The City of Alburnett, City Code Book can be accessed by selecting an Ordinance and by clicking on the title.

SECTION 1. PURPOSE. The purpose of this chapter is to provide for a charter embodying the form of government.

SECTION 2. CHARTER. This chapter may be cited as the Charter of the City of Alburnett, Iowa.

SECTION 3. FORM OF GOVERNMENT. The form of government of the City of Alburnett, Iowa, is the Mayor-Council form of government.

SECTION 4. POWERS AND DUTIES. The Council and Mayor and other city officers have such powers and shall perform such duties as are authorized or required by state law and by the ordinances, resolutions, rules, and regulations of the City of Alburnett, Iowa.

SECTION 5. NUMBER AND TERM OF OFFICIALS. The Council consists of five council members elected at large and elected for terms of four years. The Mayor is elected for a term of four years.

SECTION 6. STAGGERED TERMS. At the first election under the chapter, as amended , all five council members and the Mayor are to be elected. The two council members receiving the greatest number of votes cast and the Mayor are to serve for terms of four years and the other council members are to serve for terms of two years. Commencing at the next regular city election thereafter, and at all subsequent regular city elections, all council members and the Mayor shall be elected for terms of four years.

SECTION 7. ATTENDANCE FOR COUNCIL MEETINGS. The Mayor and Council members are required to attend 2/3 of all city council meetings or not miss more than 3 consecutive meetings. To be considered in attendance the Mayor or Council member must be in attendance for1/2 of the meeting time. Failure to meet this requirement is grounds for removal from office.

SECTION 8. COPIES OF FILE. The City Clerk shall keep and official copy of this 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.

SECTION 9. MUNICIPAL ELECTIONS. Pursuant to the provisions of Chapter 376.3 of the 2000 Code of Iowa, the City does hereby adopt, elect, and choose the provisions of Chapter 45 of the 2000 Code of Iowa, as the Same relates to nominations of candidates for the elective city offices.

SECTION 10. CITY MOTTO. The official City Motto of Alburnett shall be “Alburnett, the comfort of country and community.”

SECTION 1. COUNCILMEMBERS. Councilmember’s shall receive $20.00 per Diem per meeting, and shall be eligible to be reimbursed for added expenses incurred as a city official.

SECTION 2. MAYOR. The Mayor shall receive in lieu of salary statutory fees, an annual salary of two thousand five hundred Dollars ($2500.00) to be paid in monthly installments.

SECTION 3. CLERK. The Clerk shall receive an hourly rate or an annual salary established by Resolution of the City Council to be paid in equal monthly installments.

SECTION 4. TREASURER. The Treasurer shall receive an hourly rate or an annual salary established by Resolution of the City Council to be paid in equal monthly installments.

SECTION 5. OTHER CITY EMPLOYEES. Any other city employees shall receive either an annual salary or hourly rate established by Resolution of the City Council.

SECTION 6. PERSONNEL POLICY. The City Council by separate resolution shall adopt a personnel policy governing all benefits other than wages and establishing expectations, and requirements for other city employees. The Mayor shall be designated as the personnel administrator for the City of Alburnett.

SECTION 1. COUNCIL TRANSFERS. When the City Clerk or City Budget Officer determines that one or more appropriation accounts need added authorizations to meet required expenditures therein, he shall inform the Council on the Council upon its own investigation so determines, and another account within the same program has an appropriation in excess of foreseeable contingency account has an unexpended appropriation which along or with the other accounts can provide the needed appropriations, the Council shall set forth by resolution the reductions and increases in the and the reason for such transfers. Upon the of the resolution and approval by the Mayor, as provided by law for resolution, the City Clerk or Budget Officer shall cause the transfers to be set out in full in the minutes and be included in published proceedings of the Council, thereupon the Clerk, and were applicable, the City Treasurer, shall cause the appropriation to be revised upon the appropriation expenditure ledgers of the City, but in no case shall the total of the appropriation to a program be increased except for transfers from

the contingency account nor shall the total appropriation for all proposed be increased except by a budget amendment made after and hearing as required by law for such amendments.

SECTION 2. ADMINISTRATIVE TRANSFERS. The City Clerk or Budget Officer shall have the power to make transfers between activities, or between subprograms without prior Council approval to met expenditures which exceed estimates or are unforeseen but necessary to carry out Council directives or to maintain a necessary service and provide the required appropriation balance. Such transfers shall not exceed 3% (Three Per Cent) or $100.00 (One Hundred) at any time of the activity's annual appropriation is increased or decreased. However, when a given transfer, considering all previous transfers to or from an activity, causes the total change in the appropriation for any activity to exceed by 10% (Ten Per Cent) greater or 10% (Ten Per Cent) less than the original appropriation, it shall be presented to the 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 Council.

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

person designated by the City Council shall be the City Budget Officer and is responsible for preparing the budget in cooperation with the Council and Mayor. This person shall be responsible for carrying out the authorizations and plans in the budget as set forth in the budget, subject to Council control and the limitations set out in this ordinance.

SECTION 4. EXPENDITURES. No expenditure shall be authorized by any City officer or employee except as herein provided. All purchases of services, supplies and equipment shall be made only after issuance of a purchase order and no invoice shall be accepted unless authorized by such an order. Purchases not exceeding $75.00 (Seventy-five Dollars) may be by those officials authorized by the Clerk but only on issuance of a spot purchase order in writing signed by the authorized officer. A copy of such spot purchase order must be delivered to the Clerk within twenty-four (24) hours, weekends and holidays excepted. All other purchases shall be valid only if a purchase order has been given in writing and signed by the Clerk. Purchases from petty cash shall be exempt from the above requirements.

SECTION 5. AUTHORIZATIONS TO EXPEND. All purchase orders other than those excepted herein shall be authorized by the Clerk or, City Budget Officer after determining whether the purchase, if a major item, has been authorized by the budget or other Council action. The Clerk or City Budget Officer 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 appropriations is available for the expenditure contemplated the Clerk shall not issue a purchase order until a budget amendment or transfer or appropriation is made in accordance with power delegated by Council within the limits set by law and the Council. The Clerk or Budget Officer 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 materials have been delivered of the quality and in the quantities indicated or the services have been preformed satisfactorily to the extent invoiced.

SECTION 6. ACCOUNTING. The Clerk or City Budget Officer 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 pre-numbered, in accordance with modern, accepted methods, and the requirements of the state. He shall keep a general ledger controlling all cash transactions, budgetary accounts and recording un - appropriate surpluses. Warrant/checks shall be signed by the City Clerk.

officer 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 Council. Each individual account shall be maintained within its proper fund as required by 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 for the function and purpose for which

SECTION 8. CONTINGENCY ACCOUNTS. Whenever the Council shall have budgeted for a contingency account the Clerk or City Budget Officer shall set it up in the accounting records but he not charge any claim to a contingency account. Said contingency accounts may be drawn upon only by 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.

SECTION 9. STUDIES. That whenever the City Council finds that in order to properly exercise its functions, it should undertake an in depth study of any matter in order to determine the best manner of dealing with that matter through the preparation of City ordinances. The City Council may form itself into a study committee of the whole or a study committee of the part.

SECTION 10. STUDY COMMITTEE. A study committee formed under this ordinance shall have the power to conduct investigations under such restrictions as the City Council may have said in the establishing resolution and shall have authority to call witnesses, administer oaths, issue subpoenas and cite for contempt. At the completion of the study committee's business it shall issue a report of its findings to the City Council and may include therein any proposed ordinances.

SECTION 11. COST OF SPECIAL MEETINGS. Whenever any person requests the calling of or scheduling of a special meeting of the City Council or the same becomes necessary to handle any requests of said person for municipal services, assistance or approval the said person shall required to advance the administrative costs of said meeting the amount of $150.00 (one hundred fifty dollars) in advance or the meeting shall not be called.

SECTION 12. LISTING AND LENGTH OF NOTICE. The three public places where public notice of ordinances and other matters permitted to be posted are to be displayed are:

The City Clerk is hereby directed to promptly post such ordinance and notices, and to leave them so posted for not less ten days after the first date of posting, and he shall note first date of such posting on the copies of said ordinance and, in the official ordinance book immediately following the ordinance.

SECTION 13. REMOVING NOTICE, UNLAWFUL. Removal of a public notice by persons other than the City Clerk shall be a misdemeanor. Such removal before the ten days have expired, however, shall not affect the validity of the ordinance.

SECTION 14. JURISDICTION. Unless otherwise provided in this code, this code applies to acts performed within the corporate limits of the City. Provisions of this code also apply to acts performed outside the corporate limits and up to the limits prescribed by law where the law confers power on the City to regulate such particular acts outside the corporate limits.

SECTION 15. PENALTIES. (a) Standard Penalty. Unless another penalty is expressly provided by this code for any particular provision, section or chapter, any person violating any provision of this code, or any rule or regulation adopted or issued in pursuance thereof, or any provision of any code adopted herein by reference shall, upon conviction, be subject to a fine of not more than $100.00, or to imprisonment for not more than 30 days, and may be adjudged to pay the costs of prosecution. Whenever the fine and costs imposed for a violation are not paid, the person convicted may be committed to jail until the fine and costs are paid, not exceeding 30 days.

(b) Each Day a Violation. Each act of violation and every day upon which a violation occurs or continues constitutes a separate offence.

(c) Applicability. The penalty provided by this section applies to the amendment of any section of this code or any code adopted herein by reference whether or not such penalty is re-enacted in amendatory ordinance.

(d) Reference to Sections. Reference to any section of this code shall be understood also to refer to and include the penalty section relating thereto, unless otherwise expressly provided.

(e) Failure of Officers to Perform Duties. The failure of any officer or employee of the City to perform any official duty imposed by this code shall not subject such officer or employee the penalty imposed for violation of this code, unless a penalty is specifically provided.

SECTION 16. RESPONSIBILITY FOR ACTS. Every person concerned in the commission of an act prohibited by this code, whether he directly commits the act, or prosecutes, counsels, aids or abets in its commission, may be prosecuted and on conviction is punishable as if he had directly committed such act.

SECTION 17. CIVIL ENFORCEMENTS. In addition to the penalties set forth in Section 15 or in lieu thereof the City may for violation of any provision of this code or any rule or regulation adopted or issued pursuant thereto or any provision of any code adopted herein by reference, institute civil suit either at law or equity, for damages or injunction, or both, or for such other and further relief as the City deems necessary in the premises.

SECTION 18. SEPARABILITY OF PROVISIONS. It is the intention of this Council that each section, paragraph, sentence, clause, and provision of this code is separable and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this code, nor any part thereof other than that affected by such decision.

Municipal Code grants any discretionary power to the City Council or any commission, board or officer or employee of the City and does not specify standards to govern the exercise of the power, the power shall be exercised in light of the following standard: The discretionary power to grant, deny or revoke any matter shall be considered in light of the facts and circumstances then excising and as may be reasonably foreseeable and due consideration shall be given to the impact upon the public health , safety, and welfare and the decisions shall be that of a reasonably prudent person under similar circumstances in the exercise of the police power.

(a) "Code" means the Code of Ordinances of the City of Alburnett as may be amended from time to time.

(b) "Second (2nd) Offense" is a recurring violation of the same section of the Code of Ordinances.

(c) A "municipal infraction" is a civil offense or violation of the Code of Ordinances as provided for in Section 364.22, 2000 Code of Iowa.

(a) Any City employee or other official authorized by the City to enforce this Code may issue a civil citation to a person who is alleged to have committed a municipal infraction.

(b) The civil citation may be served by personal service or by certified mail, return receipt requested, to the alleged violator.

(c) One copy of the civil citation shall be retained by the issuing officer for the records of the City and one copy shall be filed with the Clerk of the District Court.

(d) The civil citation shall serve as notification that a civil offence has been committed and shall contain the following:

2. The name or description of the alleged infraction, attested to by the City official issuing the civil citation.

4. The amount of civil penalty for the violation charged and the court costs, or the alternative relief sought, or both.

SECTION 22. MUNICIPAL INFRACTIONS. In addition to the penalties set forth in the Code or in lieu thereof, each violation of any provision of this Code, any Code adopted herein by reference, or any rule or regulation adopted or issued pursuant thereto, or the failure to abate a nuisance, is a municipal infraction and is subject to the provisions, penalties and alternative relief as follows:

(a) Any violation which is a felony, aggravated misdemeanor or serious misdemeanor under state law shall not be treated as a municipal infraction.

(b) Unless another civil penalty is provided elsewhere in this Code for a specific violation, a municipal infraction is a civil offense punishable as provided in the following schedule of civil penalties:

(d) Seeking a civil penalty as authorized in this section does not preclude the City from seeking alternative relief from the court in the same action, including, but not limited to, an order for abatement or injunctive relief.

SECTION 1. ESTABLISHMENT AND PURPOSE. A volunteer fire department is hereby established to prevent and extinguish fires and to protect lives and property against fires, to promote fire prevention and fire safety and to answer all emergency calls for which there is no other established agency.

SECTION 2. FIRE CHIEF. The office of Fire Chief is hereby created. The Fire Chief shall be elected for terms of two (2) years by a simple majority vote of the members of the volunteer fire department with approval of the council, to succeed a prior fire chief or to fill a vacancy. The council shall be furnished with the department's attendance records for drills, meetings and calls, and shall give due consideration to such records in approving the appointment of the Fire Chief. The volunteer fire department, by two-thirds (2/3) majority vote, with approval of the council, may remove the Fire Chief by written order, setting out the reasons for removal, which shall filed with the City Clerk.

SECTION 3. FIRE CHIEF'S DUTIES. The Fire Chief shall command all operations of the department, and be responsible for the care, maintenance and use of all vehicles and equipment of the department. In the absence of the Fire Chief, the next ranking officer or senior firefighter on duty shall exercise all duties and responsibilities of the Fire Chief.

Subject to council approval, the Fire Chief shall establish and maintain departmental rules to carry out the requirements of this ordinance. The Fire Chief shall provide every firefighter with a copy of these rules.

With the approval of the council, the Fire Chief shall appoint volunteer firefighters, fill vacancies among them and may discharge them. The chief shall keep a record of names, ages and residences of the department members and be responsible for their training and supervision. He shall maintain attendance records for drill meetings and calls.

The Fire Chief shall investigate the cause, origin and circumstances of each fire by which property has been destroyed or damaged, or which results in bodily injury to any person. Whenever he finds that bodily injury or property damage of Fifty ($50.00) Dollars or more was caused by such fire, or if he suspects arson, he shall report his findings to the State Fire Marshal writing within one week after the fire. If he believes that a fire was started by design or if a death occurs as the result of fire, he shall notify the State Fire Marshal immediately.

The Fire Chief has authority to enter and inspect any building or premises in the performance of his duties and shall make written orders to correct any conditions that are likely cause fire or endanger other buildings, property or persons.

SECTION 4. VOLUNTEER FIREFIGHTERS. The Fire Department be staffed by up to thirty (30) volunteer firefighters who are eighteen years of age or older and who live or work in the City of Alburnett or Otter Creek Township. Any volunteer firefighter authorized to drive Fire Department equipment must have a valid Iowa driver’s license. Persons under age of eighteen years who are allowed to assist the Department in an associate capacity shall be restricted by the Fire Chief from performing any duty in violation of health or safety regulations concerning minors.

SECTION 5. FIREFIGHTERS DUTIES. When called by the Fire Chief, all firefighters shall perform duties and comply with rules established by the Fire Chief as provided for in this chapter.

SECTION 6. FIREFIGHTER COMPENSATION. All volunteer firefighters shall receive no payment or compensation for services except for reimbursement of approved expenses. One Dollar ($1.00) per attendance at volunteer Fire Department meetings or attendance at calls and emergencies in the in the fire district shall be paid in an annual lump sum to the Volunteer Fire Department following certification of attendance at meetings and calls by the Fire Chief to the City Council. The attendance payment attendance payment above shall not be paid separately if the Department is allocated a Discretionary Fund, but allowance shall made in Discretionary Fund appropriation for a sum approximate the annual attendance payment.

SECTION 7. WORKMEN'S COMPENSATION AND HOSPITALIZATION INSURANCE. The council shall contract to insure the City against liability for workmen's compensation and against statutory liability for the cost of hospitalization, nursing and medical attention for fire department members injured in performance of their duties as firefighters. All members of the Alburnett Fire Department shall be covered by the contract.

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

SECTION 9. FIRES OUTSIDE OF THE CITY OF ALBURNETT. The department may answer calls to fire and other emergencies outside the limits of the City of Alburnett if the Fire Chief determines that an emergency exists and that such action will not endanger persons or property within the limits of the City of Alburnett.

SECTION 10. DISCRETIONARY FUND. In lieu of annual appropriations for specific budget line items, the City Council may make one appropriation for the fiscal year to a Discretionary Fund to be administered by the Fire Chief. Such Discretionary Fund shall be for such expenses as meeting and call allowances, shots, firefighter equipment, and miscellaneous supplies. The Fire Chief shall make a semiannual report to the City Council of the Fund's disbursements and shall make receipts for all expenditures from the fund available to the Council.

SECTION 1. STATE CODE. Beer and liquor licensing and regulation shall be similar to and controlled by Chapter 123 of the Code of Iowa (2000).

SECTION 2. LICENSE APPLICATIONS AND RENEWAL. The business owner, or a representative of the owner, must be present at a City Council meeting to present an application for a beer or liquor license and renewal thereof.

Cigarette: Any roll for smoking made wholly or in part of flavored, flavored, adulterated or mixed with any other ingredient. It shall also mean cigarette papers, wrappers and tubes. It shall not include cigars.

Retailers: A person, who sells, distributes or offers for sale or consumption, or possesses for the purpose of sale or consumption, cigarettes, irrespective of the quantity or amount of the number of sales.

Place of business: Any building or structure in which cigarettes are sold, or are kept for the purpose of sale, bay a retailer.

SECTION 2. PERMIT REQUIRED. No retailer shall distribute, sell or solicit the sale of any cigarettes within the City without a permit for each place of business.

SECTION 3. ISSUANCE. The City Council shall issue or renew a permit if it will not be detrimental to public health, safety and morals, when a retailer who is not a minor has filed with the City Clerk:

1) A completed application on forms provided by the State Tax Commission and accompanied by the fee provided in this Section.

2) The City Council shall certify its action in issuing a permit to the State Tax Commission.

SECTION 5. FEES. The fee for permits issued or renewed shall be $65.00 (seventy-five dollars) except that in the initial year of issuance the fee shall be prorated by the number of months for which said permit shall be valid until the permit must be renewed on the next following June 30. Upon issuance of the permit by the City Council, the Clerk shall forward the fee to the City Treasurer. A retailer may surrender an un-revoked permit and shall be entitled to a prorated refund based upon the number of unused month being divided into the permit fee.

SECTION 6. REVOCATION. The City Council, after notice and hearing shall revoke a permit if it finds the retailer has substantially violated the provisions of this Chapter or the cod of Iowa or if grounds exist that would be sufficient for refusal to issue a license. The City Clerk shall five (5) days written notice to the retailer by mailing a copy by certified mail to the place of business as it appears on his application for a permit. The Notice shall state the reason for contemplated revocation and the time and place at which he may appear and be heard. The hearing shall be held at the regular meeting place of the City Council.

SECTION 7. TRANSFER. A permit shall not be transferable to another place of business or a retailer. However, if a retailer who holds a valid permit changes his place of business, the City Council, if it decides to issue a new permit to him, shall not charge any additional fee for the unexpired term of the original permit if the retailer has not received a

SECTION 8. LICENSE APPLICATIONS AND RENEWALS. The business owner, or a representative of the owner, must be present at a City Council meeting to present an application for a Cigarette License.

CHAPTER 7

SECTION 1. PURPOSE. In order to reduce the danger of public health, safety and welfare from the spills of hazardous substances these regulations are promulgated to establish responsibility for the removal and cleanup of spills within the city limits.

SECTION 2. DEFINITIONS. For the purpose of this Chapter these words have the following meanings:

(a) “Hazardous waste” means those wastes which are included by the definition in Section 455B.441, subsection 3, paragraphs a and b, Code of Iowa (2001).

(b) “Hazardous substance” means any substance as defined in Section 455B.381, subsection 5, Code of Iowa (2001).

(d) “Responsible person” means the party, whether the owner, agent, lesser, or tenant, in charge of the hazardous substance or hazardous wastes being stored, processed, or handled, or the owner or bailer transporting hazardous wastes or substances whether on public way or grounds or on private property where the spill would cause danger to the public or to any person or to the environment.

(e) “Cleanup” means the removal of the hazardous wastes or substances to a place where the waste will not cause any danger to persons or the environment, in accordance with state rules therefore or the treatment of the material as defined herein to eliminate the hazardous condition, including the restoration of the area to a general good appearance without noticeable odor as for as practicable.

(f) “Treatment” means a method, technique, or process, including neutralization, designed to change the physical, chemical or biological character or composition of a hazardous substance so as to neutralize it or to render the substance non-hazardous, safer for transport, amendable for recovery, including any activity or processing designed to change the physical form or chemical composition of a hazardous substance to render it non-hazardous.

SECTION 3. CLEANUP REQUIRED. Wherever a hazardous condition is created by the deposit, injection, dumping, spilling, leaking, or placing of a hazardous waste or substance, so that the hazardous waste or a constituent of the hazardous waste or substance may enter the environment or be emitted into the air or discharged into any water, including ground waters, the responsible person shall cause the condition to be remedied by a cleanup, as defined in the in the preceding section, as rapidly as feasible to an acceptable safe condition. The costs of cleanup shall be borne by the responsible person. If the responsible does not cause the cleanup to begin in a reasonable time in relation to the hazard and circumstances of the incident, the City may, by an authorized officer, give reasonable notice, based on the character of the hazardous condition, said notice setting on a deadline for accomplishing the cleanup or that the City will proceed to procure cleanup services and setting forth a reasonable estimate of the costs of cleanup and bill the responsible person for all costs associated with the cleanup, including but not limited to equipment rendered unserviceable; personnel costs, including overtime; disposal costs, and any other costs associated therewith. If the bill for those services is not paid within thirty (30) days, the City of Alburnett may proceed after service of notice, either by certified mail or on publication in the local newspaper and hearing before the City Council, to obtain payment by all legal means. If the cost of the cleanup is beyond the capacity of the City to finance it, the authorized officer shall report to the Council and immediately seek any state of federal funds available for said cleanup.

SECTION 4. NOTIFICATIONS. The first City Officer or employee, who arrives at the scene of an incident involving hazardous substances, if not a Peace Officer, shall notify the Linn County Sheriff which shall notify the proper State Office in the manner established by the state.

SECTION 5. LOCAL AUTHORITY. If the circumstances reasonably so require, the Mayor or his representative, or the Alburnett Fire Chief, may:

(a) Evacuate persons, even from their homes, to areas away from the site of a hazardous condition, and

(b) Establish perimeters or other boundaries at or near the site of a hazardous condition beyond which no person shall cross. No person shall disobey an order issued under this section.

SECTION 6. CITY LIABILITY. The City of Alburnett, Iowa, shall not be liable for any losses occurring due to any hazardous condition created which may be claimed by any person, firm, or corporation.

SECTION 7. PENALTY. That any person, firm, or corporation violating any provision, section, or paragraph of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof be subject to a fine of not more than $100.00 or be imprisoned for not more than 30 days. That each day a violation occurs shall constitute a separate offense.

SECTION 1. DEFINITION OF NUISANCE. Whatever is injurious to health, indecent or unreasonable offensive to the senses, or an obstruction to the free use of property so, as essentially to interfere unreasonable with the conformable enjoyment of life or property is a nuisance.

SECTION 2. NUISANCES ENUMERATED. The following subsections include, but do not limit, the conditions which are deemed to be nuisances in the City:

1. Offensive Smells. Erecting, continuing or using any building or other place for the exercise of any trade, employment or manufacture, which, by occasioning noxious exhalations, unreasonably offensive smells, or other annoyances, becomes injurious and dangerous to the health, comfort or property of individuals or the public.

2. Filth or Noisome Substance. Causing or suffering any offal, filth or noisome substance to be collected or to remain in nay place to the prejudice or others.

3. Impeding Passage of Navigable River. Obstruction or impeding without legal authority the passage of any navigable river, harbor or collection of water.

4. Water Pollution. Corrupting or rendering unwholesome or impure the water of any river, stream or pond, or unlawfully diverting the same from its natural course of state, to the injury or prejudice of others

5. Blocking Public and Private Ways. Obstructing or encumbering, by fences, buildings or otherwise, the public roads, private ways, streets, alleys, commons, landing places or burying grounds.

6. Storing Flammable Junk. Depositing or storing of flammable junk, such as old rags, rope, cordage, rubber, bones and paper, by dealers in such articles within the fire limits of the City, unless in a building of fireproof construction.

8. Weeds, Brush. Dense growth of all weeds, vines, brush or other vegetation in the City so as to constitute a health, safety or fire hazard. (See also Chapter 11)

9. Houses of Ill Fame. Houses of ill fame, kept for the purpose of prostitution and lewdness; gambling houses; places resorted to by persons participating in criminal gang activity prohibited by chapter 723A of the Code of Iowa or places resorted to by persons using controlled substances, as defined in Section 124.101 of the Code of Iowa in violation of law, or houses where drunkenness, quarreling, fighting or breaches or the peace are carried on or permitted to the disturbance of others.

SECTION 3. OTHER CONDITIONS. The following chapters of this Code of Ordinances contain regulations prohibiting or restriction other conditions, which are deemed to be nuisances:

SECTION 4. NUISANCES PROHIBITED. The creation or maintenance of a nuisance is prohibited, and a nuisance, public or private, may be abated in the manner provided for in this chapter or State Law.

SECTION 5. NUISANCE ABATEMENT. Whenever the Mayor, or other authorized municipal officer finds that a nuisance exists, such officer shall cause to be served upon the property owner a written notice to abate the nuisance within a reasonable time after notice.

SECTION 6. NOTICE TO ABATE: CONTENTS. The notice to abate shall contain: (Code of Iowa, Sec. 364.12 [3h])

3. Acts Necessary to Abate. A statement of the act or acts necessary to abate the nuisance.

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

SECTION 7. METHOD OF SERVICE. The notice may be in the form of an ordinance, by personal service, or sent by certified mail to the property owner.

SECTION 8. REQUEST FOR HEARING. Any person ordered to abate a nuisance may have a hearing with the Mayor as to whether a nuisance exists. A request for a hearing must be made in writing and delivered to the Mayor within the time stated in the notice, or it will be conclusively presumed that a nuisance exists and it must be abated as ordered. At the conclusion of the hearing, the Mayor shall render a written decision as to whether a nuisance exists. If the Mayor finds that a nuisance exists, he or she must order it abated within an additional time, which is reasonable under the circumstances. An appeal from this decision may be had by immediately filing a written notice with the Council at a time and place fixed by the Council. The findings of the Council shall be conclusive and, if a nuisance is found to exist, it shall be ordered abated within a time reasonable under the circumstances.

SECTION 9. ABATEMENT IN EMERGENCY. If it is determined that an emergency exists by reason of the continuing maintenance of the nuisance or condition, the City may perform any action which may be required under this chapter without prior notice. The City shall assess he costs as provided in this Chapter, Section 11 after notice to the property owner under the applicable provisions of this Chapter, Section 5, 6, and 7 and hearing s provided in this Chapter, Section 8.

SECTION 10. ABATEMENT BY CITY. If the person notified to abate a nuisance or condition neglects or fails to abate as directed, the City may perform the required action to abate, keeping an accurate account of the expense incurred. The itemized expense account shall be filed with the Clerk who shall pay such expense on behalf of the City. The person issuing the order to abate a nuisance may enter into any building or place for the purpose of entering into property to remove or abate any nuisance.

SECTION 11. COLLECTION OF COSTS. The Clerk shall send a statement of the total expense incurred by certified mail to the property owner who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within one (1) month, the Clerk shall certify the costs to the County Treasurer and such costs shall then be collected with, and in the same manner, as general property taxes.

SECTION 12. INSTALLMENT PAYMENT OF COST OF ABATEMENT. If the amount expended to abate the nuisance or condition exceeds one hundred dollars ($100.00), the City may permit the assessment to be paid in up to ten (10) annual installments, to be paid in the same manner and with the same interest rates provided for assessments against benefited property under State law.

SECTION 13. FAILURE TO ABATE. Any person causing or maintaining a nuisance who shall fail or refuse to abate or remove the same within the reasonable time required and specified in the notice to abate is in violation of this Code of Ordinance.

A suggested form of notice for the abatement of nuisance is included in the appendix of this Code of Ordinance. Caution is urged in the use of this administrative abatement procedure, particularly where cost of abatement is more than minimal or where there is doubt as to whether or not a nuisance does in fact exist. If compliance is not secured following notice and hearings, we recommend you review the situation with your attorney before proceeding with the abatement and assessment of costs. Your attorney may recommend proceedings in court under Chapter 657 of the Code of Iowa rather than this procedure.

SECTION 1. VIOLATIONS OF ORDINANCE. Committing any of these acts by any person, persons, firm, corporation or partnership, or association of any kind, will constitute a violation of this ordinance:

1. DISTURBANCE OF PEACE. To make or excite any disturbance in a tavern, store or grocery, or at any election or public meeting, or other place where citizens are peaceably and lawfully assembled.

2. FIGHTING. For two or more persons voluntarily or by agreement to engage in any fight, or use any blows or violence towards each other in an angry or quarrelsome manner, in any public place, to the disturbance of others.

3. ASSAULT AND BATTERY. To apply, or to threaten or attempt to apply, an unlawful and un-permitted physical force to the person of another, in a rude and insolent manner, or with the intent to do physical harm, with the apparent ability to execute any attempt or threat.

4. UNLAWFUL ASSEMBLY OR RIOT. For three or more persons in a violent or tumultuous manner to assemble together to do an unlawful act or, when together, to commit or attempt to commit an act, whether lawful or unlawful, in an unlawful, violent or tumultuous manner, to the disturbance of others.

5. DISTURBING CONGREGATIONS OR OTHER ASSEMBLIES. Willfully to disturb any assembly of persons met for religious worship by profane discourse or rude and indecent behavior, or to make noise, either within the place of worship or so near as to disturb or interrupt any school, school meeting, literary society or other lawful assembly of persons.

6. NOISE. To disturb the peace by excessive, loud or unusual noise, by blowing horns or ringing bells, or by the use of sirens, radios or any type of speaking devices or noise makers.

7. MUFFLERS. To operate or drive a motor vehicle that is not equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, or to use a muffler cutout, by-pass or similar device.

8. INDECENT EXPOSURE. Designedly to expose oneself or the person of another, in a grossly open and indecent or obscene manner, to public view in a state of nudity or lewdness, or in indecent or lewd dress.

9. KEEPING A HOUSE OF ILL FAME. For the owner, agent of the owner, lesser, lessee or one in charge of property, knowingly to permit or allow a hotel, house, apartment, building, room, tent, or other place to be used for prostitution and lewdness.

10. INMATES OF HOUSE OF ILL FAME. To use, occupy or inhabit a house of ill fame, bawdy house, or disorderly house for the purpose of prostitution or lewdness.

11. FREQUENTING HOUSE OF ILL FAME. To frequent a house of ill fame, bawdy house or disorderly house, or to be found therein without lawful reason.

12. SOLICITING. To ask, request or solicit another to have carnal knowledge with any male or female for a consideration or otherwise, or to transport others to or from a bawdy house, disorderly house or house of ill fame, knowing the character or reputation of such places.

13. GAMING, BETTING, STAKING AND BOOKING. To play at any game for any sum of money or other property of any value, or to make any bet or wager for money or other property of value, or to record or register bets or wagers or sell pools on the result of any trial or contest of skill, speed or power of endurance of a man or beast, or on the result of any political nomination or election, or to receive as custodian or depository, for hire or reward, money, property, or thing of value staked, wagered or bet on the above results, except as allowed by State Law.

14. KEEPING GAMBLING HOUSE. To keep a house, shop or place resorted to for the purpose of gambling, or knowingly to permit or suffer any person in any house, shop or other place under the perimeter’s control or care, to play at cards, dice, faro, roulette, equality, punchboard, slot machine or other game for money or other things of value, except as allowed by State Law.

15. POSSESSION OF GAMBLING DEVICE. Intentionally to have, keep or hold in possession or control, except under proceedings to destroy the same, any roulette wheel, klondyke table, poker table, punch board, faro or keno layouts or any other machines or equipment used for gambling, or any slot machine or device with an element of chance attending such operation, except as allowed by State Law.

16. LOTTERIES AND LOTTERY TICKETS. To make or aid in making or establishing, or to advertise or make public any scheme for any lottery; or to advertise, offer for sale, sell, negotiate, dispose of, purchase or receive any ticket or part of a ticket or number thereof in any lottery; or to have in one's possession any ticket, part of any ticket or paper purporting to be the number of any ticket of any lottery with intent to sell or dispose of the same on his own account or as the agent of another, except as allowed by State Law.

17. ILLEGAL KEEPING OF INTOXICANTS. To operate or conduct or allow to be operated, a place where intoxicating liquor is illegally kept, sold, or given away.

18. ILLEGAL LIQUOR CONSUMPTION OR INTOXICATION. To use or consume any alcoholic liquor or to be intoxicated on a public street or highway or in any public place.

19. GIVING OF SELLING INTOXICANTS TO MINORS. To sell, give or otherwise supply alcoholic liquor to any person under the legal age as established by State Law, or knowingly to permit any person under that age to consume alcoholic liquors except in the case of alcoholic liquor given or dispensed to a person under said age by a parent or guardian for beverage or medicinal purposes or as administered to him by a physician or dentist for medical purposes.

20. FRAUDS UPON HOTEL KEEPERS. To obtain food, lodging or other accommodation at any hotel, inn or boarding or eating house with the intent to defraud the owner or keeper.

21. CRUELTY TO ANIMALS. To be cruel to any animal by depriving it of necessary sustenance or protection, or by abandoning, beating, tormenting, maiming, disfiguring or overworking it, or by committing any other action or omission by which unjustifiable pain, distress, suffering, or death is caused, or knowingly permitted to any animal or animals, or by procurement of any of the above acts or omissions whether the acts or omissions are committed maliciously, willfully or negligently.

22. ANIMALS RUNNING AT LARGE. To allow cattle, horses, swine, sheep or other similar animals or domestic fowl to run at large within the City.

23. BOTHERSOME ANIMALS. To keep within the City such bothersome animals as barking dogs, bees, cattle, horses, swine and sheep which tend to disrupt peace and good order of the community.

24. VICIOUS ANIMALS. To keep or harbor any vicious animal of any kind within the City.

25. BULLFIGHTS AND OTHER CONTESTS. To keep or sue, or in any way be connected with, or be interested in the management of, or receive money for the admission of any person to any place kept or used for the purpose of fighting or baiting any bull, dog, cock or other creature, or to engage in, aid, abet, encourage or assist in any bull, dog, or cock fight, or fight between any other creatures.

26. REMOVAL OF SAFEGUARDS OR DANGER SIGNALS. Willfully to remove, throw down, destroy, extinguish or carry away any light, obstruction, guard or other similar article or thing erected or placed on any highway, street, alley, avenue or bridge for the purpose of guarding or enclosing unsafe or dangerous places without the consent of the person in control of that safeguard or danger signal.

27. OBSTRUCTING, DEFACING OR INJURING STREETS. Willfully to obstruct the free passage of or injure or deface public streets, highways or alleys by digging or breaking or by placing objects in such streets highways and alleys without permission from the Mayor of said City.

28. OBSTRUCTING SIDEWALKS. Willfully to obstruct the free passage of or injure or deface sidewalks by digging or breaking or placing objects on such sidewalk without permission from the Mayor of said City.

29. REMOVAL OF HYDRANT CAPS, SEWER CAPS OR MANHOLE COVERS. To remove or carry away hydrant caps, sewer caps or manhole covers without the consent of the person in control thereof.

30. UNCOVERED HAZARDS. To create or allow to exist without adequate safeguards, any uncovered hazard such as open cellar doors, open cesspools, open wells, holes in sidewalks or open excavations of any kind.

32. RESISTING ARREST OR EXECUTION OF PROCESS. Willfully and knowingly to resist or aid in resisting any policeman, officer, City official or person in the discharge of his duty in making a lawful arrest or in serving or attempting to serve a legal writ, rule, order or process.

33. INTERFERENCE WITH CITY OFFICERS. To interfere with or hinder any policeman, fireman, officer or City hall official in the discharge of his duty.

34. ASSISTING AN OFFICER. When lawfully required, willfully to neglect or refuse to assist any sheriff, deputy sheriff, coroner, constable, marshal or other officer in the execution of his office in any criminal case, or in any case of escape or rescue.

35. IMPERSONATING OFFICERS. Falsely and without lawful authority to claim or represent to be a policeman, officer or City official, or to exercise or attempt to exercise without lawful authority any of the duties, functions or powers of a policeman, officer or City official.

36. BARB WIRE. To use barb-wire to enclose land within the City limits without the consent of the City Council.

37. GLASS, TACKS, NAILS, ETC. ON STREETS AND SIDEWALKS. To throw or deposit on any street, highway, alley, sidewalk or public or private property any glass bottle, glass, tacks, nails, wire, cans, trash, garbage, rubbish, litter, offal or any other debris, or any other substance likely to injure any person, animal or vehicle, or likely to engender offensive odors and sights.

38. ANTENNA AND RADIO WIRES. To allow antenna wires, antenna supports, radio wires or television wires to exist over any street, alley, highway, sidewalk or public property.

39. SALE OF TAINTED FOOD. To sell or offer for sale, any tainted, unsound or rotten meat, fish, fowl, fruit, vegetables, eggs, butter, canned goods, packaged goods or other articles of food; or to sell or offer for sale the flesh of any animal that was diseased.

40. SPITTING IN FOOD ESTABLISHMENTS. To expectorate within any food establishment except into cuspidors.

41. DISCHARGING FIREARMS. To discharge rifles, shotguns, revolvers, pistols, guns, bb guns, slingshots or firearms of any kind within the City limits, except by authorization of the City Council.

42. FIREWORKS. To explode or use any fireworks within the City, except blank cartridges for a show, theater or sporting event, or by railroads or trucks for signal purposes, or by a recognized military organization, without having obtained a permit from the City Council for a competent operator to control such use.

43. STENCH BOMBS. To throw, drop, pour, explode, deposit, release, discharge or expose any stench bomb or tear bomb, or any liquid, gaseous or solid substance or matter of any kind that is injurious to persons or property, or that is nauseous, sickening, irritating or offensive to any of the senses in, on or about any theater, restaurant, car, structure, place of business or amusement or any place of public assemblage, or to attempt to do any of these acts, or to prepare or possess such devices or materials with intent to do any of these acts. This provision shall not apply to duly constituted police, military authorities, prison officials or peace officers in the discharge of their duties, or to licensed physicians, nurses, pharmacists, and other similar persons licensed under the laws of this state; nor to any established place of business or home having tear gas installed as a protection against burglary, robbery or holdup, nor to any bank or other messenger carrying funds or other valuables.

44. CARRYING CONCEALED WEAPONS. To carry a dirk, dagger, sword, pistol, revolver, stiletto, metallic knuckles, pocket billy, sandbag, skull cracker or other offensive or dangerous weapon, except hunting knives adapted and carried as such, concealed either on or about the person, except in one's own dwelling, place of business or on other land possessed by him or when permitted by the sheriff of the county or state commissioner of public safety.

45. THROWING AND SHOOTING. To throw stones or missiles of any kind or to shoot arrows, rubber guns, sling shots, air rifles or other dangerous instruments or toys on or into any street, highway, alley sidewalk or public place.

46. REFRIGERATORS AND ICE BOXES. To place, or to allow to be placed, any discarded, abandoned, unattended or used refrigerator, ice box, or similar container equipped with an air-tight door or lid, snap locks or other locking device which cannot be released from the inside, in a location accessible to children, either outside any building, dwelling or other structure under his or their control, without first having removed the door, lid or locking device. This provision applies equally to the owner of any such refrigerator, ice box or similar container, and to the owner or occupant of the premises where the hazard is permitted to remain.

47. DEFACING PUBLIC GROUNDS. To damage or destroy any tree, shrub or lawn in a public park or on a public street by willfully defacing, cutting, breaking or injuring, except by authority of the Mayor of said City.

48. INJURING NEW PAVEMENT. Willfully to injure new pavement in any street, alley or sidewalk by willfully driving, walking or making marks on such pavement before it is ready for use.

49. DRAGGING ON STREETS. Willfully to injure any street by driving, propelling or dragging any vehicle having cleats, lugs, or other non-slipping devices attached to its wheels on such street, or by dragging any heavy object on or across any street in a manner injurious to such street.

50. DESTROYING PARK EQUIPMENT. To destroy or injure any property or equipment in public swimming pools, playgrounds or parks by willfully defacing, breaking, damaging, mutilating or cutting.

51. DEFACING LIBRARY PROPERTY. Willfully, maliciously or wantonly to injure in whole, or in part, any newspaper, periodical, book, map pamphlet, chart, picture or other property belonging to any public library or reading room by willfully tearing, defacing, mutilating or destroying.

52. DEFACING NOTICES. To damage or destroy any public notice, advertisement or proclamation set up by authority of law, or by order of any court, by intentionally defacing, obliterating or tearing down such notice, advertisement or proclamation in whole or in part, during the time for which the same is to remain set up.

53. INJURY TO FIRE APPARATUS. Willfully to destroy or injure fire hose or other fire apparatus.

TELEVISION EQUIPMENT. Maliciously to damage or destroy street lamps, insulators or other street lighting apparatus or telephone or cable television systems by breaking, defacing, burning, mutilating or cutting, or by throwing or shooting any missile at such apparatus or system.

55. TAMPERING WITH GAS, WATER AND LIGHT METERS OR CONDUITS. To tamper with any gas, water or light meter or willfully to injure or destroy any gas or water pipe or main.

ELECTRIC SYSTEMS. Willfully to tap on to any gas line, water main or telephone, cable television or electric system without permission from the person in charge of such line, main or system.

57. INJURING PROPERTY. Willfully to injure or destroy any railing, fence, tree, shrubbery, building or other property on any private property without the consent of the owner.

58. TRAINS BLOCKING STREETS. For any railway company, or employee of such railway company, conducting or in charge of any train, part of train or engine, to leave the same standing across any street or highway within the corporate limits of the City of Alburnett, Iowa, in such a manner as to obstruct or impede travel on said streets or highways to exceed five minutes at any one time.

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

SECTION 1. DEFINITIONS. For use in this chapter, the following terms are defined:

1. “Driveway” means an established hard surface or crushed rock base portion of a residential lot leading from the street to an existing garage or to the side of the house if there is no garage and does not include any area of a grassed yard.

2. “Junk” means all old or scrap copper, brass, lead, or any other non-ferrous metal; old or discarded rope, rags, batteries, paper, trash, rubber, debris, waste or used lumber, or salvaged wood; dismantled vehicles, machinery and appliances or parts of such vehicles, machinery or appliances; iron, steel or other old or scrap ferrous materials; old or discarded glass, tinware, plastic or old or discarded household goods or hardware. Neatly stacked firewood located on a side yard or a rear yard is not considered junk.

3. The term “junk” or “junk vehicle” means any vehicle within the corporate limits of the City which has any one or more of the following characteristics:

A. Any vehicle with a broken or cracked windshield, or window or headlight, or any other cracked or broken glass, unless in storage with the county treasurer and stored indoors or covered with a tarp.

B. Any vehicle with a broken or loose: fender or door or bumper or hood, or door handle or window handle or running board, steering wheel, truck top or trunk handle or radio aerial or tail pipe, unless in storage with the county treasurer and stored indoors or covered with a tarp.

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

D. Any inoperable vehicle which contains gasoline or any other flammable fuel. Inoperable means a vehicle that cannot be moved under its own power or has not been used as an operating vehicle for a period of thirty (30) days or more.

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, unless in storage with the county treasurer and stored indoors or covered with a tarp.

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

G. Is not licensed, unless in storage with the county treasurer and stored indoors or covered with a tarp.

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

SECTION 2. JUNK AND JUNK VEHICLES PROHIBITED. It is unlawful for any person to store, accumulate, or allow to remain on any private property within the corporate limits of the City any junk or junk vehicle.

SECTION 3. JUNK AND JUNK VEHICLES A NUISANCE. It is hereby declared that any junk or junk vehicle located upon private property, unless excepted by Section 4, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of Section 657.1 of the Code of Iowa. If any junk or junk vehicle is kept upon private property in violation hereof, the owner of or person occupying the property upon which it is located shall be prima facie liable for said violation.

1. Structure. Any junk or a junk vehicle stored within a garage or other enclosed structure.

2. Business Enterprise. A business enterprise lawfully involved in the repair, maintenance, sales or salvage of vehicles provided they comply with the requirements for location, screening and storage as prescribed by the zoning regulations.

3. Vehicle Repair. A vehicle under active repair parked upon the driveway of a residentially zoned property not having a garage, provided the owner has notified the Police Department in writing of the owner’s intent to actively repair the vehicle and the repairs are completed within thirty (30) days of the notification.

SECTION 5. NOTICE TO ABATE. Upon discovery of any junk or junk vehicle located upon private property in violation of Section 3, the City shall within five (5) days initiate abatement procedures as outlined in Chapter 8 of this Code of Ordinances.

SECTION 6. PARKING UNLICENSED VEHICLES. Unless excepted under the provisions of Section 4, no owner of real estate, person in possession of real estate or owner of a vehicle shall allow an unlicensed vehicle to be parked or stored in the required front, back or side yard in any zoning district. All such vehicles must be parked upon an established driveway or parking space on such property. No more than one such vehicle shall be parked upon any property at any one time.

SECTION 1. PURPOSE. The purpose of this chapter is to designate responsibility for the removal of weeds and cutting of grasses within the City, to define the same as nuisances and to provide for their abatement in order to provide for the safety and preserve the health and welfare of the citizens of the City.

SECTION 2. DEFINITIONS. For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein.

1. “Chemical control” means the application of a herbicide (weed killer) in strict accordance with the directions on the product and the regulations of the Code of Iowa, Chapter 206 (the Pesticide Act), and all additions thereto that may be adopted.

2. “Conservation area” means an area that is planted with ground cover plants of a size and texture compatible with the environment and maintained accordingly.

4. “Ground cover” means plants with the growth and root capacity to cover and stabilize an area of soil and to prevent erosion.

5. “Natural area” means an area allowed to retain native plant material in a natural state and municipal water ways, water detention and retention basins wherein plant materials help to maintain soil conservation and/or prevent erosion.

6. “Noxious weeds” means primary and secondary classes of weeds as defined by the Code of Iowa, and all additions to this list as so declared by the State Secretary of Agriculture.

7. “Parking” means that part of the street, avenue or highway in the City not covered by sidewalk and lying between the lot line and curb line; on unpaved streets, the parking is that part of the street, avenue, or highway lying between the lot lines and that portion of the street usually traveled by vehicular traffic.

8. “Right-of-way” means the entire width of a platted street or alley in use or undeveloped.

9. “Soil erosion control” means a method of planting and cultivation, or lack of same, designed to retain soil and to prevent soil movement caused by natural or manmade causes.

11. “Unmowed or untended area” means an area allowed to grow without care and supervision, where weeds and grasses are more than the allowed height.

12. “Weed Official” means the person designated by the Mayor to enforce this chapter.

13. “Weeds” means any plants growing uncultivated and out of context with the surrounding plant life when such plant has a seed head formed or forming and with a height of eight (8) inches or more, except as otherwise provided in this chapter.

SECTION 3. AUTHORITY FOR ENFORCEMENT. The Mayor or person designated by the Mayor is responsible for the enforcement of this chapter and shall have all the necessary authority to carry out the enforcement of this chapter. Said designee shall be known as the Weed Official.

SECTION 4. INTERFERENCE WITH WEED OFFICIAL. No persons shall interfere with the Weed Official or any appointed assistant while engaged in the enforcement of this chapter.

SECTION 5. NUISANCES. Except as provided elsewhere in this chapter, the following provisions shall apply:

1. Each owner and each person in the possession or control of any land shall cut or otherwise destroy, in whatever manner prescribed by the Weed Official, all noxious weeds thereon and shall keep said lands free of such growth.

2. Each owner and each person in possession or control of any property shall be responsible to keep said lot, along with parking adjacent thereto, alleys, public ways or areas up to the centerline of said ways free of any noxious weeds and to keep grasses and weeds on said lot mowed so that grass and weeds are less than 8 inches in height. However, grass and weeds located on undeveloped and un-platted property located more than 100 feet from developed or platted property shall be mowed so that grass and weeds are less than 18 inches in height.

3. Each owner and each person in the possession or control of any lands shall not allow any plant growth of any sort to remain in such a manner as to render the streets, alleys or public ways adjoining said land unsafe for public travel or in any manner so as to impede pedestrian or vehicular traffic upon any public place or way.

4. Where waterways or watercourses are found upon any developed or undeveloped lot, the owner or person in possession or control shall keep the flat or level part of the bank of said waterway free of any weeds and grasses more than 18 inches in height. Should such waterways or watercourses be found within the right-of-way of a street or alley, the adjacent property owner or person in possession or control shall be responsible to keep the flat or accessible portion of creek bank free of any weeds or grasses more than 18 inches in height.

5. No owner or person in possession or control of any developed or undeveloped lot shall allow plant growth or the accumulation of plant materials on such lot to remain in such a state so as to constitute a fire hazard. In no instance shall cut plant material accumulations be located within 150 feet of a building, structure, recreation area (not including the width of any intervening street) or within 125 feet of a street right-of-way.

1. Designation. The Weed Official, upon application of the owner or person in possession or control of any lot, may designate such lot or portion thereof or any adjacent undeveloped public way as a natural or conservation area. Prior to designating such area, the Weed Official shall consider the following factors: grade or incline of said tract, the difficulty to control or maintain said tract, whether said tract is being maintained as either a soil erosion control area or a conservation area. Any person affected by the designation or lack thereof may appeal said determination to the City Manager.

2. Natural or Conservation Areas. Natural or conservation areas need not be mowed and shall be left in their natural state, except that noxious weeds shall be removed or controlled.

3. Public Ways. Sidewalks or other public ways that lie adjacent to or extend through a natural or conservation area must be open and free from any obstructions to pedestrians or vehicular traffic.

SECTION 7. ENFORCEMENT. It shall be the duty of the Weed Official to inspect all areas of complaint and in the case of a legitimate complaint to notify the last known owner or person in possession (or control) of the area of violation of this chapter. Said notice shall be by certified mail and allow five (5) days after mailing said notice as a period of time to eliminate said violations. Return receipt with signature is not required for said notice. The Weed Official shall charge an administrative fee in the amount of twenty-five dollars ($25.00) for each legitimate complaint. Upon failure of the owner or person in possession or control to act within the prescribed five-day time period, the City may perform the required action and assess costs against the property for collection in the same manner as a property tax. In the event such action is taken, the Weed Official may obtain competitive quotes to have the required action performed. If no quotes are obtained, the City may have the City personnel perform the required action at rates which shall be established by resolution of the Council from time to time, which rates shall constitute costs to be assessed against the property as provided herein. In addition to the foregoing remedy and other remedies by law, the Weed Official may file misdemeanor charges against such individuals.

SECTION 8. EMERGENCY CONTROL MEASURES. Notwithstanding any other provisions of this chapter, whenever in the judgment of the Weed Official or the Fire Chief an emergency exists creating a health, safety or fire hazard which may require weed or grass control without prior notice, control measures shall be taken and costs assessed against the property for collection in the same manner as property tax. However, prior to such assessment, the City shall give the property owner notice by certified mail and an opportunity for a hearing before the Council.

SECTION 9. CONTROL OF WEEDS OR OTHER VEGETATION. The Clerk shall annually on or before June 1 each year and August 1 of each year publish a Notice to Property Owners generally setting forth the duty to control weeds and other vegetation which might be a nuisance in violation of this Code of Ordinances. The Weed Official or the City Manager may cause a Notice to Abate Nuisance to be served upon any property owner who fails to comply with the published notice or any person who at any other time has weeds or other vegetation in violation of this Code of Ordinances and shall submit the cost to the Council for assessment as provided in Section 364.12 of the Code of Iowa. In the event of an emergency as set forth in Section 364.12, the notice requirement may be dispensed with. In abating a nuisance under this Code of Ordinances, the City Manager or Weed Official is hereby authorized and directed to employ such persons and rent any and all equipment necessary for the abatement of the nuisance and the costs thereof shall be assessed.

SECTION 10. HABITUAL VIOLATORS. If the owner or person in control of any land has previously received a notice to abate nuisance relating to weeds within the preceding 24 months, then, the notice to abate nuisance may include notice that such owner or person in control of said property will be considered to be an habitual violator of this chapter and that if the nuisance is not abated within the allowed time, the City will consider the property to be subject to having a contract let by the City for mowing property as needed up to a weekly basis for the next following 24-month period of time and that the full cost of said contract together with an administrative fee of two hundred fifty dollars ($250.00) will be assessed against the property.

GARBAGE AND REFUGE COLLECTION

SECTION 1. DEFINITIONS. For use within this ordinance, the following terms are defined:

"Person" includes any individual, firm, corporation, trust, and other organized group, or any government.

"Refuse" includes all garbage, rubbish, ashes, or other substances offensive to sight or smell, dangerous to the public health or detrimental to the best interests of the community, except dead animals not killed for food.

"Garbage" includes all animal, fruit, vegetable and other refuse resulting from the preparation of food and drink.

"Rubbish" includes all other refuse not falling within the term "Garage" except those objects too large to be placed in cans.

"Cans" means a container for the storage of garbage or rubbish which is (1) provided with a handle and tight- fitting cover, (2) water tight, (3) substantially made of galvanized iron or other non-rusting material, and (4) of a size that may be conveniently handled by the collector.

"Yard Waste" means debris such as grass clippings, leaves, garden waste, brush, and trees. Yard waste does not include tree stumps.

SECTION 2. DUTY TO PROVIDE CANS. Each person shall provide cans for the storage of garbage and cans, or other container, for rubbish accumulating on premises owned or occupied by him. Such cans shall be kept covered and reasonably clean at all times. They shall be placed in a position readily accessible to the collector outside of dwellings but not in alleys or streets.

No person shall permit garbage to accumulate upon premises owned or occupied by him unless in cans. Nor shall he deposit refuse upon any other premises in the City of Alburnett.

SECTION 4. STORAGE. All garbage must be drained and that accumulating from dwellings must be wrapped in paper and placed in a can used only for garbage. All rubbish shall be placed in a separate can or other container.

SECTION 5. COLLECTION. All garbage must be taken from dwellings at least once each week and from business establishments as frequently as the Council may require.

SECTION 6. OPTIONAL MEANS OF COLLECTION. It is optional whether the City of Alburnett:

The Council, by resolution, elects the method or methods to be used in the collection of garbage and rubbish.

If the City of Alburnett, by its Council, elects to own the equipment or to contract for the collection of garbage and rubbish, it defrays this cost as provided by state law.

The Council may establish regulations necessary to protect the public health, which each permit holder must obey. Upon the holder's failure to comply with the rules established or the provisions of this ordinance, the Council may revoke the permit.

SECTION 7. NECESSITY OF PERMIT. No person shall collect garbage or rubbish, except his own, unless authorized by contract or permit. Cost of an annual permit shall be Ten Dollars ($10.00).

person shall dispose of all refuse, other than garbage and rubbish, accumulating on any premises he owns, or occupies, before it becomes a nuisance. If it does become a nuisance, the local board of health will deal with it as provided in the Iowa Code.

SECTION 9. SEPARATION OF YARD WASTES REQUIRED. All yard wastes shall be separated by the owner or occupant from all other garbage and refuse accumulated on the premises and shall be composted on the premises or placed in specified container(s) for collection and or final disposal at a permitted sanitary landfill or other approved disposal facility.

SECTION 1. PURPOSE. The purpose of the chapters in this Code of Ordinances pertaining to Solid Waste Control is to provide for the sanitary storage, collection and disposal of solid waste and, thereby, to protect the citizens of the City from such hazards to their health, safety and welfare as may results from the uncontrolled disposal of solid waste.

SECTION 2. DEFINITIONS. For use in these chapters the following terms are defined:

1. ”Collector” means any person authorized to gather solid waste from public and private places.

2. “Director” means the director of the State Department of Natural Resources or any designee.

4. “Dwelling unit” means any room or group of rooms located within a structure and forming a single habitable unit with facilities which are used, or are intended to be used , for living, sleeping, cooking and eating.

5. “Garbage” means all solid and semisolid, putrescible animal and vegetable waste resulting from the handling, preparing, cooking, storing, serving and consuming of food or of material intended for use as food, and all offal, excluding useful industrial by-products, and includes all such substances from all public and private establishments and from all residences.

6. “Landscape waste” means any vegetable or plant waste except garbage. The term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery and yard trimmings.

7. ”Litter” means any garbage, rubbish, trash, refuse, wage materials or debris.

8. “Owner” means, in addition to the record titleholder, any person residing in, renting, leasing, occupying, operating or transacting business in any premises, and as between such parties the duties, responsibilities, liabilities and obligations hereinafter imposed shall be joint and several.

9. “Refuse” means putrescible and non-putrescible waste, including but not limited to garbage, rubbish, ashes, incinerator residues, street cleanings, market and industrial solid waste and sewage treatment waste in dry or semisolid form.

10. “Residential premises” means a single-family dwelling and any multiple-family dwelling.

11. “Residential waste” means any refuse generated on the premises as a result of residential activities. The Term includes landscape waste grown on the premise or deposited thereon by the elements, but excludes garbage, tires, trade wastes and any locally recyclable goods or plastics.

12. “Rubbish” means non-putrescible solid waste consisting of combustible and non-combustible waste, such as ashes, paper, cardboard, tin cans, yard clippings, wood, grass, bedding, crockery or litter of any kind.

13. “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.

14. “Sanitary disposal project” means all facilities an 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 wage without creating a significant hazard to the public health or safety, and which are approved by t he Director.

15. “Solid waste” means garbage, refuse, rubbish, and other similar discarded solid or semisolid materials, including but not limited to a such materials resulting from industrial, commercial, agricultural, and domestic activities. Solid waste may include vehicles, as defined by subsection one of Section 321.1 of the Code of Iowa.

SECTION 3. SANITARY DISPOSAL REQUIRED. It is the duty of each owner to provide for the sanitary disposal of all refuse accumulating on the owner’s premises before it becomes a nuisance. Any such accumulation remaining on any premises for a period of more than thirty (30) days shall be deemed a nuisance and the City may proceed to abate such nuisances in accordance with the provisions of Chapter 9 or by initiating proper action in district court.

SECTION 4. HEALTH AND FIRE HAZARD. It is unlawful for any person to permit to accumulate on any premises, improved or vacate, or on any public place, such quantities of solid waste that constitute a health, sanitation or fire hazard.

Chapter 13, sections 5, 6, 7 and 8 of the Alburnett City Code are hereby repealed, and a new section 5 of Chapter 13 is hereby added as follows:

This ordinance is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the City of Alburnett due to the air pollution and fire hazards of open burning and outdoor burning.

This ordinance applies to all outdoor burning and open burning within the City of Alburnett.

a. This ordinance does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.

b. This ordinance does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation.

c. This ordinance does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.

Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.

a. “Campfire” means a small outdoor fire not to exceed three feet (3 FT) in diameter by three feet (3 FT) in height intended for recreation or cooking but not including a fire intended for disposal of waste wood or refuse.

b. “Clean wood” means natural wood which has not been painted, varnished or coated with a similar material; has not been pressure treated with preservatives; and does not contain resins or glues as in plywood or other composite wood products.

c. “Construction and demolition waste” means building waste materials, including but not limited to waste shingles, insulation, lumber, treated wood, painted wood, wiring, plastics, packaging, and rubble that results from construction, remodeling, repair, and demolition operations on a house, commercial or industrial building, or other structure.

d. “Fire Chief” means the Chief of the City of Alburnett Fire Department or other person designated by the Fire Chief.

f. “Outdoor burning” means open burning or burning in an outdoor wood-fired boiler or patio wood burning unit.

g. “Open burning” means kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney. This includes burning in a burn barrel or other device intended to burn refuse.

h. “Outdoor wood-fired boiler” means a wood-fired boiler, stove or furnace that is not located within a building intended for habitation by humans or domestic animals.

i. “Patio wood-burning unit” means a chimnea, patio warmer, or other portable wood-burning device used for outdoor recreation and/or heating.

j. “Refuse” means any waste material except trees, logs, brush, stumps, leaves, grass clippings, and other vegetative matter.

Open burning and outdoor burning are prohibited in the City of Alburnett unless the burning is specifically permitted by this ordinance.

a. Open burning of refuse from a commercial or industrial establishment is prohibited.

b. Open burning of refuse from a single or multi family dwelling is prohibited including but not limited to the following:

2. Hazardous substances including but not limited to batteries, household chemicals, pesticides, used oil, gasoline, paints, varnishes, and solvents.

5. Any plastic materials including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.

8. Treated or painted wood including but not limited to plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.

b. Open burning of trees, logs, brush, and stumps is allowed only in accordance with all of the following provisions

1. Except for campfires and patio wood burners, a permit issued in accordance with Section “K” of this ordinance must be obtained prior to open burning under this Section.

2. Open burning of trees, logs, brush, and stumps must be conducted at least 660 feet (1/8 mile) from an incorporated city or village limit.

3. Except for barbecue, gas, and charcoal grills, no open burning shall be undertaken during periods when a burning ban has been issued by state or local authorities applicable to the area.

4. All allowed open burning shall be conducted in a safe, nuisance-free manner, when wind and weather conditions minimize adverse effects and do not create a health hazard or a visibility hazard on roadways, railroads or airfields. Open burning shall be conducted in conformance with all local and state fire protection regulations.

5. Outdoor campfires and small bonfires for cooking, ceremonies, or recreation are allowed.

6. Open burning under this section shall only be conducted at a location at least 25 feet from the nearest building which is not on the same property for small campfires and 50 feet from the nearest building which is not on the same property for all other fires.

7. Except for campfires and patio wood burners, open burning shall only be conducted between the hours of 7:00 AM and 9:00 PM.

8. Open burning shall be constantly attended and supervised by a competent person of at least eighteen (18) years of age until the fire is extinguished and is cold. The person shall have readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire.

9. No materials may be burned upon any street, curb, gutter or sidewalk or on the ice of a lake, pond, stream, or water body.

10. Except for barbecue, gas, and charcoal grills, no burning shall be undertaken within 25 feet from any combustible material, combustible wall or partition, exterior window opening, exit access or exit unless authorized by the Fire Chief.

Open burning of weeds, brush, and crop stubble on agricultural lands is allowed if conducted in accordance with other applicable provisions of this ordinance including but not limited to obtaining a permit issued in accordance with section “K”.

A patio wood-burning unit may be installed and used in the City of Alburnett only in accordance with all of the following provisions:

c. The patio wood-burning unit shall be located at least 25 feet from the nearest structure which is not on the same property as the patio wood burning unit.

Notwithstanding sections 7 and 8 of this ordinance, structures and other materials may be burned for fire prevention training only in accordance with all of the following provisions.

a. The burn must be exclusively for fire prevention training. The burning shall not be used as a means to dispose of waste material including tires and other hazardous materials.

b. Any standing structure that will be used in a fire suppression training requires the proper permits to be obtained through the State of Iowa and County of Linn, Iowa.

c. All asbestos must be removed prior to conducting the fire suppression training. If the structure is a residential dwelling, the owner may remove the asbestos or have it removed by a licensed abatement contractor. If it is a commercial building, all asbestos must be removed by a licensed abatement contractor.

d. At least seven days before a planned practice burn, residents within 2,000 feet of the site of the proposed burn shall be notified.

e. All fire suppression training should conform to the guidelines established by the National Fire Protection Association (NFPA) Standard on Live Fire Training Evolutions (NFPA 1403).

a. No person shall start or maintain any outdoor burning or open burning covered under this section without a burning permit issued by the County of Linn, Iowa Department of Public Health.

b. Any violation of the conditions of the burning permit shall be deemed a violation of this ordinance. Any violation of this ordinance or the burning permit shall void the permit.

A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.

The Fire Chief, Linn County Sheriff’s Department or any authorized officer, agent, employee or representative of the City of Alburnett who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this ordinance.

a. The Fire Chief, Linn County Sheriff’s Department or any officer, agent, employee or representative of the City of Alburnett who presents credentials are authorized to enforce the provisions of this ordinance.

b. Any person, firm, association, partnership, corporation, or governmental entity who violates any of the provisions of this ordinance or fails to comply with a duly authorized Order issued pursuant to this ordinance shall be deemed to be responsible for a municipal civil infraction as defined by Iowa Statute which shall be punishable by civil fine determined in accordance with the following schedule:

First violation within 24 month period……..$50.00

Second violation within 24 month period….$100.00

Third and subsequent violations will be filed with the appropriate district court in and for the state of Iowa and charged as a simple misdemeanor and, upon conviction, be subject to a fine of not more than five hundred dollars ($500.00) or imprisonment not to exceed thirty days.

c. The violator shall pay costs which may include all expenses, direct and indirect, which the City of Alburnett has incurred in connection with the municipal infraction. In no case, however, shall costs of less than $10.00 nor more than $500.00 be ordered. In addition, the City of Alburnett shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with this Ordinance. Each day that a violation of this Ordinance exists shall constitute a separate violation of this Ordinance.

(1) A rubbish burner must be a metal container, with a cover, or wire mesh for cover, with vent holes not to exceed one (1) inch in size.

(3) An approved incinerator must be made of metal or other noncombustible material, with smokestack and spark arrester.

(1) Burning is allowed only between the hours of 7:00 o’clock A.M. and 9:00 o’clock P.M.

(1) No burner or incinerator shall be placed within 15 feet of any building, unless specifically approved by the Fire Chief.

(1) No person shall burn material such as vegetable, animal, or fruit matter even in an approved container. Material of this nature may be burned in an electric or natural gas-fired incinerator of an approved type.

(2) No person shall burn combustible material of any type in an open fire or bonfire unless it is 25 feet away from any structure and unless such person is of mature age, or judgment, and remains in constant attendance while such fire is burning. The fire must be of limited size as to allow the person in charge to have complete control over it, and remain in constant attendance until such fire is extinguished. Attendant must have a garden hose immediately available, at the site of the fire, and already connected to a water source.

(3) No person shall burn leaves, weed, grass, rubbish, brush, or other debris in any place or in such quantities as to endanger surrounding property. No person shall ignite the materials as mentioned herein when wind is of a velocity to carry burning embers beyond the control of such person or persons in attendance.

(4) No person shall burn trees of any size. Trees shall be disposed of at designated areas named by City Officials.

(5) No person shall kindle any fire in or upon any paved street or public way except in an approved burner or incinerator maintained for that purpose.

(6) No person shall kindle or maintain any bonfire or furnish materials for such fire or authorize any such fire to be kindled or maintained or burn any rubbish within the city limits

(7) No person shall deposit ashes, smoldering coals, embers, greasy or oily substances or other matters liable to create spontaneous ignition within fifteen (15) feet of any wooden or plastered wall, partition, fence, floor, sidewalk, lumber, hay, shavings, rubbish, or other combustible materials.

SECTION 9. LITTERING PROHIBITED. No person shall discard any litter onto or in any water or land, except that noting 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 vehicles shall be responsible for the act in any case where doubt exists as to which occupant of the motor vehicle actually discarded the littler.

SECTION 10. OPEN DUMPING PROHIBITED. No person shall dump or deposit or permit the dumping or depositing of any solid waste on the surface of the ground or into a body or stream of water at any place other than a sanitary disposal project approved by the director, unless a special permit to dump or deposit solid waste on land owned or leased by such person has been obtained from the Director.

SECTION 11. TOXIC AND HAZARDOUS WASTE. No person shall deposit in a solid waste container or otherwise offer for collection any toxic or hazardous waste. Such materials shall be transported and disposed of as prescribed by the Director. As used in this section, “toxic and hazardous waste” means waste materials, including but not limited to, poisons, pesticides, herbicides, acids, caustics, pathological waste, flammable or explosive materials and similar harmful waste which requires special handling and which must be disposed of in such a manner as to conserve the environment and protect the public health and safety.

SECTION 12. WASTE STORAGE CONTAINERS. Every person owning, managing, operating, leasing or renting any premises, dwelling unit or any place where refuse accumulates shall provide and at all times maintain in good order and repair portable containers for refuse in accordance with the following:

1. Container Specifications. Waste storage containers shall comply with the following specifications:

A. Residential. Residential waste containers, whether they be reusable, portable containers or heavy-duty disposable garbage bags, shall be of not more than thirty-five (35) gallons in nominal capacity, and shall be leak-proof and waterproof. The total weight of any container and contents shall not exceed sixty-five (65) pounds. Disposable containers shall be kept securely fastened and shall be of sufficient strength to maintain integrity when lifted, and reusable containers shall be in conformity with the following:

(1) Be fitted with a fly-tight lid which shall be kept in place except when depositing or removing the contents of the container;

(3) Be of a type originally manufactured for the storage of residential waste with tapered sides for easy emptying;

Galvanized metal containers, rubber of fiberglass containers and plastic containers which do not become brittle in cold weather may be used.

B. Commercial. Every person owning, managing, operating, leasing or renting any commercial premise where an excessive amount of refuse accumulates and where its storage in portable containers as required above is impractical, shall maintain metal bulk storage containers approved by the City.

2. Storage of Containers. Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner has been granted written permission from the City to use public property for such purposes. The Storage site shall be well drained; fully accessible to collection equipment, public health personnel and fire inspection personnel. All owners of residential and commercial premises shall be responsible for proper storage of all garbage and yard waste to prevent materials from leaving the premises except at collection.

3. Location of Containers for Collection. Containers for the storage of solid waste and recycling items awaiting collection shall be placed at the curb or alley line by the owner or occupant of the premises served. Containers for solid waste and recycling items shall not be placed at the curb or alley line prior to that day on the day prior to regularly scheduled trash collection and not later than six o’clock (6:00) a.m. on the scheduled collection day and shall be promptly removed from the curb line following collection.

4. Nonconforming Containers. Solid waste containers which are not adequate will be collected together with their contents and disposed of after due notice to the owner.

1. Unlawful Use of Containers. Deposit refuse in any solid waste containers not owned by such person without the written consent of the owner of such containers.

2. Interfere with Collectors. Interfere in any manner with solid waste collection equipment or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors be those of the City, or those of any other authorized waste collection service.

3. Incinerators. Burn rubbish or garbage except in incinerators designed for high temperature operation, in which solid, semisolid, liquid or gaseous combustible refuse is ignited and burned efficiently, and from which the solid residues contain little or no combustible material, as acceptable to the Environmental Protection Commission.

4. Scavenging. Take or collect any solid waste which has been placed out for collection on any premises, unless such person is an authorized solid waste collector.

SECTION 14. COLLECTION. All garbage must be taken from dwellings at least once each week and from business establishments as frequently as the Council may requires.

SECTION 15. OPTIONAL MEANS OF COLLECTION. It is optional whether the City of Alburnett:

The Council, by resolution, elects the method or methods to be used in the collection or garbage and rubbish.

If the City of Alburnett, by its Council, elects to own the equipment or to contract for the collection of garbage and rubbish, it defrays this cost as provided by State Law.

If the City of Alburnett, by its Council, elects to permit the collection of garbage and rubbish other than by contract, the Council may issue permits to applicants upon request. Each permit shall expire in one year from issuance. The Council may establish regulations necessary to protect the public health, which each permit holder must obey. Upon the holder’s failure to comply with the rules established or the provisions of this ordinance, the Council may revoke the permit.

SECTION 16. SEPARATION OF YARD WASTES REQUIRED. All yard waste shall be separated by the owner or occupant from all other garbage and refuse accumulated on the premises and shall be disposed of properly.

SECTION 17. PENALTIES. Anyone violating any of the provisions of this Ordinance shall, be subject to the City of Alburnett’s City Code, Municipal Infractions fines under Chapter 3, Subsection 22.

1. “Peddler” means any person who goes from house to house, from place to place, or from street to street, conveying or transporting goods, foods which are not potentially hazardous foods, wares or merchandise or exposing the same for sale, or making sales and delivering articles to purchasers.

2. “Potentially hazardous food” means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustaceans or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include clean, whole, uncracked, odor-free shell eggs or foods which have a pH level of 4.6 or below or a water activity value of 0.85 or less.

3. “Pushcart” means a non-motorized vehicle limited to serving foods which are not potentially hazardous foods or commissary-wrapped food maintained at proper temperatures. A motorized vehicle is not considered a pushcart.

4. “Solicitor” means any person who goes from house to house, from place to place, or from street to street, soliciting or taking orders for sale or goods, foods which are not potentially hazardous foods, wares or merchandise, including but not limited to magazines, books, photographs, periodicals, or personal property, for future delivery or for a service to be performed in the future.

5. “Transient merchant” means any person who engages in a temporary business of selling and delivering goods, foods which are not potentially hazardous foods, wares or merchandise within the City, who in furtherance of such purpose leases, uses or occupies any vehicle, trailer, tent, railroad car, or other place in the City for the exhibition and retail sale of such goods, wares or merchandise. “Transient merchant” does not include the temporary sale of goods, foods which are not potentially hazardous foods, wares, or merchandise, by a permanent merchant or private property adjacent to the merchant’s permanent place of business.

1. No person shall engage in the business of peddler, solicitor, transient merchant, pushcart operator or vendor in the City without first obtaining a license as provided in this chapter, with the exception of those individuals and organizations identified in subsection 7 of this section. Only one natural person may engage in such activity under one license.

2. Each peddler, solicitor, transient merchant, pushcart operator and vendor shall obtain the necessary licenses and/or permits as may be required by the County, State, or Federal governing bodies. Each applicant shall comply with all applicable County, State, or Federal laws, rules and regulations.

3. Each pushcart shall be separately licensed and may operate only at the location specified in the license as approved by the Council or a duly authorized representative of the City.

4. A license shall not be transferable from person to person or from an approved location to another location without approval of the Council or a duly authorized representative of the City.

5. Each transient merchant shall prominently display the merchant’s license at all times while engaging in a temporary business of selling and delivering goods, foods which are not potentially hazardous foods, wares, or merchandise within the City.

6. The license issued pursuant to this chapter is to be carried at all times by the licensee or a representative of the licensee, when the licensee or representative is engaged in the particular activity for which the license was issued and shall, upon the request of customers or City employees, exhibit the license as evidence of compliance with all requirements of this chapter.

7. This chapter does not apply to the selling of personal property at wholesale to dealers in such articles; to newspaper vendors; to merchants or their employees, in delivering goods in the regular course of business; to drug retail persons calling on physicians, pharmacists, veterinarians and hospitals; to vendors of milk and other products distributed or sold to regular customers on established routes; or to nonprofit organizations defined and authorized by Chapter 504A of the Code of Iowa, or authorized and organized under statutes or regulations of the United States government, or approved by the Internal Revenue Service, churches, public and private schools and colleges that are located in Linn County, Iowa; nonprofit clubs and lodges when not ordinarily conducted as a business, that do not meet the requirements of Chapter 504A of the Code of Iowa and are located in Linn County, Iowa. This chapter does not prohibit any auction sales required by statute or by order of any Court, or prohibit any auction sales conducted pursuant to law. This section does not exempt any of the above cited individuals, groups, and/or organizations from meeting the requirements of Section 6(1).

1. An applicant for a license under this chapter shall provide to the Clerk reliable individual identification as determined by the Clerk, and shall file with the Clerk a sworn application in writing, which shall give all of the following information:

D. The proposed location, address, route, and/or area in which the business is to be operated.

E. The name and address of the applicant’s employer, if the applicant has an employer.

G. If the applicant’s employer is a corporation, the state of its incorporation; evidence it is authorized to do business in Iowa; evidence that the corporation has designated a resident agent in the City upon whom legal service may be made; and evidence that the corporation will be responsible for the acts of its employees in the City.

H. A statement as to whether or not the applicant had been convicted of any felony, aggravated or serious misdemeanor, or a violation of any municipal ordinances other than a traffic ordinance. The applicant shall provide information on each such offense or pending charges of each such offense, including the nature of the offense, date of the offense, and penalty imposed for the offense.

I. The names and locations of the last three municipalities where the applicant carried on business immediately preceding this application, and the addresses from which such business was conducted in these municipalities.

J. A description of any motor vehicles to be used in conjunction with the applicant’s operation and their respective license plate numbers.

K. A statement that the applicant agrees to leave private property promptly when requested to do so by the owner, tenant, occupant, or person in control of the property.

L. A statement that the applicant will not enter upon private property where a sign is posted indicating no solicitation allowed, no solicitors, do not disturb, or words of similar import of any of the phrases.

M. Other pertinent information requested by the Clerk; including but not limited to employer identification and sales tax permit information.

2. In determining whether a license under this chapter should be granted or denied, standards including but not limited to the following shall be taken into consideration:

A. Whether the proposed activity is likely to cause undue congestion of a public area.

B. The number and nature of past and present complaints against the applicant for activities including but not limited to misrepresentation, fraud, selling defective merchandise, entering property posted pursuant to Section 3(1)(L) or failure to promptly leave property when so requested.

C. Whether the applicant has been convicted of a violation of a similar ordinance within the last five years.

D. Whether the applicant has been convicted within the last five years of any felony, aggravated or serious misdemeanor, violation of any municipal ordinance other than a traffic offense, that would relate to the public health, welfare, safety and/or morals in the applicant’s conduct of business under the license.

E. Whether the proposed activity is likely to cause excessive or unusual noise in violation of this Code of Ordinances.

3. The Clerk, upon satisfaction that the application for license as provided for in this chapter, is true, correct, and complete and upon payment of the license fee and compliance with the requirements of this chapter shall issue the license. If the Clerk refuses to issue a license, the Clerk shall endorse the reasons upon the application. The applicant then shall have the right to a hearing before the Council at its next regular meeting. The Council may reverse, modify or affirm the decision of the Clerk by a majority vote of the Council members present, if there is a quorum, and the Clerk shall carry out the Council’s decision.

4. The Linn County Sheriff’s Department shall conduct a background investigation of all applicants including a check of the applicants background by the Department of Criminal Investigation.

SECTION 4. LICENSE SUSPENSION. A license under this chapter may be temporarily suspended by the Clerk or Police Chief when upon investigation the Clerk or Police Chief finds any of the following:

1. The licensee has made fraudulent, false, or incorrect statements in the application or in the conduct of the licensee’s business.

2. The licensee has violated this chapter or has otherwise conducted the licensed business or activity in an unlawful manner, or contrary to the provisions of this Code of Ordinances applicable thereto.

3. The licensee has conducted business in a manner endangering the public welfare, health, safety, or morals.

4. The license may be temporarily suspended by serving notice on the licensee by personal service or as required for personal service by the Iowa Rules of Civil Procedure. The notice shall state the reasons for suspension and shall state that the licensee has the right to appeal the suspension to the Council by filing an appeal with the Clerk within five (5) days of the receipt of the notice. The appeal shall be conducted pursuant to the procedure of Section 5(2) of this chapter but conducted as an appeal of a suspension, not a revocation. The licensee shall not conduct activity permitted by the license while the license is temporarily suspended.

1. The Clerk, after giving reasonable notice and a hearing, may revoke any license for the following reasons:

A. The licensee has made fraudulent statements in the application or in the conduct of the licensee’s business.

B. The licensee has violated this chapter or has otherwise conducted the business or activity in an unlawful manner or contrary to any applicable provisions of this Code of Ordinances.

C. The licensee has conducted the business or activity in a manner endangering the public welfare, health, safety, order or morals.

The notice shall be in writing and shall be served personally or as required for personal service by Iowa Rules of Civil Procedure. The notice shall state the time and place of the hearing and the reasons for the intended revocation.

2. Appeal. If the Clerk revokes a license, the Clerk shall immediately notify the Council in writing, giving the reasons for the revocation. The licensee then shall have a right to a hearing before the Council at it next regular meeting. The Council may reverse, modify or affirm the decision of the Clerk by a majority vote of the Council members present, if there is a quorum.

3. Effect of Revocation. Revocation of a license shall bar such person from being eligible for a license for a period of one year from the date of revocation.

1. No person or other organization shall sell, display, or otherwise offer for sale any merchandise or other materials on any sidewalk, street, public right-of-way, or other public property, without first obtaining written approval by the Clerk or by a duly authorized representative of the Clerk. Application for such license shall be made in writing to the Clerk. The Clerk may refer such application to appropriate City departments for review and report. Said application along with the appropriate department reports shall then be forwarded to the Clerk for action to approve or disapprove.

2. Persons having valid contracts with the City authorizing activities described in subsection 1 above are excepted from the terms of said subsection for the activities specifically authorized in the contract.

3. The Council reserves the right to require the relocation of any licensed pushcart or transient merchant to a new location in the event public safety or congestion so requires, based on the discretion of the Council.

4. Transient merchants who are engaging in business on private property may only do so in the following zoning districts as defined in the Zoning Ordinance: B-1 or I-1.

5. No transient merchant shall be permitted to operate from one location for more than seven (7) consecutive days; and no other transient merchant shall be permitted to operate another business at that location within the immediate 30 days following the previous transient merchant.

6. The Council may by resolution, following a request by a pushcart operator, vendor, or permanent merchant, grant exception to time constraints of Section 19(3) and Section 6(5), and the license requirements of Section 6, based upon just cause.

7. All pushcart operators, transient merchants and vendors shall comply with all requirements of the Zoning Ordinance. However, transient merchants shall not be required to provide off-street parking facilities except when off-street parking facilities are provided in the design and maintenance of said facilities.

8. No vendor vending from a motor vehicle shall conduct the vendor’s business in such a way as could restrict or interfere with that ingress or egress of the abutting property owner or tenant, or create or become a public nuisance, increase traffic congestion or delay, or constitute a hazard to traffic, life, or property, or an obstruction to adequate access to fire, police, sanitation or emergency vehicles. Furthermore, no vehicle shall remain in any one place for a period longer than necessary to make a sale after having been approached or stopped for that purpose.

9. No licensee under this chapter shall refuse to exhibit that license when requested by a customer, potential customer, or City employee. No licensee under this chapter shall refuse to leave private property when requested to do so by the owner, tenant, occupant or person in control of the property. No licensee under this chapter shall enter upon private property and contact the owner, tenant, occupant or person in control of the property, when the private property has posted thereon a sign indicating no solicitation allowed, no solicitors, do not disturb, or words of similar import of any of these phrases.

SECTION 7. FDA STANDARD FOR PUSHCART OPERATORS AND VENDORS. Each pushcart operator and vendor shall meet the Food and Drug Administration Food Service Sanitation standards and the Iowa Department of Agriculture Food Service Sanitation Code, and applicable rules and/or regulation, for food storage, preparation, and dispensing.

SECTION 8. HAND-WASHING FACILITIES. Each pushcart operator and vendor shall provide hand-washing facilities for the employee of the license, when required by the Food and Drug Administration regulations.

SECTION 9. WASTE RETENTION AND REFUSE DISPOSAL. Each pushcart operator and vendor shall provide a waste retention tank when required by Food and Drug Administration regulations. All waste liquids, garbage, litter and refuse shall be kept covered with tight-fitting lids and appropriately disposed of at the permanent location. No waste liquids, garbage, litter or refuse shall be dumped or drained onto sidewalks, streets, gutters, drains, trash receptacles, or any other place except at the permanent location of a pushcart. When leaving the sales area, the licensee or licensee’s employees shall pick up all litter resulting from the licensee’s business, and shall deposit such litter in an approved container in compliance with the Food and Drug Administration Food Service Sanitation Code and regulations, located on the licensee’s cart. Failure to do so shall be grounds for license revocation.

SECTION 10. LIST OF APPROVED FOOD AND BEVERAGE ITEMS. The Food and Drug Administration has published laws and regulations regarding approved food and beverage items which may be sold by pushcart operators and vendors. No items of any kind, other than those food and beverage items allowed in the Food and Drug Administration regulations shall be sold or dispensed by pushcart operators and vendors.

SECTION 11. FEES. Fees for all licenses issued under this chapter are as follows: $10.00 per day, $25.00 per week, $50.00 per month, or $150.00 per year and the applicant shall also pay to the Alburnett City Clerk all of the

SECTION 12. REBATES. A licensee shall be entitled to a rebate of part of the fee paid for an annual license upon surrender of the license to the City prior to expiration. The rebate shall be pro rated based upon unexpired quarters. In all cases, at least fifteen dollars ($15.00) of the original fee shall be retained by the City to cover administrative costs. Any license issued for a period of less than one year shall not be eligible for a rebate.

SECTION 13. BOND. An applicant for a license under this chapter shall file with the Clerk a surety bond in the amount of one thousand dollars ($1,000.00) conditioned that the applicant shall comply fully with all ordinances of the City and laws regulating the licensee’s operation, and guaranteeing to any resident of the City that all money paid will be accounted for and applied according to the representation of the licensee. The bond shall continue in force as to any surety for not less than one year from the date of execution of such agreement. Action on such bond may be brought by the person aggrieved and for whose benefit, among others, the bond is given.

SECTION 14. INSURANCE. All licensees under this chapter shall provide proof of general liability insurance including products liability in the amount of $300,000 per occurrence and $100,000 for property damage. A certificate of insurance shall be delivered to the Clerk prior to the issuance of a license. The City and its employees shall be named as additional insured against any liabilities that may arise in connection with the operations of the licensees.

SECTION 15. LIGHTS AND NOISEMAKERS. No pushcart operator or vendor, nor anyone on behalf of the pushcart operator or vendor, shall shout, make an outcry, blow a horn, or use any other sound devices including but not limited to any loud speaking radio or amplifying system which exceed the noise levels set forth in Chapter 53 of this Code of Ordinances.

SECTION 16 . HOURS OF OPERATION. No pushcart operator or vendor shall operate before eight o’clock (8:00) a.m. or after nine o’clock (9:00) p.m., on any day, unless specifically approved by the Council.

SECTION 17. SALES ON RIGHT-OF-WAY. The sale of any goods within any public right-of-way by a person licensed under this chapter is prohibited unless the person has the prior approval of the Clerk and has executed a hold harmless agreement with the City. This provision shall not apply to the sale of newspapers.

SECTION 18. TRUCK SALES PROHIBITED. A person licensed under this chapter shall not operate a truck or semi-truck upon any street except those designated as truck routes. However, this section does not apply to licensed persons selling milk or dairy products, who may operate trucks upon any City street.

1. Peddlers are prohibited from selling all potentially hazardous foods. If a vehicle or pushcart is used by a peddler for the sale of any food items, all requirements of this chapter relating to pushcarts, vehicles, and foodstuffs shall be applicable. This provision does not prohibit the distribution of printed materials door to door.

2. All potentially hazardous foods are prohibited from being sold from a pushcart by a solicitor or by a transient merchant.

3. Temporary sale of goods, foods which are not potentially hazardous foods, wares or merchandise by a permanent merchant on private property adjacent to the merchant’s permanent place of business shall not exceed seven (7) days in duration or take place more than once every thirty (30) days.

CHAPTER 15

SECTION 1. SHORT TITLE. This ordinance may be known and cited as the "traffic code".

SECTION 2. WORDS AND PHRASES. Where words and phrases used in this ordinance are defined by the laws of Iowa, such definitions shall apply to this ordinance.

SECTION 3. AUTHORITY OF POLICE AND FIRE DEPARTMENT, AND CITY OFFICIALS. Provisions of this ordinance and Iowa law relating to motor vehicles and law of the road shall be enforced by the City Marshal or Chief of Police or other members of the Police Department or officers of Linn County Sheriff Department.

The officers 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, when at the scene of a fire, may direct, or assist the Officers in directing traffic thereat or in the immediate vicinity.

Sections 19, 26, and 27 may also be enforced by the Mayor as a municipal infraction violation pursuant to Chapter 3 of the Municipal Ordinance.

SECTION 4. REQUIRED OBEDIENCE TO PROVISIONS OF THIS ORDINANCE AND STATE LAWS. Failure of any person to abide by the provisions of this ordinance and the Iowa statutory law relating to motor vehicles and the statutory law of the road, is a violation of this ordinance.

The City Marshal or City Council shall place and maintain traffic-control devices when and as required under the ordinances of this City to make effective its provision, and may place and maintain such additional traffic-control devices 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.

or City Council are hereby authorized to (1) 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, and (2) to mark lanes for traffic on street pavements at such places as traffic conditions require, consistent with the traffic ordinances of this City. Where such traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within boundaries of any such lane, except when lawfully passing another vehicle or preparatory to making a lawful turning movement.

SECTION 7. PLAY STREETS. The City Marshal or City Council shall have authority to declare any street, or part thereof, a play street and to place appropriate sighs 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 any such street or portion thereof, except drivers of vehicles having business or whose residences are within such closed area, and then any said driver shall exercise the greatest care in driving upon any such street or portion thereof.

SECTION 8. TURNING MARKERS, BUTTONS AND SIGNS. The City Marshal or City Council may cause markers, buttons, or signs to be placed within or adjacent to intersections, and thereby require and direct, as traffic conditions require, that a

different course from that specified by the state law be traveled by vehicles turning at intersections, and when markers, buttons, or signs are so placed, no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such marker, buttons, or signs.

SECTION 9. AUTHORITY TO PLACE RESTRICTED TURN SIGNS. The City Marshal or City Council is hereby 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 such turns may be prohibited between certain hours of any day in which event the same shall be plainly indicated on sighs.

SECTION 10. OBEDIENCE TO NO-TURN SIGNS. Whenever authorized signs are erected, indication that no right or left turn is permitted, no driver of a vehicle shall disobey the directions of any such signs.

SECTION 11. "U" TURNS. It shall be unlawful for a driver to make a "U" turn, except at an intersection; provided, however, that "U" turns are prohibited at intersections within the business district and at intersections where there are automatic traffic signals.

SECTION 12. THROUGH HIGHWAYS. Streets or portions of streets described below are hereby declared to be through highways:

(a) Main Avenue, extending from the intersection of said Main Avenue and the south boundary line of the corporate limits of the City to the intersection of said Main Avenue and the north boundary line of the corporate limits of the City as said boundary lines presently exist, or may hereafter be extended.

(b) Roosevelt Street, from the west edge of the intersection of said Roosevelt Street and Main Avenue, westerly to the intersection of said Roosevelt Street and the west boundary lines of the corporate limits of the City as said boundary lines presently exists, or may hereafter be extended.

(c) North Street, from the east edge of the intersection of said North Street and Main Avenue, easterly to the intersection of said North Street and the east boundary line of the corporate limits of the City as said boundary line presently exists, or may hereafter be extended.

SECTION 13. AUTHORITY TO ERECT STOP SIGN. Whenever any ordinance of this City designates and describes a through highway, it shall be the duty of the City Marshal or City Council to place and maintain a stop sign on each and every intersecting such through highway, except as hereinafter modified in the case of intersecting through highways.

(a) At the intersection of Main Avenue and Roosevelt Street, a stop sign shall be erected on Roosevelt Street, at the west edge of Main Avenue, to halt traffic entering Main Avenue from Roosevelt Street.

(b) At the intersection of Main Avenue and North Street, a stop sign shall be erected on North Street at the east edge of Main Avenue to halt traffic entering Main Avenue from North Street.

(c) At intersections upon streets other than through highways, where, because of heavy cross traffic or other traffic conditions, particular hazards exists, stop signs shall be erected when and as directed by resolution of the City Council.

SECTION 15. STOP AT THROUGH HIGHWAYS. When stop signs have been erected as provided by laws of the State of Iowa, as near as practical at the property line of the street designated as an arterial highway or through street and at the entrance to which the stop must be make, or at the nearest line of the crosswalk there at, or, if none, at the nearest line of the roadway, then every driver of a vehicle shall stop at such sign or at a clearly marked stop line before entering such intersection, except when directed to proceed by a police officer or traffic-control signal.

SECTION 16. STOP INTERSECTIONS. Such intersections in the City of Alburnett, Iowa, as are now or may hereafter be designated by the City Council by resolution are established as and are hereby declared to be stop intersections, and when a stop sign has been erected as provided by the laws of the State of Iowa, as near as practical at the property line of the street at the entrance to which the stop must be made, or at the nearest line of the crosswalk there at, or, if none, at the nearest line of the roadway, then every driver of a vehicle shall stop at such sign or at a clearly marked stop line before entering such intersection, except when directed to proceed by a police officer or traffic-control signal.

SECTION 17. VEHICLES NOT TO BE DRIVEN ON SIDEWALKS. The driver of a vehicle shall not drive upon or within any sidewalk area except at a driveway. The operation of all motorized vehicles, including but not limited to, motor scooters and motorized bicycles, are prohibited on public sidewalks. However, motorized wheel chairs, three or four wheel, may operate on a public sidewalk for the purpose of transporting the disabled.

SECTION 18. CLINGING TO VEHICLES. No person shall drive a motor vehicle in the streets of this City unless all passengers of said vehicle are inside said 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 to any vehicle upon a roadway.

SECTION 19. PARKING FOR CERTAIN PURPOSES PROHIBITED. No persons shall park a vehicle upon the roadway for the principal purpose of (1) displaying such vehicle for sale, (2) for washing, greasing or repairing such vehicle, except such repairs as are necessitated by an emergency, (3) displaying advertising, (4) selling merchandise from such vehicle, except in a duly established market place and when so authorized or licensed under the ordinances of this City, (5) storage, or as junkage or dead storage for more than 48 hours.

No driver of any vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this ordinance. This provision shall not apply at

intersections where traffic is controlled by traffic-control signals or police officers.

SECTION 21. 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 close as is practical and safe.

SECTION 22. 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.

SECTION 23. PENALTY. Anyone violation any of the provisions of this ordinance shall, upon conviction, be subject to imprisonment no exceeding thirty days, or a fine not exceeding One Hundred Dollars ($100.00).

SECTION 24. ARREST AND NOTICE TO APPEAR. Whenever a peace officer has reasonable cause to believe that a person has violated any provision of this ordinance, such officer may:

2. Without arresting the person, prepare in triplicate a written summons to appear in court containing the name and address of such person, the operator or chauffeur

license number, if any, the registration number of his vehicle, the offense charged, the time when and place where such person shall appear and if the offense charged be speeding, such summons shall also specify the speed at which such person is alleged to have driven and the speed limit applicable within the district or location.

Whenever any motor vehicle with out driver is found parked or stopped in violation of any of the restrictions imposed by any ordinance of this City, the officer finding such vehicle shall attach a written summons as herein before provided to such vehicle in a conspicuous place, and the driver of such vehicle shall be held to appear at the time and place designated in the summons.

SECTION 26. PARKING. Unless otherwise provided by the City Council with respect to a particular and specific street, parking is prohibited on the west side of all north-south streets, and on the south side of all east-west streets, except in designated parking areas. Parking is prohibited on the un-traveled portion of the right-of-way, however, the City Council may grant permission to park on a specific portion

SECTION 27. REMOVING VEHICLES FROM STREETS. No person shall park any vehicle or motor vehicle upon any street or alley in the City under the following circumstances:

A. Proclamation of Snow Emergency. When weather forecasts or occurrences indicate the need, the Mayor may proclaim a snow emergency and shall request local news media to publicize the proclamation and applicable parking restrictions. The Proclamation Of Snow Emergency shall state the date and time that the Snow Emergency shall take effect and parking shall be restricted on all streets, alleys, and parking areas.

B. Parking Prohibited during Snow Emergency. No person shall park, abandon or leave unattended any vehicles on any public street, alley, or city-owned off-street parking area during any snow emergency 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 (48) hour period after cessation of such storm, except as about provided upon streets which have been fully opened. Such Snow Emergency may be extended or shortened when conditions warrant.

C. Enforcement of Snow Emergency. Any vehicle parked on any public street, alley, or city-owned off-street parking that impedes the removal of snow during a snow emergency will be towed and stored at the owner’s expense.

Any vehicle parked or otherwise left unattended in violation of any of the provisions of this Section is declared to be a nuisance per se and shall be subject to removal by the City by means of towing or otherwise. The costs of removal and resulting storage of any such vehicle shall be paid by the owner or operator thereof.

SECTION 28. PARKING ON RESIDENTIALLY-ZONED PROPERTY. No vehicles and no junk vehicles shall be parked in the front yard, side yard, or back yard of any residentially-zoned property except that any vehicle may be parked in the back yard if covered with a vehicle cover specifically designed and manufactured for that purpose. Vehicles which are not junk vehicles, may be parked on a driveway or on a concrete, blacktopped, or rocked parking pad immediately adjacent to a driveway are not in violation of this Section. The term “vehicles” as used in this Section means any vehicle self-propelled and subject to registration under the provisions of Section 321.18 of the Iowa Code but does not include a self-propelled camper-type vehicle parked in a side yard unless the said vehicle is also a junk vehicle. The term “junk vehicle” as used in this Section means any vehicle located upon residentially-zoned property, whether licensed or unlicensed, which has nay of the following characteristics:

(1) has become a habitat for rats, mice, skunks, snakes, or other vermin or insects:

(2) lacks an engine or one or more wheels or other structural parts which render it inoperable;

(3) is in defective or obsolete condition in any way which constitutes a threat to the public health, safety or welfare.

The term “driveway” as used in this Section means an established hard surface or crush rock base portion of a residential lot leading from a street to an existing garage or to the front or side of a house if there is no garage but does not include any area of grassed yard or bare dirt. The term “front yard” as used in this Section mans that portion of a residentially-zoned property lying between a residence and the street right-of-way. In corner lots, the front yard shall be that portion of the property lying between the main ingress egress from the residence and a street right-of-way. The term “side yard” as used in this Section means that portion of a residentially-zoned property, which lies between a residence and an adjoining property. The term “back yard” as used in this Section is any portion of yard which is not a front yard or side yard.

SECTION 29. NON-VEHICLE PARKING ON RESIDENTIALLY-ZONED PROPERTY. Self-propelled camper-type recreational vehicles, camper-type recreational trailer, boats and boats on trailers, and utility trailers may be parked on a residential driveway, an all-weather surfaced portion connected to a driveway, and a side yard or back yard as defined above in Section 28. At no time shall such non-vehicles be parked or stored on a residential front yard. In addition, such non-vehicles are subject to the same street parking restriction in Section 17, 25, 26, and 27 above.

SECTION 30. OPERATION OF GOLF CARTS. A permit must be obtained for the operation of a golf cart on City streets. Application must be approved by the Mayor and sent to the Council for final approval. The golf cart shall be equipped with a slow moving vehicle sign and a bicycle safety flag and shall be operated only from sunrise to sunset. Golf carts operated on City streets shall be equipped with adequate brakes and shall meet any other safety requirements imposed by the City Council.

SECTION 31. JAKE BRAKING. It is unlawful for any person in any part of the city to make, or cause to be made, a loud or disturbing noises with any mechanical devices operated by compressed air and used for the purpose of assisting braking on any vehicle, commonly referred to as jake braking.

SECTION 1. DEFINITIONS. For use within this Chapter the following terms are defined:

A. "Snowmobile" means a motorized vehicle weighing less than one thousand pounds which uses sled-type runners or skis, endless belt-type tread, or any combination of runners, skis, or tread, and is designed for travel on snow or ice.

B. “All-terrain vehicle” or “ATV” means a motorized flotation-tire vehicle which not less than three (3) low pressure tires, but not more that six (6) low pressure tires, or a two-wheeled, off-road motorcycle, that is limited in engine displacement to less than eight hundred (800) cubic centimeters and in total dry weight to less than seven hundred fifty (750) pounds and that has a seat or saddle designed to be straddled by the operator and handlebars for steering control. Tow-wheeled, off-road motorcycles shall be considered all-terrain vehicles only for the purpose of titling and registrations. An operator of a two wheeled, off-road motorcycle is exempt from the safety instruction and certification program requirements of Section 321G.23 and 321G.24 of the Code of Iowa .

SECTION 2. GENERAL REGULATIONS. No person shall operate an ATV or snowmobile within the City in violation of the provisions of Chapter 321G of the Code of Iowa or rules established by the Natural Resource Commission of the Department of Natural Resources governing their registration, numbering, equipment and manner of operation.

SECTION 3. PLACES OF OPERATION. The operators of ATV’s and snowmobiles shall comply with the following restrictions as to where ATV’s and snowmobiles may be operated within the City:

1. Streets. ATV’s and snowmobiles shall be operated only upon streets which have not been plowed during the snow season and on such other streets as may be designated by resolution of the Council.

2. Exceptions. ATV’s and snowmobiles may be operated on prohibited streets only under the following circumstances:

A. Emergencies. AT V’s and snowmobiles may be operated on any street in an emergency during the period of time when and at locations where snow upon the roadway renders travel by conventional motor vehicles impractical.

B. Direct Crossing. ATV’s and snowmobiles may make a direct crossing of a prohibited street provided:

(1) The crossing is made at an angle of approximately ninety degrees (90*) to the direction of the street and at a place where no obstruction prevents a quick and safe crossing;

(2) The ATV or snowmobile is brought to a complete stop before crossing the street;

(3) The driver yields the right-of-way to all on-coming traffic which constitutes an immediate hazard; and

(4) In crossing a divided street, the crossing is made only at an intersection of such street with another street.

3. Railroad Right-of-Way. ATV’s and snowmobiles shall not be operated on an operating railroad right-of-way. An ATV or snowmobile may be driven directly across a railroad right-of-way only at an established crossing and notwithstanding any other provisions of law may, if necessary, us the improved portion of the established crossing after yielding to all oncoming traffic.

4. Trails. ATV’s shall not be operated on snowmobile trails and snowmobiles shall not be operated on all-terrain vehicles trails except where so designated.

5. Parks and Other City Land. ATV’s and snowmobiles shall not be operated in any park, playground or upon any other City-owned property without the express permission of the City. A snowmobile shall not be operated on any City land without a snow cover of at least one inch.

6. Sidewalk or Parking. ATV’s and snowmobiles shall not be operated upon the public sidewalk or that portion or the street located between the curb line and the sidewalk or property line commonly referred to as the “parking” except or purposes of crossing the same to a public street upon which operation is authorized by this chapter.

SECTION 4. HOURS OF OPERATION. No snowmobile shall b operated in the City between the hours of twelve o’clock (12:00) midnight and eight o’clock (8:00) a.m. except for emergency situations or for loading and unlading from a transport trailer.

SECTION 5. NEGLIGENCE. The owner and operator of an ATV or snowmobile is liable for any injury or damage occasioned by the negligent operation of the ATV or snowmobile.

SECTION 6. ACCIDENT REPORTS. Whenever an ATV or snowmobile is involved in an accident resulting in injury or death to anyone or property damage amounting to two hundred dollars ($200.00) or more. Either the operator or someone acting for the operator shall immediately notify a law enforcement officer and shall file an accident report within forty-eight (48) hours, in accordance with State Law.

SECTION 7. THAW BAN. Snowmobiles shall not be operated during a publicized thaw ban in area posted to prohibit such operation.

SECTION 8. DEAD MAN THROTTLE. No snowmobile shall be operated within the City unless equipped with a “dead man throttle” which, when pressure is removed from the accelerator or throttle, causes the engine to be disengaged from the drive mechanism.

Exotic animal means any live monkey, alligator, crocodile, cayman, raccoon, skunk, fox, bear, sea mammal, poisonous or constrictive snake, badgers, wolverines, weasels, mink, bats, scorpions, Gila monsters member of the feline species other than domestic cat (felis domestics, member of the canine species other than domestic dog (canis familiaris) or any other animal that would require a standard of care and control greater than that required for customary household pets sold by commercial pet shops or domestic farm animals.

5. Dogs of mixed breed or other breeds which are know as pit bulls, pit bulldogs or pit bull terriers,

6. Any dog which has the appearance and characteristics of being predominately of the breeds of Bull Terrier, Staffordshire Bull terrier, American Pit Bull Terrier, American Staffordshire Terrier, and other breed commonly know as pit bulls, pit bull dogs or pit bull terriers or a combination of any of these breeds.

Any dog or other animal which has a know propensity, tendency or disposition to attack human beings or domestic animals without provocation, as evidences by its habitual or repeated chasing, snapping or barking at human beings or domestic animals so as to potentially cause injury to or to otherwise endanger their safety; or other animal that manifests a disposition to snap or bite.

It shall be unlawful for anyone to own, harbor, or permit at large any exotic animal without the written permission of the Animal Control Board. Such permission shall be given only if it is demonstrated to the satisfaction of the Board that the animal will not constitute a threat to a public health or safety.

members appointed by the Mayor subject to confirmation by the City Council. One of the members of the Animal Control Board shall be appointed Chairperson by the Mayor. In addition, the Mayor may appoint one (1) alternate member who shall be empowered to sit on the Board in the absence of any member of the Board. In the absence of the alternate, the City Council may designate a temporary alternate. The Animal Control Board is empowered to establish rules and procedures to carry out the provisions of this chapter.

SECTION 1. DEFINITION OF TERMS. As used in this ordinance, unless the context indicates otherwise:

(a) "Dog" shall be intended to include both male and female animals of the canine species.

(b) "Owner" shall be intended to mean any person or persons, firm, association, or corporation, owning keeping or harboring a dog.

(c) "Kennel Dogs" shall be intended to mean those dogs kept or raised solely for the bona fide purpose of sale and which are kept under constant restraint.

(d) "Veterinary Hospital " shall mean a public establishment regularly maintained and operated by a licensed veterinarian for the diagnosis and treatment of disease and injuries of animals.

(e) "At Large" shall mean off the premises of the owner or upon the public streets, alleys, public grounds, school grounds, or parks within the City of Alburnett, Iowa. A dog shall not be deemed at large if:

1. It is attached to a leash or chain of sufficient strength to restrain the dog or companion cat and not more than six feet (6') in length, when said leash or chain is held by a person competent to restrain and control the dog, or

2. When properly restrained within a motor vehicle or housed in a veterinary hospital, or

3. Accompanied by and at "heel" beside the owner or a competent, responsible person.

(a) "Companion Cat" means a domesticated cat raised to live in or about the habitation of humans and is dependent on people for food and shelter.

(b) “Vicious Animal” means any animal, except a dangerous animal per se, as listed in Chapter 11 Section 2 of the City Code of Alburnett, that has bitten or clawed a person or persons while running at large and the attack was unprovoked, or any animal that has exhibited vicious tendencies in present or past conduct, including such that said animal a) has bitten or clawed a person or persons on two separate occasions within a twelve-month period; or b) did bite or claw once causing injuries above the shoulders of a person; or c) could not be controlled or restrained by the owner at the time of the attack to prevent the occurrence; or d) has attacked any domestic animal or fowl on three separate occasions within a twelve-month period.

SECTION 2. RABIES VACCINATION. Every owner of a dog or companion cat shall obtain a rabies vaccination for such animal. It shall be a violation of this chapter for any person to own or have a dog or companion cat in the person's possession, four months of age or over, which has not been vaccinated against rabies. Dogs kept in state or federally licensed kennels and not allowed to run at large shall not be subject to these vaccination requirements.

SECTION 3. TAG AND COLLAR.. Every owner shall be required to provide each dog and/or companion cat with a collar to which the rabies tag and identification tag must be securely fixed. Such rabies tag and identification tag and collar shall be constantly

worn by every licensed dog and it shall be the responsibility of the owner of such dog to assure the constant wearing of such collar and tag. In the event the animals tags are lost or destroyed the owner is required to replace them.

SECTION 4. RUNNING AT LARGE PROHIBITED. No owner or keeper of any dog or companion cat shall permit such dog or companion cat to run at large as defined in Section 1 of this ordinance, whether the dog or companion cat is wearing a collar and it tags required in Section 3 of this Ordinance.

SECTION 5. EXERCISE AREAS. The Mayor, with the approval of the City Council, may designate areas, if such are available, where owners may take their dogs for exercise and obedience training, provided such dogs attending such areas are under the control of competent persons while in such designated areas.

SECTION 6. CONTRACT WITH INCORPORATED SOCIETY. As provided by law, the City of Alburnett may enter into a lease or contract with some regularly incorporated society organized for the express purpose of prevention of cruelty to animals, for the use of its facilities for the restraining and impounding of dogs. Any such lease or contract shall provide for the maintenance of suitable impounding quarters; for the humane care of animals impounded therein; for the destruction or disposition of dogs impounded as provided in this ordinance or other ordinances applicable thereto and it shall be the duty of the City Council to generally supervise the operation of the pound operated and maintained by said lessee in order to carry out the purposes of this ordinance, to the extent provided in said lease or contract.

(a). It shall be the duty of every police officer or poundmaster or person authorized by the City Council to apprehend any dog or companion cat; the ownership of which is unknown, found running at large contrary to the provisions of Section 3 of this ordinance and to impound such dog or companion cat in the City pound or other suitable place designated by the City Council. The poundmaster or person authorized to impound dogs or companion cat, upon receiving any dog or companion cat, shall make a complete registration for such dog or companion cat, entering the breed, color and sex of such dog or companion cat..

(b). When dogs or companion cats are found running at large, and the ownership is known to the City Marshal or other police officer authorized to enforce this ordinance, such dogs or companion cats need not be impounded, but the enforcing officer may, at his discretion, cite the owners of such dogs or companion cats to appear in Court to answer to charges of violation of this ordinance, or such police officer may impound such dogs or companion cats, and further, he may cite the owners of such dogs or companion cats to appear in Court to answer to charges of violation of this ordinance.

three (3) days after the impounding of any dog or companion cat, the owner, if known, shall be notified of such impoundment. The registry of impounded dogs shall be available for inspection during reasonable hours by the owners of dogs or companion cats. The owner of any dog or companion cat impounded may reclaim such dog or companion cat upon the payment of all costs and charges incurred by the City of Alburnett to the agency authorized by the City Council to impound dogs or companion cats, including the maintenance of said dog or companion cat. The charges shall be paid to the poundmaster or the agency authorized by the City Council to impound dogs or companion cats per the schedule of charges established by that agency.

SECTION 9. DISPOSITION OF UNCLAIMED OR INFECTED DOGS OR COMPANION CATS. It shall be the duty of the poundmaster or agency authorized by the City Council to impound dogs or companion cats, to keep all dogs so impounded for a period of three (3) days after the owner has been notified as provided in Section 8 of this ordinance. If after three (3) days following notice to the owner of the impounding of the owner's dog or companion cats, or if the owner is unknown, then three (3) days after

impoundment of such dog or companion cats, the owner thereof has failed to claim and redeem any such impounded dog or companion cats as provided in this ordinance, said dog may be humanely destroyed. Any dog or companion cats which appears to be suffering from rabies when impounded shall be confined in the pound or veterinary hospital for a period of not less than fourteen (14) days and said dog or companion cats, or its carcass if it dies, shall be subject to such reasonable medical or pathological tests as

the Mayor shall recommend, which tests, if any, shall be conducted at the expense of the owner. If a dog or companion cats is determined to be infected with rabies, it shall be destroyed or disposed of as directed by the Mayor.

SECTION 10. CONFINEMENT OF VICIOUS DOGS. No dog of known fierce, dangerous or vicious characteristics shall be permitted off the premises of the owner except while such dog is confined in a boarding kennel, veterinary hospital, or while being transported to such boarding kennel or veterinary hospital. If any such dog is not confined as required by this Section, it shall be impounded and shall not be released without the approval of the City Council of the City of Alburnett after the payment of fees provided in Section 7; provided, however, that if any dangerous, fierce or vicious dog found at large cannot be safely taken up and impounded such dog may be slain by any police officer.

(a). No female dog, while in heat, shall be off the premises of its owner except while such dog is confined in an established boarding kennel or veterinary hospital or while being transported to such kennel or veterinary hospital.

(b). No unspayed female dog which has been impounded by reason of its being a stray dog shall be allowed to be adopted from the animal shelter unless the prospective owner shall agree

(a). Any person except the owner of a dog or companion cats or his authorized agent who willfully opens any door or gate on any private premises for the purpose of enticing or enabling any dog or companion cats to leave such private premises and be at large as defined in this ordinance, shall be guilty of a misdemeanor and punishable as provided in this ordinance.

(b). Any person who willfully molests, teases, provokes or mistreats a dog or companion cats while confined on its owner's premises shall be guilty of a misdemeanor and punishable as provided in this ordinance.

SECTION 13. CONTROL OF DISEASE OUTBREAK. Whenever it becomes necessary to safeguard the public from the dangers of hydrophobia or rabies, the Mayor, if he deems it necessary, shall issue a proclamation ordering every owner of an animal, dog, or companion cat to confine the same securely on the owner's premises at all times, for such period of time as deemed necessary.

(a). It shall be the duty of every physician or other practitioner to make written report to the Mayor of the name and address of persons treated for bites inflicted by animals in the City of Alburnett, together with such other information will assist in the prevention of rabies.

(b). It shall be the duty of every veterinarian to report to the Mayor any diagnosis of rabies in an animal, dog, or companion cat made by him or under his supervision, when the owner of said animal, dog, or companion cat resides in the City of Alburnett or keeps said animal, dog, or companion cat within the City of Alburnett.

(c). It shall be the duty of the owner of any animal, dog, or companion cat or any person having knowledge of such biting or causing a skin abrasion upon any person in the City of Alburnett to promptly report such fact to the Mayor of the City of Alburnett.

COMMUNICABLE DISEASES. It shall be the duty of the Mayor, or the person authorized to impound dogs in the City of Alburnett, to cause to be placed in isolation and under quarantine for observation for a minimum period of fourteen (14) days any animal suspected of being infected with rabies or other diseases communicable to humans, or any animal that has bitten or caused a skin abrasion upon any person in the City of Alburnett or in a veterinary hospital, except that if such animal is properly licensed and has been vaccinated against rabies not less than thirty (30) days and not more than twelve (12) months from the date of apprehension of said animal, it may be placed in the custody of the owner on the owner's premises during the isolation and quarantine period. When isolation and quarantine are authorized on the owner's premises it will be at the discretion of and under the direct supervision of the City Marshal. The expense of isolation and quarantine at a veterinary hospital will be borne by the owner. If the animal is placed in isolation and under quarantine in the pound or humane shelter authorized by the City of Alburnett, a charge to the owner may be made during such isolation and quarantine period.

SECTION 16. REPORTING OF RABID ANIMALS. Every owner or person having possession, custody or control of a animal which is known to be rabid or which has been bitten by an animal infected with rabies shall immediately report such fact to the Mayor of Alburnett, and shall have such animal placed in isolation and quarantine as directed by the Mayor, for such period as said officer may designate and at the expense of the owner.

person who willfully interferes with, molests or injures an agent of the City authorized to enforce the provisions of this ordinance or who seeks to release any animal properly in the custody of such authorized agent, shall be guilty of a misdemeanor and punishable as provided in this ordinance.

SECTION 18. RESPONSIBILITY OF OWNER. Notice contained in this ordinance shall not relieve the owner or owners of any animal from responsibility for any damage committed by such animal, as provided by the laws of the State of Iowa.

SECTION 1. When signs are erected, and giving notice thereof no person shall operate any commercial vehicle exceeding ten tons gross weight at any time upon any of the streets or parts of streets within the corporate limits of the City of Alburnett, Iowa, excepting there from only Main Avenue, and further excepting that such vehicles may be operated thereon for the purpose of delivering or picking up materials and merchandise and then only by entering such streets at the intersection nearest the destination of the vehicle and proceeding thereafter and further excepting the housing or storage of said commercial vehicles when operation empty.

SECTION 1. That the grade of Main Avenue at the north City Limits on the center line be established at 908.00.

SECTION 2. That the grade at 82 feet south of the north City Limits on the center line be established at 909.50.

SECTION 3. That the grade at 482 feet south of the north City Limits on the center line be established at 899.60.

SECTION 4. That the grade at 682 feet south of the north City Limits on the center line be established at 898.50.

SECTION 5. That the grade at 882 feet south of the north City Limits on the center line be established 901.50.

SECTION 6. That the grade at 1082 feet south of the north City Limits on the center line be established at 897.60.

SECTION 7. That the grade at 1282 feet south of the north City Limits on the center line be established at 897.60.

SECTION 8. That the grade at 1432 feet south of the north City Limits on the center line be established at 893.50.

SECTION 9. That the grade at 1782 feet south of the north City Limits on the center line be established at 895.00.

SECTION 10. That the grade at 2082 feet south of the north City Limits on the center line be established at 894.00.

SECTION 11. That the grade at 2532 feet south of the north City Limits on the center line be established at 893.50.

SECTION 12. That the grade at 2654.5 feet south of the north City Limits on the center line be established at 891.05, this being the grade on the center of Main Avenue at the south City Limits on the west side of the center line.

CHAPTER 21

SECTION 1. NAMES OF EXISTING STREETS. The streets hereinafter designated shall be named as follows:

(a). The public road running north and south through the City and located on the west side of Section 25, and the east side of Section 26, now known as North Alburnett Road shall be named Main Avenue.

(b). The public road running east and west from Main Avenue to the west edge of the City along the south side of the school property and along the south side of Auditor's Plat No. 153, now known as Roosevelt Street shall be named Roosevelt Street.

(c). The public road running east and west from Main Avenue to the west edge of the City through Burnett's 2nd Addition and Auditor's Plat No. 282, shall be name Moothart Street.

(d). The public road running east and west from Main Avenue to the west edge of the City through Moothart's First Addition, shall be named Howard Street.

(e). The public road running southeasterly, then northeasterly from Main Avenue between the Cirow Addition and the Burnett Addition, shall be named North Street.

(f). The public road running southeasterly and then northeasterly from Main Avenue to the northeast corner of Lot 25, Burnett's Addition shall be named Strong Drive.

(g). The public road running east and west from Main Avenue to 1st Avenue which public road is located in the SE1/4 SE1/4 NE1/4, Section 26, shall be named 3rd Street South.

(h). The public road running north and south from 2nd Street South, south to 3rd Street South, shall be named 1st Avenue.

(i). The public road running east and west through Weislogel's Addition from the east edge of the Illinois Central Railway right of way, east through Hickman's First Addition, shall be named 2nd Street South.

(j). The public road running east and west from the east edge of Lot 4, Weislogel's Second Addition, east through Hickman's First Addition shall be named 1st Street South.

(k). The public road running north and south from the south edge of Roosevelt Street to the north edge of 1st Street South through Weislogel's Second Addition, shall be named 2nd Avenue.

(l). The public road running north and south from the north edge of Roosevelt Street through Auditor's Plat No. 153, Auditor's Plat No. 282 and Moothart's First Addition, shall be named 3rd Avenue.

(m). The public road running southwesterly from the intersection of 1st Street and 2nd Avenue through the Naylor Addition, shall be named Naylor Drive.

(n). The public road running west from Main Avenue to 3rd Avenue through Graham's First Addition, shall be named Laurie Drive.

(o) The public road running west from Main Avenue to 3rd Avenue through Graham's Second Addition, shall be named Donald Drive.

(p) The public road running easterly from the railroad crossing and North Street to the Northeast corner of NW1/4 NW1/4, Section 25, shall be named Burnett Station Road.

SECTION 2. STREETS ESTABLISHED IN THE FUTURE. All north and south streets established after the date of this ordinance shall be designated avenues and all east and west streets shall be designated streets

CHAPTER 22 SUBDIVISION REGULATIONS

SECTION 1. TITLE. This chapter shall be known, referred to and cited as the "Land Subdivision Ordinance of the City of Alburnett, Iowa."

SECTION 2. PURPOSE. This chapter is to provide for the harmonious development of the City; for the coordination of streets within subdivisions with other existing or planned streets or with other features of the City Plan of Alburnett for adequate open space for traffic, recreation, light and air; and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience and prosperity.

SECTION 3. ESTABLISHING JURISDICTION TO REVIEW.

1. Pursuant to the authority of Section 354.9 of the Code of Iowa, the City does hereby extend its authority to review subdivisions outside the City's boundaries for a distance of two (2) miles from the City's boundaries.

2. All subdivisions of land within two (2) miles of the boundaries of the City shall be subject to the provisions of this chapter.

SECTION 4. DEFINITIONS. For the purpose of this chapter, certain words used herein are defined as follows.

1. "Alley" means minor ways that are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.

2. "Arterial streets and highways" means those which are used primarily for fast or heavy traffic.

3. "Collector streets" means streets that carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.

4. "Commission" means the Planning and Zoning Commission of the city.

5. “Major subdivision” means any subdivision which in the opinion of the Council does not for any reason meet the definition of a minor plat.

6. "Marginal access streets" means minor streets which are parallel to and adjacent to arterial streets and highways; and which provide access to abutting properties and protection from through-traffic.

7. "Minor streets" means those streets that are used primarily for access to the abutting properties.

8. “Minor subdivision” means any subdivision, which contains not more than four (4) lots fronting on an existing street and does not require construction of any public improvements and which does not adversely affect the remainder of the parcel.

9. Streets" means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, or however otherwise designated.

8. "Subdivision" means the division of a parcel of land into three (3) or more lots or parcels for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land; provided, that a division of land for agricultural purposes into lots or parcels of five (5) acres or more and not involving a new street shall not be deemed a subdivision. "Subdivision" includes re-subdivision and, when appropriate to the context, shall relate to the process of subdividing or the land subdivided.

SECTION 5. PLATS.

1. Plat Required. It is unlawful for the owner, agent, or persons having control of any land within the corporate limits of the City, or within two miles thereof of its corporate limits, to subdivide or lay out such land into lots, blocks, streets, avenues, alleys, public ways and grounds, unless by plat in accordance with the laws of the State of Iowa and the provisions of this chapter. The owner of any tract or parcel of land, which has been subdivided or shall hereafter be subdivided, surveyed or platted into two (2) or more parts, for any purpose, shall cause a plat of such area to be made in the form, and containing the information, as hereinafter set forth, before sale or conveyance of any lot, before commencing construction on any lot therein and/or before recording the plat. No tract or parcel of land shall be divided into three (3) or more parts, whether the result of a single division or series of divisions, unless such plats follow the subdivision procedures and requirements as prescribed by this chapter. For purposes of this section, a tract or parcel shall be considered to have been subdivided if there has been any previous division of the original forth (40) acres aliquot part, as defined by Iowa Code Section 354.2, in which the tract or parcel is located in whole or in part. A plat of a tract or parcel containing more than one (1) lot, which is reconfigured into a tract or parcel containing the same number, or fewer lots shall follow the subdivision procedures and requirements as prescribed by this chapter. However, if the tract or parcel was not subject to the approval of the Council when previously divided, or if the tract or parcel is reconfigured into a tract or parcel containing either one (1) or two (2) lots, the plat shall follow the simple division procedures and requirements as prescribed by this chapter.

A. Present a plat prepared by a Registered Land Surveyor

under the laws of the State of Iowa.

B.The City shall receive a copy of the recorded plat.

C.The plat shall bear the endorsement of;

(1) Owners and proprietors, and spouses, if any.

(2) A statement from mortgage or lien holder, if any, that the plat is prepared with their free consent.

(3)Alburnett Planning and Zoning Commission

(4) County Auditor.

(5) County Assessor.

(6)County Treasurer.

(7)County Recorder.

(8) Certification of Examination of Abstract and Attorney’s Opinion.

(9)Resolution by the City approving said plat.

1.Provided, however, the owner of existing lots of record, where all improvements, such as streets and utilities have been installed by the developer and accepted by the City, may convey a portion of said existing lot of record by a metes and bounds description if such description is found to be acceptable by the County Recorder and the County Auditor. Such conveyance must leave the remaining property with sufficient property to meet existing setback requirements for any existing buildings on said property or uses of said property.

2.Minor/Major Subdivisions. The owner and subdivider of any major subdivision shall comply with the requirements for the preliminary and the requirements of the final plat. The owner and subdivider of a minor subdivision may elect to omit the submission of the preliminary plat.

3. Plans and Data. Previous to the filing of an application for conditional approval of the preliminary plat (general subdivision plan), the subdivider shall submit to the Commission plans and data as specified in Section 19.08 of this chapter. This step does not require formal application, fee, or filing of plat with the Commission. Within thirty (30) days the Commission shall inform the subdivider that the plans and data as submitted or as modified do or do not meet the objectives of these regulations. When the Commission finds the plans and data do not meet the objectives of these regulations it shall give its reasons therefore.

4.Procedure for Conditional Approval of Preliminary Plat. The procedures for conditional approval of a preliminary plat are as follows:

A. Preparation of Materials. On reaching conclusions informally as recommended in subsection two (2) regarding the general program and objectives, the subdivider shall cause to be prepared a preliminary plat, together with improvement plans and other supplementary material as specified in Section 19.08 of this chapter.

B.Copies and Written Application. Five (5) copies of the preliminary plat and supplementary material specified shall be submitted to the Commission with written application for conditional approval at least seven (7) days prior to the meeting at which it is to be considered.

C. Commission Conditional Approval. Following review of the preliminary plat and other material submitted for conformity thereof to these regulations, and negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by the subdivider, the Commission shall, within thirty (30) days, act thereon as submitted, or modified, and if approved, the Commission shall express its approval as conditional approval and state the conditions of such approval, if any, or if disapproved, shall express its disapproval and its reasons therefore.

D. Location of Copies of Decision. The action of the Commission shall be noted on two copies of the preliminary plat, referenced and attached to any conditions determined. One copy shall be returned to the subdivider and the other retained by the Commission.

4. Limitations. Conditional approval of a preliminary plat shall not constitute approval of the final plat (subdivision plat). Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for approval of the Commission and for recording upon fulfillment of the requirements of these regulations and the conditions of the conditional approval, if any. The approval of a preliminary plat by the Council shall be valid for a period of two (2) years from the date of such approval, after which such approval shall be void, and the subdivider shall take no action requiring the precedent approval of a preliminary plat except upon application for and approval of an extension of such period of validity by the Council.

5. Procedure for Approval of Final Plat. The procedures for approval of a final plat are as follows:

A. Conforming of Final Plat. The final plat shall conform substantially to the preliminary plat as approved, and if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations.

B. Application. Application for approval of the final plat shall be submitted in writing to the Commission at least seven (7) days prior to the meeting at which it is to be considered.

C. Limitations. Five copies of the final plat and other exhibits required for approval shall be prepared as specified in Section 19.08, and shall be submitted to the Commission within twelve (12) months after approval of the preliminary plat; otherwise, such conditional approval shall become null and void unless an extension of time is applied for and granted by the Commission.

D. Final Approval. Within thirty (30) days after application for approval of the final plat, the Commission shall approve or disapprove it. If the Commission approves, it shall attach a resolution recommending approval to the plat together with the certified signature of its Chairperson and Secretary. If it disapproves, it shall state its reasons in its own records and provide the applicant with a copy. After approval of the final plat by the Commission, and the fulfillment of the requirements of these regulations, one copy shall be submitted to the Clerk for approval by the Council.

E. Action of the Council. Upon receipt of the certification by the Clerk, the Council shall, within a reasonable time, either approve or disapprove the final plat.

(1) In the event that the plat is disapproved by the Council, such disapproval shall be expressed in writing and shall point out wherein said proposed plat is objectionable.

(2) In the event that the plat is found to be acceptable and in accordance with this chapter, the Council shall accept the same.

(3) The passage of a resolution by the Council accepting the plat shall constitute final approval of the platting of the area shown on the final plat. The subdivider or owner shall cause such plat to be recorded in the office of the County Recorder of the County where the land to be subdivided is located, and shall file satisfactory evidence of such recording in the office of the Clerk before the City shall recognize the plat as being in full force and effect. However, said resolution shall not be delivered to the subdivider for recording until such time as the subdivider signs acceptance of the terms of the resolution and provides the required security to the City.

(4) Approval of the final plat by the City shall be ineffective if the plat and attachments are not recorded by the owner in the Office of the County Recorder within one year of the date of approval.

SECTION 6. DESIGN STANDARDS.

1.Streets. Design standards for streets are as follows:

A. Conformity. The arrangement, character, extent, width, grade, and location of all streets shall conform to the general community master plan and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety and in their appropriate relations to the proposed uses of the land to be served by such streets.

B. Alternatives. Where such is not shown in the general community master plan, the arrangement of streets in a subdivision shall either:

(1) Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or

(2) Conform to a plan for the neighborhood approved or adopted by the Commission to meet a particular situation where topographical or other conditions make continuance of conformance to existing streets impracticable.

C. Minor Streets. Minor streets shall be laid out to be used primarily for access to the abutting properties.

D. Subdivision Abutments. Where a subdivision abuts or contains an existing or proposed arterial street, the Commission may require marginal access streets, reverse frontage with screen planting contained in a non-access reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

E. Right-of-way. Where a subdivision borders on or contains a railroad right-of-way or limited access highway right-of-way, the Commission may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

F.Controlling Access Strips. Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the City under conditions approved by the Commission.

G.Street Jogs. Street jogs with centerline offsets of less than one hundred twenty-five (125) feet shall be avoided where possible.

H.Tangents. A tangent at least one hundred (100) feet long shall be introduced between reverse curves on arterial collector streets.

I. Deflecting Streets. When connection street lines deflect from each other at any point by more than ten (10%) degrees, they shall be connected by a curve with a radius adequate to insure a sight distance of not less than one hundred feet (100) for minor and collector streets, and of such greater radii as the Commission shall determine for special cases.

J. Intersections. Streets shall be laid out so as to intersect as nearly as possible at right angles and no street at less than sixty (60) degrees.

K.Street Widths. Street right-of-way widths shall be as shown in the general community master plan and where not shown therein shall be not less than sixty-six (66) feet.

L. Half-streets Prohibited. Half-streets are prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations, and where the Commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever a half-street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.

M. Dead-end Streets. Dead-end streets, designed to be so permanently, shall not be longer than five hundred (500) feet and shall be provided at the close with a turnaround having an outside roadway diameter of at least eighty (80) feet and a street property line diameter of at least one hundred twenty (120) feet.

Where phased construction of a subdivision creates a temporary dead end street, a temporary gravel surface for turn around shall be constructed at the subdivider’s expense. A dedicated easement shall be provided which would be vacated when further development eliminates the need for the turnaround.

N. Street Names. No street names shall be used which duplicate or may be confused with the names of existing Streets. Street names shall be subject to the approval of the Commission.

O. Street Grades. Street grades shall not exceed the following, with due allowance for reasonable vertical curves, maximum six (6%) percent on arterial and collector, eight (8%) percent on minor. No street grade shall be less than 0.4 percent. When existing site topography is impractical with regard to maximum street grade, a variance maybe requested.

2. Alleys. Design standards for alleys are as follows:

A. Alleys Provided. Alleys shall be provided in commercial and industrial districts except that the Commission may waive this requirement where other definite and assured provisions are made for service access such as off-street loading, unloading, and parking consistent with and adequate for the uses proposed.

B. Alley Width. The width of an alley shall be twenty (20) feet.

C. Alley Intersections. Alley intersections and sharp changes in alignment shall be avoided, but where necessary, comers shall be cut off sufficiently to permit safe vehicular movement.

D.. Dead-end Alleys. Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities at the dead-end as determined by the Commission.

3. Easements. Design standards for easements are as follows:

A. Utility Easements. Easements across lots shall be provided for utilities where necessary and shall have a minimum width of twenty (20) feet, which may be centered on rear or side lot lines. Side yard easements for water, sewer and storm sewer shall be avoided.

B. Storm Water Easements. Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, there shall be provided a storm sewer easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction or both as will be adequate for the purpose. Parallel streets or parkways may be required in connection therewith.

4. Blocks. Design standards for blocks are as follows:

A. Length, Width and Shape. The length, width and shape of Blocks shall be determined with due regard to:

(1) Provisions of adequate building sites suitable to the special needs of the type of use contemplated.

(2) Zoning requirements as to lot sizes and dimensions;

(3) Needs for convenient access, circulation, control and safety of street traffic;

(4) Limitations and opportunities of topography.

B. Block Length Limitations. Block lengths shall not exceed one thousand three hundred (1300) feet or be less than three hundred thirty (330) feet.

C. In blocks over seven hundred (700) feet in length, the Commission may require a public right of way or an easement at least ten (10) feet in width, or at or near the center of the block, for use by pedestrians.

5. Lots. Design standards for lots are as follows:

A. Lot Size and Shape. The lot size, width, depth, shape, and orientation and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

B. Minimal Standards on Lot Sizes. Lot dimensions shall conform to the requirements of Chapter 21 of the Code of Ordinances, and:

(1) Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities by the type of use and development contemplated.

C. Corner Lots. Comer lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets.

D. Lot Access. The subdividing of the land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing public street.

E. Double or Reverse Frontage. Double frontage and reverse frontage lots should be avoided.

F. Side Lot Lines. Side lot lines shall be substantially at right angles or radial to street lines.

6. Public Sites and Open Spaces. In subdividing property, consideration shall be given to suitable sites for schools, parks or playgrounds and shall be indicated on the preliminary plat in order that it may be determined when and in what manner such areas will be dedicated to or acquired by the appropriate agency. An area in the subdivision equal to 500 square feet per lot (0.011 acres per lot) shall be set aside and dedicated to park development for public use.

SECTION 7. REQUIRED IMPROVEMENTS.

1. Monuments. Monuments shall be placed in accordance with Iowa Code Section 355 at all lot corners, angle points, points of curve in streets.

2. Utility and Street Improvements. Utility and street improvements shall be as follows:

A. Public Water. Water mains shall be installed by the subdivider at the subdivider's expense in accordance with regulations and stubbed into each lot line with a shut-off valve at the end of the stub. Shut off valves shall be installed at suitable spacing on all mains. Where possible, mains shall be installed in the street right-of-way behind back of curb. Fire hydrants with shut-off valves shall be installed on mains at a spacing not to exceed six hundred (600) feet.

Construction must be under the supervision of the City Superintendent or City Engineer and approved by the City Superintendent or the City Engineer to the Council in writing.

Plans for water mains shall be prepared by a licensed engineer and shall be approved by the Council. Plans of improvements as constructed must be filed with the City Coordinator before final approval is given.

B. Sanitary Sewer. Sanitary sewer mains shall be installed at the subdivider's expense in accordance with City and State regulations and shall be stubbed into each lot line at the time of installation of the sewer lines. Where possible, sewer mains shall be installed in the street right-of-way behind back of curb with manholes in the street surface. Plans and specifications for sanitary sewer shall be prepared by a licensed engineer and shall be approved by the Council. All improvements shall be under the supervision of a qualified inspector.

C. Streets. Arterial streets shall be of width as approved by the Council. Collector streets shall be a minimum width of seventy (70) feet with a minimum forty-one (41) foot roadway. Minor streets shall be a minimum width of sixty-six (66) feet right-of-way, with a minimum twenty-eight (28) foot roadway.

D. Curb and Gutter. Curb and gutter (two and one half feet wide) shall be installed at the subdivider's expense according to plans and specifications prepared by a licensed engineer and approved by the Council.

E Surfacing.

(1) All streets will be constructed to grade and have controlled drainage through the use of concrete curb and gutter.

(2) All streets shall be hard-surfaced with Asphaltic Cement Concrete Pavement (ACC) or Portland Cement Concrete Pavement (PCC). The Council reserves the right to determine the pavement surface at the Council's discretion. Any street improvement may be waived by a vote of three-fourths (3/4) of all members of the Council.

(3) Pavement design shall be certified by a Civil Engineer licensed in the State of Iowa and designed to the minimum standards as listed:

MINOR STREETS (28 feet wide)

ACC Pavement

Surface

Subbase shall be a minimum of nine (9) inches of macadam base with three (3) inches Class A crushed stone. Subbase type shall be or adequate design to support traffic on a four (4) inches asphaltic concrete surface.

Subbase of adequate strength to support traffic on a (8) eight Portland cement concrete surface with a minimum of eight (8) inches of crushed stone base. Additional thickness may be required if deemed as an arterial way.

F. Alleys. Alleys shall be constructed to grade and surfaced full width with three (3) inches of crushed rock at the subdivider's expense.

G. Storm Sewer. Storm sewer system and other drainage improvements shall be installed at the subdivider's expense in accordance with plans and specifications prepared by a licensed engineer and approved by the Council, Storm drainage systems shall take into consideration two separate design storms (1) minor storm of five (5) year recurrence interval to size storm sewer pipes, inlets, street gutters and small swales; (2) major storm of one hundred (100) year recurrence interval to analyze flows in excess of the minor system facilities and which are designed to protect against loss of life or serious substantial property damage.

H. Storm Water Detention. Storm water detention basins may be required on a case-by-case basis, depending on the area being developed and the total drainage basin involved.

I. Sidewalks. Permanent sidewalks shall be installed in new subdivisions. Sidewalks shall be a minimum of four (4) feet in width and four (4) inches thick. Where widths in excess of four (4) feet are required the City will pay the added cost.

J. Street Trees. Street trees may be planted in park lines according to City specifications.

K. Standards in Flood Hazard Areas. In a Floodway or Floodway Fringe Overlay District new or replacement water to supply systems and/or sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters, and on-site waste disposal systems shall be located so as to avoid impairment of them or contamination from beyond applicable environmental control limits during flooding.

L. Alternative Systems for Water and Sewer. Where connection to City sewer and/or water systems cannot reasonably be made, the City may approve alternate facilities for distribution of water or the collection and disposal of sanitary wastes. Such alternate systems shall be designed and constructed and operated to fully protect the public health, safety and welfare, and shall meet all requirements of the State, County or other applicable regulations.

3. Improvement Inspection. The City Superintendent or the City Engineer shall observe construction of all improvements set out in this section. The subdivider shall be responsible for all cost related to the inspection of such public improvements.

1. General. The application shall describe or outline the existing conditions of the site and the proposed development as necessary to supplement the drawings required in subsection 2 of this section. This information may include data on existing covenants, land characteristics, and available community facilities and utilities; and information describing the subdivision proposal such as number of residential lots, typical lot width and depth, price range, business areas, playgrounds, park areas, and other public areas, proposed covenants, utilities and improvements.

2. Plans. A plan or topographic survey may be presented and show in simple sketch form the proposed layout of streets, lots and other features in relation to existing conditions. The sketch plan may be freehand pencil sketch made directly on a print of the topographic survey. In any event the sketch plan shall include either the existing topographic data listed in subsection 3, or such of these data as the Commission determines necessary for its consideration of the proposed sketch plan.

3. Plans and Data for Conditional Approval. The items set out in this subsection are required for a preliminary plat to be considered.

A. Topographic Data. Topographic data required as a basis for the preliminary plat shall include existing conditions as follows except when otherwise specified by the Commission:

(3) Streets on and adjacent to the tract: name and right-of- way width and location; type, width and elevation of surfacing; and legally established centerline elevations; walks, curbs, gutters, culverts, etc.

(4) Utilities on and adjacent to tract location: size and invert elevation of sanitary storm and combined sewer; location and size of water mains; location of gas lines; fire hydrants, electric and telephone poles, and street light; if water mains and sewers are not on or adjacent to the tract, indicate the directions and distance to, and size of nearest ones, showing invert elevation of sewers.

(5) Ground elevations on the tract, based on a datum plane approved by the Council: for land that slopes less than approximately two (2%) percent show spot elevations at all breaks in grade, along all drainage channels or swales, and at selected points not more than one hundred (100) feet apart in all directions; for land that slopes more than approximately two (2%) percent, either show contours with an interval of not more than five (5) feet if ground slope is regular and such information is sufficient for planning purposes, or show contours with an interval of not more than two (2) feet if necessary because of irregular land or need for more detained data for preparing plans and construction drawings;

(6) Other conditions on the tract: watercourses, marshes, rock outcrop, wooded areas, isolated preserveable trees one foot or more in diameter, houses, barns, shacks, and other significant features.

B. Preliminary Plat. The preliminary plat shall be prepared by a licensed engineer and land surveyor, as applicable, at a scale of two hundred feet to one inch (200' = 1”) or larger, preferred scale of one hundred feet to one inch (100' = 1"). It shall show all existing conditions required in subsection A above, and shall show proposals including the following:

(1) Streets: names, right-of-way and roadway widths; approximate grades and gradients; similar data for alleys, if any.

(5) Sites, if any, to be reserved or dedicated for parks, playgrounds, or other public uses.

(6) Sites, if any, for multi-family dwellings, shopping centers, churches, industry or other nonpublic uses exclusive of single-family dwellings.

(8) Site data, including number of residential lots, typical lot size, and acres in parks, etc.

C. Other Preliminary Plans. When required by the Commission, the preliminary plat shall be accompanied by profiles showing existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision; typical cross-sections of the proposed grading, roadway and sidewalk; and preliminary plan of proposed sanitary and storm water sewers with grades and sizes indicated. All elevations shall be based on a datum approved by the Council.

D. Draft of Protective Covenants. The subdivider shall file all proposals to regulate land use in the subdivision and otherwise protect the proposed development.

4. Plans and Data for Final Plat Approval. The items set out in this section are required for final plat approval.

A. Final Plat. The final plat shall be prepared by a licensed engineer on sheets suitable for reproduction twenty-four (24) inches wide by thirty-six (36) inches long and shall be at a scale of one hundred feet to one inch (100' = 1") or larger (preferred scale of fifty feet to one inch (50' = 1"). Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. For large subdivisions the final plat may be submitted for approval progressively in continuous sections satisfactory to the Commission. The final plat shall show or be accompanied by the following:

(1) Boundary location, lot lines, lot corners, tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, and property lines of lots and other sites; with accurate dimensions, bearings or deflections angles, and radii, arcs, and central angles of all curves as required by Iowa Code Sections 354 and 355.

(5) Purpose for which sites, other than residential lots, are dedicated or reserved.

(9) Certification by licensed surveyor certifying to accuracy of survey and plat.

(11) A certificate by the owner and spouse, if any, that the subdivision is with their free consent and is in accordance with the desire of the owner and spouse. This certificate must be signed and acknowledged by the owner and spouse before some officer authorized to take the acknowledgments of deeds.

(12) A statement from mortgage or lien holder, if any, that the plat is prepared with their free consent.

(13)Statement by owner dedicating streets, right-of-way and any sites for public uses.

(15) An opinion from an attorney at law showing that the fee title is in the proprietor and that the land platted is free from encumbrance, or is free from encumbrance other than that secured by a bond as provided in Section 354.11 of the Code of Iowa.

(16) A certificate of the County Treasurer that the land is free from certified taxes and certified special assessments or that the land is free from certified taxes and that the certified special assessments are secured by bond in compliance with Section 354.12 of the Code of Iowa.

(17) A resolution and certificate for approval by the Council and for signatures of the Mayor and Clerk.

(18) A cost estimate from the design engineer or construction contracts for all required improvements.

B. Cross-sections and Profiles. Cross-sections and profiles of streets showing grades approved by the Council are required. The profiles shall be drawn to City standard scales and elevations and shall be based on a datum plane approved by the Council.

C. Certificate by Engineer and Clerk. There shall be a certificate certifying that the subdivider has complied with the following:

(1) A certificate by a professional engineer that all improvements have been designed and installed in accord with the requirements of these regulations and with the action of the Commission giving conditional approval of the preliminary plat; and

(2) A certificate by the Clerk certifying that a bond, certified check or irrevocable letter of credit equal to one hundred percent (100%) of the Engineer's estimate of cost or one hundred ten percent (110%) of the total construction contracts has been posted which is available to the City to assure the completion of all required improvements.

D. Protective Covenants in Form for Recording. The protective covenants set out in this section, in form for recording, are required.

E. Other Data. Such other certificates, affidavits, endorsements, or deductions as may be required by the Commission in the enforcement of these regulations.

F .Engineer's Assurance, in Floodway Fringe Overlay District. If the subdivision is located in a Floodway Fringe Overlay District, an assurance by the engineer that:

(1) The subdivision design is consistent with the need to minimize flood damage.

(2)All public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage;

(4) If the proposal for development is of five (5) acres or fifty (50) lots, whichever is less, include the regulatory flood elevation.

G. Maintenance Bond. Prior to final approval by the City, the subdivider shall file a maintenance bond equal to ten percent (10%) of the Engineer's estimate of cost for the project that guarantees all required improvements for a period of two (2) years after final acceptance of the subdivision by the city.

H. As-built Drawings. As-built drawings showing the location of all public utilities and service lines are required prior to final acceptance of the subdivision.

SECTION 9. BUILDING PERMITS. The City shall not issue any building or repair permits for any structure on any tract of land required to be platted under the provisions hereof and of Chapter 354 of the Iowa Code, until this chapter has been complied with.

SECTION 10. FILING FEES. The filing fee for a preliminary plat shall be $50.00. The filing fee for final plat shall be $50.00 plus a per lot of $10.00 and shall be paid when the final plat is filed for approval.

SECTION 11. VIOLATIONS AND PENALTIES. Whoever, being the owner or agent of the owner of any land located within or adjacent to the City, knowingly or with intent to defraud, transfers or sells by reference to or exhibition of, or by other use of a plat of subdivision of such land before the final plat has been approved by the Commission, shall forfeit and pay the penalty of not more than one hundred dollars ($100.00) for each lot so transferred or sold or agreed or negotiated to be sold, and a description by metes and bounds shall not exempt the transaction from such penalties. Each day that a violation is permitted to exist constitutes a separate offense.

SECTION 1. AMENDMENT. Chapter 19, Subdivision Regulations, of the Municipal Code of the City of Alburnett is hereby amended to include the additional paragraph as follows:

Storm sewer or drain tile shall be installed to serve each lot in the subdivision to provide for connection of sump pumps or footing drains. Piping shall be sized for a minimum of 5 gallons per minute (gpm) per house for up to 50 houses. For over 50 houses piping shall be sized for 250 gpm plus 2.5 gpm per house for each additional house over 50.

SECTION 2. REPEALER. All ordinances, parts of ordinances, and resolutions in conflict with the provisions of this Ordinance Amendment are hereby repealed.

SECTION 3. SEVERABILITY. If any section, provision, or part of this Ordinance Amendment shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Municipal Code as a whole or any section, provision or part thereof, not adjudged invalid or unconstitutional.

SECTION 4. EFFECTIVE DATE. This Ordinance Amendment shall be in full force and effective from and after its final approval, passage, and publication as provided by law.

SECTION 1. PURPOSE. The purpose of this chapter is to enhance safe passage by citizens on sidewalks, to place the responsibility for the maintenance, repair, replacement or reconstruction of sidewalks upon the abutting property owner and to minimize the liability of the City.

SECTION 2. DEFINITIONS. For user in this chapter the following terms are defined:

1. “Broom finish” means a sidewalk finish that is made by sweeping the sidewalk when it is hardening.

2.“Established grade” mans that grade established by the City for the particular area in which a sidewalk is to be constructed.

3. “One-course construction” means that the full thickness of the concrete is placed at one time, using the same mixture throughout.

4.“Owner” means the person owning the fee title to property abutting any sidewalk and includes any contract purchaser for purposes of notification required herein. For all other purposes, “owner” includes the lessee, if any.

6. “Sidewalk” means permanent public walks in business, residential or suburban areas.

7. “Sidewalk improvement” means the construction, reconstruction, repair, replacement or removal, of a public sidewalk and/or the excavating, filling or depositing of material in the public right-of-way in connection therewith.

8. “Wood float finish” means a sidewalk finish that is made by smoothing the surface of the sidewalk with a wooden trowel.

SECTION 3. REMOVAL OF SNOW, ICE AND ACCUMULATIONS. It is the responsibility of the abutting property owner to remove snow, ice and accumulations promptly from sidewalks. If a property owner does not remove snow, ice or accumulations within a reasonable time, the City may do so and assess the costs against the property owner for collection in the same manner as a property tax.

SECTION 4. RESPONSIBILITY FOR MAINTENANCE. It is the responsibility of the abutting property owners to maintain in a safe and hazard-free condition any sidewalk outside the lot and property lines and inside the curb lines or traveled portion of the public street.

SECTION 5. 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, required the owner to repair, replace or reconstruct sidewalks within a reasonable time and if such action is not completed within the time stated in the notice, the Council may require the work to be done and assess the costs against the abutting property for collection in the same manner as a property tax.

SECTION 6. SIDEWALK CONSTRUCTION ORDERED. The Council may order the construction of permanent sidewalks upon any street or court in the City an may specially assess the cost of such improvement to abutting property owners in accordance with the provisions of Chapter 384 of the Code of Iowa.

SECTION 7. PERMIT REQUIRED. No person shall remove, reconstruct or install a sidewalk unless such person has obtained a permit for the City and has agreed in writing that said removal, reconstruction or installation will comply with all ordinances and requirements of the City for such work.

SECTION 8. SIDEWALK STANDARDS. Sidewalks repaired, replaced or constructed under the provision of this chapter shall be or the following construction and meet the following standards:

1. Cement. Portland cement shall be the only cement used in the construction and repair of sidewalks.

3. Sidewalk Base. Concrete may be placed directly on compact and well-drained soil. Where soil is not well drained, a three (3) inch sub-base of compact, clean, coarse gravel or sand shall be laid. The adequacy of the soil drainage is to be determined by the City.

4. Sidewalk Bed. The sidewalk bed shall be so graded that the constructed sidewalk will be at established grade.

A. Residential sidewalks shall be at least four (4) feet wide and four 94) inches thick, and each section shall be no more that six (6) feet in length.