CITY CODE

CODE OF ORDINANCES

CITY OF CHEROKEE, IOWA

TABLE OF CONTENTS

GENERAL CODE PROVISIONS

CHAPTER 1 — CODE OF ORDINANCES...................................................................................................1

CHAPTER 2 — CHARTER...................................................................................................................9

CHAPTER 3 — BOUNDARIES...............................................................................................................11

CHAPTER 4 — MUNICIPAL INFRACTIONS.................................................................................................21

CHAPTER 5 — OPERATING PROCEDURES................................................................................................25

CHAPTER 6 — CITY ELECTIONS...........................................................................................................35

CHAPTER 7 — FISCAL MANAGEMENT.....................................................................................................37

CHAPTER 8 — INDUSTRIAL PROPERTY TAX EXEMPTIONS...............................................................................45

CHAPTER 9 — ECONOMIC DEVELOPMENT PROPERTY TAX EXEMPTION...............................................................51

CHAPTER 10 — URBAN RENEWAL.........................................................................................................53

CHAPTER 11 — URBAN REVITALIZATION................................................................................................. 55

ADMINISTRATION, BOARDS AND COMMISSIONS

CHAPTER 15 — MAYOR.....................................................................................................................76

CHAPTER 16 — MAYOR PRO TEM..........................................................................................................77

CHAPTER 17 — COUNCIL...................................................................................................................79

CHAPTER 18 — CITY CLERK................................................................................................................85

CHAPTER 19 — CITY MANAGER............................................................................................................91

CHAPTER 20 — CITY ATTORNEY...........................................................................................................95

CHAPTER 21 — LIBRARY BOARD OF TRUSTEES..........................................................................................101

CHAPTER 22 — PLANNING AND ZONING COMMISSION..................................................................................107

CHAPTER 23 — AIRPORT COMMISSION....................................................................................................111

CHAPTER 24 — HISTORIC PRESERVATION COMMISSION.................................................................................113

CHAPTER 25 — CHEROKEE AVIATION AUTHORITY.......................................................................................119

POLICE, FIRE AND EMERGENCIES

CHAPTER 30 — POLICE DEPARTMENT.....................................................................................................145

CHAPTER 35 — FIRE DEPARTMENT.........................................................................................................151

CHAPTER 36 — HAZARDOUS SUBSTANCE SPILLS..........................................................................................157

PUBLIC OFFENSES

CHAPTER 40 — PUBLIC PEACE...............................................................................................................185

CHAPTER 41 — PUBLIC HEALTH AND SAFETY..............................................................................................189

CHAPTER 42 — PUBLIC AND PRIVATE PROPERTY..........................................................................................193

CHAPTER 45 — ALCOHOL CONSUMPTION AND INTOXICATION............................................................................225

CHAPTER 46 - MINORS.........................................................................................................................227

CHAPTER 47 — PARK REGULATIONS..........................................................................................................229

NUISANCES AND ANIMAL CONTROL

CHAPTER 50 — NUISANCE ABATEMENT PROCEDURE.......................................................................................251

CHAPTER 51 — JUNK AND JUNK VEHICLES..................................................................................................257

CHAPTER 55 — ANIMAL PROTECTION AND CONTROL.......................................................................................285

TRAFFIC AND VEHICLES

CHAPTER 60 — ADMINISTRATION OF TRAFFIC CODE........................................................................................315

CHAPTER 61 — TRAFFIC CONTROL DEVICES.................................................................................................319

CHAPTER 62 — GENERAL TRAFFIC REGULATIONS...........................................................................................321

CHAPTER 63 — SPEED REGULATIONS.........................................................................................................335

CHAPTER 64 — TURNING REGULATIONS......................................................................................................345

CHAPTER 65 — STOP OR YIELD REQUIRED...................................................................................................375

CHAPTER 66 — LOAD AND WEIGHT RESTRICTIONS..........................................................................................383

CHAPTER 67 — PEDESTRIANS..................................................................................................................385

CHAPTER 68 — ONE-WAY TRAFFIC............................................................................................................387

CHAPTER 69 — PARKING REGULATIONS.......................................................................................................389

CHAPTER 70 — TRAFFIC CODE ENFORCEMENT PROCEDURES...............................................................................425

CHAPTER 75 — ALL-TERRAIN VEHICLES AND SNOWMOBILES................................................................................441

CHAPTER 76 — BICYCLE REGULATIONS........................................................................................................445

CHAPTER 80 — ABANDONED VEHICLES........................................................................................................461

CHAPTER 81 — RAILROAD REGULATIONS......................................................................................................465

WATER

CHAPTER 90 — WATER SERVICE SYSTEM......................................................................................................481

CHAPTER 91 — WATER METERS................................................................................................................487

CHAPTER 92 — WATER RATES..................................................................................................................489

CHAPTER 93 — WATER LINE EXTENSIONS.....................................................................................................493

SANITARY SEWER

CHAPTER 95 — SANITARY SEWER SYSTEM....................................................................................................501

CHAPTER 96 — BUILDING SEWERS AND CONNECTIONS.....................................................................................507

CHAPTER 97 — USE OF PUBLIC SEWERS......................................................................................................513

CHAPTER 98 — ON-SITE WASTEWATER SYSTEMS............................................................................................519

CHAPTER 99 — SEWER USER CHARGE.........................................................................................................521

CHAPTER 100 — SEWER EXTENSIONS..........................................................................................................533

CHAPTER 101 — STORM WATER UTILITY......................................................................................................541

GARBAGE AND SOLID WASTE

CHAPTER 105 — SOLID WASTE CONTROL.....................................................................................................555

CHAPTER 106 — COLLECTION OF SOLID WASTE.............................................................................................563

FRANCHISES AND OTHER SERVICES

CHAPTER 110 — NATURAL GAS FRANCHISE...................................................................................................581

CHAPTER 111 — ELECTRIC FRANCHISE........................................................................................................585

CHAPTER 112 — TELEPHONE FRANCHISE.....................................................................................................589

CHAPTER 113 — CABLE TELEVISION FRANCHISE.............................................................................................591

CHAPTER 114 — CABLE TELEVISION REGULATIONS..........................................................................................603

CHAPTER 115 — CABLE COMMUNICATIONS SYSTEM
FRANCHISE AUTHORIZATION...........................................................................................609

CHAPTER 118 — OAK HILL CEMETERY.........................................................................................................665

REGULATION OF BUSINESS AND VOCATIONS

CHAPTER 120 — LIQUOR LICENSES AND WINE AND BEER PERMITS........................................................................685

CHAPTER 121 — CIGARETTE PERMITS.........................................................................................................689

CHAPTER 122 — PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS...................................................................693

CHAPTER 123 — HOUSE MOVERS...............................................................................................................699

CHAPTER 124 — HOTEL AND MOTEL TAX......................................................................................................703

STREETS AND SIDEWALKS

CHAPTER 135 — STREET USE AND MAINTENANCE............................................................................................725

CHAPTER 136 — SIDEWALK REGULATIONS....................................................................................................729

CHAPTER 137 — VACATION AND DISPOSAL OF STREETS.....................................................................................735

CHAPTER 138 — STREET GRADES.............................................................................................................. 737

CHAPTER 139 — NAMING OF STREETS..........................................................................................................739

CHAPTER 140 — EXCAVATIONS..................................................................................................................741

BUILDING AND PROPERTY REGULATIONS

CHAPTER 145 — DANGEROUS BUILDINGS......................................................................................................765

CHAPTER 146 — MANUFACTURED AND MOBILE HOMES.......................................................................................769

CHAPTER 147 — WATER WELL PROTECTION..................................................................................................771

CHAPTER 150 — BUILDING NUMBERING........................................................................................................785

CHAPTER 151 — TREES...........................................................................................................................787

CHAPTER 155 — BUILDING CODE................................................................................................................801

CHAPTER 156 — DEMOLITION CODE............................................................................................................803

CHAPTER 157 — USE OF CITY RIGHT-OF-WAY.................................................................................................813

CHAPTER 158 — LANDSCAPING AND SCREENING STANDARDS............................................................................... 817

ZONING AND SUBDIVISION

CHAPTER 165 — ZONING REGULATIONS........................................................................................................851

CHAPTER 166 — SUBDIVISION REGULATIONS...................................................................................................975

CHAPTER 167 — ADULT-ORIENTED ESTABLISHMENT REGULATIONS........................................................................1001

CHAPTER 1

CODE OF ORDINANCES

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

1.01 TITLE. This code of ordinances shall be known and may be cited as the Code of Ordinances of the City of Cherokee, Iowa, 2000.

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

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

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

3. “Clerk” means the City Clerk-Treasurer of Cherokee, Iowa.

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

5. “Code of Ordinances” means the Code of Ordinances of the City of Cherokee, Iowa, 2000.

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

7. “County” means Cherokee County, Iowa.

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

9. “Month” means a calendar month.

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

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

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

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

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

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

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

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

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

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

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

21. “State” means the State of Iowa.

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

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

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

25. “Year” means a calendar year.

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

(Code of Iowa, Sec. 364.1)

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

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

(Code of Iowa, Sec. 364.14)

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

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

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

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

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

5. Gender. The masculine gender includes the feminine and neuter genders.

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

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

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

(Code of Iowa, Sec. 380.2)

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

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

(Code of Iowa, Sec. 718.5)

1.10 STANDARD PENALTY. Unless another penalty is expressly provided by the Code of Ordinances for any particular provision, section or chapter, any person failing to perform a duty, or obtain a license required by, or violating any provision of the Code of Ordinances, or any rule or regulation adopted herein by reference shall, upon conviction, be subject to a fine of not more than five hundred dollars ($500.00) or imprisonment not to exceed thirty (30) days.

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

(Ord. 416 – Aug. 00 Supp.)

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

CHAPTER 3

BOUNDARIES

3.01 Corporate Limits

3.02 Division Into Precinct Wards

3.01 CORPORATE LIMITS. The corporate limits of the City are described as follows:

Beginning at the Northeast (NE) Corner of Section 26, Township 92 North, Range 40 West of the 5th Principal Meridian, Cherokee County, Iowa; thence West along the North Line of said Section 26 to a point on the Southerly right-of-way line of State Highway No. 3; thence 260.50 feet Northwesterly along a 11,460 foot radius concave Southwesterly, having a 260.50 foot chord bearing N 58º48'08" W, along the Southerly right-of-way line of State Highway No. 3; thence N 59º23' W 378.95 feet along the Southerly right-of-way line of State Highway No. 3 to a point on the Easterly right-of-way line of the Chicago, Central & Pacific Railroad Company; thence S 32º12' W 386.95 feet along the Easterly right-of-way line of the Chicago, Central & Pacific Railroad Company to a point on the North Line of the Northwest Quarter (NW 1/4) of said Section 26; thence West along the North Line of the Northwest Quarter (NW 1/4) of said Section 26 to a point 927.1 feet East of the Northwest (NW) Corner of said Section 26, said point also being the Southeast (SE) Corner of Lot 29 in the Ament Second Addition to Cherokee, Iowa; thence N 11º12' E, 506.7 feet along the East Line of said Ament Second Addition to the Southerly right-of-way line of Iowa Highway #3; thence Southeasterly along the Southerly right-of-way line of Iowa Highway #3 to the Westerly right-of-way line of the Chicago, Central & Pacific Railroad Company; thence Northeasterly along the Westerly right-of-way line of the Chicago, Central & Pacific Railroad Company to the West line of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of Section 23, Township 92 North, Range 40 West of the 5th Principal Meridian, Cherokee County, Iowa; thence South along the West line of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) to the Southwest (SW) Corner of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of said Section 23; thence East along the South line of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) to the Southeast (SE) Corner of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of said Section 23; thence North along the East line of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) to the Northeast (NE) Corner of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of said Section 23; thence North 610.99 feet along the East Line of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of said Section 23; thence S 89º24'47" W 412.82 feet to the Easterly right-of-way line of a local County Road (known as Old 21 Road); thence S 30º28'11" W 703.86 feet along the Easterly right-of-way line of said local County Road to a point on the North Line of the Southeast Quarter (SE 1/4) of said Section 23; thence West 535.17 feet along the North Line of the Southeast Quarter (SE 1/4) to the Northwest (NW) Corner of the Southeast Quarter (SE 1/4) of said Section 23; thence West along the North line of the Southwest Quarter (SW 1/4) of said Section 23 to the Northwest (NW) Corner of the Southwest Quarter (SW 1/4) Corner of said Section 23; thence West 1211.94 feet along the North Line of the Southeast Quarter (SE 1/4) of Section 22, Township 92 North, Range 40 West of the 5th Principal Meridian, Cherokee County, Iowa; thence South 34.06 feet to the Southerly right-of-way line of a local County Road (known as 515^th Street); thence S 45º51'34" W 445.36 feet to a point on the Northerly right-of-way line of State Highway No. 3; thence S 36º03'17" W 145.51 feet to the Southerly right-of-way line of State Highway No. 3; thence N 53º56'43" W 162.25 feet along the Northerly right-of-way line of State Highway No. 3; thence N 57º13'44" W 615.96 feet along the Northerly right-of-way line of State Highway No. 3; thence West 216.10 feet parallel to, and 33.4 feet perpendicularly distant South of, the North Line of the Southeast Quarter (SE 1/4) of said Section 22; thence S 02º17'22" E 150.00 feet along the Easterly right-of-way line of U.S. Highway No. 59; thence S 02º17'22" E 154.78 feet along the Easterly right-of-way line of U.S. Highway No. 59; thence S 09º48'04" E 329.09 feet along the Easterly right-of-way line of U.S. Highway No. 59; thence N 89º30'20" W 1036.88 feet; thence N 00º18'08" E 653.78 feet to the North Line of the Southwest Quarter (SW 1/4) of said Section 22; thence N 89º43'25" W 1816.33 feet along the North Line of the Southwest Quarter (SW 1/4) of said Section 22 to the Northwest (NW) Corner of the Southwest Quarter (SW 1/4) of said Section 22; thence S 01º41'05" E 2501.40 feet along the West line of the Southwest Quarter (SW 1/4) of said Section 22 to a point on the Easterly right-of-way line of the Chicago, Central & Pacific Railroad Company; thence Southeasterly 200.39 feet along a 2242.0 foot radius curve, concave Northeasterly, which is tangent to a line bearing S 34º45'14" E at the beginning of said curve, along the Easterly right-of-way line of the Chicago, Central & Pacific Railroad Company, to the South line of the Southwest Quarter (SW 1/4) of said Section 22; thence West along the South Line of the Southwest Quarter (SW 1/4) of said Section 22 to the Southwest (SW) Corner of said Section 22; thence West along the North Line of Section 28, Township 92 North, Range 40 West of the 5th Principal Meridian, Cherokee County, Iowa, to the Northwest (NW) Corner of said Section 28; thence South along the West line of said Section 28 to the Southwest (SW) Corner of said Section 28; thence East 33.0 feet along the South Line of said Section 28 to the Easterly right-of-way line of a local County Road (known as O Avenue); thence South 507.69 feet parallel to, and 33.0 feet perpendicularly distant East of, the West Line of Section 33, Township 92 North, Range 40 West of the 5th Principal Meridian, Cherokee County, Iowa; thence East 1287.0 feet parallel to the North Line of said Section 33 to a point on the West Line of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4); thence South along the West Line of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) to the Northwest (NW) Corner of the South One-half (S 1/2) of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of said Section 33; thence East along the North Line of the South One-half (S 1/2) of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) to the Northeast (NE) Corner of the South One-half (S 1/2) of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of said Section 33; thence South along the East Line of the Northwest Quarter (NW 1/4) to the Southeast (SE) Corner of the Northwest Quarter (NW 1/4) of said Section 33; thence South along the East Line of the Southwest Quarter (SW 1/4) to the Southeast (SE) Corner of the Southwest Quarter (SW 1/4) of said Section 33; thence East along the South line of said Section 33 to the Southeast (SE) Corner of said Section 33; thence East along the South line of the Southwest Quarter (SW 1/4) of Section 34, Township 92 North, Range 40 West of the 5th Principal Meridian, Cherokee County, Iowa, to a point on the East right-of-way line of the Chicago, Central & Pacific Railroad Company; thence Southeasterly 800 feet along the East right-of-way line of the Chicago, Central & Pacific Railroad Company; thence S 72º45' W, 101.5 feet to a point on the West right-of-way line of the Chicago, Central & Pacific Railroad Company; thence N 7º15'00" W 3.5 feet along the West right-of-way line of the Chicago, Central & Pacific Railroad Company; thence S 82º45' W, 66.0 feet; thence S 07º15' E, 571.9 feet parallel to the West right-of-way of the Chicago, Central & Pacific Railroad Company; thence S 83º40' E 167.90 feet to a point on the East right-of-way of the Chicago, Central & Pacific Railroad Company; thence Southeasterly along the East right-of-way line of the Chicago, Central & Pacific Railroad Company to a point on the South Line of the Northwest Quarter (NW 1/4) of Section 3, Township 91 North, Range 40 West of the 5th Principal Meridian, Cherokee County, Iowa; thence S 07º55'58" E 2033.06 feet along the East right-of-way line of the Chicago, Central & Pacific Railroad Company to a point 50 feet perpendicularly distant North of the centerline of Lake Street; thence S 87º11'19" E 599.02 feet parallel to, and 50 feet perpendicularly distant North from, the centerline of Lake Street to a point on the West Line of the Southeast Quarter (SE 1/4)of said Section 3; thence S 00º10'35"W 687.87 feet along the West Line of the Southeast Quarter (SE 1/4) to the Southwest (SW) Corner of the Southeast Quarter (SE 1/4) of said Section 3; thence S 00º00'00" E 1590.46 feet along the West Line of the Northeast Quarter (NE 1/4) of Section 10, Township 91 North, Range 40 West of the 5th Principal Meridian, Cherokee County, Iowa to a point on the Northerly right-of-way line of the Chicago, Central & Pacific Railroad Company; thence Southeasterly 438.29 feet along a 1860 foot radius curve concave Northeasterly along the North right-of-way line of the Chicago, Central & Pacific Railroad Company; thence N 89º16'00" E 581.84 feet to the West line of the North-South right-of-way of the Chicago, Central & Pacific Railroad Company spur line, said spur line being sometimes referred to as the Walnut Grove Spur; thence N 06º42'00" W 1087.6 feet parallel to, and 15.0' perpendicularly distant from, the centerline of said spur tract; thence continuing N 06º42'00" W 805.40 feet to the North Line of the Northeast Quarter (NE 1/4) of said Section 10; thence S 88º49'48" E 27.32 feet along the North Line of the Northeast Quarter (NE 1/4) of said Section 10; thence N 00º51'14" E 1320.13 feet; thence N 05º15'10" E 198.22 feet; thence N 11º21'42" E 476.36 feet; thence N 23º52'30" E 740.24 feet to the North Line of the Southeast Quarter (SE 1/4) of said Section 3; thence East 186.08 feet to the Southeast (SE) Corner of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of said Section 3; thence North along the West Line of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) to the Northeast (NE) Corner of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of said Section 3; thence N 88º30'15" W 193.80 feet along the North Line of the Southwest Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) of said Section 3; thence N 04º32'30" E 1079.60 feet; thence S 87º41'30" E 315.60 feet parallel to the North Line of the Northeast Quarter (NE 1/4) of said Section 3; thence N 04º32'30" E 300.00 feet to a point on the North line of said Section 3, which is 1544.80 feet East of the Northwest (NW) Corner of the Northeast Quarter (NE 1/4) of said Section 3; thence East along the North line of the Northeast Quarter (NE 1/4) of said Section 3 to the Southwest (SW) Corner of Section 35, Township 92 North, Range 40 West of the 5th Principal Meridian, Cherokee County, Iowa; thence East along the South Line of said Section 35 to the Southeast (SE) Corner of said Section 35; thence North along the East Line of said Section 35 to the Northeast (NE) Corner of the South One-half (S 1/2) of the Northeast Quarter (NE 1/4) of the Northeast Quarter (NE 1/4) of said Section 35; thence West along the South Line of the North One-half (N 1/2) of the North One-half (N 1/2) of the Northeast Quarter (NE 1/4) to the Southwest (SW) Corner of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of said Section 35; thence North 328 feet along the West Line of the Northeast Quarter (NE 1/4) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of said Section 35 to the centerline of Old Primary Highway No. 5; thence Southwesterly along the centerline of Old Primary Highway No. 5 to a point which is 2467.7 feet East of and 335.0 feet South of the Northwest (NW) Corner of said Section 35; thence S 41º05' W 376.8 feet along the Northwesterly right-of-way line for the channel of the Little Sioux River; thence S 64º'30' W 360.0 feet along the Northwesterly right-of-way line for the channel of the Little Sioux River; thence S 61º11' W 63.9 feet; thence N 28º56' W 538.9 feet to the South Line of Maple Street (in the City of Cherokee) extended Easterly; thence East along the South Line of Maple Street extended to a point which is 1700.1 feet East of and 333.2 feet South of the Northwest (NW) Corner of said Section 35; thence North to a point which is 1700.1 feet East of and 231.3 feet South of the Northwest (NW) Corner of said Section 35; thence West 124.0 feet; thence North, at right angle to the South Line of Old Primary Highway No. 5, to the South Line of Old Primary Highway No. 5; thence S 85º41' E 110.5 feet along the South Line of Old Primary Highway No. 5; thence North to a point on the North Line of the Northwest Quarter (NW 1/4) of said Section 35; thence East along the North Line of the Northwest Quarter (NW 1/4) to the Northeast (NE) Corner of the Northwest Quarter (NW 1/4) of said Section 35; thence North 660.0 feet along the West Line of the Southeast Quarter (SE 1/4) of Section 26, Township 92 North, Range 40 West of the 5th Principal Meridian, Cherokee County, Iowa to the Northwest (NW) Corner of Lot 5 of the South One-half (S 1/2) of the Southeast Quarter (SE 1/4) of said Section 26; thence East along the North Line of Lots 5 and 6 of the South One-half (S 1/2) of the Southeast Quarter (SE 1/4) to the Southwest (SW) Corner of Lot 2 of the South One-half (S 1/2) of the Southeast Quarter (SE 1/4) of said Section 26; thence North along the West Line to the Northwest (NW) Corner of said Lot 2; thence East along the North Line to the Northeast (NE) Corner of said Lot 2; thence South 181.5 feet along the East Line of said Lot 2 to a point which is the North Line of the South 478.5 feet of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) of said Section 26; thence East along the North Line of the South 478.5 feet of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4) to a point on the East Line of the Northeast Quarter (NE 1/4) of said Section 26; thence North along the East Line of said Section 26 to the Point of Beginning.

(Ord. 495 – Nov. 05 Supp.)

3.02 DIVISION INTO PRECINCT WARDS. The City is divided into three precinct wards described as follows:

(Code of Iowa, Sec. 372.4 & 372.13[7])

1. First Precinct Ward. All that part of the City lying north of the centerline of Main Street and west of the following described line shall be one precinct or ward and shall be called the First Precinct Ward in said City:

A line commencing at the intersection of Main Street and Fifth Street; thence north on the centerline of Fifth Street to the intersection thereof with West Cedar Street; thence east on the centerline of West Cedar Street to the intersection thereof with U.S. Highway 59 (North Second Street); thence north on the centerline of said U.S. Highway 59 to the intersection thereof with Bluff Street; thence east on the centerline of Bluff Street to the intersection thereof with East King Street; thence northeast on the centerline of East King street to the intersection thereof with North First Street; thence north on the centerline of North First Street to East Ridgeview Drive; thence east and north on the centerline of East Ridgeview Drive to the intersection thereof with East Bow Drive; thence west on the centerline of East Bow Drive to the centerline of U.S. Highway No. 59; thence north along the centerline of said U.S. Highway No. 59 to the municipal limits.

2. Second Precinct Ward. All that part of the City lying south of the following described line shall be one precinct or ward and shall be called the Second Precinct Ward of the City.

A line commencing at the intersection of the centerline of West Main Street, and the extensions thereof, with the west municipal limits; thence east along said centerline, to the intersection thereof with the centerline of Fifth Street; thence north along the centerline of Fifth Street to the intersection thereof with West Cedar Street; thence east along the centerline of West Cedar Street to the intersection thereof with U.S. Highway No. 59 (North Second Street); thence north on the centerline of said U.S. Highway No. 59 to the intersection thereof with Bluff Street; thence east on the centerline of East Bluff Street to the intersection thereof with Euclid Avenue; thence south on the centerline of Euclid Avenue to the intersection thereof with Fountain Street; thence east on the centerline of Fountain Street to the intersection thereof with North Roosevelt Avenue; thence north on the centerline of North Roosevelt Avenue to the intersection thereof with Magnetic Avenue; thence east on the centerline of Magnetic Avenue to the intersection thereof with Saratoga Avenue; thence south along the centerline of Saratoga Avenue to the intersection thereof with Main Street; thence east on the centerline of Main Street to the municipal limits.

3. Third Precinct Ward. All that part of the City lying east and north of the following described lines shall be one precinct or ward and shall be called the Third Precinct Ward of the City:

A. All the part of the City lying east of a line beginning at the intersection of Euclid Avenue and Fountain Street; thence north on the centerline of Euclid Avenue to the intersection thereof with East Bluff Street; thence west on the centerline of East Bluff Street to the intersection thereof with East King Street; thence northeast on the centerline of East King Street to the intersection thereof with North First Street; thence north on the centerline of North First Street to East Ridgeview Drive; thence northeasterly on the centerline of East Ridgeview Drive to the intersection thereof with East Bow Drive; thence west on the centerline of East Bow Drive to the centerline of U.S. Highway No. 59; thence north along the centerline of said U.S. Highway No. 59 to the municipal limits; and

B. That portion of the City lying north of a line beginning at the intersection of Euclid Avenue and Fountain Street; thence east on the centerline of Fountain Street to the intersection thereof with North Roosevelt Avenue; thence north on the centerline of North Roosevelt Avenue to the intersection thereof with Magnetic Avenue; thence east on the centerline of Magnetic Avenue to the intersection thereof with Saratoga Avenue; thence south on the centerline of Saratoga Avenue to the intersection thereof with Main Street; thence east on the centerline of Main Street to the municipal limits.

(Ord. 443 – Dec. 01 Supp.)

CHAPTER 4

MUNICIPAL INFRACTIONS

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

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

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

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

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

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

2. The discharge of airborne residue from grain, created by the handling, drying or storing of grain, by a person not engaged in the industrial production or manufacturing of grain products.

3. The discharge of airborne residue from grain, created by the handling, drying or storing of grain, by a person engaged in such industrial production or manufacturing if such discharge occurs from September 15 to January 15.

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

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

1. Standard Civil Penalties.

A. First Offense - Not to exceed $750.00

B. Each Repeat Offense - Not to exceed $1,000.00

(Ord. 470 – Aug-04 Supp.)

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

2. Special Civil Penalties.

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

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

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

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

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

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

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

1. The name and address of the defendant.

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

3. The location and time of the infraction.

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

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

6. The time and place of court appearance.

7. The penalty for failure to appear in court.

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

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

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

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

° ° ° ° ° ° ° ° ° °

CHAPTER 5

OPERATING PROCEDURES

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

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

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

(Code of Iowa, Sec. 63.1)

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

(Code of Iowa, Sec. 63.10)

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

A. Mayor

B. City Clerk

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

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

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

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

(Code of Iowa, Sec. 64.13)

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

(Code of Iowa, Sec. 64.19)

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

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

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

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

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

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

5.04 BOOKS AND RECORDS. All books and records required to be kept by law or ordinance shall be open to examination by the public upon request, unless some other provisions of law expressly limit such right or require such records to be kept confidential. Access to public records which are combined with data processing software shall be in accordance with policies and procedures established by the City.

(Code of Iowa, Sec. 22.2 & 22.3A)

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

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

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

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

(Code of Iowa, Sec. 21.4)

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

(Code of Iowa, Sec. 21.3)

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

(Code of Iowa, Sec. 21.3)

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

(Code of Iowa, Sec. 21.5)

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

(Code of Iowa, Sec. 21.7)

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

(Code of Iowa, Sec. 21.8)

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

(Code of Iowa, Sec. 362.5)

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

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

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

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

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

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

4. Stock Interests. Contracts in which a City officer or employee has an interest solely by reason of employment, or a stock interest of the kind described in subsection 8 of this section, or both, if the contract is for professional services not customarily awarded by competitive bid, if the remuneration of employment will not be directly affected as a result of the contract, and if the duties of employment do not directly involve the procurement or preparation of any part of the contract.

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

5. Newspaper. The designation of an official newspaper.

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

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

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

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

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

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

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

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

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

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

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

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

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

12. Third Party Transactions. A contract that relates to bonds, notes or other obligations required in transactions with a third party.

(Ord. 472 – Aug-04 Supp.)

(Code of Iowa, Sec. 362.5[13])

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

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

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

(Code of Iowa, Sec. 372.15)

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

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

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

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

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

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

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

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

CHAPTER 7

FISCAL MANAGEMENT

7.01 Purpose	7.06 Budget Amendments
7.02 Finance Officer	7.07 Accounting
7.03 Cash Control	7.08 Financial Reports
7.04 Fund Control	7.09 Bids or Quotations Required
7.05 Operating Budget Preparation

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

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

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

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

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

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

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

4. Change Fund. The finance officer is authorized to draw a warrant/check on the Utility Fund for establishing a change fund for the purpose of making change without commingling other funds to meet the requirements of the office. Said change fund shall be in the custody of the finance officer, who shall maintain the integrity of the fund.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. Proposal Prepared. The finance officer is responsible for preparation of the annual budget detail, for review by the Mayor and Council and adoption by the Council in accordance with directives of the Mayor and Council.

2. Boards and Commissions. All boards, commissions and other administrative agencies of the City that are authorized to prepare and administer budgets must submit their budget proposals to the finance officer for inclusion in the proposed City budget at such time and in such form as required by the Council.

3. Submission to Council. The finance officer shall submit the completed budget proposal to the Council no later than February 15 of each year.

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

5. Notice of Hearing. Upon adopting a proposed budget the Council shall set a date for public hearing thereon to be held before March 15 and cause notice of such hearing and a summary of the proposed budget to be published not less than ten (10) nor more than twenty (20) days before the date established for the hearing. Proof of such publication must be filed with the County Auditor.

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

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

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

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

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

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

(Code of Iowa, Sec. 384.18)

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

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

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

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

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

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

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

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

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

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

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

3. Checks. Checks shall be prenumbered and signed by the Clerk following Council approval, except as provided by subsection 5 hereof.

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

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

6. Utilities. The finance officer shall perform and be responsible for accounting functions of the municipally owned utilities.

7.08 FINANCIAL REPORTS. The finance officer shall prepare and file the following financial reports:

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

2. Annual Report. Not later than December first of each year there shall be published an annual report containing a summary for the preceding fiscal year of all collections and receipts, all accounts due the City, and all expenditures, the current public debt of the City, and the legal debt limit of the City for the current fiscal year. A copy of the annual report must be filed with the Auditor of State not later than December 1 of each year.

(Code of Iowa, Sec. 384.22)

7.09 BIDS OR QUOTATIONS REQUIRED. Price quotations or competitive bids shall be sought in accordance with the following:

1. Construction and Service Contracts. Any contract for construction, maintenance or other services to be performed for the City in the amount of five thousand dollars ($5,000.00) or more shall first be approved by the Council.

2. Competitive Bidding. The purchase of any supplies, materials or equipment, the cost of which will exceed five thousand dollars ($5,000.00) shall be made only after receiving written bids from two (2) or more sources and approval of the Council.

3. Price Quotations Required. Department Supervisors are authorized to purchase necessary supplies, materials or equipment, the cost of which will not exceed twelve hundred dollars ($1,200.00). Expenditures exceeding twelve hundred dollars ($1,200.00) and up to five thousand dollars ($5,000.00) can be made only with approval of the City Administrator.

(Ord. 502 – Nov. 05 Supp.)

CHAPTER 8

INDUSTRIAL PROPERTY TAX EXEMPTIONS

8.01 Purpose	8.05 Reconstruction Approval
8.02 Definitions	8.06 Application for Exemption
8.03 Exemption Granted	8.07 Repeal of Exemption Provisions
8.04 Exemption Ineligibility	8.08 New Construction Tax Exemption Guarantee

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

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

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

2. “Approved reconstruction” means the reconstruction of an existing building or structure which has received the required prior approval of the Council pursuant to Section 8.05.

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

4. “New construction” means new buildings and structures and includes new buildings and structures which are constructed as additions to existing buildings and structures. Unless otherwise stated, “new construction” does include approved reconstruction and qualified new machinery and equipment.

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

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

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

8.03 EXEMPTION GRANTED. A partial exemption from taxation for actual value added to industrial real estate may be granted for new construction, including approved reconstruction, qualified new machinery and equipment, research-service facilities, warehouses and distribution centers, for the five eligible tax years upon proper application by the property owner to the Cherokee County Assessor under the provisions of this chapter and the requirements of the Iowa Department of Revenue. The amount of actual value added which is eligible to be exempt from taxation shall be as follows:

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

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

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

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

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

8.04 EXEMPTION INELIGIBILITY. Industrial property otherwise eligible for a tax exemption under this chapter shall not be granted such exemption if:

1. New Construction. If, in the case of new construction constituting complete replacement of an existing building or structure, the exemption would result in the assessed value of the industrial real estate being reduced below the assessed value of the industrial real estate before the start of the new construction added.

2. Prior Exemption. The property for which the exemption is claimed has received any other property tax exemption authorized by law.

8.05 RECONSTRUCTION APPROVAL. All reconstruction of industrial property shall be approved by ordinance in the manner provided by this section to be eligible for a tax exemption under this chapter. The procedure for receiving such approval shall be as follows:

1. Written Request Filed. The property owner seeking the exemption shall file a written request for an approval ordinance with the Clerk not later than ninety (90) days before an application for exemption must be filed with the Cherokee County Assessor. Said request shall be filed in quintuplicate and shall contain the following information:

A. The business name and address of the property owner seeking the exemption and the name, title, address and phone number of the company officer with whom communications may be made regarding the request.

B. The nature of the property owner’s business including the products manufactured or processed by the business.

C. The location of the reconstruction project and its zoning classification.

D. A detailed description of the reconstruction involved and its estimated cost. If the reconstruction is being performed in connection with a project also involving other new construction and qualified new machinery and equipment, the description and cost of the total project shall be included.

E. The purpose of the reconstruction project including specific evidence and justification that the reconstruction is required and necessary:

(1) Due to economic obsolescence; and

(2) To implement recognized industry standards for the manufacturing and processing of specific products; and

(3) For the owner to continue to competitively manufacture or process those products.

F. The original or certified copy of the written recommendation of the State Economic Development Board that the reconstruction project be approved.

2. Copies for Approval. Upon receiving the written request, the Clerk shall provide the extra copies of the request for approval to the Mayor, City Administrator, Planning and Zoning Commission and the City Attorney and ask the Council to set the matter for public hearing.

3. Public Hearing. The Council shall hold a public hearing on the requested ordinance following notice thereof according to law.

4. Ordinance Adopted. Not less than thirty (30) days after said public hearing, the Council shall enact an ordinance approving the reconstruction as eligible for a tax exemption under this chapter if it determines that the State Economic Development Board has made a recommendation for approval and that the reconstruction is required and necessary:

A. Due to economic obsolescence; and

B. To implement recognized industry standards for the manufacturing and processing of specific products; and

C. For the owner to continue to competitively manufacture or process those products.

5. Ordinance Content and Filing. The ordinance adopted shall incorporate the required finding and the City Clerk shall file a certified copy of it in the office of the Cherokee County Assessor.

6. Ordinance Not Approved. In the event the ordinance is disapproved because the necessary determinations could not be made as required, the property owner may submit a revised reconstruction proposal which shall be submitted in the same manner as the original request.

8.06 APPLICATION FOR EXEMPTION. An application for an exemption from taxation granted under this chapter shall be filed for each project resulting in actual value added for which an exemption is claimed. The application for exemption shall be properly filed by the owner of the property with the Cherokee County Assessor by February 1 of the assessment year in which the value added is first assessed for taxation on forms prescribed by the Iowa Department of Revenue and Finance.

8.07 REPEAL OF EXEMPTION PROVISIONS. The provisions of this chapter may be repealed whenever, in the opinion of the Council, the granting of tax exemptions hereunder ceased to be of benefit to the City. In the event this chapter is repealed, all existing exemptions which have not yet begun but which have received a guarantee of exemption pursuant to Section 8.08 shall take effect and continue throughout their applicable period as provided thereunder.

8.08 NEW CONSTRUCTION TAX EXEMPTION GUARANTEE. A property owner may submit a proposal to the Council involving planned new construction of industrial property, including approved reconstruction, qualified new machinery and equipment, research-service facilities, warehouse, and distribution centers, and request an ordinance guaranteeing the granting of a tax exemption as provided for in Section 8.03. Such a proposal shall be submitted and considered as follows:

1. Proposal Filed. The property owner shall file the proposal in writing with the Clerk not more than three (3) years before the planned new construction is to be completed. Said proposal shall be filed in quintuplicate and shall contain the following information:

B. The nature of the property owner’s business including the products manufactured or processed by the business.

C. The location of the planned new construction and its zoning classification.

D. A detailed description of the planned new construction and its estimated cost.

E. The purpose and goal of the planned new construction, including information concerning proposed employment, community impact and necessity for receiving a prior guarantee of tax exemption, as well as any other relevant data and explanations.

F. The written proposal under this section may be combined with the required written request under Section 8.05 provided all information under both provisions is provided.

2. Copies for Approval. Upon receiving the written proposal, the Clerk shall provide the extra copies for the request for approval to the Mayor, City Administrator, Planning and Zoning Commission and the City Attorney and ask the Council to set the matter for public hearing.

3. Public Hearing. The Council shall hold a public hearing regarding the proposal following notice thereof according to law.

4. Ordinance Adopted. Not less than thirty (30) days after said public hearing the Council may enact an ordinance guaranteeing a tax exemption conditioned upon the new construction being completed as proposed and found to be qualified real estate. The granting of a prior guarantee under this section shall be discretionary.

5. Ordinance Content and Filing. If an ordinance is adopted hereunder, it shall identify the planned new construction and incorporate any conditions required by the Council. The Council shall file a certified copy of the ordinance in the office of the Cherokee County Assessor.

6. Ordinance Not Approved. In the event an ordinance approving the proposal is not adopted, the property owner may submit an amended proposal to the Council for consideration following the same procedure as in the making of the original proposal.

CHAPTER 17

COUNCIL

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

17.01 NUMBER AND TERM OF COUNCIL. The Council consists of two (2) Council Members elected at large and one Council Member from each of three (3) wards as established by the Code of Ordinances, elected for overlapping terms of four (4) years.

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

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

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

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

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

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

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

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

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

5. Contracts. The Council shall make or authorize the making of all contracts. No contract shall bind or be obligatory upon the City unless adopted by resolution of the Council.

(Code of Iowa, Sec. 384.100)

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

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

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

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

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

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

1. Action by Council. Passage of an ordinance, amendment or resolution requires a majority vote of all of the members of the Council. Passage of a motion requires a majority vote of a quorum of the Council. A resolution must be passed to spend public funds in excess of twenty-five thousand dollars ($25,000.00) on any one project, or to accept public improvements and facilities upon their completion. Each Council member’s vote on a measure must be recorded. A measure which fails to receive sufficient votes for passage shall be considered defeated.

(Code of Iowa, Sec. 380.4)

2. Overriding Mayor’s Veto. Within thirty (30) days after the Mayor’s veto, the Council may pass the measure again by a vote of not less than two-thirds of all of the members of the Council.

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

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

A. An ordinance or amendment signed by the Mayor becomes effective when the ordinance or a summary of the ordinance is published, unless a subsequent effective date is provided within the ordinance or amendment.

(Code of Iowa, Sec. 380.6[1a])

B. A resolution signed by the Mayor becomes effective immediately upon signing.

(Code of Iowa, Sec. 380.6[1b])

C. A motion becomes effective immediately upon passage of the motion by the Council.

(Code of Iowa, Sec. 380.6[1c])

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

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

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

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

“All of the members of the Council” refers to all of the seats of the Council including a vacant seat and a seat where the member is absent, but does not include a seat where the Council member declines to vote by reason of a conflict of interest.

(Code of Iowa, Sec. 380.4)

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

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

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

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

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

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

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

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

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

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

1. City Administrator

2. City Clerk-Treasurer

3. City Attorney

4. Deputy City Clerk-Treasurer

5. Planning and Zoning Commission

6. Zoning Board of Adjustment

7. Airport Commission

17.06 COMPENSATION. The salary of each Council member is forty dollars ($40.00) for each meeting of the Council attended, payable semiannually; provided, however, such compensation shall not exceed $2,000.00 in any one calendar year. (Ord. 441 – Dec. 01 Supp.)

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

CHAPTER 18

CITY CLERK

18.01 Appointment and Compensation	18.08 Records
18.02 Powers and Duties: General	18.09 Attendance at Meetings
18.03 Publication of Minutes	18.10 Issue Licenses and Permits
18.04 Recording Measures	18.11 Notify Appointees
18.05 Publication	18.12 Elections
18.06 Authentication	18.13 City Seal
18.07 Certify Measures	18.14 City Administrator’s Authority

18.01 APPOINTMENT AND COMPENSATION. The City Administrator shall nominate a qualified person for appointment by the Council to the position of City Clerk-Treasurer, to serve at the discretion of the Council. Such nomination shall be confirmed and appointment made unless three-fourths (3/4) of the entire Council does not approve of such nomination. The City Clerk-Treasurer shall not be considered an “officer” under the provisions of Section 5.09 of this Code of Ordinances and shall be removed upon recommendation of the City Administrator unless three-fourths (3/4) of the entire Council votes against such removal. The Clerk-Treasurer shall receive such compensation as established by resolution of the Council.

18.02 POWERS AND DUTIES. The City Clerk-Treasurer, or in the Clerk-Treasurer’s absence or inability to act, the Deputy Clerk-Treasurer, has the powers and duties as provided in this chapter, this Code of Ordinances and the law, and in addition has the following powers and duties with regard to City funds:

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

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

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

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

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

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

7. Reconciliation. Reconcile the Clerk-Treasurer’s books and records and certify monthly to the Council the balance of cash and investments of each fund and amounts received and disbursed.

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

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

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

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

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

(Code of Iowa, Sec. 380.7[1 & 2])

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

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

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

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

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

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

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

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

(Code of Iowa, Sec. 380.11)

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

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

(Code of Iowa, Sec. 380.7[5])

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. Certify to the County Commissioner of Elections the type of nomination process to be used by the City no later than ninety (90) days before the date of the regular City election.

(Ord. 456 – Jun. 03 Supp.)

(Code of Iowa, Sec. 376.6)

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

(Code of Iowa, Sec. 376.4)

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

(Code of Iowa, Sec. 376.4)

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

(Code of Iowa, Sec. 376.4)

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

(Code of Iowa, Sec. 376.4)

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

18.14 CITY ADMINISTRATOR’S AUTHORITY. The City Clerk-Treasurer and Deputy are subordinate to and under the direct supervision of the City Administrator in the performance of all duties and responsibilities under law or ordinance or as assigned by the City Administrator.

° ° ° ° ° ° ° ° ° °

CHAPTER 19

CITY MANAGER

19.01 Purpose	19.06 Council’s Retained Powers
19.02 Appointment and Term of Manager	19.07 Mayor’s Retained Powers
19.03 Compensation of Manager	19.08 Political Activity
19.04 Duties of Manager	19.09 Relationship to City Attorney
19.05 Manager’s Bond	19.10 Reside Within City Limits

19.01 PURPOSE. By virtue of the authority conferred by Chapter 372, Code of Iowa, the office of the City Manager for the City of Cherokee, Iowa, is hereby created.

19.02 APPOINTMENT AND TERM OF MANAGER. The Manager is to be appointed by a majority vote of the Council and shall hold office at the pleasure of the Council and shall be subject to removal by majority vote of the Council and in compliance with any Employee Employment Agreement and Section 372.15 of the Iowa Code, as it may from time to time be amended. The Manager shall be a person competent by education or experience to perform the duties imposed upon such person by this chapter.

19.03 COMPENSATION OF MANAGER. The Manager shall receive such annual salary as the Council shall from time to time determine by resolution. Time of payment shall be fixed in accordance with that for other Cherokee municipal employees.

19.04 DUTIES OF MANAGER. The duties of the Manager shall be as follows:

1. To supervise enforcement and execution of the City laws.

2. To attend all meetings of the Council unless excused by the Council.

3. To recommend to the Council such measures as may be necessary or expedient for the good of the government and welfare of the City.

4. To have the general supervision and direction of the administration of the City government.

5. The City Manager shall be directly responsible to the Council for the administration of municipal affairs as directed by that body. All City departmental administration requiring the attention of the Council shall be brought before the Council by the Manager. Council involvement in administration initiated by the Council must be coordinated through the Manager.

6. To supervise and direct the official conduct of all officers, departments and employees of the City, specifically including, but not limited to, the police, fire, street, sanitation, and water treatment departments. To effectuate this responsibility, and subject to the exceptions set out hereinafter, the City Manager shall have the power and authority to employ such assistants and other employees of the City of which the Council has approved the position generally, and to discharge said assistants or employees found incompetent or derelict in their duties.

The City Manager may delegate this power and authority to subordinate officers and department heads to such extent that the Manager deems appropriate. The power to hire and discharge shall not apply to the position of City Clerk, Police Chief, and Fire Chief, but the City Manager shall report to and advise the Council on the performance of the persons filling those positions and make such recommendations with regard to their employment as seems appropriate.

7. To supervise the performance of all contracts for work to be done for the City, supervise all purchases of material and supplies, and see that such material and supplies are received, and are of the quality and character called for by the contract.

8. To supervise the construction, improvement, repair, maintenance and management of all City property, capital improvements and undertakings of the City, including the making and preservation of all surveys, maps, plans, drawings, specifications, and estimates for capital improvements, except property, improvements, and undertakings managed by a utility Board of Trustees.

9. To cooperate with any administrative agency or utility Board of Trustees.

10. To be responsible for supervision of the cleaning, sprinkling, and lighting of streets, alleys and public places and the collection and disposal of waste.

11. The City Manager may investigate the affairs and conduct of any department, agency, officer or employee under the supervision of the Manager.

12. To provide for and cause records to be kept of the issuance and revocation of licenses and permits authorized by City law and to sign the same when authorized by this Code of Ordinances.

13. To keep the Council fully advised of the financial and other conditions of the City and of its future needs.

14. To conduct the business affairs of the City and cause accurate records to be kept by modern and efficient accounting methods.

15. To make the Council periodic, itemized financial reports in writing.

16. To maintain liaison with citizens, businesses, developers, builders, engineers and other governmental agencies.

17. To employ any person for emergency purposes as deemed necessary for the welfare of the City. In no case shall said employment be extended after the first Council meeting following the date of employment unless otherwise approved by a vote of the Council.

18. To perform such other duties as the Council may direct.

19.05 MANAGER’S BOND. The Manager shall be bonded for the faithful performance of all duties, and in favor of the City of Cherokee, in an amount to be determined by the Council by resolution but which amount shall not be less than two hundred fifty thousand dollars ($250,000.00). The City shall pay the costs of this bond.

19.06 COUNCIL’S RETAINED POWERS. Without limitation, the Council specifically retains the following powers in addition to those granted by statute and ordinance:

1. Appoint the City Attorney.

2. Appoint the City Clerk.

3. Appoint the Superintendent of Public Works.

4. Appoint the Fire Chief.

5. Control and direct the activities of the City Manager.

6. Make and establish the policies of the City.

7. Appoint other positions as allowed by ordinance, resolution, and statute.

19.07 MAYOR’S RETAINED POWERS. Without limitations, the Mayor shall retain and enjoy the following powers in addition to those granted by statute and ordinance:

1. Appoint the Police Chief.

2. Function as the chief elected official with responsibility for the general public relations of the City and intergovernmental affairs.

3. Preside at all Council meetings.

4. Cooperate with the City Manager in the furtherance of the policies of the Council.

5. Fulfill all legal obligations and responsibilities provided by ordinance or State law.

19.08 POLITICAL ACTIVITY. The City Manager shall not participate directly or indirectly in the conduct of any campaign for the election or re-election of any person to the position of Councilman or Mayor. This prohibition shall not be deemed to restrict the City Manager’s right to vote or to make available public records, as provided by State law or City ordinance.

19.09 RELATIONSHIP TO CITY ATTORNEY. The City Attorney is not considered a department head for the purpose of this chapter and shall continue to be appointed by, and be directly responsible to, the Council. The City Manager and City Attorney shall communicate and cooperate regarding City matters.

19.10 RESIDE WITHIN CITY LIMITS. The City Manager shall reside within the City limits of Cherokee, Iowa.

(Ch. 19 – Ord. 530 – Jul. 08 Supp.)

CHAPTER 21

LIBRARY BOARD OF TRUSTEES

21.01 Public Library	21.07 Nonresident Use
21.02 Library Trustees	21.08 Expenditures
21.03 Qualifications of Trustees	21.09 Annual Report
21.04 Organization of the Board	21.10 Injury to Books or Property
21.05 Powers and Duties	21.11 Theft
21.06 Contracting with Other Libraries	21.12 Notice Posted

21.01 PUBLIC LIBRARY. The public library for the City is known as the Cherokee Public Library. It is referred to in this chapter as the Library.

21.02 LIBRARY TRUSTEES. The Board of Trustees of the Library, hereinafter referred to as the Board, consists of nine (9) resident members. All members are to be appointed by the Mayor with the approval of the Council.

21.03 QUALIFICATIONS OF TRUSTEES. All but one member of the Board shall be a bona fide citizen and resident of the City. One member of the Board may live outside the City limits. Members shall be over the age of eighteen (18) years.

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

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

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

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

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

1. Officers. To meet and elect from its members a President, a Secretary, and such other officers as it deems necessary. The Clerk-Treasurer shall serve as Board Treasurer, but shall not be a member of the Board.

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

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

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

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

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

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

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

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

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

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

(Code of Iowa, Ch. 661)

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

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

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

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

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

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

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

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

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

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

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

21.08 EXPENDITURES. All money appropriated by the Council for the operation and maintenance of the Library shall be set aside in an account for the Library. Expenditures shall be paid for only on orders of the Board, signed by its President and Secretary. The check-writing officer is the Clerk.

(Code of Iowa, Sec. 384.20 & 392.5)

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

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

(Code of Iowa, Sec. 716.1)

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

(Code of Iowa, Sec. 714.1)

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

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

(Code of Iowa, Sec. 714.5)

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

(Code of Iowa, Sec. 808.12)

° ° ° ° ° ° ° ° ° °

CHAPTER 22

PLANNING AND ZONING COMMISSION

22.01 Planning and Zoning Commission	22.04 Compensation
22.02 Term of Office	22.05 Powers and Duties
22.03 Vacancies

22.01 PLANNING AND ZONING COMMISSION. There shall be appointed by the Council a City Planning and Zoning Commission, hereinafter referred to as the Commission, consisting of seven (7) members, who shall be residents of the City and qualified by knowledge or experience to act in matters pertaining to the development of a City plan and who shall not hold any elective office in the City government.

(Code of Iowa, Sec. 414.6 & 392.1)

22.02 TERM OF OFFICE. The term of office of the members of the Commission shall be three (3) years. The terms of not more than one-third of the members will expire in any one year.

(Code of Iowa, Sec. 392.1)

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

(Code of Iowa, Sec. 392.1)

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

(Code of Iowa, Sec. 392.1)

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

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

(Code of Iowa, Sec. 392.1)

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

(Code of Iowa, Sec. 392.1)

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

(Code of Iowa, Sec. 414.6)

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

(Code of Iowa, Sec. 392.1)

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

(Code of Iowa, Sec. 392.1)

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

(Code of Iowa, Sec. 392.1)

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

(Code of Iowa, Sec. 392.1)

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

(Code of Iowa, Sec. 392.1)

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

(Code of Iowa, Sec. 392.1)

° ° ° ° ° ° ° ° ° °

CHAPTER 24

HISTORIC PRESERVATION COMMISSION

24.01 Purpose and Intent	24.03 Structure of the Commission
24.02 Definitions	24.04 Powers of the Commission

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

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

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

3. Stabilize and improve property values;

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

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

6. Strengthen the economy of the City;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

24.03 STRUCTURE OF COMMISSION.

1. The Commission consists of seven (7) members who are residents of the City. (Ord. 531 – Jul. 08 Supp.)

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

3. The Commission members are appointed for staggered terms of three (3) years, from January 1 following the year of such appointment or until their successor is appointed. Members may serve for more than one term. Each member shall serve until the appointment of a successor.

4. Vacancies occurring in the Commission, other than expiration of term of office, shall be only for the unexpired portion of the term of the member replaced. Vacancies shall be filled by the City according to the original selection as aforesaid.

5. Members shall serve without compensation.

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

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

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

24.04 POWERS OF THE COMMISSION.

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

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

3. The Commission may investigate and recommend to the Council the adoption of ordinances designating historic sites and historic districts if they qualify as defined herein.

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

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

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

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

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

E. Contract with State or Federal government or other organizations;

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

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

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

CHAPTER 30

POLICE DEPARTMENT

30.01 Department Established	30.06 Peace Officers Appointed
30.02 Organization	30.07 Police Chief: Duties
30.03 Peace Officer Qualifications	30.08 Departmental Rules
30.04 Required Training	30.09 Summoning Aid
30.05 Compensation	30.10 Taking Weapons

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

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

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

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

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

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

(IAC, 501-3 and 501-8)

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

30.06 PEACE OFFICERS APPOINTED. The Mayor shall appoint and dismiss the Police Chief subject to the consent of a majority of the Council. The Police Chief shall select the other members of the department.

(Ord. 435 – Dec. 01 Supp.)

(Code of Iowa, Sec. 372.4)

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

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

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

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

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

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

(Code of Iowa, Sec. 321.266)

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

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

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

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

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

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

11. Traffic and Parking. Regulate traffic flow and parking regulations, as necessary, in the event of an emergency, disaster or special event.

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

30.09 SUMMONING AID. Any peace officer making a legal arrest may orally summon as many persons as the officer reasonably finds necessary to aid the officer in making the arrest.

(Code of Iowa, Sec. 804.17)

30.10 TAKING WEAPONS. Any person who makes an arrest may take from the person arrested all items which are capable of causing bodily harm which the arrested person may have within such person’s control to be disposed of according to law.

(Code of Iowa, Sec. 804.18

CHAPTER 35

FIRE DEPARTMENT

35.01 Establishment and Purpose	35.09 Constitution
35.02 Organization	35.10 Accidental Injury Insurance
35.03 Approved by Council	35.11 Liability Insurance
35.04 Training	35.12 Calls Outside City
35.05 Compensation	35.13 Mutual Aid
35.06 Election of Officers	35.14 Authority to Cite Violations
35.07 Fire Chief: Duties	35.15 Department Rules
35.08 Obedience to Fire Chief	35.16 Fees for Calls to Fires and Emergencies

35.01 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.

(Code of Iowa, Sec. 364.16)

35.02 ORGANIZATION. The department consists of the Fire Chief and such other officers and personnel as may be authorized by the Council.

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

35.03 APPROVED BY COUNCIL. No person having otherwise qualified shall be appointed to the department until such appointment is submitted to and approved by a majority of the Council members.

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

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

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

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

35.06 ELECTION OF OFFICERS. The department shall elect a Fire Chief and such other officers as its constitution and bylaws may provide, but the election of Fire Chief shall be subject to the approval of the Council. In case of absence of the Fire Chief, the officer next in rank shall be in charge and have and exercise all the powers of Fire Chief.

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

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

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

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

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

(Code of Iowa, Sec. 102.2)

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

(Code of Iowa, Sec. 102.2)

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

(Code of Iowa, Sec. 102.3)

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

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

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

(Code of Iowa, Sec. 100.2 & 100.3)

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

(Code of Iowa, Sec. 100.12)

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

(Code of Iowa, Sec. 100.13)

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

(Code of Iowa, Sec. 100.4)

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

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

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

35.09 CONSTITUTION. The department shall adopt a constitution and bylaws as they deem calculated to accomplish the object contemplated, and such constitution and bylaws and any change or amendment to such constitution and bylaws before being effective, must be approved by the Council.

35.10 ACCIDENTAL INJURY INSURANCE. The Council shall contract to insure the City against liability for worker’s compensation and against statutory liability for the costs of hospitalization, nursing, and medical attention for volunteer fire fighters injured in the performance of their duties as fire fighters whether within or outside the corporate limits of the City. All volunteer fire fighters shall be covered by the contract.

(Code of Iowa, Sec. 85.2, 85.61 and Sec. 410.18)

35.11 LIABILITY INSURANCE. The Council shall contract to insure against liability of the City or members of the department for injuries, death or property damage arising out of and resulting from the performance of departmental duties within or outside the corporate limits of the City.

(Code of Iowa, Sec. 670.2 & 517A.1)

35.12 CALLS OUTSIDE CITY. The department shall answer calls to fires and other emergencies outside the City limits if the Fire Chief determines that such emergency exists and that such action will not endanger persons and property within the City limits.

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

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

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

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

(Code of Iowa, Sec. 100.41)

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

35.16 FEES FOR CALLS TO FIRES AND EMERGENCIES.

1. The City has established the following costs with regard to fire equipment involved in responding to a fire call or an emergency call. The City shall approve by resolution a list of equipment and a schedule of charges for each item of equipment. The City may bill the appropriate individual or entity, based upon the use of the equipment and the schedule of costs.

2. The City shall also approve by resolution a list of different categories of fires or emergencies. The City shall approve by resolution a schedule of charges for each respective type of fire call or emergency. The appropriate individual or entity can then be billed for the fire call or emergency.

3. The City shall also approve by resolution a list of equipment and a charge should that equipment become damaged in responding to a fire all or an emergency. If the equipment is damaged during a fire call or an emergency, the City may then bill the appropriate individual or entity.

4. All property owners shall have the option of asking the fire department for a fire safety inspection. A fee of $20.00 will be required to cover City costs.

(Ord. 522 – Jun. 07 Supp.)

CHAPTER 36

HAZARDOUS SUBSTANCE SPILLS

36.01 Purpose	36.05 Notifications
36.02 Definitions	36.06 Police Authority
36.03 Cleanup Required	36.07 Liability
36.04 Liability for Cleanup Costs

36.01 PURPOSE. In order to reduce the danger to the public health, safety and welfare from the leaks and spills of hazardous substances, these regulations are promulgated to establish responsibility for the treatment, removal and cleanup of hazardous substance spills within the City limits.

36.02 DEFINITIONS. For purposes of this chapter the following terms are defined:

1. “Cleanup” means actions necessary to contain, collect, control, identify, analyze, clean up, treat, disperse, remove or dispose of a hazardous substance.

(Code of Iowa, Sec. 455B.381[1])

2. “Hazardous condition” means any situation involving the actual, imminent or probable spillage, leakage, or release of a hazardous substance onto the land, into a water of the State or into the atmosphere which creates an immediate or potential danger to the public health or safety or to the environment.

(Code of Iowa, Sec. 455B.381[4])

3. “Hazardous substance” means any substance or mixture of substances that presents a danger to the public health or safety and includes, but is not limited to, a substance that is toxic, corrosive, or flammable, or that is an irritant or that generates pressure through decomposition, heat, or other means. “Hazardous substance” may include any hazardous waste identified or listed by the administrator of the United States Environmental Protection Agency under the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976, or any toxic pollutant listed under section 307 of the Federal Water Pollution Control Act as amended to January 1, 1977, or any hazardous substance designated under Section 311 of the Federal Water Pollution Control Act as amended to January 1, 1977, or any

hazardous material designated by the Secretary of Transportation under the Hazardous Materials Transportation Act.

(Code of Iowa, Sec. 455B.381[5])

4. “Responsible person” means a person who at any time produces, handles, stores, uses, transports, refines, or disposes of a hazardous substance, the release of which creates a hazardous condition, including bailees, carriers, and any other person in control of a hazardous substance when a hazardous condition occurs, whether the person owns the hazardous substance or is operating under a lease, contract, or other agreement with the legal owner of the hazardous substance.

(Code of Iowa, Sec. 455B.381[7])

36.03 CLEANUP REQUIRED. Whenever a hazardous condition is created by the deposit, injection, dumping, spilling, leaking or placing of a hazardous substance, so that the hazardous substance or a constituent of the hazardous substance may enter the environment or be emitted into the air or discharged into any waters, including ground waters, the responsible person shall cause the condition to be remedied by a cleanup, as defined in the preceding section, as rapidly as feasible to an acceptable, safe condition. The costs of cleanup shall be borne by the responsible person. If the responsible person does not cause the cleanup to begin in a reasonable time in relation to the hazard and circumstances of the incident, the City may, by an authorized officer, give reasonable notice, based on the character of the hazardous condition, said notice setting a deadline for accomplishing the cleanup and stating that the City will proceed to procure cleanup services and bill the responsible person for all costs associated with the cleanup if the cleanup is not accomplished within the deadline. In the event that it is determined that immediate cleanup is necessary as a result of the present danger to the public health, safety and welfare, then no notice shall be required and the City may proceed to procure the cleanup and bill the responsible person for all costs associated with the cleanup. If the bill for those services is not paid within thirty (30) days, the City Attorney shall proceed to obtain payment by all legal means. If the cost of the cleanup is beyond the capacity of the City to finance it, the authorized officer shall report to the Council and immediately seek any State or Federal funds available for said cleanup.

36.04 LIABILITY FOR CLEANUP COSTS. The responsible person shall be strictly liable for all of the following:

1. The reasonable cleanup costs incurred by the City as a result of the failure of the responsible person to clean up a hazardous substance involved in a hazardous condition.

2. The reasonable costs incurred by the City to evacuate people from the area threatened by a hazardous condition caused by the person.

3. The reasonable damages to the City for the injury to, destruction of, or loss of City property, including parks and roads, resulting from a hazardous condition caused by that person, including the costs of assessing the injury, destruction or loss.

36.05 NOTIFICATIONS.

1. A person manufacturing, storing, handling, transporting, or disposing of a hazardous substance shall notify the State Department of Natural Resources and the Police Chief or the Fire Chief of the occurrence of a hazardous condition as soon as possible but not later than six (6) hours after the onset of the hazardous condition or discovery of the hazardous condition. The Police Chief or the Fire Chief shall immediately notify the Department of Natural Resources.

2. Any other person who discovers a hazardous condition shall notify the Police Chief or the Fire Chief, who shall then notify the Department of Natural Resources.

36.06 POLICE AUTHORITY. If the circumstances reasonably so require, the law enforcement officer or an authorized representative may:

1. Evacuate persons from their homes to areas away from the site of a hazardous condition, and

2. Establish perimeters or other boundaries at or near the site of a hazardous condition and limit access to cleanup personnel.

No person shall disobey an order of any law enforcement officer issued under this section.

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

CHAPTER 40

PUBLIC PEACE

40.01 Assault	40.04 Unlawful Assembly
40.02 Harassment	40.05 Failure to Disperse
40.03 Disorderly Conduct

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

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

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

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

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

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

(Code of Iowa, Sec. 708.1)

40.02 HARASSMENT. No person shall commit harassment.

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

A. Communicates with another by telephone, telegraph, writing or via electronic communication without legitimate purpose and in a manner likely to cause the other person annoyance or harm. (Ord. 418 – Aug. 00 Supp.)

(Code of Iowa, Sec. 708.7)

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

(Code of Iowa, Sec. 708.7)

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

(Code of Iowa, Sec. 708.7)

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

(Code of Iowa, Sec. 708.7)

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

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

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

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

2. Noise. Make loud and raucous noise in the vicinity of any residence or public building which causes unreasonable distress to the
occupants thereof. For purposes of this subsection “raucous” means harsh, strident, grating, rowdy or disorderly.

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

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

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

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

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

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

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

6. Disrespect of Flag. Knowingly and publicly use the flag of the United States in such a manner as to show disrespect for the flag as a symbol of the United States, with the intent or reasonable expectation that such use will provoke or encourage another to commit trespass or assault. (Ord. 528 – Jul. 08 Supp.)

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

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

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

8. Funeral or Memorial Service. A person shall not do any of the following within 500 feet of the building or other location where a funeral or memorial service is being conducted, or within 500 feet of a funeral procession or burial:

A. Make loud and raucous noise which causes unreasonable distress to the persons attending the funeral or memorial service or participating in the funeral procession.

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

C. Disturb or disrupt the funeral, memorial service, funeral procession or burial by conduct intended to disturb or disrupt the funeral, memorial service, funeral procession or burial.

(1) This subsection applies to conduct within 60 minutes preceding, during and within 60 minutes after a funeral, memorial service, funeral procession or burial.

(2) A person who commits a violation of this section commits:

a. A simple misdemeanor for a first offense.

b. A serious misdemeanor for a second offense.

c. A class “D” felony for a third or subsequent offense.

(Code of Iowa, Sec. 723.5)

(Ord. 518 – Jun. 07 Supp.)

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

(Code of Iowa, Sec. 723.2)

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

(Code of Iowa, Sec. 723.3)

CHAPTER 41

PUBLIC HEALTH AND SAFETY

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

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

(Code of Iowa, Sec. 727.1)

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

(Code of Iowa, Sec. 718.6)

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

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

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

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

(Code of Iowa, Sec. 719.2)

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

(Code of Iowa, Sec. 718.4)

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

(Code of Iowa, Sec. 727.3)

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

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

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

41.08 DISCHARGING WEAPONS.

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

2. No person shall intentionally discharge a firearm in a reckless manner.

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

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

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

41.11 FIREWORKS PERMIT. The City may, upon application in writing, grant a permit for the display of fireworks by a City agency, fair associations, amusement parks and other organizations or groups of individuals approved by City authorities when such fireworks display will be handled by a competent operator. No permit shall be granted hereunder unless the operator or sponsoring organization has filed with the City evidence of insurance in the following amounts:

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

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

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

(Code of Iowa, Sec. 727.2)

41.12 DRUG PARAPHERNALIA.

1. As used in this section “drug paraphernalia” means all equipment, products or materials of any kind used or attempted to be used in combination with a controlled substance, except those items used in combination with the lawful use of a controlled substance, to knowingly or intentionally and primarily do any of the following:

A. Manufacture a controlled substance.

B. Inject, ingest, inhale or otherwise introduce into the human body a controlled substance.

C. Test the strength, effectiveness or purity of a controlled substance.

D. Enhance the effect of a controlled substance.

Drug paraphernalia does not include hypodermic needles or syringes if manufactured, delivered, sold or possessed for a lawful purpose.

2. It is unlawful for any person to knowingly or intentionally manufacture, deliver, sell or possess drug paraphernalia.

(Code of Iowa, Sec. 124.414)

(Ord. 413 – Aug. 00 Supp.)

CHAPTER 42

PUBLIC AND PRIVATE PROPERTY

42.01 Trespassing	42.04 Unauthorized Entry
42.02 Criminal Mischief	42.05 Fraud
42.03 Defacing Proclamations or Notices	42.06 Theft

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

(Code of Iowa Sec. 716.7 and 716.8)

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

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

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

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

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

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

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

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

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

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

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

(Code of Iowa, Sec. 716.1)

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

(Code of Iowa, Sec. 716.1)

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

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

(Code of Iowa, Sec. 714.8)

42.06 THEFT. It is unlawful for any person to commit theft. A person commits theft when the person does any of the following:

(Code of Iowa, Sec. 714.1)

1. Takes possession or control of the property of another, or property in the possession of another, with the intent to deprive the other thereof.

2. Misappropriates property which the person has in trust, or property of another which the person has in the person’s possession or control, whether such possession or control is lawful or unlawful, by using or disposing of it in a manner which is inconsistent with or a denial of the trust or of the owner’s rights in such property, or conceals found property, or appropriates such property to the person’s own use, when the owner of such property is known to the person.

3. Obtains the labor or services of another, or a transfer of possession, control, or ownership of the property of another, or the beneficial use of property of another, by deception.

4. Exercises control over stolen property, knowing such property to have been stolen, or having reasonable cause to believe that such property has been stolen, unless the person’s purpose is to promptly restore it to the owner or to deliver it to an appropriate public officer.

5. Takes, destroys, conceals or disposes of property in which someone else has a security interest, with intent to defraud the secured party.

6. Makes, utters, draws, delivers, or gives any check, share draft, draft, or written order on any bank, credit union, person or corporation, and obtains property or service in exchange therefor, if the person knows that such check, share draft, draft or written order will not be paid when presented.

7. Obtains gas, electricity or water from a public utility or obtains cable television or telephone service from an unauthorized connection to the supply or service line or by intentionally altering, adjusting, removing or tampering with the metering or service device so as to cause inaccurate readings.

8. Any act that is declared to be theft by any provision of the Code of Iowa.

CHAPTER 45

ALCOHOL CONSUMPTION AND INTOXICATION

45.01 Persons Under Legal Age—Penalty	45.03 Open Containers in Motor Vehicles
45.02 Public Consumption or Intoxication

45.01 PERSONS UNDER LEGAL AGE—PENALTY.

1. A person shall not sell, give, or otherwise supply alcoholic liquor, wine, or beer to any person knowing or having reasonable cause to believe that person to be under legal age.

2. A person or persons under legal age shall not purchase or attempt to purchase or individually or jointly have alcoholic liquor, wine, or beer in their possession or control; except in the case of liquor, wine, or beer given or dispensed to a person under legal age within a private home and with the knowledge, presence, and consent of the parent or guardian, for beverage or medicinal purposes or as administered to the person by either a physician or dentist for medicinal purposes and except to the extent that a person under legal age may handle alcoholic beverages, wine, and beer during the regular course of the person’s employment by a liquor control licensee, or wine or beer permittee under this chapter.

3. A person who is under legal age, other than a licensee or permittee, who violates this section regarding the purchase of or attempt to purchase alcoholic liquor, wine, or beer, or possessing or having control of alcoholic liquor, wine, or beer, commits the following:

A. A simple misdemeanor punishable as a scheduled violation under section 805.8C, subsection 7 of the Iowa Code.

B. A second offense shall be a simple misdemeanor punishable by a fine of five hundred dollars. In addition to any other applicable penalty, the person in violation of this section shall choose between either completing a substance abuse evaluation or the suspension of the person’s motor vehicle operating privileges for a period not to exceed one year.

C. A third or subsequent offense shall be a simple misdemeanor punishable by a fine of five hundred dollars and the suspension of the person's motor vehicle operating privileges for a period not to exceed one year.

The court may, in its discretion, order the person who is under legal age to perform community service work under section 909.3A of the Iowa Code, of an equivalent value to the fine imposed under this section. If the person who commits a violation of this section is under the age of eighteen, the matter shall be disposed of in the manner provided in Chapter 232 of the Iowa Code.

(Ord. 541 – Jul. 09 Supp.)

45.02 PUBLIC CONSUMPTION OR INTOXICATION.

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

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

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

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

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

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

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

(Code of Iowa, Sec. 123.46)

45.03 OPEN CONTAINERS IN MOTOR VEHICLES. (See Section 62.08 of this Code of Ordinances.)

CHAPTER 50

NUISANCE ABATEMENT PROCEDURE

50.01 Definition of Nuisance	50.08 Request for Hearing
50.02 Nuisances Enumerated	50.09 Abatement in Emergency
50.03 Other Conditions	50.10 Abatement by City
50.04 Nuisances Prohibited	50.11 Collection of Costs
50.05 Nuisance Abatement	50.12 Installment Payment of Cost of Abatement
50.06 Notice to Abate: Contents	50.13 Failure to Abate
50.07 Method of Service

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

(Code of Iowa, Sec. 657.1)

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

(Code of Iowa, Sec. 657.2)

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

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

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

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

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

6. Billboards. Billboards, signboards and advertising signs, whether erected and constructed on public or private property, which so obstruct and impair the view of any portion or part of a public street, avenue, highway, boulevard or alley or of a railroad or street railway track as to render dangerous the use thereof. (See also Section 62.09)

7. Storing of Flammable Junk. Depositing or storing of flammable junk, such as old rags, rope, cordage, rubber, bones and paper, by dealers in such articles within the fire limits of the City, unless in a building of fireproof construction. (See also Chapter 51)

8. Air Pollution. Emission of dense smoke, noxious fumes or fly ash.

9. Weeds, Brush. Dense growth of all weeds, vines, brush or other vegetation in the City so as to constitute a health, safety or fire hazard. Unless a variance is allowed by resolution of the Council, grass, weeds, brush or other plants, except trees, shall be cut, mowed and maintained so as to not exceed the following height specifications:

A. Developed Residential Areas: not to exceed six inches (6").

B. Undeveloped Residential Areas: not to exceed eight inches (8").

C. Business and Industrial Areas: not to exceed six inches (6").

D. Agricultural Areas: not to exceed twelve inches (12").

(Ord. 452 – Jun. 03 Supp.)

10. Dutch Elm Disease. Trees infected with Dutch Elm Disease. (See also Chapter 151)

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

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

50.03 OTHER CONDITIONS. The following chapters of this Code of Ordinances contain regulations prohibiting or restricting other conditions which are deemed to be nuisances:

1. Junk and Junk Vehicles (See Chapter 51)

2. Dangerous Buildings (See Chapter 145)

3. Storage and Disposal of Solid Waste (See Chapter 105)

4. Trees (See Chapter 151)

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

(Code of Iowa, Sec. 657.3)

50.05 NUISANCE ABATEMENT. The following procedure shall be used with regard to issuance of a written notice to abate a nuisance within the City of Cherokee, Iowa.

1. A citizen complainant is to notify an alleged offender of the complainant’s belief that a nuisance exists. The citizen complainant is to document to whom the notice is provided, the nature of the alleged nuisance, and the date and time that the alleged offender was notified. If the alleged offender does not abate the alleged nuisance, then the citizen complainant shall notify the City by filing a written complaint with the City.

2. If the Mayor, City Administrator, Chief of Police or other authorized municipal officer believes there is probable cause to support the accusation that a nuisance exists, then the City shall give a 20-day notice to abate to the alleged offender, describing with particularity the nature of the alleged nuisance and the steps necessary to abate the nuisance. The City shall document the nature of the alleged nuisance, the alleged offender and the date and time that the 20-day notice was provided to the alleged offender.

3. If the nuisance is not abated within the 20-day time period allowed, the Mayor or other authorized municipal officer shall cause to be served upon the property owner a written notice to abate the nuisance within a reasonable time after notice, pursuant to Section 50.06.

4. In the case of an emergency or necessity, the Mayor, City Administrator, Chief of Police or other authorized municipal officer may forego the above procedure and cause to be served upon the property owner a written notice to abate a nuisance within a reasonable time after notice.

(Ord. 465 – Aug-04 Supp.)

50.06 NOTICE TO ABATE: CONTENTS. The notice to abate shall contain:

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

1. Description of Nuisance. A description of what constitutes the nuisance.

2. Location of Nuisance. The location of the nuisance.

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

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

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

50.07 METHOD OF SERVICE. The notice may be in the form of an ordinance or sent by certified mail to the property owner.

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

50.08 REQUEST FOR HEARING. Any person ordered to abate a nuisance may have a hearing with the Council as to whether a nuisance exists. A request for a hearing must be made in writing and delivered to the Clerk within the time stated in the notice, or it will be conclusively presumed that a nuisance exists and it must be abated as ordered. The hearing will be before the Council at a time and place fixed by the Council. The findings of the Council shall be conclusive and, if a nuisance is found to exist, it shall be ordered abated within a reasonable time under the circumstances.

50.09 ABATEMENT IN EMERGENCY. If it is determined that an emergency exists by reason of the continuing maintenance of the nuisance or condition, the City may perform any action which may be required under this chapter without prior notice. The City shall assess the costs as provided in Section 50.11 after notice to the property owner under the applicable provisions of Sections 50.05, 50.06 and 50.07 and hearing as provided in Section 50.08.

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

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

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

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

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

50.12 INSTALLMENT PAYMENT OF COST OF ABATEMENT. If the amount expended to abate the nuisance or condition exceeds one hundred dollars ($100.00), the City 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.

(Code of Iowa, Sec. 364.13)

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

EDITOR’S NOTE

A suggested form of notice for the abatement of nuisances is included in the appendix of this Code of Ordinances.

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

° ° ° ° ° ° ° ° ° °

CHAPTER 55

ANIMAL PROTECTION AND CONTROL

55.01 Definitions	55.09 Limitation on Number of Domestic Animals
55.02 Animal Neglect	55.10 Vicious Dogs
55.03 Livestock Neglect	55.11 Rabies Vaccination
55.04 Abandonment of Cats and Dogs	55.12 Owner’s Duty
55.05 Livestock	55.13 Confinement
55.06 At Large Prohibited	55.14 At Large: Impoundment
55.07 Damage or Interference	55.15 Disposition of Animals
55.08 Annoyance or Disturbance	55.16 Impounding Costs
	55.17 Kenneling Required

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

1. “Animal” means a nonhuman vertebrate.

(Code of Iowa, Sec. 717B.1)

2. “At large” means off the premises of the owner and not under the control of a competent person, restrained within a motor vehicle, or housed in a veterinary hospital or kennel.

3. “Livestock” means an animal belonging to the bovine, caprine, equine, ovine or porcine species; farm deer, as defined in Section 481A.1 of the Code of Iowa; ostriches, rheas, emus or poultry.

(Code of Iowa, Sec. 717.1)

4. “Owner” means any person owning, keeping, sheltering or harboring an animal.

55.02 ANIMAL NEGLECT. It is unlawful for a person who impounds or confines, in any place, an animal, excluding livestock, to fail to supply the animal during confinement with a sufficient quantity of food or water, or to fail to provide a confined dog or cat with adequate shelter, or to torture, deprive of necessary sustenance, mutilate, beat, or kill such animal by any means which causes unjustified pain, distress or suffering.

(Code of Iowa, Sec. 717B.3)

55.03 LIVESTOCK NEGLECT. It is unlawful for a person who impounds or confines livestock in any place to fail to provide the livestock with care consistent with customary animal husbandry practices or to deprive the livestock of necessary sustenance or to injure or destroy livestock by any means which causes pain or suffering in a manner inconsistent with customary animal husbandry practices.

(Code of Iowa, Sec. 717.2)

55.04 ABANDONMENT OF CATS AND DOGS. A person who has ownership or custody of a cat or dog shall not abandon the cat or dog, except the person may deliver the cat or dog to another person who will accept ownership and custody or the person may deliver the cat or dog to an animal shelter or pound.

(Code of Iowa, Sec. 717B.8)

55.05 LIVESTOCK. It is unlawful for a person to keep livestock within the City except by written consent of the Council or except in compliance with the City’s zoning regulations.

55.06 AT LARGE PROHIBITED. It is unlawful for any owner to allow an animal to run at large within the corporate limits of the City.

55.07 DAMAGE OR INTERFERENCE. It is unlawful for the owner of an animal to allow or permit such animal to pass upon the premises of another thereby causing damage to, or interference with, the premises.

55.08 ANNOYANCE OR DISTURBANCE. It is unlawful for the owner of a dog to allow or permit such dog to cause serious annoyance or disturbance to any person or persons by frequent and habitual howling, yelping, barking, or otherwise; or, by running after or chasing persons, bicycles, automobiles or other vehicles.

55.09 LIMITATION ON NUMBER OF DOMESTIC ANIMALS. No household within the corporate limits of the City shall maintain more than three (3) separate or combination of three domestic animals together with litters therefrom up to the age of six (6) months. This section does not apply to kennels or veterinary clinics in agricultural, commercial or industrial zoning districts. (Ord. 482 – Aug-04 Supp.)

55.10 VICIOUS DOGS. It is unlawful for any person to harbor or keep a vicious dog within the City. A dog is deemed to be vicious when it has attacked or bitten any person without provocation, or when propensity to attack or bite persons exists and is known or ought reasonably to be known to the owner. Any dog adjudged vicious or found vicious by the Court must be removed from the corporate limits of the City within five (5) days of said finding. If the dog is not removed from the corporate limits of the City within five (5) days of said finding, then the City shall have the authority to remove the dog from the corporate limits of the City or have the dog humanely destroyed. (Ord. 428 ‑ Dec. 01 Supp.)

55.11 RABIES VACCINATION. Every owner of a dog shall obtain a rabies vaccination for such animal. It is unlawful for any person to own or have a dog in said person’s possession, six months of age or over, which has not been vaccinated against rabies. Dogs kept in kennels and not allowed to run at large are not subject to these vaccination requirements.

(Code of Iowa, Sec. 351.33)

55.12 OWNER’S DUTY. It is the duty of the owner of any dog, cat or other animal which has bitten or attacked a person or any person having knowledge of such bite or attack to report this act to a local health or law enforcement official. It is the duty of physicians and veterinarians to report to the local board of health the existence of any animal known or suspected to be suffering from rabies.

(Code of Iowa, Sec. 351.38)

55.13 CONFINEMENT. If a local board of health receives information that an animal has bitten a person or that a dog or animal is suspected of having rabies, the board shall order the owner to confine such animal in the manner it directs. If the owner fails to confine such animal in the manner directed, the animal shall be apprehended and impounded by such board, and after ten (10) days the board may humanely destroy the animal. If such animal is returned to its owner, the owner shall pay the cost of impoundment. This section does not apply if a police service dog or a horse used by a law enforcement agency and acting in the performance of its duties has bitten a person.

(Ord. 437 – Dec. 01 Supp.)

(Code of Iowa, Sec. 351.39)

55.14 AT LARGE: IMPOUNDMENT. Animals found at large in violation of this chapter shall be seized and impounded, or at the discretion of the peace officer, the owner may be served a summons to appear before a proper court to answer charges made thereunder.

55.15 DISPOSITION OF ANIMALS. When an animal has been apprehended and impounded, written notice shall be given in not less than two (2) days to the owner, if known. Impounded animals may be recovered by the owner upon payment of an impounding fee, as set forth below, plus costs of food and care in a reasonable amount, and if an unvaccinated dog, by having it immediately vaccinated. If the owner does not redeem the animal within five (5) days of the date of notice, or if the owner cannot be located within five (5) days, the animal may be humanely destroyed or otherwise disposed of in accordance with law. (Ord. 433 – Dec. 01 Supp.)

(Code of Iowa, Sec. 351.37, 351.41)

55.16 IMPOUNDING COSTS. The following fee schedule is based upon the number of times an animal has been impounded for violations of this Code of Ordinances within a twelve-month period:

Fee Schedule

First Offense................................................................................ $ 25.00

Second Offense........................................................................... $ 50.00

Third and Following Offenses....................................................... $ 100.00

55.17 KENNELING REQUIRED. Kenneling is required within the corporate limits of the City with regard to the following animals when they are not under the direct control and supervision of the owner.

1. Pit bull terriers, including the following:

A. The Bull Terrier breed of dog;

B. The Staffordshire Bull Terrier breed;

C. The American Pit Bull Terrier breed;

D. The American Staffordshire Terrier breed;

E. Dogs of mixed breed or of other breeds than above listed which breed or mixed breed is known as pit bulls, pit bull dogs or pit bull terriers; or

F. 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, any other breed commonly known as pit bulls, pit bull dogs or pit bull terriers, or a combination of any of these breeds.

2. Dogs of the breed or “mixed breeds” of Akita, Rottweiller, Doberman, or Chow.

A “kennel” shall be defined as an enclosed structure with walls at least five feet high, fastened to a concrete base at least 3½" thick, and having a secure top.

(Ord. 429 – Dec. 01 Supp.)

CHAPTER 60

ADMINISTRATION OF TRAFFIC CODE

60.01 Title	60.05 Traffic Accidents: Reports
60.02 Definitions	60.06 Peace Officer’s Authority
60.03 Administration and Enforcement	60.07 Obedience to Peace Officers
60.04 Power to Direct Traffic	60.08 Parades Regulated

60.01 TITLE. Chapters 60 through 70 of this Code of Ordinances may be known and cited as the “Cherokee Traffic Code.”

60.02 DEFINITIONS. Where words and phrases used in the Traffic Code are defined by State law, such definitions apply to their use in said Traffic Code and are adopted by reference. Those definitions so adopted that need further definition or are reiterated, and other words and phrases used herein, have the following meanings:

(Code of Iowa, Sec. 321.1)

1. “Business District” means the territory contiguous to and including the following designated streets:

A. Main Street from First Street to Sixth Street;

B. Willow Street from First Street to Fifth Street;

C. Maple Street from Second Street to Fourth Street;

D. Second Street from Beech Street to Cherry Street;

E. Fourth Street from Elm Street to Cedar Street;

F. Fifth Street from Beech Street to Willow Street.

2. “Park” or “parking” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

3. “Peace officer” means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

4. “Residence district” means the territory contiguous to and including a highway not comprising a business, suburban or school district, where forty percent (40%) or more of the frontage on such a highway for a distance of three hundred (300) feet or more is occupied by dwellings or by dwellings and buildings in use for business.

5. “School district” means the territory contiguous to and including a highway for a distance of two hundred (200) feet in either direction from a school house.

6. “Stand” or “standing” means the halting of a vehicle, whether occupied or not, otherwise than for the purpose of and while actually engaged in receiving or discharging passengers.

7. “Stop” means when required, the complete cessation of movement.

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

9. “Suburban district” means all other parts of the City not included in the business, school or residence districts.

10. “Traffic control device” means all signs, signals, markings, and devices not inconsistent with this chapter, lawfully placed or erected for the purpose of regulating, warning, or guiding traffic.

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

60.03 ADMINISTRATION AND ENFORCEMENT. Provisions of this Traffic Code and State law relating to motor vehicles and law of the road are enforced by the Police Chief.

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

60.04 POWER TO DIRECT TRAFFIC. A peace officer, and, in the absence of a peace officer, any officer of the fire department when at the scene of a fire, is authorized to direct all traffic by voice, hand or signal in conformance with traffic laws. In the event of an emergency, traffic may be directed as conditions require, notwithstanding the provisions of the traffic laws.

(Code of Iowa, Sec. 102.4 & 321.236[2])

60.05 TRAFFIC ACCIDENTS: REPORTS. The driver of a vehicle involved in an accident within the limits of the City shall file a report as and when required by the Iowa Department of Transportation. A copy of this report shall be filed with the City for the confidential use of peace officers and shall be subject to the provisions of Section 321.271 of the Code of Iowa.

(Code of Iowa, Sec. 321.273 & 321.274)

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

(Code of Iowa, Sec. 321.492)

60.07 OBEDIENCE TO PEACE OFFICERS. No person shall willfully fail or refuse to comply with any lawful order or direction of any peace officer invested by law with authority to direct, control, or regulate traffic.

(Code of Iowa, Sec. 321.229)

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

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

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

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

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

5. Throwing Items From Vehicles. No person shall throw or permit to be thrown any candy, balloons, promotional items or other products from a moving vehicle proceeding along a parade route as a part of a parade, whether or not the parade is authorized by permit, or when proceeding to or from such parade route. As used herein, “moving vehicles” means any vehicle, wagon or other piece of equipment which moves along the parade route as a part of the parade, whether or not the vehicle, wagon or equipment is moving at the time the candy, balloon, promotional material or other product is thrown. Nothing contained herein shall be construed to make illegal the dispensing of such items by persons walking next to the curb along the parade route.

CHAPTER 62

GENERAL TRAFFIC REGULATIONS

62.01 Violation of Regulations	62.08 Open Containers in Motor Vehicles
62.02 Play Streets Designated	62.09 Obstructing View at Intersections
62.03 Vehicles on Sidewalks	62.10 Reckless Driving
62.04 Clinging to Vehicle	62.11 Careless Driving
62.05 Quiet Zones	62.12 Golf Cart Operation on City Streets
62.06 Funeral Processions	62.13 Truck Route
62.07 Tampering with Vehicle

62.01 VIOLATION OF REGULATIONS. Any person who willfully fails or refuses to comply with any lawful order of a peace officer or direction of a fire department officer during a fire, or who fails to abide by the applicable provisions of the following Iowa statutory laws relating to motor vehicles and the statutory law of the road is in violation of this section. These sections of the Code of Iowa are adopted by reference and are as follows:

1. Section 321.20B — Proof of security against liability.

2. Section 321.32 — Registration card, carried and exhibited.

3. Section 321.37 — Display of plates.

4. Section 321.38 — Plates, method of attaching, imitations prohibited.

5. Section 321.79 — Intent to injure.

6. Section 321.91 — Penalty for abandonment.

7. Section 321.98 — Operation without registration.

8. Section 321.99 — Fraudulent use of registration.

9. Section 321.174 — Operators licensed.

10. Section 321.174A — Operation of motor vehicles with expired license.

11. Section 321.180 — Instruction permits.

12. Section 321.180B — Graduated driver’s licenses for persons aged fourteen through seventeen.

13. Section 321.193 — Restricted licenses.

14. Section 321.194 — Special minor’s licenses.

15. Section 321.216 — Unlawful use of license and nonoperator’s identification card.

16. Section 321.216B — Use of driver’s license or nonoperator’s identification card by underage person to obtain alcohol.

17. Section 321.216C — Use of driver’s license or nonoperator’s identification card by underage person to obtain cigarettes or tobacco products.

18. Section 321.219 — Permitting unauthorized minor to drive.

19. Section 321.220 — Permitting unauthorized person to drive.

20. Section 321.221 — Employing unlicensed chauffeur.

21. Section 321.222 — Renting motor vehicle to another.

22. Section 321.223 — License inspected.

23. Section 321.224 — Record kept.

24. Section 321.232 — Radar jamming devices; penalty.

25. Section 321.234A — All-terrain vehicles.

26. Section 321.247 — Golf cart operation on City streets.

27. Section 321.259 — Unauthorized signs, signals or markings.

28. Section 321.262 — Damage to vehicle.

29. Section 321.263 — Information and aid.

30. Section 321.264 — Striking unattended vehicle.

31. Section 321.265 — Striking fixtures upon a highway.

32. Section 321.275 — Operation of motorcycles and motorized bicycles.

33. Section 321.278 — Drag racing prohibited.

34. Section 321.288 — Control of vehicle; reduced speed.

35. Section 321.295 — Limitation on bridge or elevated structures.

36. Section 321.297 — Driving on right-hand side of roadways; exceptions.

37. Section 321.298 — Meeting and turning to right.

38. Section 321.299 — Overtaking a vehicle.

39. Section 321.302 — Overtaking on the right.

40. Section 321.303 — Limitations on overtaking on the left.

41. Section 321.304 — Prohibited passing.

42. Section 321.307 — Following too closely.

43. Section 321.308 — Motor trucks and towed vehicles; distance requirements.

44. Section 321.309 — Towing; convoys; drawbars.

45. Section 321.310 — Towing four-wheel trailers.

46. Section 321.312 — Turning on curve or crest of grade.

47. Section 321.313 — Starting parked vehicle.

48. Section 321.314 — When signal required.

49. Section 321.315 — Signal continuous.

50. Section 321.316 — Stopping.

51. Section 321.317 — Signals by hand and arm or signal device.

52. Section 321.319 — Entering intersections from different highways.

53. Section 321.320 — Left turns; yielding.

54. Section 321.321 — Entering through highways.

55. Section 321.322 — Vehicles entering stop or yield intersection.

56. Section 321.323 — Moving vehicle backward on highway.

57. Section 321.324 — Operation on approach of emergency vehicles.

58. Section 321.329 — Duty of driver — pedestrians crossing or working on highways.

59. Section 321.330 — Use of crosswalks.

60. Section 321.332 — White canes restricted to blind persons.

61. Section 321.333 — Duty of drivers.

62. Section 321.340 — Driving through safety zone.

63. Section 321.341 — Obedience to signal of train.

64. Section 321.342 — Stop at certain railroad crossings; posting warning.

65. Section 321.343 — Certain vehicles must stop.

66. Section 321.344 — Heavy equipment at crossing.

67. Section 321.344B — Immediate safety threat – penalty.

68. Section 321.354 — Stopping on traveled way.

69. Section 321.359 — Moving other vehicle.

70. Section 321.362 — Unattended motor vehicle.

71. Section 321.363 — Obstruction to driver’s view.

72. Section 321.364 — Preventing contamination of food by hazardous material.

73. Section 321.365 — Coasting prohibited.

74. Section 321.367 — Following fire apparatus.

75. Section 321.368 — Crossing fire hose.

76. Section 321.369 — Putting debris on highway.

77. Section 321.370 — Removing injurious material.

78. Section 321.371 — Clearing up wrecks.

79. Section 321.372 — School buses.

80. Section 321.381 — Movement of unsafe or improperly equipped vehicles.

81. Section 321.381A — Operation of low-speed vehicles.

82. Section 321.382 — Upgrade pulls; minimum speed.

83. Section 321.383 — Exceptions; slow vehicles identified.

84. Section 321.384 — When lighted lamps required.

85. Section 321.385 — Head lamps on motor vehicles.

86. Section 321.386 — Head lamps on motorcycles and motorized bicycles.

87. Section 321.387 — Rear lamps.

88. Section 321.388 — Illuminating plates.

89. Section 321.389 — Reflector requirement.

90. Section 321.390 — Reflector requirements.

91. Section 321.392 — Clearance and identification lights.

92. Section 321.393 — Color and mounting.

93. Section 321.394 — Lamp or flag on projecting load.

94. Section 321.395 — Lamps on parked vehicles.

95. Section 321.398 — Lamps on other vehicles and equipment.

96. Section 321.402 — Spot lamps.

97. Section 321.403 — Auxiliary driving lamps.

98. Section 321.404 — Signal lamps and signal devices.

99. Section 321.404A — Light-restricting devices prohibited.

100. Section 321.405 — Self-illumination.

101. Section 321.406 — Cowl lamps.

102. Section 321.408 — Back-up lamps.

103. Section 321.409 — Mandatory lighting equipment.

104. Section 321.415 — Required usage of lighting devices.

105. Section 321.417 — Single-beam road-lighting equipment.

106. Section 321.418 — Alternate road-lighting equipment.

107. Section 321.419 — Number of driving lamps required or permitted.

108. Section 321.420 — Number of lamps lighted.

109. Section 321.421 — Special restrictions on lamps.

110. Section 321.422 — Red light in front.

111. Section 321.423 — Flashing lights.

112. Section 321.430 — Brake, hitch and control requirements.

113. Section 321.431 — Performance ability.

114. Section 321.432 — Horns and warning devices.

115. Section 321.433 — Sirens, whistles, and bells prohibited.

116. Section 321.434 — Bicycle sirens or whistles.

117. Section 321.436 — Mufflers, prevention of noise.

118. Section 321.437 — Mirrors.

119. Section 321.438 — Windshields and windows.

120. Section 321.439 — Windshield wipers.

121. Section 321.440 — Restrictions as to tire equipment.

122. Section 321.441 — Metal tires prohibited.

123. Section 321.442 — Projections on wheels.

124. Section 321.444 — Safety glass.

125. Section 321.445 — Safety belts and safety harnesses — use required.

126. Section 321.446 — Child restraint devices.

127. Section 321.449 — Motor carrier safety regulations.

128. Section 321.450 — Hazardous materials transportation.

129. Section 321.454 — Width of vehicles.

130. Section 321.455 — Projecting loads on passenger vehicles.

131. Section 321.456 — Height of vehicles; permits.

132. Section 321.457 — Maximum length.

133. Section 321.458 — Loading beyond front.

134. Section 321.460 — Spilling loads on highways.

135. Section 321.461 — Trailers and towed vehicles.

136. Section 321.462 — Drawbars and safety chains.

137. Section 321.463 — Maximum gross weight.

138. Section 321.465 — Weighing vehicles and removal of excess.

139. Section 321.466 — Increased loading capacity – reregistration.

140. Section 321.306 — Roadways laned for traffic.

141. Section 321.311 — Turning at intersections.

142. Section 321.17 — Operating a non-registered vehicle.

143. Section 321.25 — Violation of “Registration applied For” card.

144. Section 321.34 — Registration violation.

145. Section 321.41 — Fail to give notice of address/name change for registration.

146. Section 321.45 — Title must be transferred with vehicle.

147. Section 321.46 — New title and registration upon transfer of ownership.

148. Section 321.104 — Penal offenses again title law.

149. Section 321.208A — Violation of out-of-service order.

150. Section 321.218 — Driving suspended or disqualified.

151. Section 321.229 — Fail to comply with order by police officer.

152. Section 321.78 — Injuring or tampering with vehicle.

153. Section 321.323A — Unsafe approach to certain stationary vehicles.

154. Section 321.353 — Stop before crossing sidewalk—right-of-way.

(Ord. 539 – Jul. 09 Supp.)

62.02 PLAY STREETS DESIGNATED. The Mayor shall have authority to declare any street or part thereof a play street and cause to be placed appropriate signs or devices in the roadway indicating and helping to protect the same. Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon 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.

(Code of Iowa, Sec. 321.255)

62.03 VEHICLES ON SIDEWALKS. The driver of a vehicle shall not drive upon or within any sidewalk area except at a driveway.

62.04 CLINGING TO VEHICLE. No person shall drive a motor vehicle on the streets of the City unless all passengers of said vehicle are inside the vehicle in the place intended for their accommodation. No person riding upon any bicycle, coaster, roller skates, in-line skates, sled or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.

62.05 QUIET ZONES. Whenever authorized signs are erected indicating a quiet zone, no person operating a motor vehicle within any such zone shall sound the horn or other warning device of such vehicle except in an emergency.

62.06 FUNERAL PROCESSIONS. Upon the immediate approach of a funeral procession, the driver of every other vehicle, except an authorized emergency vehicle, shall yield the right-of-way. An operator of a motor vehicle which is part of a funeral procession shall not be charged with violating traffic rules and regulations relating to traffic signals and devices while participating in the procession unless the operation is reckless.

(Code of Iowa, Sec. 321.324A)

62.07 TAMPERING WITH VEHICLE. It is unlawful for any person, either individually or in association with one or more other persons, to willfully injure or tamper with any vehicle or break or remove any part or parts of or from a vehicle without the consent of the owner.

62.08 OPEN CONTAINERS IN MOTOR VEHICLES.

1. Drivers. A driver of a motor vehicle upon a public street or highway shall not possess in the passenger area of the motor vehicle an open or unsealed bottle, can, jar, or other receptacle containing an alcoholic beverage.

(Code of Iowa, Sec. 321.284)

2. Passengers. A passenger in a motor vehicle upon a public street or highway shall not possess in the passenger area of the motor vehicle an open or unsealed bottle, can, jar or other receptacle containing an alcoholic beverage.

(Code of Iowa, Sec. 321.284A)

As used in this section “passenger area” means the area of a motor vehicle designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including the glove compartment. An open or unsealed receptacle containing an alcoholic beverage may be transported in the trunk of the motor vehicle. An unsealed receptacle containing an alcoholic beverage may be transported behind the last upright seat of the motor vehicle if the motor vehicle does not have a trunk.

62.09 OBSTRUCTING VIEW AT INTERSECTIONS. It is unlawful to allow any tree, hedge, billboard or other object to obstruct the view of an intersection by preventing persons from having a clear view of traffic approaching the intersection from cross streets. Any such obstruction is deemed a nuisance and in addition to the standard penalty may be abated in the manner provided by Chapter 50 of this Code of Ordinances.

62.10 RECKLESS DRIVING. No person shall drive any vehicle in such manner as to indicate a willful or a wanton disregard for the safety of persons or property.

(Code of Iowa, Sec. 321.277)

62.11 CARELESS DRIVING. No person shall intentionally operate a motor vehicle on a street or highway in any one of the following ways:

(Code of Iowa, Sec. 321.277A)

1. Creating or causing unnecessary tire squealing, skidding or sliding upon acceleration or stopping.

2. Simulating a temporary race.

3. Causing any wheel or wheels to unnecessarily lose contact with the ground.

4. Causing the vehicle to unnecessarily turn abruptly or sway.

62.12 GOLF CART OPERATION ON CITY STREETS. Golf carts may be operated upon the City streets by persons possessing valid motor vehicle operator’s licenses. However, a golf cart shall not be operated upon a City street which is a primary road extension through the City but shall be allowed to cross the same. All golf carts being operated upon City streets shall be equipped with a slow moving vehicle sign and a bicycle safety flag and shall operate on said streets only from sunrise to sunset. Golf carts operated on City streets shall be equipped with adequate brakes and shall meet all other safety requirements imposed thereon by the Code of Iowa.

62.13 TRUCK ROUTE. A truck route is hereby established for vehicles with a GVWR (Gross Vehicle Weight Rating) of 26,001 pounds and above traveling through the City limits. All vehicles with a GVWR of 26,001 pounds and above traveling through the City limits must follow the following designated truck routes:

1. Truck traffic going east on Highway 3:

A. If continuing east shall use the Highway 3 by-pass and proceed east.

B. If traveling south shall use Highway 59 south.

2. Truck traffic going west on Highway 3:

A. If continuing west shall use the Highway 3 by-pass and proceed west on Highway 3.

B. If traveling south shall turn on Linden Street and proceed on Linden Street to its intersection with Highway 59 south and proceed south on Highway 59/Second Street.

3. Truck traffic going south on Highway 59:

A. If traveling west on Highway 3 shall use Highway 3.

B. If traveling east on Highway 3 shall use Highway 3 by-pass and proceed east on Highway 3.

C. If traveling south on Highway 3 shall use Highway 59/Second Street south.

D. If traveling west on C-38 shall use Highway 59/Second Street south, turn west on Elm Street, north on Fifth Street, and west on Main Street and proceed west on C-38.

4. Truck traffic going north on Highway 59:

A. If traveling east on Highway 3 shall turn on Linden Street and proceed on Linden Street to its intersection with Highway 3 east and proceed east on Highway 3.

B. If traveling west on Highway 3 shall use Highway 59 north to Highway 3 west.

C. If traveling north on Highway 59 shall use Highway 59 south.

D. If traveling west on C-38 shall turn west on Elm Street, north on 5th Street and then west on Main Street and proceed west on C-38.

5. Truck traffic traveling east on C-38:

A. If traveling east on Highway 3 shall travel east on Main Street, turn south on Fifth Street, turn east on Elm Street, turn south on Highway 59/Second Street to its intersection with Linden Street, turn east onto Linden Street and proceed on Linden Street to its intersection with Highway 3 and turn east on Highway 3.

B. If traveling north on Highway 59 shall travel east on Main Street, turn south on Fifth Street, turn east on Elm Street, turn north on Highway 59 and proceed on Highway 59/Second Street.

C. If traveling west on Highway 3 shall travel east on Main Street, turn south on Fifth Street, turn east on Elm Street, turn north on Highway 59/Second Street to Highway 3 and proceed west on Highway 3.

D. If traveling south on Highway 59 shall travel east on Main Street, turn south on Fifth Street, turn east on Elm Street, turn south on Highway 59/Second Street and travel south on Highway 59.

An exception to the above truck routes shall be allowed for vehicles making delivery stops within the City for the duration of their delivery. The fine for violation of this section is $25.

(Ord. 509 – Nov. 05 Supp.)

CHAPTER 63

SPEED REGULATIONS

63.01 General	63.04 Special Speed Restrictions
63.02 State Code Speed Limits	63.05 Minimum Speed
63.03 Parks, Cemeteries and Parking Lots

63.01 GENERAL. Every driver of a motor vehicle on a street shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the street and of any other conditions then existing, and no person shall drive a vehicle on any street at a speed greater than will permit said driver to bring it to a stop within the assured clear distance ahead, such driver having the right to assume, however, that all persons using said street will observe the law.

(Code of Iowa, Sec. 321.285)

63.02 STATE CODE SPEED LIMITS. The following speed limits are established in Section 321.285 of the Code of Iowa and any speed in excess thereof is unlawful unless specifically designated otherwise in this chapter as a special speed zone.

1. Business District – Twenty (20) miles per hour.

(Code of Iowa, Sec. 321.285 [1])

2. Residence or School District – Twenty-five (25) miles per hour.

(Code of Iowa, Sec. 321.285 [2])

3. Suburban District – Forty-five (45) miles per hour.

(Code of Iowa, Sec. 321.285 [4])

63.03 PARKS, CEMETERIES AND PARKING LOTS. A speed in excess of fifteen (15) miles per hour in any public park, cemetery or parking lot, unless specifically designated otherwise in this chapter, is unlawful.

(Code of Iowa, Sec. 321.236[5])

63.04 SPECIAL SPEED RESTRICTIONS. In accordance with requirements of the Iowa State Department of Transportation, or whenever the Council shall determine the basis of an engineering and traffic investigation that any speed limit listed in Section 63.02 is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of the City street system, the Council shall determine and adopt by ordinance such higher or lower speed limit as it deems reasonable and safe at such location. The following special speed zones have been established:

(Code of Iowa, Sec. 321.290)

1. Alley Speed Limitation. A speed in excess of ten (10) miles per hour in any alleyway in the City unless specifically designated otherwise in this chapter is unlawful.

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

A. Second Street from two hundred (200) feet ± south of Locust Street to fifty (50) feet ± north of Cedar Street;

B. South River Road from Beech Street to Birch Street;

C. East Indian Street from North Second Street (United States Highway 59) east to North Roosevelt Avenue.

(Ord. 460 – Jun. 03 Supp.)

3. Special 30 MPH Speed Zones. A speed in excess of thirty (30) miles per hour is unlawful on any of the following designated streets or parts thereof.

A. Lake Street from South Second Street to the intersection with Spring Lake Drive; (Ord. 411 – Aug. 00 Supp.)

B. East Main Street from three hundred (300) feet ± west of Euclid Avenue to two hundred (200) feet ± east of Roosevelt Avenue.

4. Special 35 MPH Speed Zones. A speed in excess of thirty-five (35) miles per hour is unlawful on any of the following designated streets or parts thereof.

A. East Main Street from two hundred (200) feet ± east of Roosevelt Avenue to two hundred fifty (250) feet ± east of Water Street;

B. South Second Street from five hundred (500) feet ± south of Lake Street to two hundred (200) feet ± south of Locust Street;

C. South River Road from Birch Street south to a point 1716 feet distant (being the present north entrance of the Ready-Mix plant);

D. North Second Street from fifty (50) feet ± north of Cedar Street to fifty (50) feet ± north of Indian Street;

E. North Eleventh Street from a point six hundred (600) feet north of the center of Hillside Street to a point two thousand (2,000) feet north and northwesterly of the center of Hillside Street as measured along the centerline of North Eleventh Street;

(Ord. 533 – Jul. 08 Supp.)

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

A. North Second Street from fifty (50) feet ± north of Indian Street to the junction thereof with Iowa Highway No. 3;

B. South Second Street from Linden Street (south curb line) to five hundred (500) feet ± south of Lake Street;

C. South River Road from a point 1716 feet south of Birch Street (being approximately the north entrance to the Christensen Bros. Ready-Mix Plant) south to the corporate line;

D. West Main Street from a point five hundred (500) feet west of the centerline of the intersection with Eleventh Street west to the west corporate line;

E. North Eleventh Street from a point 2,000 feet north and northeasterly of the center of Hillside Street as measured along the center of North Eleventh Street to the north quarter corner of Section 28, Township 92 North, Range 40 West of the 5^th P.M.;

F. Linden Street from the intersection with Second Street to the City limits;

G. Lake Street from its intersection with Spring Lake Drive south to the corporate limit. (Ord. 411 – Aug. 00 Supp.)

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

(Code of Iowa, Sec. 321.294)