other traffic rules and regulations applicable thereto, and shall obey the orders and directions of any police officer of the City authorized to direct or regulate traffic.

3-3-70 NEGLIGENCE. The owner and operator of any snowmobile shall be liable for any injury or damage occasioned by the negligent operation of such snowmobile.

3-3-71 EMERGENCIES. Snowmobiles may be operated on prohibited streets or highways in an emergency during the period of time when and at locations where snow upon the roadway renders travel by conventional motor vehicles impractical.

3-3-72 ACCIDENT REPORTS. Whenever any snowmobile is involved in an accident resulting in injury or death to anyone or property damage amounting to two hundred dollars ($200) or more, either the operator or someone acting for the operator shall immediately notify the county sheriff or another law enforcement agency in the state. The operator shall file a report of the accident within forty-eight (48) hours, in accordance with state law.

PENALTIES AND PROCEDURE ON ARREST

3‑3‑73 CITATION PLACED ON ILLEGALLY PARKED VEHICLE. Whenever any motor vehicle without a driver is found parked or stopped in violation of any of the restrictions imposed by any Ordinance of this City or State law, the officer finding such vehicle shall prepare a written parking citation giving the registration number, and other identifying information to such vehicle in a conspicuous place and directing the driver of the vehicle to appear at the place designated in the citation within seven days, or to pay the local scheduled fine established by the section titled "LOCAL PARKING FINES" in this chapter at the City Clerk's office as provided therein.

3‑3‑74 PRESUMPTION IN REFERENCE TO ILLEGAL PARKING. In any prosecution charging a violation of any parking Ordinance or State law governing the standing, stopping, or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any such Ordinance or law, together with proof that the defendant named in the complaint was at the time of such parking violation the registered owner of such vehicle, shall constitute prima facie evidence that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which such violation occurred.

3-3-75 LOCAL PARKING FINES. Scheduled fines as follows are established, payable by mail

or in person at the City Clerk’s office within seven days of the violation, for the following parking violations:

1. Overtime parking $25.00

2. Prohibited parking $25.00

3. No parking zone $25.00

4. Blocking Alley $25.00

5. Illegal parking $25.00

6. Street cleaning $25.00

7. Snow removal ban $25.00

8. Handicap parking $100.00

(revised 12/26/2000 Ord. No. 166)

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

3‑3‑76 FAILURE TO PAY PARKING CITATIONS. If a violator of the restrictions on stopping, standing, or parking under the parking Ordinances of this City or of State law fails to make payment of the scheduled fine as specified on a parking citation affixed to such motor vehicle within the seven days, the City shall send the owner of the motor vehicle to which the parking citation was affixed a letter informing the owner of the violation and warning that in the event such letter is disregarded for a period of five days from date of mailing, a court citation will be issued requiring a court appearance and subjecting the violator to court costs.

TITLE III COMMUNITY PROTECTION

CHAPTER 4 DANGEROUS BUILDINGS

3‑10‑1 PURPOSE. The purpose of this chapter is to protect the health, safety, and welfare of the citizens and safety of property of this City by providing for removal of abandoned motor vehicles and the elimination of the open storage of abandoned and junk motor vehicles and machinery except in authorized places.

3‑10‑2 DEFINITIONS. For the purpose of this chapter, the following terms are defined as follows:

1. "Abandoned vehicle" means any of the following:

a. A vehicle that has been left unattended on public property for more than twenty-four hours and lacks current registration plates or two or more wheels or other parts which render the vehicle totally inoperable; or

b. A vehicle that has remained illegally on public property for more than twenty-four hours; or

c. A vehicle that has been unlawfully parked on private property or has been placed on private property without the consent of the owner or person in control of the property for more than twenty‑four hours; or

d. A vehicle that has been legally impounded by order of the Chief of Police and has not been reclaimed for a period of ten days; or

e. Any vehicle parked on the street determined by the Chief of Police to create a hazard to other vehicular traffic.

A vehicle shall not be considered abandoned for a period of five (5) days if its owner or operator is unable to move the vehicle and notifies the Chief of Police or city and requests assistance in the removal of the vehicle.

2. "Private property" means any real property within the City which is not public property as defined in this section.

3. "Public property" means any public right‑of‑way open for the purposes of vehicular travel.

4. A "junk vehicle" means any unlicensed vehicle stored within the corporate limits of the City of Ely, Iowa, and which has any one of the following characteristics:

a. Any vehicle with a broken or cracked windshield, or window or headlight or any other cracked or broken glass.

b. Any vehicle with a broken or loose fender, door or bumper or hood or door handle or window handle or steering wheel, trunk top or trunk handle or tail pipe.

c. Any vehicle which has become the habitat of rats, mice, or snakes, or any other vermin or insects.

d. Any vehicle which contains gasoline or any other flammable fuel.

e. Any motor vehicle if it lacks an engine or two or more wheels or other structural parts which render said motor vehicle totally inoperable.

f. Any other vehicle that, because of its defective or obsolete condition, in any other way constitutes a threat to the public health and safety.

5. "Vehicle" means every device in, upon, or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include without limitation a motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon, farm machinery, or any combination thereof.

3‑10‑3 REMOVAL OF ABANDONED VEHICLES.

1. The Chief of Police may, without prior notice or hearing, remove and impound any abandoned vehicle as defined in section 3‑10‑2 (1). The Chief of Police may hire other personnel, equipment, and facilities for the purpose of removing, preserving, storing, or disposing of abandoned vehicles.

2. The impoundment and storage of all vehicles pursuant to this chapter shall be in such areas or places designated by the City Council.

3. When a vehicle is taken into custody and impounded under the provisions of this chapter, the Chief of Police shall maintain a record of the vehicle, listing the color, year of manufacture, manufacturer's trade name, body style, vehicle identification number, and license plate and year displayed on the vehicle. The records shall include the date and hour of tow, location towed from, location towed to, person or firm doing the towing, reason for towing, and the name of the officer authorizing the tow.

4. Nothing in this chapter shall govern the procedures of any police officer in taking into custody and impounding any vehicle to be used or proposed to be used as evidence in a criminal case involving crimes other than violations of this chapter.

3‑10‑4 NOTIFICATION OF OWNERS AND LIENHOLDERS.

1. When a vehicle is taken into custody under the provisions of this chapter or under any provisions of State law, the Chief of Police shall notify, within three days, by certified mail with five‑days return receipt, the last known registered owner of the vehicle, all lienholders of record, and any other known claimant to the vehicle or to personal property found in the vehicle, addressed to their last known addresses of record, that the abandoned vehicle has been taken into custody. Notice shall be deemed given when mailed. The notice shall:

a. Describe the year, make, model, and serial number of the vehicle.

b. Describe the personal property found in the vehicle.

c. Describe the location of the facility where the vehicle is being held.

d. Inform the persons receiving notice:

(1) of their right to reclaim the vehicle and personal property within ten days after the effective date of the notice;

(2) that the right can be exercised upon payment of all towing, preservation, notice, and storage charges resulting from placing the vehicle in custody;

(3) that failure of the owner or lienholders to exercise their right to reclaim the vehicle within the reclaiming period shall be deemed a waiver by the owner and all lienholders of all right, title, claim, and interest in the vehicle;

(4) that failure to reclaim the vehicle is deemed consent to the sale of the vehicle at a public auction or disposal of the vehicle to a demolisher.

e. State that any person claiming rightful possession of the vehicle or personal property who disputes the planned disposition of the vehicle or personal property by the Chief of Police or the assessment of fees and charges provided by this chapter may request a hearing to contest these matters in accordance with the provisions of Section 3‑10‑6.

f. State that a request for a hearing must be in writing and received by the department prior to the expiration of the ten day reclaiming period.

g. State that in the event a hearing is requested immediate release of the vehicle may be obtained by posting a cash bond as required by Section 3‑10‑5.

2. The owner or any person receiving notice may, by written request received by the Chief of Police prior to the expiration of the ten day reclaiming period, obtain an additional fourteen days within which the vehicle may be reclaimed.

3. Notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned shall be sufficient to meet the requirements of this chapter. The published notice may contain multiple listings of abandoned vehicles but shall be published within the same time requirements and shall contain the same information as prescribed for mailed notice in this section. Published notice shall be used if:

a. the identity of the last registered owner cannot be determined, or

b. the registration contains no address for the owner, or

c. it is impossible to determine with reasonable certainty the identity and address of all lienholders.

4. If the persons receiving notice do not request a hearing or exercise their right to reclaim the vehicle or personal property within the reclaiming period, the owner of the vehicle or owners of the personal property shall no longer have any right, title, claim, or interest in or to the vehicle.

5. No court in any case in law or equity shall recognize any right, title, claim, or interest of the owner and lienholders after the ten day reclaiming period.

3‑10‑5 IMPOUNDMENT FEES AND BOND.

1. Before the owner or other person lawfully entitled to possession of any vehicle that has been impounded under the provisions of this chapter or any other provision of law may recover such vehicle, such person shall present to the Chief of Police evidence of such person's identity and right to possession of the vehicle, shall sign a receipt for its return, and shall pay the costs of:

a. an impoundment fee

b. towing charges

c. preservation charges

d. storage charges

e. notice charges

2. The amount of the charges specified in a‑e shall be set by the City Council. The notice charges shall be limited to the actual cost.

3. If a hearing is requested under Section 3‑10‑4 (1)(e), the owner or person lawfully entitled to possession of the vehicle shall be permitted to secure the immediate release of the vehicle upon posting a cash bond in an amount equal to the sum of:

a. the fees required by Section 3‑10‑5(1)

b. the amount of the fine or penalty for each violation for which there is an outstanding or otherwise unsettled traffic violation notice or warrant.

3‑10‑6 HEARING PROCEDURES.

1. The registered owner, any lienholder of record, or duly authorized agents thereof, may object to the legality of the impoundment or the assessment of fees and request a hearing thereon. No person shall be entitled to more than one hearing on each impoundment. Upon receipt of a timely objection to the impoundment, the objector shall be informed of the reason for the impoundment and a hearing shall be held, without unnecessary delay, before the City Council pursuant to 1-4-1 at seq.

3‑10‑7 AUCTION OR DISPOSAL OF ABANDONED VEHICLES. The Chief of Police shall follow the procedures in State law for the auction or disposal of abandoned vehicles.

3‑10‑8 JUNK VEHICLES DECLARED A NUISANCE. Except as hereinafter provided, it is hereby declared that the parking, leaving, or storage of a junk vehicle upon either public or private property within the corporate limits of the City of Ely, Iowa, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of Section 657.1 of the Code of Iowa. If any junk vehicle is stored upon private property or public property in violation thereof, the owner of the property shall be liable for said violation.

3‑10‑9 NOTICE TO ABATE.

1. Whenever the Chief of Police shall find a junk vehicle placed or stored on private property within the City in violation of Section 3‑10‑8, the Chief of Police shall notify, by certified mail with five days' return receipt, the following persons:

a. the owner of the property.

b. the occupant of the property.

2. The notice to abate shall:

a. describe, to the extent possible, the year, make, model, and color of the vehicle.

b. describe the location of the vehicle.

c. state that the vehicle constitutes a nuisance under the provisions of this chapter.

d. state that the owner of the property shall remove or repair the said junk vehicle within ten days.

3‑10‑10 ABATEMENT BY MUNICIPALITY. If the person notified to abate a nuisance or condition neglects or fails to abate as directed, the City may perform the required action to abate, keeping an accurate account of the expense incurred. The itemized expense account shall be filed with the City Clerk who shall pay such expenses on behalf of the municipality.

3‑10‑11 COLLECTION OF COST OF ABATEMENT. The Clerk shall mail a statement of the total expense incurred to the property owner who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within one month, the Clerk shall certify the costs to the County Treasurer and the costs shall then be collected with, and in the same manner, as general property taxes.

3‑10‑12 EXCEPTIONS. This chapter shall not apply to the following:

1. A vehicle in an enclosed building.

2. A vehicle on the premises of a business enterprise operated in a district properly zoned therefor, as authorized under the Zoning Ordinance or restricted residence district of this City, when necessary to the operation of said business enterprise.

3. A vehicle in an appropriate storage space or depository maintained in a lawful place and lawful manner by this City.

3‑10‑13 INTERFERENCE WITH ENFORCEMENT. No person shall interfere in any way with the enforcement provision of this chapter.

TITLE III COMMUNITY PROTECTION

CHAPTER 11 RESERVED

TITLE III COMMUNITY PROTECTION

CHAPTER 12 HOUSE MOVERS

3-12-1 Purpose

3-12-2 House Mover Defined

3-12-3 Permit Required

3-12-4 Application

3-12-5 Bond Required

3-12-6 Insurance Required

3-12-7 Permit Fee

3-12-8 Permit Issued

3-12-9 Public Safety

3-12-10 Time Limit

3-12-11 Removal by City

3-12-12 Protect Pavement

3-12-13 Electric Wire

-12-1 PURPOSE. The purpose of this chapter is to protect and preserve the public safety and well-being by licensing and regulating house and building movers.

3-12-2 HOUSE MOVER DEFINED. A “house mover” shall mean any person who undertakes to move a building or similar structure upon, over or across the public streets, alleys, walks or property using skids, jacks, dollies or any method other than upon a properly licensed motor vehicle.

3-12-3 PERMIT REQUIRED. It shall be 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.

3-12-4 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 mayor and public utility officials. The route shall be the shortest route compatible with the greatest public convenience and safety.

3-12-5 BOND REQUIRED. The applicant shall post with the clerk a penal bond in the sum of one thousand dollars ($1,000) issued by a surety company authorized to issue such bonds in the State of Iowa. The bond shall guarantee the permitee’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.

3-12-6 INSURANCE REQUIRED. Each applicant shall also have filed a certificate of insurance indicating that he is carrying public liability insurance in effect for the duration of the permit covering himself and his agents and employees for the following minimum amounts:

1. Bodily Injury: $50,000.00 per person; $100,000.00 per accident.

2. Property Damage: $50,000.00 per accident.

3-12-7 PERMIT FEE. A permit fee of ten dollars ($10.00) 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.

3-12-8 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.

3-12-9 PUBLIC SAFETY. At all times when a building or similar structure is in motion upon any street, alley, sidewalk or public property, the permitee shall maintain flagmen 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 permitee shall maintain adequate warning signs or flares at the intersections or channels of traffic to the sides, behind, and ahead of the building or structure.

3-12-10 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.

3-12-11 REMOVAL BY CITY. In the event any building or similar structure is found to be in violation of Section 3-12-10 of this chapter the city is authorized to remove such building or structure and assess the costs thereof against the permit holder and the surety on his bond.

3-12-12 PROTECT PAVEMENT. It shall be unlawful to remove any house or building of any kind over any pavement, unless the wheels or rollers upon which the house or building is moved shall be at least one (1) 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 engineer or mayor as to such weight shall be final.

3-12-13 ELECTRIC WIRES. The holder of any permit to move a building shall see that all telephone, telegraph, and electric wires and poles are removed when necessary and replaced in good order, and shall be liable for the costs of the same. The holder of the permit for moving a building shall give twenty-four (24) hours notice to the owner of any telephone, telegraph or electric wires to remove such wires and the owner of such wires may either remove or direct the removal and replacing such wires, and the holder of the permit shall pay the reasonable costs thereof.

TITLE IV MENTAL AND PHYSICAL HEALTH

CHAPTER 1 ANIMAL CONTROL

4‑1‑1 DEFINITIONS. For use in this chapter the following terms are defined as follows:

1. “Animal” shall mean a living creature, not human, and being either domestic or wild.

2. “Animal Shelter” shall mean any premises designated by the City Council for the proper care of impounded animals.

3. “At Heel” shall mean, with reference to a dog, within three feet of a person subject to that person’s strict obedient command and control.

4. “At Large” shall mean off the premises of the owner, unless:

A. The animal is on a leash, cord, chain, or similar restraint not more than six feet in length and is under the control of the person, or

B. The animal is within a motor vehicle, or

C. The animal is housed in a veterinary hospital, licensed kennel, pet shop or animal shelter, or police vehicle, or

D. The animal is "at heel."

5. “City Veterinarian” shall mean a person licensed to practice veterinary medicine, surgery and dentistry in the state, designated by the city from time to time as City Veterinarian.

6. “Dangerous Animal” shall mean, for the purposes of this chapter, all of the following, whether actually vicious or not:

A. Lions, tigers, jaguars, leopards, cougars, lynx, and bobcats.

B. Black bears, polar bears and grizzly bears.

C. Crocodiles and alligators.

D. All venomous and constricting snakes.

7. “Dangerous Domestic Animal” shall mean, for the purposes of this chapter, all of the following animals, whether or not actually vicious:

A. Staffordshire Terriers - known as Pit Bulls.

8. "Dog" shall mean any member of the canine species, male or female, whether neutered or un-neutered.

9. “Housing” shall mean any location where an animal is normally kept.

10. “In Heat” shall mean a female dog during the active state of estrus.

11. “Kennel Dogs” shall mean dogs kept or raised solely for the purpose of sale and kept under constant restraint.

12. "Owner" shall mean any person, association or corporation owning, keeping or harboring any animal.

13. “Pet Shop” shall mean any business established for the purpose of breeding, buying, selling or boarding of animals, excepting kennels.

14. “Veterinary Hospital” shall mean a public establishment regularly maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseased and injured animals.

15. “Vicious Dog” shall mean a dog which inflicts a bite or bites upon and/or attacks human beings or domesticated animals without cause or justification, and may or may not be a dangerous domestic animal.

16. “Walker” shall mean any person having control over or attempting to have control over a dog when it is off the premises of its owner.

4-1-2 CRUELTY TO ANIMALS. No person who impounds or confines in any place, any domestic animal, or fowl, or dog or cat, shall fail to supply such animal during confinement with a sufficient quantity of food or water, or shall fail to provide the dog or cat with adequate shelter, or shall torture, torment, deprive of necessary sustenance, mutilate, overdrive, overload, drive when overloaded, beat, or kill any such animal by means which causes unjustified pain, distress or suffering, whether intentionally or negligently.

4-1-3 ABANDONMENT. A person who has ownership 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.

4-1-4 EXHIBITIONS AND FIGHTS. No person shall arrange, promote, or stage an exhibition at which any animal is tormented, or any fight between animals or between a person and an animal, or shall keep a place where such exhibitions and fights are staged for the entertainment of spectators.

4-1-5 INJURIES TO ANIMALS. No person, having no right to do so, shall maliciously kill, maim, or disfigure any animal of another, or maliciously administer poison to any such animal, or expose any poisonous substance with the intent that the same should be taken by such animal.

4-1-6 ANIMALS AT LARGE. It shall be unlawful for any owner to allow dogs, cats, cattle, horses, swine, sheep or other similar animals to run at large within the corporate limits of the city.

4-1-7 BOTHERSOME ANIMALS. It shall be unlawful for a person to keep within the city such bothersome animals as barking dogs, bees, cattle, horses, swine, and sheep which tend to disrupt the peace and good order of the community, unless same is specifically authorized by the Zoning Code.

4-1-8 DAMAGE OR INTERFERENCE. It shall be unlawful for the owner of an animal to allow or permit such animal to pass on the premises of another thereby causing damage to, or interference with, the premises.

4-1-9 ANNOYANCE OR DISTURBANCE. It shall be unlawful for the owner of a dog to allow or permit such dog to cause serious annoyance or disturbance to any person or persons by frequent and habitual howling, yelping, barking, or otherwise; or, by running after or chasing persons, bicycles, automobiles or other vehicles.

4-1-10 NUMBER OF ANIMALS. No person shall harbor or maintain such number of dogs or cats, or combination thereof, to create un-healthful or unsanitary conditions for the humans or animals occupying the premises, or create any other conditions constituting a nuisance. If such conditions exist, the City Veterinarian is authorized to make an investigation, and after notice to the person or persons occupying or maintaining the residence or premises, or the persons harboring or maintaining the animals, and hearing, the City Veterinarian may order such number of the animals be moved from the residence or premises to remedy or correct the un-healthful, unsanitary or other conditions constituting a nuisance. Upon the failure of the person or persons to follow the orders issued by the City Veterinarian, appropriate action may be pursued in the courts to either enforce the order of the City Veterinarian, and/or correct the conditions and/or abate the nuisance.

4-10-11 UNHEALTHFUL OR UNSANITARY CONDITIONS, AND OTHER REGULATIONS.

1. An owner shall keep all structures, pens, coops, or yards wherein animals are confined, clean, devoid of vermin, and free of odors arising from feces.

2. No owner or walker of any animal shall permit the animal to discharge feces upon any public or private property, other than the property of the owner of the animal. The owner or walker shall be deemed to permit the animal’s discharge of the feces if the owner does not immediately thereafter take steps to remove and clean up the feces from the property.

3. All feces removed as aforesaid, shall be placed in an airtight container until it is removed pursuant to refuse collection procedures, or otherwise disposed of in a sanitary manner.

4. An owner may, as an alternative to subsection 3 above, collect the feces and turn it under the surface of the owner’s soil in any manner that prevents odor or collection of vermin.

4-10-12 TETHERING OF ANIMALS. No person shall stake or otherwise tie or fasten an animal in a way that permits the animal to pass onto, over or across any public sidewalk, street, or alley or private property other than the owner’s.

4-10-13 REMOVING ANIMALS FROM ANIMAL SHELTER. It shall be unlawful for any person or persons to open any gate, bars, door, fence, partition, shed, coop, or any portion of the Animal Shelter with the intent to allow animals to escape. This section shall not apply to any animal control officer who removes an animal for return to an owner after the proper redemption of the animal or other officials in the performance of their duties.

4-10-14 DOGS IN PARKS.

1 No dog shall be allowed in or within 50 feet of any pavilion, playground, or ballfield in a city park, except properly trained dogs for the blind or deaf are permitted in and within 50 feet of pavilions.

2. No dog shall be allowed in any other area of a city park unless it is attached to a leash not more than six feet in length and having sufficient strength to restrain the dog when the leash is held by a person capable of restraining and controlling the dog.

4-10-15 CONFINEMENT OF FEMALE DOGS IN HEAT. The owner of any female dog in heat shall confine said animal inside the house or buildings on the owner’s premises during the heat period. The owner may remove a dog in heat from his/her premises for purposes of breeding and/or exercise providing the animal is on a leash, cord, chain, or similar restraint not more than six feet in length and is under the control of the owner. No female dog is heat shall be allowed to heel.

4-10-16 DANGEROUS DOMESTIC ANIMALS. Dangerous domestic animals within the city limits shall be muzzled at all times.

4-10-17 VICIOUS DOGS AND DANGEROUS ANIMALS.

1. No person shall own, keep or harbor a vicious dog or dangerous animal within the city.

2. It shall be the duty of the Animal Control Officer to impound any vicious dog or dangerous animal. In the event the animal cannot be caught by the Animal Control Officer without exposing the Officer to danger or personal injury, the animal may be destroyed.

3. The following are hereby excluded from the requirements of this section:

A. Public zoos, fully accredited educational or medical institutions; Linn County Humane Society; Cedar Rapids Animal Shelter; public museums where such dangerous animals are kept as live specimens for public viewing, or for the purpose of instruction and research.

B. Exhibitions to the public by a traveling circus, carnival, exhibit or show, duly licensed in accordance with the ordinances of the city.

C. Dangerous animals in a licensed veterinary hospital for treatment.

D. Dangerous animals under the jurisdiction of and in the possession of the Iowa Department of Natural Resources.

E. Animals possessed under authority of a state-issued game breeder’s license or scientific collector’s license.

F. Dangerous animals maintained by the federal, state, or county government, or its designee.

4-1-18 ANIMAL SHELTER AND CITY VETERINARIAN. Any public veterinarian office or pound may be designated by the city to be the Animal Shelter and any licensed veterinarian may be designated as the City Veterinarian. The City Veterinarian shall have the same powers as police officers for the enforcement of provisions of this chapter and any other provisions of law relating to animals.

4-1-19 AT LARGE: IMPOUNDMENT. Animals found at large in violation of this chapter shall be seized and impounded, or at the discretion of the Mayor, the owner may be served a summons to appear before a proper court to answer charges made thereunder.

4-1-20 DISPOSITION OF ANIMALS. When an animal has been apprehended and impounded, written notice shall be given in not less than two days to the owner, if known. Impounded animals may be recovered by the owner upon payment of impounding costs, and if an unvaccinated dog, by having it immediately vaccinated. If the owner does not redeem the animal within seven days of the date of notice, or if the owner cannot be located within seven days, the animal may be humanely destroyed or otherwise disposed of in accordance with law.

4-1-21 DISPOSITION OF DISEASED AND INJURED ANIMALS. The City Veterinarian may euthanize any diseased or injured animal found at large or impounded. Impounded animals that contract a contagious disease or diseases together with other exposed impounded animals may be euthanized by the City Veterinarian. Every reasonable effort will be made to locate and notify the owner of the animal before euthanasia and the owner’s request regarding the disposition of the animal will be honored unless the City Veterinarian determines it is inhumane to the animal.

4-1-22 DESTRUCTION OF ANIMALS AT LARGE. It shall be lawful for an animal control officer to destroy if necessary any animal found at large which cannot be captured.

4-1-23 REPORT OF BITES.

1. Every physician or other practitioner shall report in writing to the City Animal Shelter the name and address of any person treated for bites inflicted by an animal with such other information as will assist in the prevention of rabies.

2. Every veterinarian shall report to the City Animal Shelter any diagnosis of rabies in an animal made by or under the supervision of said veterinarian. Every veterinarian shall report to the City Animal Shelter the name and address of the owner of any dogs treated for bites inflicted by another dog or animal.

3. The owner of any dog of any person having knowledge of any biting or causing a skin abrasion upon any person in the city shall promptly report such fact to the City Animal Shelter.

4-1-24 QUARANTINE OF ANIMALS. An owner whose animal is suspected of having rabies or other disease communicable to humans, or which has bitten or caused a skin abrasion upon a human, shall place the animal in isolation under quarantine upon the direction of the City Veterinarian for fourteen days. In the event the animal has had current rabies shots, the City Veterinarian may authorize the owner to quarantine the animal at the owner’s home. In the event the animal has not had current rabies shots, or in the event it is unknown if the shots are current, or for any other reason that the City Veterinarian so determines, the animal shall be quarantined at the Animal Shelter or a licensed veterinary hospital, and all costs of such confinement shall be paid by the owner.

4-1-25 VIOLATION IS A MUNICIPAL INFRACTION. A violation of the provisions of this ordinance is a municipal infraction pursuant to Chapter 3, Title I of the Ely Municipal Code of Ordinances of 1997 and Section 364.22, Code of Iowa.

TITLE V HUMAN DEVELOPMENT - EDUCATION AND CULTURE

CHAPTER 1 LIBRARY SERVICES

5-1-1 Public Library 5-1-6 Power to Contract with Others for the

5-1-2 Library Trustees Use of the Library

5-1-3 Qualifications of Trustees 5-1-7 Non-Resident Use of the Library

5-1-4 Organization of the Board 5-1-8 Library Accounts

5-1-5 Powers and Duties 5-1-9 Annual Report

5‑1‑1 PUBLIC LIBRARY. There is hereby established a free public library for the City, to be known as the Ely Public Library.

5‑1‑2 LIBRARY TRUSTEES. The board of trustees of the Ely Public Library, hereinafter referred to as the board, consists of five resident members and two non-resident members. All resident board members shall be appointed by the Mayor with the approval of the City Council. The non-resident members are to be appointed by the Mayor with the approval of the county board of supervisors.

5‑1‑3 QUALIFICATIONS OF TRUSTEES. All of the members of the board shall be bona fide citizens and residents of the City. The non-resident members of the board shall be bona fide citizens and residents of the county. Resident and non-resident members shall be over the age of eighteen (18).

5‑1‑4 ORGANIZATION OF THE BOARD.

1. Terms of office. All appointments to the board shall be for six (6) years, except to fill vacancies. Each term shall commence on July first. Appointments shall be made every two (2) years of one‑third the total number as near as possible, to stagger the terms.

2. Vacancies. The position of any resident trustee shall be declared vacant if said trustee moves permanently from the City. The position of a non-resident 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 said trustee is absent from six (6) consecutive regular meetings of the board, except in the case of sickness or temporary absence from the City or county. Vacancies in the board shall be filled in the same manner as an original appointment, except the new trustee shall fill out the unexpired term for which the appointment is made.

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

5‑1‑5 POWERS AND DUTIES. The board shall have and exercise the following powers and duties:

1. To meet and elect from its members a president, a secretary, and such other officers as it deems necessary. The city clerk shall serve as board treasurer, but shall not be a member of the board.

2. To have charge, control and supervision of the public library, its appurtenances, fixtures and rooms containing the same.

3. To direct and control all the affairs of the library.

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

5. To remove by a two‑thirds vote of the board the librarian and provide procedures for the removal of assistants or employees for misdemeanor, incompetency or inattention to duty, subject, however, to the provisions of Chapter 35C, Code of Iowa.

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

7. To authorize the use of the library by non‑residents of the City or county and to fix charges therefor.

8. To make and adopt, amend, modify or repeal rules and regulations, not inconsistent with Ordinances and the law, for the care, use, government and management of the library and the business of the board, fixing and enforcing penalties for violations.

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

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

11. To keep a record of its proceedings.

12. To enforce the performance of conditions of gifts, donations, devises and bequests accepted by the City. The board shall enforce performance by taking action against the City Council.

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

5‑1‑6 POWER TO CONTRACT WITH OTHERS FOR THE USE OF THE LIBRARY.

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

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

5‑1‑7 NON‑RESIDENT USE OF THE LIBRARY. The board may authorize the use of the library by non‑residents in any one or more of the following ways:

1. By lending the books or other materials of the library to non‑residents on the same terms and conditions as to residents of the City, or upon payment of a special non‑resident library fee.

2. By establishing depositories of library books or other materials to be loaned to non‑residents.

3. By establishing bookmobiles or a traveling library so that books or other library materials may be loaned to non‑residents.

4. By establishing branch libraries for lending books or other library materials to non‑residents.

5‑1‑8 LIBRARY ACCOUNTS. All money appropriated by the City Council from the general fund for the operation and maintenance of the library shall be set aside in an account for the library. Expenditures shall be paid for only on orders of the board, signed by its president and secretary. The warrant writing officer is the City Clerk.

5‑1‑9 ANNUAL REPORT. The board shall make a report to the City Council immediately after the close of the municipal fiscal year. This report shall contain statements of the condition of the library, the number of books added thereto, the number circulated, the amount of funds collected, and the amount of money expended in the maintenance of the library during the year, together with such further information required by the City Council.

Editor's Note: The Council may retain the power to hire, discharge, set salaries, expend funds unless the library board was in existence prior to July 1, 1974. (See Sections 5-1-5(4), 5‑1‑5(5), 5-1-5(9) and 5-1-8.

Any proposal to alter the composition, manner of selection, or charge of a library board, or to replace it with an alternate form of administrative agency, is subject to the approval of the voters of the City. See Code of Iowa, Sec. 392.5

TITLE V HUMAN DEVELOPMENT - EDUCATION AND CULTURE

CHAPTER 2 RECREATION COMMISSION

5-2-1 Recreation Commission Created 5-2-4 Receipts of Funds

5-2-2 Term of Office 5-2-5 Vehicles on Grounds Prohibited

5-2-3 Powers and Duties

5-2-1 RECREATION COMMISSION CREATED. There is hereby created a city recreation commission, composed of five (5) members who shall be qualified by knowledge and experience to act in matters pertaining to the development of recreation facilities, none of whom shall hold an elective position in said city. Such members shall be appointed by the Mayor with the approval of Council.

5-2-2 TERM OF OFFICE. The term of office of said members shall be two (2) years, except that the members first named shall hold office for such terms, not exceeding two (2) years, that the terms of not more than one-third of the members will expire in any one year. Any vacancy occurring on the commission, caused by resignation or otherwise, shall be filled by the mayor for the unexpired term with the approval of the council. All members of such commission shall serve without compensation except their actual expenses which shall be subject to the approval of the council.

5-2-3 POWERS AND DUTIES. Such commission shall have and possess the following powers and duties and such other powers as may be incidental to the successful carrying out of its functions under the powers vested herein and such other powers as may be expressly conferred upon it by law:

1. Officers, Meetings, and Quorum. To meet and elect from its members, a chairman, secretary and such other officers as it deems necessary. The city clerk shall serve as commission treasurer. To conduct regular open meetings and conduct its business at such meetings under procedure outlined by the chairman a quorum for conducting business of the commission shall be three (3) members.

2. Function. To provide for the recreational needs of the general public in a manner best suited for the size and composition of the population of the City of Ely and in a manner which provides for the maximum use of recreation facilities and programs with due regard for efficiency and economy.

3. Authority. To have exclusive authority and control over the development, maintenance, repair, operation and use of all public recreational facilities, programs and grounds designated by the city council for recreational use, including but not limited to the grounds surrounding the Ely Community Center.

4. Regulatory Power. To establish and enforce reasonable rules and regulations for the use of, or participation in all public recreational facilities, programs and grounds under the control of the commission by members of the general public and to affix reasonable charges for such use if such use is deemed necessary by the commission. However, all rules and regulations governing the use of recreational facilities and programs within the community center building shall be consistent with rules established for the use of the building by the Community Center Administrative Board. All such rules and regulations shall be readily available to the public and posted at or near the facility to which the rules apply. Any knowing violation of a rule or regulation of the commission so established by any person or entity shall constitute a simple misdemeanor punishable by a fine not to exceed one hundred dollars ($100.00) or imprisonment not to exceed thirty (30) days.

5. Budgeting Authority. To prepare proposed budgets or amendments thereto for the development, maintenance, operation, and use by the public of all public recreation facilities, programs and grounds under the control of the commission for submission and approval by the city council. The commission shall administer the recreation budget as finally adopted by the city council.

6. Acquisitions or Sale of Real Property. The commission shall not have the power to acquire land by purchase or condemnation, as such power is reserved to the city council, nor shall the commission have the power to sell or trade lands without the prior approval of the city council. The commission shall, however, make recommendations to the Mayor and the city council for acquisition or sale of recreational land as it deems necessary to carry out its function.

7. Expenditures. To expend budgeted funds or other funds available to the commission without prior city council approval. City warrants to disburse such funds shall be issued by appropriate city officials upon written notification by the chairman and secretary that the commission has approved the expenditure. In the case of an expenditure of budgeted funds, such notification shall identify the budgetary item under which the expenditure was made, making reference to the final budget for that fiscal year.

8. Contractual Authority. Only after prior review and written approval by the city council, the commission may enter into any and all contracts or agreements permitted to cities under law on behalf of the City of Ely, Iowa to carry out its functions.

9. Financial Reports. To annually, no later than August 1 of each year, or more often upon the request of the Mayor or city council, the commission shall report to the Mayor all receipts and disbursements of funds for the last fiscal year, or to-date, in the case of interim reports, including an accounting of all unexpended funds available to the commission. Such reports shall be available to the public at any time.

10. Limitation of Power. Any proposed action or inaction of the commission may be nullified or reversed by the mayor with the consent of the city council after public hearing thereon.

5-2-4 RECEIPTS OF FUNDS. All receipts of allocated funds or funds from any other source for recreational purposes within the City of Ely shall be deposited with the city clerk to the Recreation Fund for disbursement as set forth above.

5-2-5 VEHICLES ON GROUNDS PROHIBITED. Except as otherwise provided by rules and regulations of the Recreation Commission, no person shall operate a motorized recreational vehicle or any other type of motorized vehicle or motorized equipment upon any part of the Ely Community Center grounds lying southeasterly of Rowley Street and northwesterly of State Street in the city as provided herein.

1. Prohibited Vehicles Defined. Prohibited vehicles shall include but are not limited to automobiles, trucks, motorcycles, snowmobiles and all-terrain type vehicles.

2. Excepted Areas. The prohibition stated herein shall not apply to designated parking areas.

3. City Vehicles. The prohibition stated herein shall not apply to city owned vehicles and equipment, vehicles and equipment operated by city construction or maintenance personnel, vehicles and equipment operated by construction or maintenance contractors for the city, or vehicles and equipment specifically authorized by the city council.

4. Models. Motorized model airplanes and model cars shall not be defined as prohibited vehicles.

TITLE V HUMAN DEVELOPMENT - EDUCATION AND CULTURE

CHAPTER 3 COMMUNITY CENTER BUILDING REGULATIONS

5-3-1 Reservations 5-3-5 Electricity

5-3-2 Rooms Available 5-3-6 Alcoholic Beverages

5-3-3 Fees 5-3-7 Smoking

5-3-4 Clean Up

5-3-1 RESERVATIONS. All reservations for use of the community center building and grounds must be made through the city clerk or designated scheduler. Regular meetings of community organizations are to be booked in advance on the yearly calendar. All special meetings and private parties are to be booked individually.

5-3-2 ROOMS AVAILABLE. The Council Room may be used only if the other rooms are not available. The Library may not be used for any meetings, other than the Library Board or official city meetings as coordinated with the Library Director.

5-3-3 FEES. All city co-sponsored and all recognized, Ely community centered, non-profit youth organizations of high school age and under may schedule and use the building for regular meetings or grounds on appropriate sharing basis and at no charge. For others, see fee schedule per resolution.

5-3-4 CLEAN UP. Each organization is responsible for general clean up after their usage of the building or grounds. This includes the following:

1. Wipe the tables if used, and restore tables, etc. to original positions as found.

2. Place all recyclable waste material (tin cans, plastic and glass bottles, etc., as applicable and as the laws may change) in proper containers or bins in recycle shed in front of the building or other locations as city later may designate.

3. Place all normal remaining waste material from waste paper baskets and garbage cans (having plastic garbage liners) in plastic garbage bags, tie up, and place in the dumpster in front of the building. Place new plastic liner in garbage cans. Boxes, boards and any other large user generated garbage or waste is to be removed by the user to the user’s premises. Grounds are to be left clean.

4. The dumpster is for the city generated or city permitted garbage or waste only. No yard waste is permitted by any means by city ordinance in the dumpster.

5. Clean the floor and/or mop to restore cleanliness, as found upon entry.

5-3-5 ELECTRICITY. Turn off all lights after use of the building. Draw the drapes down upon leaving. During the winter months, turn thermostats to posted settings upon leaving. During summer months, the air conditioners are to be turned off unless posted otherwise, upon leaving. Kitchenette water heater is to be turned off, if used, upon leaving.

5-3-6 ALCOHOLIC BEVERAGES. Beer and wine only can be served in a controlled manner inside the building only in a private social gathering only and at the user’s liability.

5-3-7 SMOKING. No smoking is permitted in any part of the building.

Editor’s Note: This chapter contains amendments made by Ordinance No. 124.

TITLE VI PHYSICAL ENVIRONMENT

CHAPTER 1

6-1-1: All construction for dwellings within the City Limits of the City of Ely shall be pursuant to the regulations set forth in the International Conference of Building Officials (ICBO) publication titled “1997 DWELLING CONSTRUCTION UNDER THE UNIFORM BUILDING CODE”, as published May 1998 under Publication No. ISBN 1-58001-005-9 and bearing copyright date of 1998, except that the City will not assign an Inspection Report Card when the building permit is issued, nor will the City perform the inspections set out in the Code

6-1-2: The above publication shall be available from the City Clerk at a cost to not exceed $15.00.

6-1-3: When the above titled publication is no longer available from the ICBO, the subsequent replacement publication shall become the regulating document when available at City Clerk’s office.

Ordinance No. 156 – Adopted 12/14/1998

TITLE VI PHYSICAL ENVIRONMENT

CHAPTER 2 UTILITIES - SANITARY SYSTEM

6‑2‑1 DEFINITIONS. Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows:

1. "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20°C, expressed in milligrams per liter or parts per million.

2. “Builder” shall mean the owner of land who causes sanitary sewer to be installed under the provisions of this chapter, and shall also include the owner’s heirs, successors, or assigns.

3. "Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (l.5 meters) outside the inner face of the building wall.

4. "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal.

5. "Combined Sewer" shall mean a sewer receiving both surface runoff and sewage.

6. "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sales of produce.

7. "Industrial Wastes" shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

8. “Inspector” shall mean 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.

9. "Natural Outlet" shall mean any outlet into watercourse, pond, ditch, or other body of surface or groundwater.

10. "Person" shall mean any individual, firm, company, association, society, corporation, or group.

11. "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

12. “Private Sewage Disposal System” shall mean a system which provides for the treatment or disposal of domestic sewage from four or fewer dwelling units or the equivalent of less than sixteen (16) individuals on a continuing basis.

13. "Properly Shredded Garbage" shall mean the waste from the preparation, cooking, and dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one‑half (l/2) inch (l.27 centimeters) in any dimension.

14. "Public Sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

15. "Sanitary Sewer" shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.

16. “Semi-Public Sewage Disposal System” shall mean a system for the treatment or disposal of domestic sewage which is not a private sewage disposal system and which is not owned by a city, a sanitary sewer district, or a designated and approved management agency under Section 1288 of the Federal Water Pollution Control Act.

17. "Sewage" shall mean a combination of the water‑carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present.

18. "Sewage Treatment Plant" shall mean any arrangement of devices and structures used for treating sewage.

19. "Sewage Works" shall mean all facilities for collecting, pumping, treating, and disposing of sewage.

20. "Sewer" shall mean a pipe or conduit for carrying sewage.

21. "Slug" shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty‑four (24) hour concentration of flows during normal operation.

22. "Storm Drain" (sometimes termed "storm sewer") shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes other than unpolluted cooling water.

23. "Superintendent" shall mean the Superintendent of Sewage Works and/or of Water Pollution Control of the City of Ely or the Superintendent's authorized deputy, agent, or representative.

24. "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

25. "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently.

6‑2‑2 USE OF PUBLIC SEWERS REQUIRED.

1. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City or in any area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste.

2. It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Ordinance.

3. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

4. The owner of any house, building, or property used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right‑of‑way in which there is now located or may in the future be located a public sanitary or combined sewer of the City, is hereby required at such owner's expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Ordinance, provided that said public sewer is within one hundred fifty (150) feet of the property line. Billing for sanitary sewer service shall begin the date of official notice to connect to the public sewer. However, the requirement for connection of toilet facilities to the public sewer shall not apply to buildings erected prior to March 9, 1981, being served by an adequate septic system.

5. It shall be unlawful to open or enter any manhole of the sewer system, except by authority of the superintendent.

6-2-3 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.

6‑2‑4 PRIVATE AND SEMI-PRIVATE SEWAGE DISPOSAL.

1. Where a public sanitary or combined sewer is not available under the provision of Section 6‑2‑2(4), the building sewer shall be connected to a private or semi-private sewage disposal system complying with the provisions of this section.

2. Before commencement of construction of a private or semi-private sewage disposal system the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Superintendent. A permit and inspection fee of $25.00 dollars shall be paid to the City at the time the application is filed.

3. A permit for a private or semi-private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. The Superintendent shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 72 hours of the receipt of notice by the Superintendent.

4. The type, capacities, location, and layout of a private or semi-private sewage disposal system shall comply with all recommendations of the Department of Natural Resources of the State of Iowa and the County Health Department. No permit shall be issued for any private or semi-private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 15,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

5. At such times as a public sewer becomes available to a property served by a private or semi-private sewage disposal system, as provided in 6‑2‑2(4), a direct connection shall be made to the public sewer in compliance with this Ordinance, and any septic tanks, cesspools, and similar private or semi-private sewage disposal facilities shall be abandoned and filled with suitable material.

6. The owner shall operate and maintain the private or semi-private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.

7. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the County Health Officer.

8. When a public sewer becomes available, the building sewer shall be connected at the building owner's expense, to said sewer within sixty (60) days and the private or semi-private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.

9. It shall be unlawful for any person to place any effluent or waste from cesspools, septic tanks or privy vaults in any other location in the city except in such location as may be designated by the superintendent. The rate or charge for receiving such waste shall be determined by resolution of the council.

6‑2‑5 BUILDING SEWERS AND CONNECTIONS.

1. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent.

2. There shall be two (2) classes of building sewer permits: (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes. No 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 clerk in accordance with the following:

a. Any person desiring to make a connection with the sewer system shall first file with the clerk an application therefor, on blanks furnished by the city, setting forth the location and description of the property to be connected with the sewer system and for what purpose the sewer is to be used.

b. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the council.

c. All applications for sewer connections shall be accompanied by the payment of the following fees:

Residential Service: $350.00 Single-family

Residential Service: $400.00 Multi-family for each hook up per building

Commercial Service: $600.00

Industrial Waste Service: $1,000.00

d. All permits to connect with sewer shall be given upon the express condition that the council may at any time before the work is completed revoke and annul the same and no party interested shall have a right to claim damages in consequence of any such permits being revoked or annulled.

Before a permit may be issued for excavating for plumbing in any public street, way or alley, the person applying for such permit shall have executed unto the City of Ely and deposited with the City Clerk a corporate surety in the sum of five thousand dollars ($5,000.00) conditioned that the applicant will perform faithfully all work with due care and skill, and in accordance with the laws, rules and regulations established under the authority of any Ordinances of the City of Ely pertaining to plumbing. This bond shall state that the person will indemnify and save harmless the City of Ely and the owner of the premises against all damages, costs, expenses, outlay and claims of every nature and kind arising out of unskillfulness or negligence on the applicant's part in connection with plumbing or excavating for plumbing as prescribed in this Ordinance. Such bond shall remain in force and must be executed for a period of two (2) years except that on such expiration it shall remain in force as to all penalties, claims and demands that may have accrued thereunder prior to such expiration.

3. All cost and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

4. A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

5. Old building sewers may be used in connection with new building sewers only when they are found, upon examination and testing by the Superintendent, to meet all requirements of this Ordinance. The Superintendent may require that the old sewer be excavated for the purpose of facilitating inspection. No old cesspool or septic tank shall be connected to any portion of a building sewer that is also connected to the public sewer. Cesspools and septic tanks shall be located, and drained in a manner approved by the Superintendent and removed or filled with sand, crushed rock or any other solid material approved by the Superintendent, except as exempted by the Superintendent.

6. The building sewer shall be constructed in accordance with applicable portions of the last published (State Plumbing Code of Iowa), applicable specifications of the American Society for Testing and Materials (ASTM) and applicable portions of the Water Pollution Control Federation (WPCF) Manual of Practice No. 9."

a. Each connection to the public sewer shall be made to the fittings designated for that property. If a fitting in the public sewer is not available for the designated property, the connection shall then be made under the direct supervision of the Superintendent. Connections to the public sewer not made to an existing wye or tee shall be made by a hole cutter or careful chisel cutting. The connection shall be rendered water and gas tight, by use of rubber gaskets. The building sewer shall not protrude into the public sewer.

b. All building sewers shall be constructed of the following materials conforming to the indicated standards:

Vitrified Clay Pipe VCP

(1) Pipe and Fittings ‑ ASTM C‑700 "Standard Specification or Vitrified Clay Pipe, Extra Strength, Standard Strength and Perforated."

(2) Coupling and Joints ‑ ASTM C‑425 "Standard Specification for Compression Joints for Vitrified Clay Pipe and Fittings".

Extra Heavy Cast Iron Soil Pipe

(1) Pipe and Fittings ‑ ASTM A‑74 "Standard Specification for Cast Iron Soil Pipe and Fittings."

(2) Joints ‑ ASTM C‑564 "Standard Specification for Rubber Gaskets for Cast Iron Soil Pipe and Fittings."

Polyvinyl Chloride (PVC)

Polyvinyl Chloride (PVC) and joints shall be installed according to the manufacturers' recommendations and shall conform to:

(1) Pipe ‑ A.S.T.M. D‑3034, "Type P.S.M. Poly (PVC) and Fittings."

Minimum wall thickness:

4" ‑ 0.125"

6" ‑ 0.180"

8" ‑ 0.240"

10" ‑ 0.300"

(2) Joints ‑ A.S.T.M. D‑1869, A.S.T.M. D‑1312, "Flexible Elastomeric Seals."

c. No building sewer for residential or commercial buildings shall be less than four inches in diameter. No building sewer for industries or multiple dwellings shall be less than six inches in diameter.

d. Unless otherwise authorized, all building sewers shall have a grade of not less than one ‑ eighth (1/8) inch per foot. A grade of one‑fourth (1/4) inch per foot shall be used wherever practical.

e. All excavation shall be open trench work unless authorized by the Superintendent. The foundation in the trench shall be formed to prevent any subsequent settlement of the pipes. If the foundation is good firm earth, the earth shall be pared or molded to give a full support to the lower quadrant of each pipe. Bell holes shall be dug. Where the floor of the trench is of hard or rocky material, the trench shall be excavated to four inches below the pipe and brought back to the proper grade with gravel, course sand or similar material so as to provide a firm foundation and uniform support for the building sewer line. Backfilling shall be placed in layers and solidly tamped or packed up to two feet above the pipe. Back‑filling shall not be done until final inspection is made by the Superintendent. Building sewers shall be laid straight at uniform grade between connections or fittings.

f. Cleanouts shall be provided for each change in direction or grade if the change exceeds 45 degrees and at least every 100 feet.

7. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. The depth shall be sufficient to afford protection from frost. All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the said Superintendent. Pipe laying and backfill shall be performed in accordance with A.S.T.M. Specification (Designation C12). No backfill shall be placed until the work has been inspected by the Superintendent or the Superintendent's representative. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

8. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

9. The connection of the building sewer into the public sewer shall conform to the requirements of the Plumbing Code or other applicable rules and regulations of the City, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.

10. Each and every part of the building sewer shall be inspected and approved by the Superintendent before being concealed or back‑filled. The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or the Superintendent's representative.

11. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.

12. The City shall, in no event, be held responsible for claims made against it by reason of the breaking of any mains or service pipes, or by reason of any other interruption of the service caused by the breaking of machinery or stoppage for necessary repairs; and no person shall be entitled to damages nor have any portion of a payment refunded for any interruption.

13. The premises receiving sanitary sewer service, shall at all reasonable hours, be subject to inspection by duly authorized personnel of the City.

14. The Owner of the property served by a building sewer shall be responsible for the operation, maintenance, repair, blockage, surface replacement, and any damage resulting from operation, maintenance repair and blockage of said building sewer, from the point of connection with the building drain to the Public Sewer.

15. Any connection to a public sewer shall be made by a plumber approved by the city. The superintendent shall have the power to suspend the approval of any plumber for violation of any of the provisions of this chapter; a suspension, unless revoked, shall continue until the next regular meeting of the council. The superintendent shall notify the plumber immediately by personal written notice of the suspension, the reasons for the suspension, and the time and place of the council meeting at which he will be granted a hearing. At this council meeting the superintendent shall make a written report to the council stating his reasons for the suspension, and the council, after fair hearing, shall revoke the suspension or take any further action that is necessary and proper.

16. 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.

17. Should any excavation in any street or alley be left open or unfinished, for a period of twenty-four (24) hours or should the work be improperly done, the superintendent shall have the right to finish or correct such work and the expense shall be charged to the property owner.

18. When possible, building sewers should be laid at least ten (10) feet horizontally from a water service. The horizontal separation may be less, provided the water service line is located at one side and at least twelve (12) inches above the top of the building sewer.

19. No building sewer shall be laid parallel to, or within three (3) feet of any bearing wall, which might thereby be weakened.

20. No sewer connection shall be laid so that it is exposed when crossing any water course. Where an old water course must of necessity be crossed or where there is any danger of undermining or settlement, cast iron soil pipe or vitrified clay sewer pipe thoroughly encased in concrete shall be required for such crossings. Such encasement shall extend at least six (6) inches on all sides of the pipe. The cast iron pipe or encased clay pipe shall rest on firm, solid material at either end.

21. No connection for any residence, business or other structure with any sanitary sewer shall be made unless the basement floor is poured, or in the case of a building with a slab or crawl space, unless the ground floor is installed with the area adjacent to the foundation of such building cleared of debris and backfilled. The backfill shall be well compacted and graded so that the drainage is away from the foundation. Prior to the time the basement floor is poured, or the first floor is installed in buildings without basements, the sewer shall be plugged and the plug shall be sealed by the superintendent. Any accumulation of water in any excavation of basement during construction and prior to connection to the sanitary sewer shall be removed by means other than draining into the sanitary sewer.

22. All interceptors shall be constructed of impervious material capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, water-tight and equipped with easily removable covers that shall be gas-tight and water-tight.

23. All interceptors of grease, oil, sludge and sand shall be maintained by the owner at his expense in continuously efficient operations at all times.

24. 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 the public sewer is twelve (12) inches in diameter or less and no properly located “Y” branch is available, the owner shall at his own expense install a “Y” branch in the public sewer at the location specified by the city. Where the public sewer is greater than twelve (12) inches and no properly located “Y” branch is available, a neat hole may be cut into the public sewer to receive the building sewer with entry in the downstream direction at an angle of approximately forty-five (45) degrees. A forty-five (45) degree ell may be used to make such connection, with the spigot end cut so as not to extend past the inner surface of the public sewer. The invert of the private sewer at the point of connection shall be at the same, or at a higher elevation than the invert of the public sewer. A smooth, neat joint shall be made, and the connection made secure and water tight by encasement in concrete. Special fittings may be used for the connection only when approved by the city. 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 his direction if such connection is approved.

25. All approved connection permits shall require the owner to complete construction and connection of the building sewer to the public sewer within thirty (30) days from the approval of the permit, except that when, in the judgment of the superintendent, a property owner on application has made sufficient showing that due to conditions beyond his control or peculiar hardship, the period of time set forth for the completion of the connection shall be inequitable or unfair to him, an extension of time within which to comply with the provisions herewith may be granted.

26. Construction or maintenance of building sewer lines whether located upon the private property of any owner or in the public right-of-way, which construction or maintenance is in violation of any of the requirements of this chapter, shall be corrected, at the owner’s expense, within thirty (30) days after date of official notice from the council of such violation. If not made within such time the council shall, in addition to the other penalties herein provided, have the right to finish and correct the work and assess the cost thereof to the property owner. Such assessment shall be collected with and in the same manner as general property taxes.

6‑2‑6 USE OF THE PUBLIC SEWERS.

1. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. Applications may be canceled and/or sewer service discontinued by the City for any violation of any rule, regulation or condition of service, and especially for any of the following reasons:

a. Misrepresented in the application as to the property or fixtures to be serviced by the sanitary sewer system.

b. Non‑payment of bills.

c. Improper or imperfect service pipes and fixtures, or failure to keep same in suitable state of repair.

2. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the Superintendent. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Superintendent, to a storm sewer, combined sewer, or natural outlet.

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.

3. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

a. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

b. Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer.

c. Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

d. Solid or viscous substances in quantities of such size capable of causing obstruction to the flow of sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

e. Any water or wastes having (l) a 5‑day bio‑chemical oxygen demand greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight, or suspended solids, or (3) having an average daily flow greater than 2 percent of the average sewage flow of the City, shall be subject to the review of the Superintendent. Where necessary in the opinion of the Superintendent, the owner shall provide at the owner's expense, such preliminary treatment as may be necessary to (l) reduce the biochemical oxygen demand to 300 parts per million by weight, or (2) reduce the suspended solids to 350 parts per million by weight, or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent and no construction of such facilities shall be commenced until said approvals are obtained in writing.

4. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

a. Any liquid or vapor having a temperature higher than one hundred fifty (150) F (65 C).

b. Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty‑two (32) and one hundred fifty (150 F) (0 and 65 C).

c. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three‑fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent.

d. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

e. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances, or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials.

f. Any waters or wastes containing phenols or other taste‑or‑odor‑producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary after treatment of the composite sewage, to meet with requirements of the State, Federal, or other public agencies with jurisdiction for such discharge to the receiving waters.

g. Any radioactive wastes or isotopes of such half‑life or concentration as may exceed limits established by the Superintendent in compliance with applicable State or Federal regulations.

h. Any waters or wastes having a pH in excess of 9.5.

i. Materials which exert or cause:

(1) Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

(2) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

(3) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

(4) Unusual volume of flow or concentration of waters constituting "slugs" as defined herein.

j. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

k. 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.

l. 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.

5. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in 6‑2‑5(4), and which in the judgment of the Superintendent, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:

a. Reject the wastes,

b. Require pretreatment to an acceptable condition for discharge to the public sewers.

c. Require control over the quantities and rates of discharge, and/or

d. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provision of 6‑2‑5(10) of this article.

If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent, and subject to the requirements of all applicable codes, Ordinances, and laws.

6. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection.

7. Where preliminary treatment or flow‑equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner's expense.

8. When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at the owner's expense, and shall be maintained by the owner so as to be safe and accessible at all times.

9. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty‑four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24 hour composite of all outfalls where pH's are determined from periodic grab samples).

10. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment, therefore, by the industrial concern.

6-2-7 SEWER EXTENSIONS.

1. An owner of land abutting or adjoining a public street where no sanitary sewer has been installed, may make application to the council for the installation of a sanitary sewer in said street for the purpose of serving said property in accordance with the following:

a. A written request for such installation, and a sum equal to the cost as estimated by the city of construction from the point where the sanitary sewer is presently installed and terminates to the point where the most distant boundary of the owner’s lot abuts the said public street shall be submitted to the council.

b. Upon receipt of the tender of the said sum, the city shall construct the said sanitary sewer for the purpose of serving the property of the applicant (builder), as soon as such construction can reasonably be accomplished.

c. In the event the actual cost to the city of installation of the sanitary sewer is in excess of the estimated costs, the builder agrees to reimburse the city for such actual additional cost within thirty (30) days after the presentation of a bill for such additional cost.

d. In the event of the failure of the builder to reimburse the city, as specified in subsection c above, the total of the additional cost shall be certified to the county treasurer as a special assessment lien against the builder’s real estate. In his written request for installation of the sanitary sewer the land owner shall waive all objections to jurisdiction and rights to notice and consent to the entry of such a special assessment lien against the real estate.

e. The expense of connecting the property of the builder to the sewer laid in the public street shall be borne by the builder, in addition to the cost of constructing said sewer, but such connection shall be under the supervision of the city.

2. In the event an owner of land abutting or adjoining a public street in which no sewer has been previously installed desires to construct said sewer at his own expense, he may do so, after making proper application to the city and receiving a permit to install such a sewer in accordance with the following:

a. The installation of such a sewer by a land owner at his own expense shall be under the strict supervision of the city and shall, in all ways, conform to the requirements and specifications of the city.

b. When making application to the city for a permit to install such a sewer, the applicant shall post with the city a surety bond in an amount to be set by the council and made a matter of record in the minutes of said council which shall be an amount equal to not less than 110 percent of the estimated cost as approved by the council for construction for the full distance from the termination point of the presently existing sewer to the point where the furthest boundary of the applicant’s land abuts the public street and which bond shall guarantee the installation of sewer in as short a time as reasonably possible, and shall further indemnify the city for the cost of completing the said project in the event the applicant fails to complete the same within a reasonable time, and shall further hold the city harmless for any and all other damages arising from the installation of the said sewer.

c. After said sewer has been installed, the same shall become the property of the city.

3. Following the installation of a sanitary sewer under the provisions of this chapter, owners of land abutting or adjoining a public street in which such sewer has been installed, being persons other than the builder, shall be obliged to connect sewerage generating facilities into said sanitary sewer, as required in this chapter.

4. Upon receipt by the city of a connection charge in an amount equal to one-half of the actual per foot construction cost of said sewer for the full frontage of each lot so connected, the city shall deduct and retain the fees as provided for in Section 6-2-4(2)(c) and shall remit to the builder the balance of said connection charge. As successive sewerage generating facilities are connected to the said sanitary sewer installation, like sums from each connection charge shall be remitted by the city to said builder, until said builder has been reimbursed for the expense of such installation of sewer, less the non-refundable connection charge provided herein.

5. Each sanitary sewer constructed in a public street or right-of-way, whether constructed by the city or by a private party shall include a stub to each abutting or adjoining lot line of the street of right-of-way on which the sewer is installed. Each party responsible for installing such sewer shall provide the city with an accurate map showing the location of each of such stubs within thirty (30) days of the completion of the installations.

6‑2‑8 PROTECTION FROM DAMAGE.

1. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

6‑2‑9 POWERS AND AUTHORITY TO INSPECTORS.

1. The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Ordinance. The Superintendent or the Superintendent's representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

2. While performing the necessary work on private properties referred to in 6‑2‑7(1), the Superintendent or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by the City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 6‑2‑5(8).

3. The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

6‑2‑10 PENALTIES.

1. Any person found to be violating any provision of this Ordinance except Section 6‑2‑6 shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

2 Any person violating any of the provisions of this Ordinance is liable to the City for any expense, loss, or damage occasioned the City by reason of such violations.

Editor’s Note: Rates and billing procedures for the Sanitary System as set by the City Council may be found in Title VI, Chapter 5, Utilities - Billing Charges.

TITLE VI PHYSICAL ENVIRONMENT

CHAPTER 3 UTILITIES - WATER SYSTEM

6-3-1 DEFINITIONS. For use in this chapter the following terms are defined:

1. “Builder” shall mean the owner, heirs, successors or assigns of land who causes a water main to be installed under the provisions of this chapter.

2. “Consumer” shall mean in addition to any person receiving water service from the city the owner of the property served, as between such parties the duties, responsibilities, liabilities and obligations hereinafter imposed shall be joint and several.

3. “Estimated Cost” shall mean a cost estimate prepared by a registered professional engineer or qualified contractor experienced in the installation of water main pipe and appurtenances.

4. “Superintendent” shall mean the superintendent of the city water system or his duly authorized assistant, agent or representative.

5. “Water Main” shall mean a water supply pipe provided for public or community use.

6. “Water Service Pipe” shall mean the pipe from the water main to the building served.

7. “Water System” or “Water Works” shall mean all public facilities for securing, collecting, storing, pumping, treating and distributing water.

6‑3‑2 ENFORCEMENT. The Superintendent of the city water system shall supervise the installation of water service pipes and their connections to the water main and enforce all regulations pertaining to water services in this City in accordance with this chapter. This chapter shall apply to all replacements of existing service pipes as well as to new ones. The Superintendent shall make such rules, not in conflict with the provisions of this chapter, as needed for the detailed operation of the waterworks, subject to the approval of the City Council. In the event of an emergency the Superintendent may make temporary rules for the protection of the system until due consideration by the City Council may be had.

6‑3‑3 ADOPTION OF STATE PLUMBING CODE. The installation of any water‑service pipe and any connection with the municipal water system shall comply with all pertinent and applicable provisions, whether regulatory, procedural or enforcement provisions, of the State Plumbing Code as amended and as published by the Iowa Department of Public Health, which is hereby adopted.

6-3-4 BONDED PLUMBER REQUIRED. All installations of water service pipes and connections to the water system shall be made by a competent plumber bonded by the city. The bond shall be a surety bond in the sum of one thousand dollars ($1,000.00) secured by a responsible surety bonding company authorized to operate within the state, conditioned to indemnify and save the city harmless against all losses or damages that may arise from or be occasioned by the making of connections with the public sewers or excavations therefor or by carelessness, negligence or unskillfulness in making the same. Such bond shall remain in force and must be executed for a period of one year except that on such expiration it shall remain in force as to all penalties, claims and demands that may have accrued thereunder prior to such expiration.

6‑3‑5 MANDATORY CONNECTIONS. All buildings or portions of buildings used for residential, commercial or industrial purposes; except for accessory buildings primarily used for storage; for equipment, vehicle or animal shelter; or as a small workshop, if no portion is used as a human dwelling, shall contain suitable water service facilities. All water service facilities within a building shall be connected to the public water system, at owner’s expense, if an adequate public water main is located within one hundred fifty (150) feet of any boundary line of the property upon which the building is situated. Otherwise, the water service facilities shall be connected to a private water system which supplies water meeting minimum standards of purity and wholesomeness established by the Iowa Department of Natural Resources, if the building is not furnished with pure and wholesome water from some other source.

6‑3‑6 PERMIT. Before any person, firm, corporation or other association shall make a connection with the public water system, a written permit must be obtained from the Clerk. The application for the permit shall be filed with the Clerk on blanks furnished by the Clerk. The application shall include a legal description of the property, the name of the property owner, the name and address of the person who will do the work, and the general uses of the water. No different or additional uses shall be allowed except by written permission of the Superintendent. The Clerk shall issue the permit, bearing the Clerk’s signature and stating the time of issuance, if the proposed work meets all the requirements of this Ordinance and if all fees required under this Ordinance have been paid. Work under any permit must be begun within six (6) months after it is issued. The Superintendent may at any time revoke the permit for any violation of this Ordinance and require that the work be stopped. The owner or plumber may appeal such action in the manner provided in Section 6‑3‑3 of this Ordinance.

6‑3‑7 FEE FOR PERMIT. Before any permit is issued the person who makes the application shall pay $25.00 to the Clerk to cover the cost of issuing the permit and supervising, regulating and inspecting the work. (See footnote at end of chapter)

6‑3‑8 WATER SUPPLY CONTROL. The plumber who makes the connection to the municipal water system shall install a main shut‑off valve of the inverted key type on the water‑service pipe near the curb with a suitable lock of a pattern approved by the Superintendent. The shut‑off valve shall be covered with a heavy metal cover having the letter "W" marked thereon, visible and even with the pavement or ground. In case any curb stop cock box or any equipment connected therewith becomes covered up so it can not readily be seen, or the top of any curb stop cock box is lost or broken, the Superintendent shall order the owner or agent to repair and replace the same in the proper condition, and if the same is not repaired and placed in proper condition, in the time fixed by the order, the Superintendent shall repair and place the same in proper condition, and charge such expense to the property supplied by such service and report such charge to the clerk. In case such bill is not paid within ten (10) days from presentation, the water may be shut off on order of the clerk.

The plumber also shall install a shut‑off valve and waste cock on every service pipe inside the building near the entrance of the water‑service pipe into the building; this must be located so that the water can be shut off conveniently and the pipes drained. Where one service pipe is installed to supply more than one customer, there shall be separate shut‑off valves inside the building for each customer so that service to one customer can be shut off without interfering with service to the others.

6‑3‑9 MAKING THE CONNECTION. Any connection with the municipal water system must be made under the direct supervision of the Superintendent or the Superintendent's authorized assistant. All taps into water mains shall be made by the superintendent and in accord with the following:

1. No more than one house, building or premises shall be supplied from one tap unless special written permission is obtained from the council and unless a provision is made so that each house, building or premise may be shut off independently of the other.

2. All mains six (6) inches or less in diameter shall receive no larger than a three-fourths (3/4) inch tap. All mains over six (6) inches in diameter shall receive no larger than a one inch tap. Where a larger connection than a one inch tap is desired, two (2) or more small taps or saddles shall be used, as the Superintendent shall order. All taps in the water main must be at least 18 inches apart and on the side and near the top and not in any case within 2 feet of the hub.

3. A brass corporation cock, of the pattern and weight approved by the Superintendent, shall be inserted in every tap in the main. The corporation cock in the main shall in no case be smaller than one size smaller than the service pipe.

4. An accurate and dimensional sketch showing the exact location of the tap shall be filed with the Superintendent in such form as he shall require.

5. The fee for tapping the main and putting in the corporation cock shall be fifteen dollars ($15.00) for each tap.

6. Water service pipes from the main to the meter setting shall be standard weight type K copper or approved PVC or cast iron. Pipe must be laid sufficiently waving, and to such depth as to prevent rupture from settlement or freezing.

6‑3‑10 EXCAVATIONS. All trench work, excavation and backfilling required in making a connection shall be performed in accordance with applicable excavation provisions as provided for installation of building sewers.

6‑3‑11 INSPECTION AND APPROVAL. All water‑service pipes and their connections to the municipal water system must be inspected and approved in writing by the Superintendent before they are covered, and the Superintendent shall keep a record of such approvals. If the Superintendent refuses to approve the work, the plumber or owner must proceed immediately to correct the work so that it will meet with the Superintendent's approval. Every person who uses or intends to use the municipal water system shall permit the Superintendent or the Superintendent's authorized assistants to enter the premises to inspect and make necessary alterations or repairs at all reasonable hours and on proof of authority.

6‑3‑12 COMPLETION BY THE CITY. Should any excavation be left open or partly refilled for twenty‑four (24) hours after the water‑service pipe is installed and connected with the municipal water system, or should the work be improperly done, the Superintendent shall have the right to finish or correct the work, and the City Council shall assess the costs to the property owner or the plumber. If the plumber is assessed, the plumber must pay the costs before the plumber can receive another permit, and the plumber's bond required by the Plumbing Ordinance shall be security for the assessment. If the property owner is assessed, such assessment shall be collected with and in the same manner as general property taxes.

6-3-13 PROPERTY OWNER’S RESPONSIBILITY. 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.

6-3-14 FAILURE TO MAINTAIN. When any corporation cock, water service pipe or curb stop 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.

6-3-15 OPERATION OF CURB STOP. It shall be unlawful for any person except the water Superintendent to turn water on at the curb stop.

6-3-16 CROSS CONNECTION PROHIBITED. There shall be no cross-connections permitted between any existing private water system and the Municipal Waterworks Plant and System.

6-3-17 SUPPLY NOT GUARANTEED. The Municipality does not guarantee a constant supply of water to any consumer and shall not be liable for any damages for any failure to supply the same if for any cause the supply of water shall be shut off to make repairs, connections, or extensions or for any other purpose that may be found necessary. The right is reserved to cut off the supply of water at any time.

6-3-18 ENFORCEMENT. The provisions pertaining to enforcement of sanitary sewer regulations shall be applicable to any violations of this chapter.

6-3-19 ABANDONED CONNECTIONS. When an old 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 cock and made absolutely water-tight.

6‑3‑20 WATER METERS.

1. All water shall be supplied through meters that accurately measure the amount of water supplied to any building, except fire sprinkler systems may be connected to water mains by direct connection without meters under the direct supervision of the superintendent. No open connection can be incorporated in the system, and there shall be no valves except a main control valve at the entrance to the building which must be sealed open.

2. All meters shall be so located that they are easily accessible to meter readers and repair personnel and protected from freezing.

3. The property owner shall have provided all necessary piping and fittings for proper setting of the meter by the city including a check valve on the discharge side and a gate valve on the internal side of the meter. Meter pits may be used only upon approval of the Superintendent and of a design and construction approved by him. All new water meter settings shall be installed with an outside reading device.

4. The Superintendent shall keep all water meters in repair and in working order. The consumer shall be charged for repairs. The cost of any repairs and the removal and replacing of any meter in need of repairs, shall be included in the next bill for water and in case the bill for repairs is not paid with the bill for water, the water shall be shut off from the consumer. All meters shall be tested for accuracy of measurement and if necessary the meters shall be cleaned and any meter that shows a substantial variation shall be condemned or repaired or a new meter placed as the Superintendent decides.

5. The Superintendent shall be permitted to enter the premises of any consumer at any reasonable time to remove of change a meter.

6. There shall be a fee charged to the property owner for each new installation of a water meter in accordance with the schedule of such fees approved by resolution of the Council.

6-3-21 WATER LINE EXTENSIONS.

1. All estimated costs for the installation of water main pipe and appurtenances shall be subject to the approval of the Council and in the event of any disagreement as to the amount of estimated costs, materials to be used or installation methods the determination of the Council shall be final and conclusive.

2. An owner of land abutting or adjoining a public street where no water main has been installed, may make application to the Council for the installation of a water main in said street for the purpose of serving said property in accordance with the following:

a. A written request for such installation, and a sum equal to the total estimated cost of such installation from the point where the water main is presently installed and terminates to the point where the most distant boundary of the owner’s lot abuts the said public street, shall be submitted to the council.

b. Upon receipt of the deposit, the city shall construct the said water main for the purpose of serving the property of the applicant (builder), as soon as such construction can reasonably be accomplished.

c. In the event the actual cost to the city of installation of the water main is in excess of the estimated cost, the builder agrees to reimburse the city for such actual additional cost within thirty days after the presentation of a bill for such additional cost.

d. In the event of the failure of the builder to reimburse the city, as specified in Subsection c above, the total of the additional cost shall be certified to the county auditor as a special assessment lien against the builder’s real estate. In his written request for installation of the water main the land owner shall waive all objections to jurisdiction and rights to notice and consent to the entry of such a special assessment lien against the real estate.

e. The additional cost of installation, as contemplated in Subsections c and d above, shall not exceed one hundred ten (110) percent of the estimated cost.

f. The expense of connecting the property of the builder to the water main laid in the public street shall be borne by him, in addition to the cost of constructing said water main, but such connection shall be under the supervision of the city.

3. In the event an owner of land abutting or adjoining a public street in which no water main has been previously installed desires to construct said water main at his own expense, he may do so, after making proper application to the city and receiving a permit to install such a water main, in accordance with the following:

a. The installation of such a water main by a land owner at his own expense shall be under the strict supervision of the city and shall, in all ways, conform to the requirements and specifications of the city.

b. When making application to the city for a permit to install such a water main, the applicant shall post with the city a surety bond in an amount to be set by the council and made a matter of record in the minutes of said council which shall be an amount equal to not less than one hundred ton (110) percent of the total estimated cost of such installation for the full distance from the termination point of the presently existing water main to the point where the furthest boundary of the applicant’s land abuts the public street, and which bond shall guarantee the installation of the water main in as short a time as reasonably possible, and shall further indemnify the city for the cost of completing the said project in the event the applicant fails to complete the same within a reasonable time, and shall further indemnify the city for all damages to public property incurred in such installation, and shall further hold the city harmless for any and all other damages arising from the installation of the said water main.

c. After the said water main has been installed, the same shall become the property of the city.

d. For purposes of determining connection charges and reimbursement under Sections 6-3-13(4) and (5) below, costs incurred by the owner shall be certified to the city and only so much of said costs as are approved by the city shall be used in determining connection charges and reimbursement as provided hereafter.

4. Following the installation of an extension to the water system under the provisions of this chapter, there shall be paid to the city a connection charge in an amount equal to one-half (1/2) the lineal construction cost for the full width of any lot, tract or parcel of ground to be served by a connection to such water main. Such connection charge shall be paid to the city prior to making any connection to said water main.

5. Upon receipt by the city of any connection charges under Section 6-3-13(4) above, the city shall deduct and retain an amount equal to one-half (1/2) the lineal construction cost for the full width of the builder’s property served by the water main and shall then remit to the builder the balance of such connection charges until said builder has been reimbursed for the expense of such installation less cost attributable to the property of the builder.

6. All decisions in connection with the manner of installation of any extension and maintenance thereof shall remain in the exclusive control of the city and such extension shall be the property of the city and no other person shall have any right, title or interest therein.

Editor’s Note: Rates and billing procedures for the Water System as set by the City Council may be found in Title VI, Chapter 5, Utilities - Billing Charges.

TITLE VI PHYSICAL ENVIRONMENT

CHAPTER 4 UTILITIES - RESOURCE RECOVERY AND REFUSE DISPOSAL

6-4-1 TITLE. This chapter shall be known as the Ely Resource Recovery and Refuse Disposal Ordinance of 1992.

6-4-2 PURPOSE. The purpose of this chapter is to provide for the sanitary storage, collection, and disposal of solid wastes and, thereby, to protect the citizens of the this city from such hazards to their health, safety, and welfare as may result from the uncontrolled disposal of solid wastes.

6‑4‑3 DEFINITIONS.

1. “Aluminum cans” means large aluminum beverage containers.

2. “Approved incinerator” means equipment or facilities for the enclosed burning of refuse having a stack adequate to maintain a draft sufficient for efficient combustion and equipped with a screen sufficiently fine to prevent ejection of particles of burning materials as approved by the Iowa Air Quality Bureau of the Iowa Department of Natural Resources.

3. “Back yard burning” means the disposal of residential waste by open burning on the premises of the property where such waste is generated.

4. “Bulky waste” means large household appliances such as stoves, refrigerators, television sets, washing machines, dryers, logs, and other items of similar size, and fixtures and materials too large to fit into a bag or rigid container. Bulky waste does not include tires, hazardous substances, dead animals, and batteries.

5. “Collection bag” means a plastic, water tight bag securely tied or sealed. The bag shall not exceed 40 lbs. or 33 gallons when full. Collection bags may be used only for refuse.

6. “Construction and demolition waste” means lumber, roofing material, sheathing, rubble, broken concrete, plaster and brick, conduit, pipe, wire insulation, and similar material which results from a construction, demolition, or remodeling process.

7. “Curbside” means the area next to the curb or the traveled portion of the roadway.

8. “Discard” means to place, cause to be placed, throw, deposit, or drop.

9. Dwelling unit” means any room or group of rooms located within a building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating.

10. “Director” or “executive director” means the director of the State Department of Natural Resources or his designee.

11. “Glass containers” means clean bottles and jars made from clear glass. Expressly excluded are window and other non-container glass, porcelain and ceramic products.

12. “Hauler” means the person, firm, or corporation under contract with the City of Ely to collect, convey, and dispose and market recyclables and refuse.

13. “Household” means persons who reside together in a dwelling unit.

14. “Litter” means any garbage, rubbish, trash, refuse, waste materials, or debris.

15. “Milk jug plastic” means #2 clear plastic of the type used for milk.

16. “Newspaper” means paper of the type commonly referred to as newsprint and distributed at fixed intervals, having printed thereon news and opinions, containing advertisements and other matters of public interest. Soiled newspapers are excluded.

17. “Non-collectable waste” includes paint in liquid form, poisons, acids, caustics, explosives, and other hazardous substance that may cause damage or injury to collection equipment or personnel; human or animal excrement and dead animals.

18. “Open burning” means any burning of combustible materials where the products of combustion are emitted into the open air without passing through a chimney or stack.

19. “Open dumping” means the depositing of solid wastes on the surface of the ground or into a body or stream of water.

20. “Owner” shall mean in addition to the record title-holder 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.

21. “Recyclables” mean designated consumer wastes which are collected and marketed for resource recovery. They include newspaper, tin and steel cans, aluminum beverage containers, container glass, and milk jug plastic.

22. “Recycling container” means the identifiable rigid container including lid, designated by the City of Ely for the collection, co-mingling, and disposal of recyclables.

23. “Refuse” means putrescible and non-putrescible wastes, including but not limited to garbage, rubbish, ashes, incinerator residues, street cleanings, market and industrial solid wastes, and sewage treatment wastes in dry or semi-solid form. Recyclables shall be treated as refuse if not properly disposed of as set forth in Section 6-4-14. Refuse excludes household generated hazardous substances.

24. “Rigid container” means a closed, waterproof container not exceeding 33 gallons and 40 lbs. in capacity. It will be a type with tapered sides and handles for easy emptying. Rigid containers may be used for refuse.

25. “Rubble” means stone, brick, or similar inorganic material.

26. “Rubbish” means non-putrescible solid waste consisting of combustible and non-combustible wastes, such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass bedding, crockery, or litter of any kind.

27. “Salvage operation” means any business, industry, or trade engaged wholly or in part in salvaging or reclaiming any product or material, including, but not limited to, chemicals, drums, metals, motor vehicles, or shipping containers.

28. “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.

29. “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 executive director.

30. “Solid waste” shall mean garbage, refuse, rubbish, and other similar discarded solid or semi-solid 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.

31. “Tags” mean the tag designated by the City of Ely which is placed on refuse and bulky waste to indicate that the disposal fee has been paid.

32. “Tin and steel cans” mean a clean container made of tin coated iron or steel in which food or beverages were preserved.

33. “Toxic and hazardous wastes” mean waste materials, including but not limited to poisons, pesticides, herbicides, acids, caustics, pathological wastes, flammable or explosive materials, and similar harmful wastes which require special handling and which must be disposed of in such a manner as to conserve the environment and protect the public health and safety.

34. “Yard wastes” means organic debris, e.g., grass clippings, leaves, small hedge or brush trimmings up to 1/4 inch maximum in diameter (for bagging), bark, branches, tree limbs (for bundling), flowers, etc. which are produced as part of yard and garden development and maintenance.

6-4-4 COMPLIANCE REQUIRED. All persons residing in dwelling units located within the city limits of Ely shall dispose of refuse and bulky waste in compliance with the provisions of this ordinance. Recyclables may be diverted from each dwelling unit’s refuse and disposed of in compliance with 6-4-14. All residential solid waste shall be prepared for disposal as set forth in this ordinance. The hauler may refuse to collect improperly prepared material.

6-4-5 HEALTH HAZARD. It shall be unlawful for any person to permit to accumulate on any premises, improved or vacant, or on any public place, such quantities of solid waste, either in containers or not, that shall constitute a health or sanitation hazard.

6-4-6 FIRE HAZARD. It shall be unlawful for any person to permit to accumulate quantities of solid waste or close to any building, unless the same is stored in containers in such a manner as not to create a fire hazard.

6-4-7 COLLECTOR’S LICENSE. No person shall engage in the business of collecting, transporting, processing, or disposing of solid waste other than his own within the city without first obtaining from the city an annual license in accordance with the following:

1. Application. Application for a solid waste collector’s license shall be made to the clerk and provide the following:

a. Name and Address. The full name and address of the applicant, and if a corporation, the names and addresses of the officers thereof.

b. Equipment. A complete and accurate listing of the number and type of collection and transportation equipment to be used.

c. Collection Program. A complete description of the frequency, routes, and method of collection and transportation to be used.

d. Disposal. A statement as to the precise location and method of disposal or processing facilities to be used.

2. Insurance. No collector’s license shall be issued until and unless the applicant therefor, in addition to all other requirements set forth, shall file and maintain with the city evidence of satisfactory public liability insurance covering all operations of the applicant pertaining to such business and all equipment and vehicles to be operated in the conduct thereof in the following minimum amounts:

Bodily Injury: $100,000 per person.

$300,000 per occurrence.

Property Damage: $ 50,000.

Each insurance policy required hereunder shall include as a part thereof provisions requiring the insurance carrier to notify the city of the expiration, cancellation, or other termination of coverage not less than ten (10) days prior to the effective date of such action.

3. License Fee. A license fee in the amount of twenty-five (25) dollars shall accompany the application. In the event the requested license is not granted, the fee paid shall be refunded to the applicant.

4. License Issued. If the council upon investigation finds the application to be in order and determines that the applicant will collect, transport, process, or dispose of solid waste without hazard to the public health or damage to the environment and in conformity with law and ordinance, the requested license shall be issued to be effective for a period of one year from the date approved.

5. License Renewal. An annual license may be renewed simply upon payment of the required fee if operated in substantially the same manner as provided in the original application and by providing the clerk with a current listing of vehicles, equipment, and facilities in use.

6. License Not Transferable. No license authorized by this article may be transferred to another person.

7. Owner May Transport. Nothing herein is to be construed so as to prevent the owner from transporting solid waste accumulating upon premises owned, occupied, or used by him, provided such refuse is disposed of properly in an approved sanitary disposal project.

8. Grading or Excavation Excepted. No license or permit shall be required for the removal, hauling, or disposal of earth and rock material from grading or excavation activities, however, all such materials shall be conveyed in tight vehicles, trucks, or receptacles so constructed and maintained that none of the material being transported shall spill upon the public right of way.

6-4-8 COLLECTION SCHEDULE.

1. Refuse shall be prepared as set forth in Section 6-4-13 and collected weekly at the curbside. The City shall determine the weekday and hours of collection and may substitute for holidays.

2. Recyclables shall be prepared as set forth in Section 6-4-14 and will be collected weekly on the same day as refuse.

3. Bulky waste shall be collected by arrangement with the hauler.

6-4-9 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 leakproof, durable, and of easily cleanable construction. They shall be cleaned to prevent nuisances, pollution, or insect breeding, and shall be maintained in good order.

6-4-10 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 he vehicle or container and the area properly cleaned.

6-4-11 SANITARY DISPOSAL PROJECT DESIGNATED. The official “Public Sanitary Disposal Project” for the disposal of solid waste produced or originating within the city will be as designated by resolution.

6-4-12 PRIVATE SANITARY DISPOSAL PROJECT. No person may establish and operate a private sanitary disposal project within the city.

6-4-13 REFUSE.

1. Refuse shall be drained of liquid and placed within an approved collection bag or rigid container.

2. A tag shall be prominently attached to each collection bag or rigid container set on the curbside for collection.

3. Full rigid containers or collection bags shall be placed on the curbside for collection on and no sooner than twelve hours before the next scheduled collection date. Emptied containers should be removed from the curbside the day of collection.

6-4-14 RECYCLABLES.

1. Each dwelling unit shall be provided with a recycling container. (The recycling container is and remains the property of the City).

2. Recyclables shall be co-mingled and must be placed in the recycling container and the lid shall be firmly affixed, if possible. The container shall be placed on the curbside for collection.

3. Only items designated as recyclables shall be included within the container.

4. Each dwelling unit is responsible for the security of the recycling container. Lost or stolen containers may be replaced at the expense of the owner or renter of the property from City Hall.

6-4-15 BULKY WASTE.

1. The City Clerk shall maintain a schedule of fees for the collection of bulky waste.

2. Bulky waste shall be collected by arrangement with the hauler.

6-4-16 YARD WASTE.

1. All yard wastes shall be separated by the owner from all other solid waste accumulated on the premises and disposed of according to procedures required by the City from time to time in appropriate resolutions.

2. Tree limbs less than four (4) inches in diameter and brush shall be securely tied in bundles not larger than forty-eight (48) inches long and eighteen (18) inches in diameter when not placed in storage containers. The weight of any individual bundle or container shall not exceed seventy-five (75) pounds.

3. Bags and bundles containing yard waste must be placed three (3) to six (6) feet from other garbage in refuse containers.

4. Yard waste shall not be placed at the curb side more than twelve (12) hours in advance of the regularly scheduled collection date.

6-4-17 TOXIC AND HAZARDOUS WASTES. The collection, storage, and disposal of toxic and hazardous wastes shall be subject to the following:

1. Labeling. All containers used for the storage, collection, or transportation of toxic or hazardous wastes shall be plainly marked so as to provide adequate notice of the contents thereof.

2. Vehicles and Containers. All vehicles and containers used for the storage, collection, and transportation of toxic and hazardous wastes shall be so constructed that they can be loaded, moved, and unloaded in a manner that does not create a danger to public health or safety and in compliance with federal and state laws, rules, and regulations.

3. Disposal. No person shall deposit in a solid waste container or otherwise offer for collection any toxic or hazardous wastes. Such materials shall be transported by the owner, responsible person, or his agent, to a place of safe deposit or disposal as prescribed by the director of the State Department of Natural Resources.

6-4-18 RADIOACTIVE MATERIALS. Materials that are radioactive shall not be disposed of in a sanitary disposal project. Luminous timepieces are exempt.

6-4-19 STORAGE OF WASTE. Residential solid waste shall be stored in a manner so as not to create a nuisance or endanger the public.

6-4-20 ANTI-SCAVENGING. From the time of placement of the recycling container on the curbside, the contents thereof shall become the property of the City of Ely. The contents shall be collected only by the hauler or his designee. Unauthorized collection of said contents shall be a violation of this ordinance and punishable as set forth in Chapter 3, Title I of the City Code.

6-4-21 DUMPING PROHIBITED. There shall be no dumping of residential solid waste, construction and demolition waste, or non-collectable waste within the City of Ely or within privately owned dumpsters.

6-4-22 EXCEPTIONS. Nothing in this chapter shall prohibit the filling, leveling, or grading of land with earth, sand, dirt, stone, brick, gravel, rock, rubble, or similar inert wastes provided the materials are not contaminated or mixed with combustible, putrescible, or other waste materials, nor to the disposal of animal and agricultural wastes on land used or operated for farming.

6-4-23 SANITARY DISPOSAL REQUIRED. It shall be the duty of each owner to provide for the sanitary disposal of all refuse accumulating on his 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 2 of Title III of the City Code, or by initiating proper action in district court.

6-4-24 PROHIBITED PRACTICES. It shall be unlawful for any person to:

1. Deposit refuse in any solid waste containers other than his own without the written consent of the owner of such containers.

2. 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. Dispose of refuse at a facility or location which is not an approved sanitary disposal project.

4. Engage in the business of collecting, transporting, processing, or disposing of refuse within the city without a contract therefor with the city or a valid permit therefor.

5. Burn rubbish or garbage except in approved incinerators so maintained and operated as to prevent the emission of objectionable odors or particulate matter.

6-4-25 OPEN BURNING RESTRICTED. No person shall allow, or cause to permit open burning of combustible materials, except that the following shall be permitted:

1. Disaster Rubbish. The open burning of rubbish, including yard waste, for the duration of the community disaster period in cases where an officially declared emergency condition exists.

2. Trees and Tree Trimmings. The open burning of trees and tree trimmings not originated on the premises provided that the burning site is operated by a local governmental entity, the burning site is fenced and access is controlled, burning is conducted on a regularly scheduled basis and is supervised at all times, burning is conducted only when weather conditions are favorable with respect to surrounding property, and the burning site is limited to areas at least one-quarter mile from any inhabited building. However, when the open burning of trees and tree trimmings causes air pollution as defined in Iowa Code Section 455B.131(3), the department may take appropriate action to secure relocation of the burning operation. Rubber tires shall not be used to ignite trees and tree trimmings.

3. Flare Stacks. The open burning or flaring of waste gases, provided such open burning or flaring is conducted in compliance with applicable rules of the State Department of Natural Resources.

4. Yard Waste. The disposal by open burning of yard waste originating on the premises. However, the burning of yard waste produced in clearing, grubbing, and construction operations shall be limited to areas located at least one-fourth (1/4) mile from any inhabited building. Rubber tires shall not be used to ignite yard waste.

5. Recreational Fires. Open fires for cooking, heating, recreation, and ceremonies, provided they comply with the limits for emission of visible air contaminants established by the State Department of Natural Resources.

6. Back Yard Burning. Back yard burning of residential waste at dwellings of four-family units or less.

7. Training Fires. Fires set for the purpose of bona fide training of public or industrial employees in fire fighting methods, provided the director of the State Department of Natural Resources receives notice in writing at least one week before such action commences.

8. Variance. Any person wishing to conduct open burning of materials not exempted herein may make application for a variance to the executive director of the State Department of Natural Resources.

6-4-26 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 and in any case where doubt exists as to which occupant of the motor vehicle actually discarded the litter.

Editor’s Note: Ordinance No. 129, Ely Resource Recovery and Refuse Disposal Ordinance of 1992, was passed and approved by the Ely City Council on September 28, 1992. Provisions relating to billing and rates for collection of refuse and recyclables is included in Chapter 5 of Title VI for the purposes of the City Code.

TITLE VI PHYSICAL ENVIRONMENT

CHAPTER 5 UTILITIES - BILLING CHARGES

6-5-1 Utility Defined 6-5-7 Determination and Payment of Sewer

6-5-2 Districts Rent from Premises Served with Private

6-5-3 Disposition of Fees and Charges Water Systems

6-5-4 Water Rates 6-5-8 Liability for Sanitary Sewer Service

6-5-5 Refuse Collection Rates and Manner of 6-5-9 Special Agreements for Sewer Service

Collection Permitted

6-5-6 Rate of Sewer Rental and Manner of 6-5-10 Liens for Non-Payment

Payment

6-5-1 UTILITY DEFINED. For use in this chapter, utility is the sewer and water systems operated by the City, and refuse collection which may or may not be operated by the city.

6-5-2 DISTRICTS. There shall be one sewer and water district which encompasses all of the City of Ely, Iowa.

6-5-3 DISPOSITION OF FEES AND CHARGES. All money received under this chapter shall be deposited in the City treasury not later than the last day of the month in which it was received and a written report of the amount and source of the fees and charges shall be on file with the City Clerk.

6-5-4 WATER RATES.

1. Each consumer shall pay for water service provided him by the city based upon his use of water as determined by meters provided for in Chapter 3 of this Title. Each location, building, premises or connection shall be considered a separate and distinct consumer whether owned or controlled by the same person or not.

2. Water shall be furnished at the following monthly rates:

a. Resident Customers.

0 to 1,999 gallons: $12.00 (minimum charge)

2,000 to 3,999 gallons: $12.00 + $ .97 per 1,000 gallons over 2,000 gallons

4,000 to 8,999 gallons: $13.94 + $1.29 per 1,000 gallons over 3,999 gallons

8,000 gallons or more: $20.39 + $1.93 per 1,000 gallons over 8,999 gallons

b. Non-resident Customers and Bulk Purchasers. Non-resident customers of water service and bulk purchasers of city water shall be charged a sum equal to one and one-half (1 1/2) times the monthly rate charged to resident customers above. For bulk purchasers, this charge is for each purchase.

3. Water service shall be provided any consumer located outside the corporate limits of the city which the city has agreed to serve at the rates provided in 6-5-4(2). No such consumer, however, will be served unless he shall have signed a service contract agreeing to be bound by the ordinances, rules and regulations applying to water service established by the council.

4. Water meters shall be read monthly.

5. Bills for water service (and other services described in this chapter) shall be due and payable monthly on or before the 15th day after the end of each month. All billings for water (and other services as described in this chapter) shall be due and payable at the office of the clerk. If any water bill is not paid within the fifteen (15) day period referenced above, it shall be considered delinquent and shall be assessed a penalty to be added to the water bill consisting of the larger of either two dollars ($2.00) or one and one-half (1 1/2) percent of the unpaid balance. If more than one billing is necessary on delinquent bills, they will be added to subsequent billings along with the penalties. The penalty for subsequent bills, if they become delinquent, shall be assessed upon the unpaid balance which shall include all previously assessed penalties.

6. The owner of a property which receives water service shall be responsible for the payment

of all charges and fees associated with the provision of water service for such property.

7. At its sole option and as a convenience to property owners that lease or rent property to others, the city may, by written agreement, bill lessees or tenants for charges for water delivered to a property during such rental or lease period. Billing of lessees or tenants as authorized in this chapter shall not be initiated until executed agreements with the property owner and tenant have been filed with the city.

8. If the meter fails to register the quantity of water, the quantity shall be determined and the charge made, based upon the average quantity registered during such preceding period of time, prior to the date of failure to register as the superintendent of the water department shall decide.

9. No reduction will be made on account of leakage after the water has passed through the meter.

10. After the initial water connection in accordance with the application, permit, and other requirements of Chapter 3 of Title VI, water service and charges for such service shall begin and terminate as follows:

a. Every person desiring a new water service, a resumption of water service, or a termination of water service shall make application therefore to the city clerk on a form provided by the clerk specifying the location of the premises for which and the date upon which water service or the termination thereof is desired. Each application shall be accompanied by a fee in the amount of ten dollars ($10.00) for either turning on or off the water supply to the described premises. Applications will be accepted only from current occupants or owners of the premises described in the application in the case of applicants for new service. Applications to terminate service will be accepted only from those persons who have been paying the water bills for the premises in the past, except in the case of an owner who can establish that a change in occupancy has occurred.

b. In the case of applications for new service or resumption thereof, the application shall also be accompanied by a deposit in the amount of twenty dollars ($20.00) by the applicant. The city clerk shall hold same as security for the future payment of water, sewer, and garbage bills. This deposit shall be returned to the applicant upon termination of service in accordance with the above requirements if all bills are paid and recycling container and lid are returned to City Hall in reusable condition. Otherwise, upon termination of service, the balance of the deposit, if any, will be returned to the applicant after applying the deposit towards outstanding bills.

c. Water service may be involuntarily terminated by the City of Ely for any consumer who has allowed any water, sewer or garbage bill to become delinquent in the following manner:

(1) The city clerk shall notify each delinquent consumer that water service will be discontinued if payment, including late payment charges, upon all delinquent bills is not received within fifteen (15) days of the date of the notice. The notice shall be in writing and sent by regular first class mail to the delinquent customer at the premises served by the water system or to the customer’s last known address, if different from the served premises.

(2) The superintendent shall shut off the supply of water to any delinquent

Consumer who has received the above required notice and who, not having contested the amount billed in good faith, has failed to make payment by the time demanded in the notice.

(3) Delinquent consumers who have had their water service involuntarily terminated in accordance with

this paragraph shall be treated as if they were new applicants for service should they desire a resumption of service except that in addition to the payment of the turn on fee and a new deposit, all past delinquent bills and charges, including fee for turning off the water service must be paid before the application for resumption can be accepted.

d. Upon notice by the City Clerk that all of the above requirements have been complied with, the superintendent shall either begin or terminate water service by either turning on or turning off the water supply at the curb stop, or other stop appropriate to the type of premises served in accordance with the applicant’s desires as set forth in the application submitted under 6-5-4(10)(a).

e. Upon request, made in writing to the City Clerk, the City may discontinue billing for water, sewer and sanitation services on a temporary basis.

(Changed by Ordinance No. 168 10/15/01)

(Changed by Ordinance No. 171 01/13/03)

6-5-5 REFUSE COLLECTION RATES AND MANNER OF COLLECTION.

1. Manner of Collection.

a. The City of Ely shall bill the record owner of each property for the basic service fee for each dwelling unit. The charges will be billed monthly with the sewer and water bills.

b. The owner of any property whose basic service fee account becomes delinquent and unpaid for a period of one month from the due date thereof shall be automatically subject to suspension of service for that property.

c. If unpaid, those charges shall be a lien on the property in question. They may be collected in the same manner as delinquent taxes.

d. Tags may be purchased at City Hall or from participating merchants.

e. Hauler shall weigh in and out at Krob Elevator in such a way to generate separate data for residential and commercial data.

2. Rates.

a. The owner of record shall pay a basic solid waste collection service fee of $7.00 per month for each dwelling unit.

b. Tags shall cost $1.00 each. Tags may be purchased at City Hall or from participating merchants. They must be used for refuse and bulky waste as follows:

(1) Regular Trash: 1 tag to each container, with a limit of 40 pounds per container.

(2) Tags for large items: The following items will require a different colored tag so marked for special pick-up:

Stove 6 tags

Water heater 6 tags

Refrigerator or freezer 10 tags

Washer 8 tags

Dryer 6 tags

Air conditioner 6 tags

Straight-back chair 1 tag

Stuffed chair 2 tags

Lamp 1 tag

Sofa 4 tags

Sofa Bed 6 tags

Carpet (12’ x 12’) 4 tags

Mattress 3 tags

Box springs 3 tags

Dresser 4 tags

All other items 1 tag per 40 lbs.

(3) Each tag shall cost $1.00.

c. Yard waste tags shall cost $2.00 each. All cans and bundles shall be tagged.

(Changed by Ordinance No. 129)

6-5-6 RATE OF SEWER RENTAL AND MANNER OF PAYMENT. Each premise shall pay a sewer rental in the amount of one hundred twenty-five (125) percent of the bill for water and water service attributable to the premises for the premises served. Premises having more than one family or business unit located thereon and served by the sewer system, but having only one water bill for the entire premises shall be charged the normal rent as set forth above and, for each additional family or business unit located thereon and served by a connection to the sewer system, an additional amount of one hundred twenty-five (125) percent of a minimum water bill under the water works ordinances and amendments thereto, of the City of Ely, Iowa. Home operated businesses, which are permitted under residential zoning ordinances of the City of Ely shall not be considered as an additional business unit under the provisions of this section. The rent shall be paid with the water bill at the same time as payment of the water bill is due and under the same condition as to penalty for late payment, at the office of the City Clerk, beginning with the next payment after the enactment of this Ordinance, or, if connection has not been made, after the connection to the sewer system is made. The provisions stated herein shall apply to each and every premises within the corporate limits of the City of Ely, except where, in the judgment of the superintendent and the council, special conditions exist to the extent that the application of the sewer rental provided herein would be inequitable or unfair to either the city or the premises, a special rate shall be proposed by the superintendent and submitted to the council for approval by resolution. Each premise acquiring a second water meter solely for irrigation purposes shall not be liable for water permit fee or water tap fee and no sewer rental fee shall be assessed on that second meter.

(Changed by Ordinance No. 168 10/15/01)

(Changed by Ordinance No. 171 01/13/03)

6-5-7 DETERMINATION AND PAYMENT OF SEWER RENT FROM PREMISES WITH PRIVATE WATER

SYSTEMS. Users whose premises have a private water system shall pay a sewer rent set by the council by an estimate agreed to by the property owner or by metering the water system. The rates shall be the same as provided in Section 6-5-4 applied as if a City water bill were to be paid. Rent shall be paid at the same time and place as provided in Section 6-5-4.

(Changed by Ordinance No. 168 10/15/01)

6-5-8 LIABILITY FOR SANITARY SEWER SERVICE. The owner of the premises served by the sanitary sewer service shall be severally liable for the sewer service provided said premises.

(Changed by Ordinance No. 168 10/15/01)

6-5-9 SPECIAL AGREEMENTS FOR SEWER SERVICE PERMITTED. No statement in this chapter shall be construed as preventing a special agreement, arrangement or contract between the council, and any industrial concern whereby industrial waste of unusual strength or character may be accepted subject to special conditions, rate and cost as established by the council.

6-5-10 LIENS FOR NON-PAYMENT. Water service, refuse collection, and sewer rental balances remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified by the clerk to the county auditor for collection in the same manner as property taxes.

TITLE VI PHYSICAL ENVIRONMENT

CHAPTER 6 STREET CUTS AND EXCAVATIONS

6-8-1 PURPOSE. The purpose of this chapter is to improve and maintain sidewalks in a safe condition, to require owners of abutting property to maintain, repair, replace, construct or reconstruct sidewalks.

6-8-2 DEFINITIONS. As used in this chapter, the following terms have these meanings:

1. Defective Sidewalk. Any public sidewalk exhibiting one or more of the following characteristics:

a. vertical separations equal to three-fourths (3/4) inch or more.

b. horizontal separations equal to three-fourths (3/4) inch or more.

c. holes or depressions equal to three-fourths (3/4) inch or more and at least four (4) inches in diameter.

d. spalling over fifty (50) percent of the surface of a single square of the sidewalk with one or more depressions equal to one-half (1/2) inch or more.

e. spalling over less than fifty (50) percent of a single square of the sidewalk with one or more depressions equal to three-fourths (3/4) 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 design or construction grade equal to or greater than three-fourths (3/4) inch per foot.

2. Sidewalk Improvements. The construction, reconstruction, repair, replacement, or removal of a public sidewalk or the excavating, filling, or depositing of material in the public right-of-way in connection therewith.

3. Owner. The person owning the fee title or the contract purchaser for purposes of notification required herein. For all other purposes, "owner" shall include the lessee, or person in possession.

4. Established Grade. That grade established by this city for the particular area in which a sidewalk is to be constructed.

5. Once-course Construction. Placing the full thickness of the concrete at one time, using the same mixture throughout.

6. Portland Cement Concrete. Any type of cement except bituminous cement.

7. Sidewalk. All permanent public walks in business, residential, or suburban areas.

6-8-3 CLEANING SNOW, ICE, AND ACCUMULATIONS. It shall be the duty of the owner to keep sidewalks abutting the owner's property clear of the natural accumulations of snow or ice. If the owner fails to do so within twenty four (24) hours after deposit of accumulation, the Mayor may have the natural accumulations of snow or ice removed without notice to the property owner. The Mayor shall give the Council an itemized and verified statement of the removal costs and a legal description of the property at the next regular Council meeting. The costs shall be reviewed by the Council, and if found correct, shall be assessed against the property as taxes. The City Clerk shall be directed to certify the costs to the County Auditor for collection as provided in Section 364.12 of the Code of Iowa.

6-8-4 MAINTENANCE RESPONSIBILITY. The abutting property owner or owners shall be responsible for the repair, replacement or reconstruction of all broken or defective sidewalks to a safe condition and to maintain in a safe condition all sidewalks in the abutting street right-of-way.

6-8-5 LIABILITY OF ABUTTING OWNER. In the event the owner of property abutting any public sidewalk fails or refuses to perform any act required of them by this Ordinance and in the event an action is brought against the City for personal injuries alleged to have been caused by a defect in or the condition of said sidewalk, the City may notify in writing the said abutting owner that it claims the injury was caused by their negligence and/or their failure to repair the defect or eliminate the condition complained of. The notice shall state the pendency of the action, the name of the plaintiff, the name and location of the court where the action is pending, a brief statement of the alleged facts from which the cause arose, that the City believes that the person notified is liable to it for any judgment rendered against the City, and asking the person to appear and defend.

A judgment obtained in the suit is conclusive in any action by the City against any person so notified, as to the existence of the defect or condition 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.

6-8-6 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 him 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.

6-8-7 ORDERING SIDEWALK IMPROVEMENTS. The City Council may by resolution order the construction, reconstruction, repair, or replacement of permanent sidewalks upon any street or court. If the owners of a majority of the linear feet of the property fronting on the improvement, petition the council therefore, new permanent sidewalks shall not be required unless three-fourths (3/4) of all the members of the council, by resolution, order the making thereof, all in accordance with state law for special assessments. Notice of this order shall be sent to the owner by certified mail. The notice shall include the fact that the owner may request a hearing by the Council within fifteen (15) days or receipt of the notice.

6-8-8 REPAIRING DEFECTIVE SIDEWALKS. It shall be the duty of the abutting property owner at any time, or upon receipt of thirty (30) days' notice from the City, to repair, replace, or reconstruct all broken or defective sidewalks in the abutting street right-of-way. If, after the expiration of the thirty (30) days as provided in the notice, the required work has not been done or is not in the process of completion, the Mayor shall order the work to proceed to repair, replace, or reconstruct the sidewalk. Upon completion of the work, the Mayor shall submit to the Council an itemized and verified statement of expenditures for material and labor, and the legal description of the property abutting the sidewalk on which work has been performed. These costs shall be assessed to the property as taxes. The City Clerk shall be directed to certify the costs to the County Treasurer for collection as provided in Section 364.12 of the Code of Iowa.

6-8-9 NOTICE OF INABILITY TO REPAIR OR BARRICADE. It shall be the duty of the owner of the property abutting the sidewalk, or of the contractor or agent of the owner, to notify the City immediately in the event the owner is unable to make necessary sidewalk improvements or to install or erect warnings and barricades as required by this chapter.

6-8-10 STANDARD SIDEWALK SPECIFICATIONS. Sidewalks constructed, repaired, or replaced under the provisions of this chapter shall be of the following construction and meet the following standards:

1. Portland cement concrete shall be the only material used in the construction and repair of sidewalks unless otherwise authorized by the City Council.

2. Sidewalks shall be on one-course construction.

3. Concrete may be placed directly on compact and well-drained soil. Where soil is not well drained, a three (3) or a four (4) inch sub-base of compact, clean, coarse gravel, sand, or cinders shall be laid. The adequacy of the soil drainage is to be determined by the city engineer.

4. The sidewalk bed shall be graded to the established grade.

5. Residential sidewalks shall be at least four (4) feet wide, or match existing sidewalks, and four (4) inches thick, and each section shall be no more than four (4) feet in length. In the central business district, sidewalks shall extend from the property line to the curb unless the Council shall establish a different distance due to the circumstances. Each section shall be four (4) inches thick and no more than six (6) feet in length and width. All driveway areas shall not be less than six (6) inches in thickness.

6. Residential sidewalks shall be located with the inner edge (edge nearest the abutting private property) on the property line, unless the Council shall establish a different distance due to the circumstances.

7. All elevations of sidewalks are to be established by the City Council with assistance from the Superintendent of Public Works on a case-by-case basis.

8. All sidewalks shall slope at least one-quarter (1/4) inch per foot toward the curb, but in no event more than one-half (1/2) inch per foot toward the curb.

9. All sidewalks shall have a finish according to standard sidewalk specifications in standard engineering practices.

10. Ramps for the handicapped. There shall not be less than two (2) curb cuts or ramps per lineal block which shall be located on or near the cross-walks at intersections. Each curb cut or ramp shall be at last thirty (30) inches wide, shall be sloped at not greater than one inch of rise per twelve (12) inches lineal distance, except that a slope no greater than one inch of rise per eight (8) inches lineal distance may be used where necessary, shall have a nonskid surface, and shall otherwise by so constructed as to allow reasonable access to the crosswalk for physically handicapped persons using the sidewalk.

11. All sidewalk improvements on public property, whether performed by the owner of the abutting property or by the City, shall be performed under the supervision and inspection of the City, and in accordance with the standard sidewalk specifications set forth in this chapter.

12. Grade. Curb tops shall be on level with the center line of the street which shall be the established grade.

13. Elevations. The street edge of a sidewalk shall be at an elevation even with the curb at the curb or not less than one-half (1/2) inch above the curb for each foot between the curb and the sidewalk.

6-8-11 PERMITS FOR CONSTRUCTION OR REMOVAL. No person shall make any sidewalk improvements unless such person shall obtain a permit from the City Clerk. The permit shall state that the person will comply with the Ordinances of the City and with the specifications for sidewalks adopted by the City. The permit also shall state that the work will be done with the approval of the City. All such permits shall be issued without charge and a copy thereof, with the application, shall be filed and preserved in the office of the City Clerk. The permit shall state when the work is to be commenced and when the work is to be completed. The time of completion for the sidewalk improvements may be extended by the City Council. All permits for sidewalk improvements not ordered by resolution of the City Council shall be issued in compliance with this chapter. The City Council may withhold the issuance of any permit for any sidewalk improvements for a sufficient period to determine the necessity for the proposed improvements or when weather conditions will adversely affect the sidewalk improvements.

6-8-12 INDEMNIFICATION. Any person securing a permit as required above shall agree to hold the city free from all liability for damages on account of injuries received by anyone through negligence of such person of his agents or employees in making the sidewalk improvements, or by reason of such person’s failure to properly guard the premises.

6-8-13 FAILURE TO OBTAIN PERMIT; REMEDIES. Whenever any sidewalk improvements are made that do not conform to the provisions of this chapter and with the specifications, or when any sidewalk improvements are made without a permit, the Mayor shall serve notice to obtain a permit upon the property owner and upon the contractor doing the work. If the sidewalk is in the course of construction, the notice shall order the work to stop until a permit is obtained and the work is corrected to comply with the specifications. If the sidewalk work has been completed, the owner shall obtain a permit immediately and perform any needed corrections within five (5) days from receipt of the permit. If the owner fails to comply with this notice, the Mayor shall have the work completed and the costs assessed to the property owner as provided in this chapter.

6-8-14 INSPECTION AND APPROVAL. Upon final completion, the City shall inspect the work and may order corrections if the work does not meet specifications. When the work does meet all requirements of this chapter, the specifications, and the permit, the City shall indicate this on both copies of the permit.

6-8-15 BARRICADES AND WARNING LIGHTS. Whenever any material of any kind shall be 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 constructor 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.

6-8-16 INTERFERENCE WITH SIDEWALK IMPROVEMENTS. No person shall knowingly or willfully drive any vehicle upon any portion of any sidewalk or approach thereto while it is 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 or warning device provided by this chapter.

6-8-17 SPECIAL ASSESSMENTS FOR CONSTRUCTION AND REPAIR. The City Council may assess the cost of initial construction, improvements, and/or repair of sidewalks in the City according to the special assessment procedures established in Chapter 384, division IV, Code of Iowa.

6-8-18 NOTICE OF ASSESSMENT FOR REPAIR OR CLEANING COSTS. When the Mayor submits a bill for sidewalk improvements or for removal of accumulations as provided in this chapter, the City Clerk shall send a notice of such facts to the owner of the abutting property. The notice may be given either by personal service or by certified mail to the last known address of the owner. The notice shall contain a statement of the work performed, the cost of the work that is being assessed, a description of the property affected, and the fact that the person may pay the amount assessed within thirty (30) days without interest or penalty. The notice also shall indicate that the person may object to such assessment and given the place and time at which Council will hear such objections. The time set for hearing shall be at least fifteen (15) days after the service or mailing of the notice.

6-8-19 HEARING AND ASSESSMENT. At the time and place designed in the Notice, the Council shall consider all objections to the assessment, correct all errors or omissions, and adopt a corrected list as the amounts to be assessed against the property.

6-8-20 BILLING AND CERTIFYING TO COUNTY. Thirty (30) days after the Council's decision, the City Clerk shall certify any unpaid amounts to the County Treasurer. The unpaid assessments shall constitute a lien against the property and shall be collected by the County Treasurer in the same manner as other taxes. Any assessment that exceeds $100 may be paid in installments as set by Council, not exceeding ten, in the same manner and at the same interest rates as for special assessments under Chapter 384, division IV, Code of Iowa. No interest shall be charged for assessments, or parts thereof, paid within thirty (30) days of the time the Council determined the final amounts.

6-8-21 AWNINGS. It shall be unlawful for a person to erect or maintain any awning over any sidewalk unless all parts of the awning are elevated at least seven (7) feet above the surface of the street or sidewalk and the roof or covering is made of duck, canvas, or other suitable material supported by iron frames or brackets securely fastened to the building, without any posts or other device that will obstruct the sidewalk or hinder or interfere with the free passage of pedestrians.

6-8-22 ENCROACHING STEPS. It shall be 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.

6-8-23 OPENINGS AND ENCLOSURES. It shall be 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.

6-8-24 FIRES ON SIDEWALKS. It shall be unlawful for a person to make a fire of any kind on any sidewalk.

6-8-25 FUEL ON SIDEWALK. It shall be unlawful for a person to place or allow any fuel to remain upon any sidewalk.

6-8-26 DEFACING. It shall be unlawful for a person to scatter or place any paste, paint, or writing on any sidewalk.

6-8-27 MERCHANDISE DISPLAY. It shall be 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.

6-8-28 SALES STANDS OR VENDING MACHINES. It shall be unlawful for a person to erect or keep any stand or vending machines for the sale of fruit, vegetables, candy, soft drinks, or other substances or commodities on any sidewalk without first obtaining a written permit from the council.

TITLE VI PHYSICAL ENVIRONMENT

CHAPTER 9 NAMING OF STREETS

6-9-1 Naming New Streets 6-9-4 Official Street Name Map

6-9-2 Changing Name of Street 6-9-5 Revision of Street Name Map

6-9-3 Recording Street Names

6-9-1 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. Ordinance. All street names, except streets named as a part of subdivision or platting procedure, shall be named by ordinance.

3. Planning Commission. Proposed street names shall be referred to the planning commission for review and recommendation.

6-9-2 CHANGING NAME OF STREET. The council maychange the name of a street.

6-9-3 RECORDING STREET NAMES. Following adoption of an ordinance naming or changing the name of a street, the mayor and clerk shall certify and file a copy thereof with the county recorder and county auditor.

6-9-4 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 6-9-4 of the City Code of Ely, Iowa.”

6-9-5 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 amendment 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. No amendment to this article which involves naming or changing the name of a street shall become effective until after such change and entry has been made on said map.

TITLE VI PHYSICAL ENVIRONMENT

CHAPTER 10 VACATION AND DISPOSAL

6-10-1 Power to Vacate 6-10-4 Findings Required

6-10-2 Plan Commission 6-10-5 Disposal of Streets or Alleys

6-10-3 Notice of Vacation Hearing 6-10-6 Disposal by Gift Limited

6-10-1 POWER TO VACATE. When, in the judgment of the council, it would be in the best interest of the city to vacate a street or alley or portion thereof, they may do so in accordance with the provisions of this chapter.

6-10-2 PLAN COMMISSION. Any proposal to vacate a street or alley shall be referred by the council to the planning commission for its study and recommendation prior to further consideration by the council. The planning commission shall submit a written report including recommendations to the council within thirty (30) days of the date the proposed vacation was referred to it.

6-10-3 NOTICE OF VACATION HEARING. The council shall cause to be published a notice of public hearing at which time the proposal to vacate shall be considered.

6-10-4 FINDINGS REQUIRED. No street or alley, or portion thereof, shall be vacated unless the council finds that:

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

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

6-10-5 DISPOSAL OF 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, or portion thereof, they may do so by resolution following notice and hearing.

6-10-6 DISPOSAL BY GIFT LIMITED. The city may not dispose of a vacated street or alley, or portion thereof, by gift except to a governmental body for a public purpose.

Editor’s Note: The following ordinances, not codified herein and specifically saved from repeal, have been adopted vacating certain streets and/or alleys and remain in full force and effect.

Ordinance	Adopted
27	March 9, 1923
73	June 17, 1976
113	July 10, 1989

Resolution Adopted Street Vacated

98-0216-06 Feb. 16, 1998 Portion of Worley Lane

00-0410-17 Apr. 10, 2000 Portion of Rogers Creek Road

01-0716-36 July 16, 2001 Rowley Street Extension

TITLE VI PHYSICAL ENVIRONMENT

CHAPTER 11 PURCHASE OF CITY SERVICES

6-11-1 Purpose 6-11-4 Collection of Fee

6-11-2 Services and Fee 6-11-5 Additional Compensation of Employee

6-11-3 Services to be Performed by City 6-11-6 Use of City Property

Employees

6-11-1 PURPOSE. This chapter hereby allows the City of Ely, Iowa to establish rates for the provision of certain services to its residents.

6-11-2 SERVICES AND FEE. The City Council shall establish by resolution the fee to be charged for each service.

6-11-3 SERVICES TO BE PERFORMED BY CITY EMPLOYEES. All services in which equipment belonging to the city is used shall be performed by persons employed by the City of Ely, Iowa. Equipment belonging to the City of Ely, Iowa, may not be operated, moved, used, or otherwise manipulated by anyone except by persons employed by the City of Ely, Iowa.

6-11-4 COLLECTION OF FEE. At the time an authorized service is performed by the City, payment of the fee, as established by resolution, shall be made by the property owner to the City Clerk.

6-11-5 ADDITIONAL COMPENSATION OF EMPLOYEE. It shall be unlawful for any person employed by the City of Ely, Iowa, while providing authorized services to a resident or residents, to request, demand, or receive any compensation other than that fee collected by the City Clerk as set by resolution of the City Council.

6-11-6 USE OF CITY PROPERTY. It shall be unlawful for any person employed by the City of Ely, Iowa, to use or permit to be used by another person the property or equipment owned by the City of Ely, Iowa, for any private purpose or for personal gain, to the detriment of the City of Ely, Iowa.

TITLE VI PHYSICAL ENVIRONMENT

CHAPTER 12 PLANNING AND ZONING COMMISSION

6-12-1 Planning and Zoning Commission 6-12-4 Compensation

6-12-2 Term of Office 6-12-5 Powers and Duties

6-12-3 Vacancies

6-12-1 PLANNING AND ZONING COMMISSION. There shall be a city planning and zoning commission, hereinafter referred to as the commission, consisting of seven (7) members, who shall be citizens of the city and qualified by knowledge or experience to act in matters pertaining to the development of a city plan and who shall not hold elective office in the city government, appointed by the council.

6-12-2 TERM OF OFFICE. The term of office of the members of the commission shall be five (5) years. The terms of not more than one-third of the members will expire in any one year.

6-12-3 VACANCIES. If any vacancy shall exist on the commission caused by resignation, or otherwise, a successor of the residue of said term shall be appointed in the same manner as the original appointee.

6-12-4 COMPENSATION. All members of the commission shall serve without compensation, except their actual expenses, which shall be subject to the approval of the council.

6-12-5 POWERS AND DUTIES. The commission shall have and exercise the following powers and duties:

1. Selection of Officers. The commission shall choose annually at its first regular meeting one of its members to act as chairman and another as vice-chairman, who shall perform all the duties of the chairman during his absence or disability.

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

3. Annual Report. The commission shall each year make a report to the mayor and council of its proceedings, with a full statement of its receipts, disbursements and the progress of its work during the preceding year.

4. Appointment of Assistants. Subject to the limitations contained in this chapter as to the expenditure of funds, it may appoint such assistants as it may deem necessary and prescribe and define their respective duties and fix and regulate the compensation to be paid to the several persons employed by it.

5. Comprehensive Plan. It shall have full power and authority to make or cause to be made such surveys, studies, maps, plans, or charts of the whole or any portion of the city or of any land outside thereof, which in the opinion of the commission bears relation to the comprehensive plan and shall bring to the attention of the council and may publish its studies and recommendations.

6. Comprehensive Plan: Preparation. For the purpose of making a comprehensive plan for the physical development of the city, the commission shall make careful and comprehensive studies of present conditions and future growth of the city and with due regard to its relation to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the city and its environs which will, in accordance with the present and future needs, best promote health, safety, morals, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development.

7. Comprehensive Plan: Public Hearing. Before adopting a comprehensive plan as referred to in the preceding paragraph, or any part of it, or any substantial amendment thereof, the commission shall hold at least one public hearing thereon, notice of the time of which shall be given by one publication in a newspaper of general circulation in the city not less than seven (7) or more than twenty (20) days before the date of the hearing. However, in no case shall the public hearing be held earlier than the next regularly scheduled council meeting following the published notice. The adoption of the plan or part or amendment thereof shall be by resolution of the commission carried by the affirmative vote of not less than two-thirds of the members of the commission. After adoption of said plan by the commission an attested copy thereof shall be certified to the council and the council may approve the same. When said plan or any modification or amendment thereof shall receive the approval of the council, the said plan until subsequently modified of amended as herein authorized shall constitute the official city plan.

(Amended by Ordinance No. 117)

8. Comprehensive Plan: Amendments. When the comprehensive plan as herein before provided has been adopted no substantial amendment or modification thereof shall be made without such proposed change first being referred to the commission for its recommendations. If the commission disapproves the proposed change it may be adopted by the council only by the affirmative vote of at least three-fourths (3/4) of the members of said council.

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

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

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

12. Zoning. The commission shall have and exercise all the powers and duties and privileges in preparing and amending the city zoning code as provided by Chapter 414 of the Code of Iowa.

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

14. Limitation on Entering Contracts. The commission shall have no power to contract debts beyond the amount of its income for the present year.

TITLE VI PHYSICAL ENVIRONMENT

CHAPTER 13 ZONING ORDINANCE

6-13-1 Adoption and Repeal 6-13-11 Non-Conforming Uses

6-13-2 Short Title 6-13-12 Administration and Enforcement

6-13-3 Intent and Purpose 6-13-13 Permits and Fees

6-13-4 Rules and Definitions 6-13-14 Board of Adjustment

6-13-5 Establishment of Districts and Official 6-13-15 Interpretation of Provisions

Zoning Map 6-13-16 Violations and Penalties

6-13-6 Schedules of District Regulations 6-13-17 Changes and Amendments

6-13-7 Sign Regulations 6-13-18 Effective Date

6-13-8 Fence and Hedge Regulations

6-13-9 Supplementary District Regulations

6-13-10 Application of District Regulations

6-13-1 ADOPTION AND REPEAL. This is an Ordinance establishing comprehensive zoning regulations for the City of Ely, Iowa, and providing for the administrative enforcement, and amendment thereof; and to repeal all Ordinances or resolutions in conflict therewith. This Ordinance is adopted by authority of, and for the purpose set forth in the Code of Iowa and shall be codified as Chapter 5 of the Municipal Code, City of Ely, Iowa.

6-13-2 SHORT TITLE. This Ordinance shall be known, cited, and referred to as the Ely Zoning Ordinance of 1992.

6-13-3 INTENT AND PURPOSE. The Ely Zoning Ordinance, as set forth in the text and map which constitute this Ordinance, is adopted with the purpose of improving and protecting the public health, safety, comfort, convenience, and general welfare of the people and in accordance with the Code of Iowa Chapter 414.3 (1991). The fulfillment of this purpose is to be accomplished by seeking:

1. To lessen congestion on the public streets.

2. To avoid undue concentration of population.

3. To prevent the overcrowding of land, thereby ensuring proper living and working conditions and preventing the development of blight and slums.

4. To establish adequate standards for the provision of light, air, and open spaces.

5. To facilitate the provision of adequate transportation, and of other public requirements and services such as water, sewerage, schools, and parks.

6. To zone all properties with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City.

7. To protect residential, business, commercial, and industrial areas alike from harmful encroachment by incompatible uses and to ensure that land allocated to a class of uses shall not be usurped by other inappropriate uses.

8. To avoid the inappropriate development of lands and provide for adequate drainage, curbing of erosion, and reduction of flood damage.

9. To fix reasonable standards to which buildings and structures shall conform.

10. To prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions or limitations imposed herein.

11. To foster a more rational pattern of relationship between residential, business, commercial, and manufacturing uses for the mutual benefit of all.

12. To isolate or control the location of unavoidable nuisance-producing uses.

13. To prescribe penalties for any violation of the provisions of this Ordinance or of any amendment thereto.

6-13-4 RULES AND DEFINITIONS. In the interpretation of this Ordinance the rules and definitions of this Section shall be observed and applied, except when the context clearly indicates otherwise.

A. Rules:

1. Words used or defined in one tense or form shall include other tenses and derivative forms.

2. The word "shall" is mandatory.

3. The word "may" is permissive.

4. The words "municipal code" means the Municipal Code of the City of Ely.

5. The word "person" includes individuals, firms, corporations, associations, and any other similar entities.

6. The word "county" means the County of Linn, Iowa.

7. The word "City" means the City of Ely.

8. The words "City Council" mean the City Council of the City of Ely Iowa.

9. The word "state" means the State of Iowa.

10. In case of any difference of meaning or implication between the text of this Ordinance and any caption or illustration, the text shall control.

B. Definitions:

1. Accessory Use or Structure -- A use or structure subordinate to the principal use of a building or land on the same lot or parcel of ground and serving a purpose customarily incidental to the use of the principal building or use of land.

2. Agriculture -- Farms and general farming, including horticulture, floriculture, dairying, livestock and poultry raising, farm forestry and other similar enterprises or uses, but no farms shall be operated as piggeries, or for the disposal of garbage, sewage, rubbish, offal or rendering plants or for the slaughtering of animals, except such animals as have been raised on the premises or have been maintained on the premises for the use and consumption of persons residing on the premises. No land use may be classified as Agriculture unless the said parcel is of at least ten (10) acres in size.

3. Alley -- Any dedicated public way affording a secondary means of vehicular access to abutting property, and not intended for general traffic circulation.

4. Alterations, Structural -- Any change in the supporting members of a building such as bearing walls, columns, beams or girders.

5. Apartment -- A room or suite of rooms used as the dwelling of a family, including bath and culinary accommodations, located in a building in which there are a multiple of these units.

6. Apartment House -- A building arranged, intended, designed to be occupied by three or more families living independently of each other.

7. Balcony -- An unroofed platform, unenclosed except by a railing, which projects from the outer wall of any building above ground level with or without support other than the building.

8. Basement -- That portion of a building which is partly below grade but having more than one-half its height above the average grade of the adjoining ground. For the purpose of this Ordinance a basement shall not be considered a story unless designed or used for habitable space or business purposes.

9. Bed and Breakfast -- Any single family or multi-family dwelling unit used for the purpose of overnight or temporary lodging for one (1) or more persons wherein meals may also be provided.

10. Board -- Board of Adjustment as described in Chapter 414.7 of the Code of Iowa.

11. Boarding House -- A building other than a hotel where, for compensation and by arrangement, meals or lodging and meals are provided for three (3) or more persons.

12. Building -- Any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels, or property of any kind.

13. Building, Height Of -- The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height level between eaves and ridge for gable, hip and gambrel roofs.

14. Building Line -- A line formed by the face of the building, and for the purposes of this Chapter, a minimum building line is the same as a front set-back line.

15. Building, Main or Principal -- A building in which is conducted the principal use of the lot on which it is situated.

16. Cellar -- That portion of a building partially or wholly, underground, having half or more than half its clear height below the grade plane. A cellar shall be non-habitable and shall not be counted as a story.

17. Child Day Care Facility -- A "Child Day Care Facility" is a facility in which six or more children are received for part or all of a day for care and/or instruction. The facility shall be approved and licensed by the State of Iowa. The term "Child Day Care Facility", includes but is not limited to the following: nursery schools, child care centers, day nurseries, kindergartens, preschools and play groups, but does not include bona fide kindergartens or nursery schools operated by public or private elementary or secondary school systems.

18. Daycare -- The care, supervision, or guidance of a child by a person other than the parent, guardian, relative or custodian for periods of two hours or more and less than twenty-four hours per day per child on a regular basis in a place other than the child's home.

19. Deck -- A covered or uncovered platform area projecting from the wall of a building, accessible at or from above grade, and attached to the ground.

20. Dwelling -- Any building or portion thereof which is designed for and used exclusively for residential purposes. Said building shall have an outside dimension of no less than twenty (20) feet by thirty (30) feet, excluding any attached garage, if any.

21. Dwelling, Single-Family -- A building designed for or occupied exclusively by one (1) family.

22. Dwelling, Two-Family -- A building designed for or occupied exclusively by two (2) families living independently of each other.

23. Dwelling, Multiple -- A building designed for or occupied exclusively by more than two (2) families living independently of each other.

24. Family -- One (1) person or two (2) or more persons related by direct lineal descent, marriage, adoption or placement by a governmental or social service agency, occupying a dwelling unit as a single housekeeping organization. A family may also be two (2), but not more than two (2) persons not related by blood, marriage or adoption.

25. Family Group Care Home -- A residential facility having fifteen (15) beds or less providing 24-hour room, board, personal assistance, and a program of services designed to meet the special needs of mentally or physically disabled persons who cannot live alone. The home must be duly approved and licensed as required by applicable state and local regulations.

26. Farm -- An area of not less than ten (10) acres which is used for the growing of the usual farm products such 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.

27. Floor Area -- The total area of all floors of a building as measured to the outside surfaces of exterior walls and including halls, stairways, elevator shafts, attached garages, porches, and balconies.

28. Frontage -- All the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

29. Garage, Private -- A building that is subordinate or used for the storage of not more than four (4) motor-driven vehicles owned and used by the occupants of the buildings to which it is accessory. Not more than one (1) of the vehicles may be a commercial vehicle and of not more than two (2) ton capacity.

30. Garage, Public -- A building or portion thereof other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-driven vehicles.

31. Garage, Self Service Storage Facility -- Means real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing personal property.

32. Garage, Storage -- A building or portion thereof designed or used exclusively for term storage by pre-arrangement of motor driven vehicles, as distinguished from daily storage furnished transients and personal belongings, and at which motor fuels and oils are not sold, and motor-driven vehicles are not equipped, repaired, hired or sold.

33. Garden House -- An accessory structure of not more than 140 square feet in area and having a height of eight (8) feet or less constructed primarily for storage.

34. Grade -- The average level of the finished surface of the ground adjacent to the exterior walls of the building except when any wall approximately parallels and is not more than five (5) feet from a street line, then the elevation of the street shall be grade. The purpose is to regulate the number of stories and height of a structure.

35. Home Occupation -- An accessory use consisting of an occupation or profession carried on by a person residing on the premises.

36. Hotel -- A residential building licensed by the State and occupied and used principally as a place of lodging for guests. Hotels may or may not provide meals and there are usually no cooking facilities in guest rooms.

37. Institution -- A building occupied by a non-profit corporation or a non-profit establishment for public use.

38. Junk Yard -- Any area where waste, discarded, or salvaged materials are bought, sold, exchanged, baled or packed, disassembled, or handled, including the dismantling or "wrecking" of automobiles or other machinery, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including areas where such uses are conducted entirely within a completely enclosed building.

39. Kennel -- An establishment where small animals are bred, raised, trained, groomed and boarded for compensation, sale or other commercial purposes.

40. Loading Space -- An off-street space within the main building or on the same lot providing for the standing, loading, or unloading of commercial vehicles, having a minimum dimension of twelve (12) by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet.

41. Lot -- A parcel of land occupied or intended for occupancy by one main building together with its accessory buildings officially approved and having its principal frontage upon a dedicated street. The boundaries of the lot shall be determined by its lot lines.

42. Lot, Corner -- A lot abutting upon two (2) or more streets at their intersections.

43. Lot, Depth Of -- The mean horizontal distance between the front and rear lot lines.

44. Lot, Double Frontage -- A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.

45. Lot, Interior -- A lot other than a corner lot.

46. Lot Lines -- The lines bounding a lot as defined herein:

(a) Front Lot Line: In the case of an interior lot, that line separating said lot from the street. In the case of a corner lot, or double frontage lot, "front lot line" shall mean that line separating said lot from that street which is designated as the front street in the plat and in the application for a zoning compliance permit.

(b) Rear Lot Line: That lot line opposite and most distant front lot line. In the case of a lot pointed at the rear or triangular shaped, the rear lot line shall be an imaginary line parallel to the front lot line not less than ten (10) feet long farthest from the lot line and wholly within the lot.

(c) Side Lot Line: Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

47. Lot of Record -- A lot which is part of a subdivision, the plat of which has been recorded in the office of the recorder of Linn County.

48. Lot Width -- The width of a lot measured at the building line and at right angles to its depth where the minimum building line or setback intersects the side lot lines.

49. Lot, Reversed Corner -- A corner lot, the rear of which abuts the side of another lot.

50. Main Building -- A building in which is conducted the principal use of the lot upon which it is situated.

51. Main Use -- The principal use to which the premises are devoted and the principal purpose for which the premises exists.

52. Manufactured Home -- A factory-built dwelling, which is manufactured or constructed under the authority or 42 U.S.C. Sec. 5403, Federal Manufactured Home Construction and Safety Standards, 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 constructed to the Federal Manufactured Home Construction and Safety Standards is not a manufactured home unless it has been converted to real property and is taxed as a site built dwelling as is provided in Code of Iowa (1991), section 135D.26. For the purpose of any of these regulations, manufactured homes shall be considered the same as a single-family detached dwelling.

53. Mobile Home -- A vehicle without motive power used, or so originally constructed as to permit being used, as a conveyance upon the public streets or highways and duly licensed as such, and constructed in such a manner as will permit occupancy thereof for human habitation, dwellings, or sleeping quarters and which is capable of being moved, towed, or transported by another vehicle. This definition shall also include and apply to such vehicles or structures that are located on a permanent or temporary foundation.

54. Mobile Home Park -- Any site, lot, field or tract of land upon which two or more occupied mobile homes are harbored either free of charge or for revenue purposes and intended for such use shall include any building, structure, tent, vehicle, or enclosure intended for use as part of the equipment of such mobile home park.

55. Mobile Home Converted to Real Estate -- A mobile home which has been attached to a permanent foundation on real estate owned by the mobile home owner, rendering it totally immobile, and which has been inspected by the assessor, the mobile home vehicle title, registration, and license plates collected from the owner, and the property entered upon the tax roles of Linn County.

56. Nonconforming Building -- A building or portion thereof that does not conform to the provisions of this Chapter relative to height, bulk, area or yard size requirements for the district in which it is located.

57. Nonconforming Use -- A use which lawfully occupied a building or land but does not conform to the use regulations of the district in which it is located.

58. Nursing Home -- An institution which is advertised, announced, or maintained for the express or implied purpose of providing nursing or convalescent care for persons unrelated to the licensee. A nursing home is a home for chronic or convalescent patients who, on admission, are not as a rule, acutely ill and who do not usually require special facilities, such as an operating room, x-ray facilities, laboratory facilities, and obstetrical facilities. A nursing home provides care for persons who have remedial ailments, for which continuing medical and skilled nursing care is indicated; who, however, are not sick enough to require general hospital care. Nursing care is their primary need, but they will require continuing medical supervision. A major factor which distinguishes a nursing home is that the residents will require the individualization of medical care. For the purpose of this (zoning) Ordinance, a "nursing home" shall also be considered a "convalescent home."

59. Parking Space -- A surfaced area, enclosed in the main building or in an accessory building, or unenclosed, having a area of not less than one hundred and eighty (180) square feet exclusive of driveways, permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for vehicles.

60. Plan -- A Comprehensive or General Development Plan of the City of Ely.

61. Principal Use -- The main use of land or structures as distinguished from secondary or accessory use. For example, a house is a principal use in a residential area; a garage or pool is an accessory use.

62. Setback -- The distance required to obtain the front, side or rear yard open space provisions of this Chapter.

63. Sign -- Any structure or part thereof or device attached thereto or painted, or represented thereon, which shall display or include and letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction, or advertisement. The word "sign" includes the word "billboard."

64. Story -- That portion of a building, other than a basement not having over 50 percent of its height below grade, included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it then the space between the floor and the ceiling next above it.

65. Story, Half -- A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three (3) feet above the floor of such story, except that any partial story used for residence purposes, other than for janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.

66. Street -- A public thoroughfare which affords the principal means of access to abutting property.

67. Structure -- Anything constructed or erected, the use of which requires more or less permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, gazebos, ground-based satellite dishes, and solar collectors.

68. Travel Trailer or Motor Home -- A vehicle with or 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 to permit the vehicle to be used as a place of human habitation by one or more persons. If such vehicle shall be customarily or ordinarily used as a place of human habitation for more than 90 days in any 18 month period, it shall be classed as a mobile home, regardless of the size and weight limitation provided herein.

69. Trailer Camp or Tourist Camp Ground -- An area providing spaces for two or more travel trailers, camping trailers, or tent sites for temporary occupancy, with necessary incidental services, sanitation, and recreation facilities to serve the traveling public.

70. Variance -- The term "Variance" shall mean a modification of the literal provisions of the Zoning Ordinance which would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. The crucial points of variance are (a) undue hardship, (b) unique circumstances and (c) applying to property. The authority to grant variances is vested in the Board of Adjustment pursuant to Chapter 414 of the Code of Iowa.

71. Yard -- An open space between a building and the adjoining lot lines unoccupied and unobstructed by any portion of a structure. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of the rear yard, the minimum horizontal distance between the lot lines and the main building line shall be used.

72. Yard, Front -- A yard extending across the front of a lot and being the minimum horizontal distance between the street or place line and the main building or any projections thereof other than the projections of the usual uncovered steps. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension, except where owner shall elect to front his building on a street parallel to the lot line having the greater dimension.

73. Yard, Rear -- A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building line or any projections thereof other than the projections of uncovered steps. On all lots the rear yard shall be in the rear of the front yard.

74. Yard, Side -- A yard between the main building line and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main building line or any projections of uncovered steps.

6-13-5 ESTABLISHMENT OF DISTRICTS AND OFFICIAL ZONING MAP.

A. Official Zoning Map:

1. The town is hereby divided into districts which shall be designated as follows:

A-1 -- Agricultural

R-1 -- Single Family Residential

R-1A -- Single Family Residential

R-1B -- Single Family Residential

R-2 -- Multi-family Residential

C-1 -- Central Business District

C-2 -- Highway Commercial

M-1 -- Light Industrial

M-2 -- Heavy Industrial

P-1 -- Public Use

2. The locations and boundaries of these districts are shown on the official zoning map which together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this Chapter.

3. The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and bearing the Seal of the City under the following statement:

This is to certify that this is the Official Zoning Map referred to in Ordinance No. ________ of the City of Ely Iowa, passed _______________________.

4. The Official Zoning Map, or a true copy of the same, shall be on file in the office of the City Clerk and shall be final authority as to the correct zoning status of the land, water areas, buildings, and other structures in the City.

B. Changes in Official Zoning Map:

1. If in accordance with the provisions of Section 6-13-17 of this Ordinance and Chapter 414.4 Code of Iowa, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the City Council, with an entry on the Official Zoning Map as follows: "By official action of the City Council, the following changes were made in the Official Zoning Map." (Indicating the changes by ordinance numbers and date of publication.)

No amendment of this Ordinance which involves matter portrayed on the Official Zoning Map shall become effective until after such change and entry has been made on said map.

2. Replacement of the Official Zoning Map. In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the City Council may by Ordinance adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The replacement Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map to accurately reflect the zoning classifications existing at the time of replacement as shown by the Original Official Zoning Map and any subsequent amendments. The replacement Official Zoning Map shall not itself have the effect of amending any zoning classification. The replacement Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and bearing the Seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted as part of Ordinance No. _________ of the City of Ely Iowa."

Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment.

3. Any unauthorized change, of any kind whatsoever, in the Official Zoning Map by any person or persons, shall constitute a violation of this Chapter and be punishable as provided in Section 6-13-16.

C. Interpretation of District Boundaries: Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

1. Boundaries indicated as approximately following the center line of streets, highways, or alleys shall be construed to follow such center lines;

2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines;

3. Boundaries indicated as following city limits shall be construed as following city limits;

4. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

5. Boundaries indicated as following shore lines shall be construed to follow such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines;

6. Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (5) shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map;

7. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by subsections (1) through (6) above, the Board of Adjustment shall interpret the district boundaries.

D. Applicability of Regulations:

1. Territorial application: This Ordinance shall apply to all structures, land, and uses within the corporate limits of Ely, Iowa.

2. Conversion of use or building: The conversion of any use or building either to another use or to increase the size or area of the existing use, including the conversion of any building or the conversion of any dwelling to accommodate an increased number of dwelling units, families, or residents, shall be permitted only within a district in which a new building for similar occupancy would be permitted in this Ordinance and only when the resulting occupancy will comply with the requirements in such districts, with respect to minimum lot size, lot area per dwelling unit, dimension of yards, height, off street parking and any other applicable requirements.

3. General prohibition: No building or structure; no use of any building, structure or land; and no lot of record or zoning lot, now or hereafter existing, shall hereafter be established, altered, moved, divided, or maintained in any manner except in accord with the provisions of this Ordinance.

E. Annexed Territory: All territory which may be annexed to the City of Ely after adoption of this Ordinance shall be classified according to the Planning and Zoning Commission's recommendations prior to annexation and the territory upon annexation may be immediately so classified. Procedures for classification are established in Section 6-13-17 of this Ordinance.

F. Vacated Streets: Whenever any street, alley, or other public way is vacated by official action of the Council the district adjoining each side of such street, alley, or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulation of the extended districts.

6-13-6 SCHEDULES OF DISTRICT REGULATIONS. The following schedules of District Regulations are hereby adopted by reference and declared to be a part of this Chapter:

A-1 -- Agricultural

R-1 -- Single Family Residential

R-1A -- Single Family Residential

R-1B -- Single Family Residential

R-2 -- Multi-family Residential

C-1 -- Highway Commercial

C-2 -- Central Business District

M-1 -- Light Industrial

M-2 -- Heavy Industrial

P-1 -- Public Use

A. A-1 AGRICULTURAL:

Intent: Zoning for A-1, Agricultural, is intended to maintain and enhance agricultural operations and preserve agricultural lands utilized for crop production or the raising of livestock and to serve as a holding zone for lands where future urban expansion is possible, but not yet appropriate due the lack of urban facilities and services. The preservation of agricultural land is intended to prevent urban sprawl, control the public costs of providing urban services and reduce urban/rural conflicts which arise as a result of premature development of rural areas. The district is further intended to preserve open space and natural resource areas.

1. Permitted Principal Uses and Structures

(a) Agriculture, horticulture, dairy farming, poultry farming, livestock farming, general farming, truck gardening, and other agricultural activities.

(b) Single family dwellings.

2. Permitted Accessory Uses and Structures

(a) Private garages.

(b) Farm buildings incidental to agricultural uses.

(d) Private swimming pools.

(e) Accessory uses or structures accessory to the provisions of Section 6-13-9.

3. Special Exceptions: The following special exceptions are permitted in the A-1 District subject to provisions of Section 6-13-14(F)(4):

(a) Public Utilities.

(b) Recreational development seasonal or temporary use.

(d) Dog kennels and dog runs.

(e) Greenhouses and plant nurseries operated for commercial purposes.

4. Minimum Lot Areas and Width

(a) Single family dwelling:

Not applicable - Agriculture use or farming requires a minimum of ten (10) acres (i.e. see definition of agriculture in this ordinance).

5. Minimum Yard Requirements

(a) Single family dwelling:

Front - 25 feet

Rear - 30 feet

Side - 10 feet each side plus 2 feet for each story above one

Street Side,

Corner Lot - 25 fee (Ord. No. 153)

(b) Other permissible uses under this section:

Front - 40 feet

Rear - 40 feet

Side - 20 feet

Street Side,

Corner Lot - 25 feet

6. Maximum Height - 2 (1/2) stories or 35 feet

7. Minimum Off-Street Parking Loading Space

(a) Residential Dwellings - Two (2) spaces for each dwelling unit.

8. Special Regulations

(a) Provision must be made for disposal of manure, other organic wastes, or chemical(s) in such a manner as to avoid pollution of ground water or any lake, river, or receiving stream. Livestock confinement buildings for the purpose of raising hogs, poultry or cattle must conform to the provisions of 6-13-6 A 8(b) of this ordinance.

(b) Agricultural uses are permitted with no restrictions as to the operation of such vehicles or machinery as are customarily incidental to such uses, and with no restrictions to the sale or marketing of products raised on the premises; provided that any buildings, structure or yard for the raising, feeding, housing or sale of livestock or poultry shall be located at least 300 feet from residentially zoned land, and provided further that there shall be no disposal of garbage, rubbish or offal, other than regular removal, within 300 feet of property residentially or commercially zoned land. Pasturing of livestock shall be restricted to no closer than 100 feet of residentially or commercially zoned land.

B. R-1 SINGLE FAMILY RESIDENTIAL:

Intent. To establish and preserve quiet single family home neighborhoods as desired by large numbers of people, free from other uses except those which are both compatible with and convenient to the residents of such a district.

1. Permitted Principal Uses and Structures

(a) Single family dwellings.

(b) Churches and temples.

(d) Parochial or private schools having no rooms used regularly for housing or sleeping purposes.

(e) Public buildings, public and semi-public parks, playgrounds, community centers, libraries, and museums.

(f) Family Group Care Home.

2. Permitted Accessory Uses and Structures

(a) Private garages.

(b) Private swimming pools.

(d) Garden houses.

(e) Uses and structures necessary to principal permitted use or a special exception use are permitted subject to the provisions of Section 6-13-9.

(f) Temporary buildings used in conjunction with construction work, provided that such buildings are removed within thirty (30) days upon completion of the construction work.

3. Special Exceptions: The following special exceptions are permitted in the R-1 District, subject to provisions of Section 6-13-14(F)(4):

(a) Cemetery or mausoleum.

(b) Public utilities.

(d) Mortuary or funeral home.

(e) Care facilities.

(f) Day Care Centers.

(g) Churches.

(h) Bed and Breakfast Houses.

4. Minimum Lot Areas and Width

(a) Single family dwelling:

Area, 9,500 square feet; Width, 80 feet; Depth, 100 feet. However, the minimum Width and Depth dimensions may not be construed to imply a minimum lot size of 8,000 square feet. In regard to overall minimum lot dimensions set by this ordinance, the total area will supersede any conflicting combinations of widths or depths that do not equal the minimum area requirement.

(b) Other permissible uses:

Area, 10,000 sq. ft.; Width 90, feet.

5. Minimum Yard Requirements

(a) Single family dwelling:

Front - 25 feet

Rear - 30 feet

Side - 8 feet