City ORDINANCES
MUNICIPAL INFRACTIONS 3.01 MUNICIPAL INFRACTION. A violation of, or the omission or failure to perform any act or duty required by, this Code of Ordinances oF any ordinance or code herein adopted by reference with the exception of those provisions specifically provided under State law as a felony, an aggravated misdemeanor, or a serious misdemeanor, or a simple misdemeanor under Chapters 687 through 747 of the Code of Iowa, is a municipal infraction punishable by civil penalty as provided herein. (Code of Iowa, Sec. 364.22[3]) 3.02 ENVIRONMENTAL VIOLATION. A municipal infraction which is a violation of Chapter 455B of the Code of Iowa or of a standard established by the City in consultation with the Department of Natural Resources, or both, may be classified as an environmental violation. However, the provisions of this section shall not be applicable until the City has offered to participate in informal negotiations regarding the violation or to the following specific violations: (Code of Iowa, Sec. 364.22 [1]) A violation arising from noncompliance with a pretreatment standard or requirement referred to in 40 C.F.R. § 403.8. 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. The discharge of airborne residue from grain, created by the handling, drying or storing of grain, by a person engaged in such industrial production or manufacturing if such discharge occurs from September 15 to January 15. 3.03 PENALTIES. A municipal infraction is punishable by the following civil penalties: (Code of Iowa, Sec. 364.22 [4]) 1. Standard Civil Penalties. A. First Offense - Not to exceed $750.00 B. Each Repeat Offense - Not to exceed $1,000.00 Each day that a violation occurs or is permitted to exist constitutes a repeat offense. 2. Special Civil Penalties. A. A municipal infraction arising from noncompliance with a pretreatment standard or requirement, referred to in 40 C.F.R. § 403.8, by an industrial user is punishable by a penalty of not more than $1,000.00 for each day a violation exists or continues. B. A municipal infraction classified as an environmental violation is punishable by a penalty of not more than $1,000.00 for each occurrence. However, an environmental violation is not subject to such penalty if all of the following conditions are satisfied: (1) The violation results solely from conducting an initial startup, cleaning, repairing, performing scheduled maintenance, testing, or conducting a shutdown of either equipment causing the violation or the equipment designed to reduce or eliminate the violation. (2) The City is notified of the violation within twenty-four (24) hours from the time that the violation begins. (3) The violation does not continue in existence for more than eight (8) hours. 3.04 CIVIL CITATIONS. Any officer authorized by the City to enforce this Code of Ordinances may issue a civil citation to a person who commits a municipal infraction. The citation may be served by personal service as provided in Rule of Civil Procedure 1.305, by certified mail addressed to the defendant at defendant's last known mailing address, return receipt requested, or by publication in the manner as provided in Rule of Civil Procedure 1.310 and subject to the conditions of Rule of Civil Procedure 1.311. A copy of the citation shall be retained by the issuing officer, and 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]) The name and address of the defendant. The name or description of the infraction attested to by the officer issuing the citation. The location and time of the infraction. The amount of civil penalty to be assessed or the alternative relief sought, or both. vi The manner, location, and time in which the penalty may be paid. The time and place of court appearance. The penalty for failure to appear in court. 3.05 ALTERNATIVE RELIEF. Seeking a civil penalty as authorized in this chapter does not preclude the City from seeking alternative relief from the court in the same action. Such alternative relief may include, but is not limited to, an order for abatement or injunctive relief. (Code of Iowa, Sec. 364.22 [8]) 3.06 CRIMINAL PENALTIES. This chapter does not preclude a peace officer from issuing a criminal citation for a violation of this Code of Ordinances or regulation if criminal penalties are also provided for the violation. Nor does it preclude or limit the authority of the City to enforce the provisions of this Code of Ordinances by criminal sanctions or other lawful means. (Code of Iowa, Sec. 364.22[11])
NUISANCE ABATEMENT PROCEDURE 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. Impeding Passage of Navigable River. Obstructing or impeding without legal authority the passage of any navigable river, harbor or collection of water. 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. 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. 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. ash. Air Pollution. Emission of dense smoke, noxious fumes or fly 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. Dutch Elm Disease. Trees infected with Dutch Elm Disease. 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 lowa, 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 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) 50.04 NUISANCE ABATEMENT. Whenever the Mayor or other authorized municipal officer finds that a nuisance exists, such officer shall cause to be served upon the property owner a written notice to abate the nuisance within a reasonable time after notice. (Code of Iowa, Sec. 364.12[3h]) 50.05 NOTICE TO ABATE: CONTENTS. The notice to abate shall contain: Description of Nuisance. A description of what constitutes the nuisance. Location of Nuisance. The location of the nuisance. Acts Necessary to Abate. A statement of the act or acts necessary to abate the nuisance. Reasonable Time. A reasonable time within which to complete the abatement. 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. 50.06 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]) 50.07 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. 50.08 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 50.10 after notice to the property owner under the applicable provisions of Sections 50.04, 50.05 and 50.06 and hearing as provided in Section 50.07. (Code of Iowa, Sec. 364.12[3h]) 50.09 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. 50.10 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]) 50.11 INSTALLMENT PAYMENT OF COST OF ABATEMENT. If the amount expended to abate the nuisance or condition exceeds one hundred collars ($100.00), the City may permit the assessment to be paid in up to ten (0) annual installments, to be paidit the assess matto bendid in the same interest rates provided for assessments against benefited property under State law. (Code of Iowa, Sec. 364.13) 50.12 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.
JUNK AND JUNK VEHICLES 51.01 DEFINITIONS. For use in this chapter, the following terms are defined: 1. "Junk" means all old or scrap copper, brass, lead, or any other non-ferrous metal; old or discarded rope, rags, batteries, paper, trash, rubber, debris, waste or used lumber, or salvaged wood; dismantled vehicles, machinery and appliances or parts of such vehicles, machinery or appliances; iron, steel or other old or scrap ferrous materials; old or discarded glass, tinware, plastic or old or discarded household goods or hardware. Neatly stacked firewood located on a side yard or a rear yard is not considered junk. "Junk vehicle" means any vehicle legally placed in storage with the County Treasurer or unlicensed and which has any of the following characteristics: A. Broken Glass. Any vehicle with a broken or cracked windshield, window, headlight or tail light, or any other cracked or broken glass. B. Broken, Loose or Missing Part. Any vehicle with a broken, loose or missing fender, door, bumper, hood, steering wheel or trunk lid. C. Habitat for Nuisance Animals or Insects. Any vehicle which has become the habitat for rats, mice, or snakes, or any other vermin or insects. D. Flammable Fuel. Any vehicle which contains gasoline or any other flammable fuel. E. Inoperable. Any motor vehicle which lacks an engine or two or more wheels or other structural parts, rendering said motor vehicle totally inoperable, or which cannot be moved under its own power or has not been used as an operating vehicle for a period of thirty (30) days or more. F. Defective or Obsolete Condition. Any other vehicle which, because of its defective or obsolete condition, in any other way constitutes a threat to the public health and safety. Mere licensing of such vehicle shall not constitute a defense to the finding that the vehicle is a junk vehicle. “Vehicle" means every device in, upon, or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and includes without limitation a motor vehicle, automobile, truck, motorcycle, tractor, buggy, wagon, farm machinery, or any combination thereof. 51.02 JUNK AND JUNK VEHICLES PROHIBITED. It is unlawful for wit person to store, accumulate, or allow to remain on any private property within the corporate limits of the City any junk or junk vehicle. 51.03 JUNK AND JUNK VEHICLES A NUISANCE. It is hereby declared that any junk or junk vehicle located upon private property, unless excepted by Section 51.04, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of Section 657.1 of the Code of Iowa. If any junk or junk vehicle is kept upon private property in violation hereof, the owner of or person occupying the property upon which it is located shall be prima facie liable for said violation. (Code of Iowa, Sec. 364.12[3a]) 51.04 EXCEPTIONS. The provisions of this chapter do not apply to any junk or a junk vehicle stored within: 1. Structure. A garage or other enclosed structure; or 2. Salvage Yard. An auto salvage yard or junk yard lawfully operated within the City. 51.05 NOTICE TO ABATE. Upon discovery of any junk or junk vehicle located upon private property in violation of Section 51.03, the City shall within five (5) days initiate abatement procedures as outlined in Chapter 50 of this Code of Ordinances.
ANIMAL PROTECTION AND CONTROL 55.01 DEFINITIONS. The following terms are defined for use in this chapter. 1. “Advertise" means to present a commercial message in any medium including but not limited to print, radio, television, sign, display, label, tag or articulation. 2. “Animal" means a nonhuman vertebrate. (Code of Iowa, Sec. 717B.1) 3. “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. “Business" means any enterprise relating to any of the following: The sale or offer for sale of goods or services. A recruitment for employment or membership in an organization. A solicitation to make an investment. An amusement or entertainment activity. “Fair" means any of the following: The annual fair and exposition held by the Iowa State Fair Board pursuant to Chapter 173 of the Code of Iowa or any fair event conducted by a fair under the provisions of Chapter 174 of the Code of Iowa. An exhibition of agricultural or manufactured products. An event for operation of amusement rides or devices or concession booths. 6. "Game" means a "game of chance" or "game of skill" as defined in Section 99B.1 of the Code of Iowa. “Livestock" means an animal belonging to the bovine, caprine, equine, ovine or porcine species, ostriches, rheas and emus; farm deer as defined in Section 170.1 of the Code of Iowa; or poultry. (Code of Iowa, Sec. 717.1) “Owner" harboring an animal. means any person owning, keeping, sheltering or 9. "Pet" means a living dog, cat or an animal normally maintained in a small tank or cage in or near a residence, including but not limited to a rabbit, gerbil, hamster, mouse, parrot, canary, mynah, finch, tropical fish, goldfish, snake, turtle, gecko or iguana. 35.02 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 in compliance with the City's Restricted Residence District 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 by frequent and habitual howling, yelping, barking, or otherwise, or by running after or chasing persons, bicycles, automobiles or other vehicles. 55.09 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. 55.10 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) 55.11 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) 55.12 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. (Code of Iowa, Sec. 351.39) 55.13 SUMMONS ISSUED. The owner of any dog or other animal shall be issued a summons to appear before a proper court to answer charges of permitting such dog or animal to be at large in violation of this chapter. 55.14 PET AWARDS PROHIBITED. (Code of Iowa, Ch. 717.E) Prohibition. It is unlawful for any person to award a pet or advertise that a pet may be awarded as any of the following: A. A prize for participating in a game. B. A prize for participating in a fair. C. An inducement or condition for visiting a place of business or attending an event sponsored by a business. D. An inducement or condition for executing a contract which includes provisions unrelated to the ownership, care or disposition of the pet. Exceptions. This section does not apply to any of the following: A. A pet shop licensed pursuant to Section 162.5 of the Code of Iowa if the award of a pet is provided in connection with the sale of a pet on the premises of the pet shop. B. Youth programs associated with 4-H Clubs; Future Farmers of America; the Izaak Walton League of America; or organizations associated with outdoor recreation, hunting or fishing, including but not limited to the Iowa Sportsmen's Federation.
PARKING REGULATIONS 66.01 PARK ADJACENT TO CURB. No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the right-hand wheels of the vehicle within eighteen (18) inches of the curb or edge of the roadway except as hereinafter provided in the case of angle parking and vehicles parked on the left-hand side of one-way streets. (Code of Iowa, Sec. 321.361) 66.02 PARK ADJACENT TO CURB - ONE-WAY STREET. No person shall stand or park a vehicle on the left-hand side of a one-way street other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the left-hand wheels of the vehicle within eighteen (18) inches of the curb or edge of the roadway except as hereinafter provided in the case of angle parking. (Code of Iowa, Sec. 321.361) 66.03 ANGLE PARKING. Angle or diagonal parking is permitted only in the following locations: (Code of Iowa, Sec. 321.361) West Main on the north side from North Main to the alley. West Main on the south side from South Main to Quince. 66.04 ANGLE PARKING - MANNER. Upon those streets or portions of streets which have been signed or marked for angle parking, no person shall park or stand a vehicle other than at an angle to the curb or edge of the roadway or in the center of the roadway as indicated by such signs and markings. No part of any vehicle, or the load thereon, when parked within a diagonal parking district, shall extend into the roadway more than a distance of sixteen (16) feet when measured at right angles to the adjacent curb or edge of roadway. 66-05 PARKING FOR CERTAIN PURPOSES ILLEGAL. No person shall park a vehicle upon public property for more than seventy-two (72) hours unless otherwise limited under the provisions of this chapter, or for any of the following principal purposes: (Code of Iowa, Sec. 321.236 [1]) 1. Sale. Displaying such vehicle for sale; Repairing. For lubricating, repairing or for commercial washing of such vehicle except such repairs as are necessitated by an emergency; Advertising. Displaying advertising; Merchandise Sales. Selling merchandise from such vehicle except in a duly established market place or when so authorized or licensed under this Code of Ordinances. 66.06 PARKING PROHIBITED. No one shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or traffic control device, in any of the following places: Crosswalk. On a crosswalk. (Code of Iowa, Sec. 321.358 [5]) Center Parkway. On the center parkway or dividing area of any divided street. (Code of Iowa, Sec. 321.236 [1]) Mailboxes. Within twenty (20) feet on either side of a mailbox which is so placed and so equipped as to permit the depositing of mail from vehicles on the roadway. (Code of Iowa, Sec. 321.236 [4]) Sidewalks. On or across a sidewalk. (Code of Iowa, Sec. 321.358 [1]) Driveway. In front of a public or private driveway. (Code of Iowa, Sec. 321.358 [2]) Intersection. Within an intersection or within ten (10) feet of an intersection of any street or alley. (Code of Iowa, Sec. 321.358[3]) 7. Fire Hydrant. Within five (5) feet of a fire hydrant. (Code of Iowa, Sec. 321.358 [4]) Stop Sign or Signal. Within ten (10) feet upon the approach to any flashing beacon, stop or yield sign, or traffic control signal located at the side of a roadway. (Code of Iowa, Sec. 321.358 [6]) Fire Station. Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance when properly sign posted. (Code of Iowa, Sec. 321.358 [9]) Excavations. Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic. (Code of Iowa, Sec. 321.358 [10]) Double Parking. On the roadway side of any vehicle stopped or parked at the edge or curb of a street. (Code of Iowa, Sec. 321.358 [11]) Hazardous Locations. When, because of restricted visibility or When standing or parked vehicles would constitute a hazard to moving traffic, or when other traffic conditions require, the Council may cause curbs to be painted with a yellow color and erect no parking or standing signs. (Code of Iowa, Sec. 321.358 [13]) Churches, Nursing Homes and Other Buildings. A space of fifty (50) feet is hereby reserved at the side of the street in front of any theater, auditorium, hotel having more than twenty-five (25) sleeping rooms, hospital, nursing home, taxicab stand, bus depot, church, or other building where large assemblages of people are being held, within which space, when clearly marked as such, no motor vehicle shall be left standing, parked or stopped except in taking on or discharging passengers or freight, and then only for such length of time as is necessary for such purpose. (Code of Iowa, Sec. 321.360) 14. Alleys. No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand or park a vehicle within an alley in such a position as to block the driveway entrance to any abutting property. The provisions of this subsection shall not apply to a vehicle parked in any alley which is eighteen (18) feet wide or less; provided said vehicle is parked to deliver goods or services. (Code of Iowa, Sec. 321.236[11) Ramps. In front of a curb cut or ramp which is located on public or private property in a manner which blocks access to the curb cut or ramp. (Code of Iowa, Sec. 321.358/15]) In More Than One Space. In any designated parking space so that any part of the vehicle occupies more than one such space or protrudes beyond the markings designating such space. 66.07 PERSONS WITH DISABILITIES PARKING. The following regulations shall apply to the establishment and use of persons with disabilities parking spaces: Establishment. Persons with disabilities parking spaces shall be established and designated in accordance with Chapter 321L of the Code of Iowa and Iowa Administrative Code, 661-18. No unauthorized person Shall establish any on-street persons with disabilities parking space without first obtaining Council approval. 2. Improper Use. The following uses of a persons with disabilities parking space, located on either public or private property, constitute. improper use of a persons with disabilities parking permit, which is a violation of this Code of Ordinances: (Code of Iowa, Sec. 321L.4[21) A. Use by an operator of a vehicle not displaying a persons with disabilities parking permit; B. Use by an operator of a vehicle displaying a persons with disabilities parking permit but not being used by a person issued a permit or being transported in accordance with Section 321L.2[1b] of the Code of lowa; C. Use by a vehicle in violation of the rules adopted under Section 321L.8 of the Code of lowa. ni Wheelchair Parking Cones. No person shall use or interfere with a wheelchair parking cone in violation of the following: A. A person issued a persons with disabilities parking permit must comply with the requirements of Section 321L.2A(1) of the Code of Iowa when utilizing a wheelchair parking cone. В. A person shall not interfere with a wheelchair parking cone which is properly placed under the provisions of Section 321L.2A(1) of the Code of Iowa. 66.08 NO PARKING ZONES. No one shall stop, stand or park a vehicle in any of the following specifically designated no parking zones except when necessary to avoid conflict with other traffic or in compliance with the direction of a peace officer or traffic control signal. (Code of Iowa, Sec. 321.236 []) - NONE - 66.09 TRUCK PARKING LIMITED. Excepting only when such vehicles are actually engaged in the delivery or receiving of merchandise or cargo no person shall park or leave unattended a motor truck, semi-trailer, or other motor vehicle with trailer attached on North Main Street, South Main Street, East Main Street and West Main Street. When actually receiving or delivering merchandise or cargo such vehicle shall be stopped or parked in a manner which will not interfere with other traffic. The provisions of this section shall not apply to pickup, light delivery or panel delivery trucks. (Code of Iowa, Sec. 321.236 [1]) 66.10 SNOW REMOVAL. When snow or ice or a combination of the two has accumulated to a level of two (2) inches or more, it is unlawful for any person to park, abandon or leave unoccupied or unattended any vehicle, except emergency vehicles and vehicles being operated by physicians on emergency calls, on any residential street in the City until the traveled portion of the street has been completely plowed. Any vehicle parked, abandoned or left unoccupied or unattended in violation of this section is hereby declared to be an obstruction to the public streets and a public nuisance, and the Mayor is hereby authorized to remove or cause to be removed any such vehicle to a private garage or parking area until claimed by the owner thereof as hereinafter provided. Within twenty-four (24) hours after the removal of a vehicle as provided herein, the Clerk shall send a notice to the registered owner which shall contain the following: 1. A general description of the vehicle, together with the license number. The time and reason for removal and the place where said vehicle is stored. 3. The charges for removal and storage. Before any vehicle so removed and stored shall be reclaimed, the owner or other claimant shall provide satisfactory identification and establish his or her right, title or interest in said vehicle and shall further pay the costs of towing and storage. No person shall reclaim any vehicle so removed and stored without first paying the towing and storage charges. (Code of Iowa, 321.236[1]) 66.11 CONTROLLED ACCESS FACILITIES. Parking restrictions on controlled access facilities are as specified in Chapter 139 of this Code of Ordinances.
WATER SERVICE SYSTEM 90.01 DEFINITIONS. The following terms are defined for use in the chapters in this Code of Ordinances pertaining to the Water Service System: 1. “Combined service account" means a customer service account for the provision of two or more utility services. 2. "Customer" means, in addition to any person receiving water service from the City, the owner of the property served, and as between such parties the duties, responsibilities, liabilities and obligations hereinafter imposed shall be joint and several. “Superintendent" means the Superintendent of the City water system or any duly authorized assistant, agent or representative. “Water main" means a water supply pipe provided for public or community use. "Water service pipe" means the pipe from the water main to the building served. “Water system" or "Waterworks" means all public facilities for securing, collecting, storing, pumping, treating and distributing water. 90.02 SUPERINTENDENT'S DUTIES. The Superintendent shall supervise the installation of water service pipes and their connection to the water main and enforce all regulations pertaining to water services in the City in accordance with this chapter. This chapter shall apply to all replacements of existing water service pipes as well as to new ones. The Superintendent shall make such rules, not in conflict with the provisions of this chapter, as may be needed for the detailed operation of the water system, subject to the approval of the Council. In the event of an emergency the Superintendent may make temporary rules for the protection of the system until due consideration by the Council may be had. (Code of lowa, Sec. 372.13(4]) 90.03 MANDATORY CONNECTIONS. All residences and business establishments within the City limits intended or used for human habitation, occupancy or use shall be connected to the public water system. 90.04 ABANDONED CONNECTIONS. When an existing water service is abandoned or a service is renewed with a new tap in the main, all abandoned connections with the mains shall be turned off at the corporation cock and made absolutely watertight. 90.05 CONNECTION CHARGE AND INSPECTION FEE. There shall be a cometi for on thome unt of one humane do lare sroo aid to to the property served. In addition, an inspection fee of fifteen dollars ($15.00) is charged. (Code of Iowa, Sec. 384.84 [2a]) 90.06 COMPLIANCE WITH PLUMBING CODE. The installation of any water service pipe and any connection with the water system shall comply with all pertinent and applicable provisions, whether regulatory, procedural or enforcement provisions, of the State Plumbing Code. 90.07 PLUMBER REQUIRED. All installations of water service pipes and connections to the water system shall be made by a plumber approved by the City. The Superintendent shall have the power to suspend the approval of any plumber for violation of any of the provisions of this chapter. A suspension, unless revoked, shall continue until the next regular meeting of the City Council. The Superintendent shall notify the plumber immediately by personal written notice of the suspension, the reasons for the suspension and the time and place of the Council meeting at which the plumber will be granted a hearing. At this Council meeting the Superintendent shall make a written report to the Council stating the reasons for the suspension, and the Council, after fair hearing, shall affirm or revoke the suspension or take any further action that is necessary and proper. 90.08 EXCAVATIONS. All trench work, excavation and backfilling required in making a connection shall be performed in accordance with applicable excavation provisions as provided for installation of building sewers and/or the provisions of Chapter 135. 90.09 TAPPING MAINS. All taps into water mains shall be made by or under the direct supervision of the Superintendent and in accord with the following: 1. Independent Services. No more than one house, building or premises shall be supplied from one tap unless special written permission is obtained from the Superintendent and unless provision is made so that each house, building or premise may be shut off independently of the other. Sizes and Location of Taps. All mains six (6) inches or less in diameter shall receive no larger than a three-fourths (3/4) inch tap. All mains of over six (6) inches in diameter shall receive no larger than a one inch tap. Where a larger connection than a one inch tap is desired, two or more small taps or saddles shall be used, as the Superintendent shall order. All taps in the mains shall be made at or near the top of the pipe, at least eighteen 18) inches apart. No main shall be tapped nearer than two (2) feet of the joint in the main. Corporation Stop. A brass corporation stop, of the pattern and weight approved by the Superintendent, shall be inserted in every tap in the main. The corporation stop in the main shall be of the same size as the service pipe. Location Record. An accurate and dimensional sketch showing the exact location of the tap shall be filed with the Superintendent in such form as the Superintendent shall require. (Code of Iowa, Sec. 372.13[4]) 90.10 INSTALLATION OF WATER SERVICE PIPE. Water service pipes from the main to the meter setting shall be as approved by the Council. Pipe must be laid sufficiently waving, and to such depth, as to prevent rupture from settlement or freezing. 90.11 RESPONSIBILITY FOR WATER SERVICE PIPE. All costs and expenses incident to the installation, connection and maintenance of the water service pipe from the main to the building served shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation or maintenance of said water service pipe. The City furnishes the curb cut-off valve, curb box and water meter for each hookup. 90.12 FAILURE TO MAINTAIN. When any portion of the water service pipe which is the responsibility of the property owner becomes defective orcreates a nuisance and the owner fails to correct such nuisance the City may do so and assess the costs thereof to the property. (Code of Iowa, Sec. 364.12[3a & h]) 90.13 CURB VALVE. There shall be installed within the public right-of-way a main shut-off valve of the inverted key type on the water service pipe at the City property line with a suitable lock of a pattern approved by the Superintendent. The shut-off valve shall be covered with a heavy metal cover having the letter "W" marked thereon, visible and even with the pavement or ground. 90.14 INTERIOR VALVE. There shall be installed a shut-off valve on every service pipe inside the building as close to the entrance of the pipe within the building as possible and so located that the water can be shut off conveniently. Where one service pipe supplies more than one customer within the building, there shall be separate valves for each such customer so that service may be shut off for one without interfering with service to the others. 90.15 INSPECTION AND APPROVAL. All water service pipes and their connections to the water system must be inspected and approved in writing by the Superintendent before they are covered, and the Superintendent shall keep a record of such approvals. If the Superintendent refuses to approve the work, the plumber or property owner must proceed immediately to correct the work. Every person who uses or intends to use the municipal water system shall permit the Superintendent to enter the premises to inspect or make necessary alterations or repairs at all reasonable hours and on proof of authority. 90.16 COMPLETION BY THE CITY. Should any excavation be left open or only partly refilled for twenty-four (24) hours after the water service pipe is installed and connected with the water system, or should the work be improperly done, the Superintendent shall have the right to finish or correct the work, and the Council shall assess the costs to the property owner or the plumber. If the plumber is assessed, the plumber must pay the costs before receiving another permit. If the property owner is assessed, such assessment may be collected with and in the same manner as general property taxes. (Code of Iowa, Sec. 364.12[3a & h]) 90.17 SHUTTING OFF WATER SUPPLY. After following the procedures set out in Section 92.04, the Superintendent may shut off the supply of water to reg ain ur ecese of any substantial violation ef thin goper, or valid supply shall not be turned on again until all violations have been corrected and the Superintendent has ordered the water to be turned on. 90.18 OPERATION OF CURB VALVE AND HYDRANTS. It is unlawful for any person except the Superintendent to turn water on at the curb valve, and no person, unless specifically authorized by the City, shall open or attempt to draw water from any fire hydrant for any purpose whatsoever.
SOLID WASTE CONTROL 105.01 PURPOSE. The purpose of the chapters in this Code of Ordinances pertaining to Solid Waste Control and Collection is to provide for the sanitary storage, collection and disposal of solid waste and, thereby, to protect the citizens of the City from such hazards to their health, safety and welfare as may result from the uncontrolled disposal of solid waste. 105.02 DEFINITIONS. For use in these chapters the following terms are defined: “Collector" means any person authorized to gather solid waste from public and private places. “Discard" means to place, cause to be placed, throw, deposit or drop. (Code of Iowa, Sec. 455B.361[2]) “Dwelling unit" means any room or group of rooms located within a structure and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating. "Garbage" means all solid and semisolid, putrescible animal and vegetable waste resulting from the handling, preparing, cooking, storing, serving and consuming of food or of material intended for use as food, and all offal, excluding useful industrial by-products, and includes all such substances from all public and private establishments and from all residences. (IAC, 567-100.2) “Landscape waste" means any vegetable or plant waste except garbage. The term includes trees, tree trimmings, branches, stumps, brush, weeds, leaves, grass, shrubbery and yard trimmings. (IAC, 567-20.2[455B]) 6. or debris. "Litter" means any garbage, rubbish, trash, refuse, waste materials (Code of Iowa, Sec. 455B. 361[1]) "Owner" means in addition to the record titleholder any person residing in, renting, leasing, occupying, operating or transacting business in any premises, and as between such parties the duties, responsibilities, liabilities and obligations hereinafter imposed shall be joint and several. “Refuse" means putrescible and non-putrescible waste, including but not limited to garbage, rubbish, ashes, incinerator residues, street cleanings, market and industrial solid waste and sewage treatment waste in dry or semisolid form. (IAC, 567-100.2) “Residential premises" means a single-family dwelling and any multiple-family dwelling up. "Residential waste" means any refuse generated on the premises as a result of residential activities. The term includes landscape waste grown on the premises or deposited thereon by the elements, but excludes garbage, tires, trade wastes and any locally recyclable goods or plastics. (IAC, 567-20.2 [455B]) "Rubbish" means non-putrescible solid waste consisting of combustible and non-combustible waste, such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery or litter of any kind. (LAC, 567-100.2) “Sanitary disposal" means a method of treating solid waste so that it does not produce a hazard to the public health or safety or create a nuisance. (LAC, 567-100.2) "Sanitary disposal project" means all facilities and appurtenances including all real and personal property connected with such facilities, which are acquired, purchased, constructed, reconstructed, equipped, improved, extended, maintained, or operated to facilitate the final disposition of solid waste without creating a significant hazard to the public health or safety, and which are approved by the Director of the State Department of Natural Resources. (Code of Iowa, Sec. 455B.301) "Solid waste" means garbage, refuse, rubbish, and other similar discarded solid or semisolid materials, including but not limited to such materials resulting from industrial, commercial, agricultural, and domestic activities. Solid waste may include vehicles, as defined by subsection one of Section 321.1 of the Code of Iowa. (Code of Iowa, Sec. 455B.301) 105.03 SANITARY DISPOSAL REQUIRED. It is the duty of each owner to provide for the sanitary disposal of all refuse accumulating on the owner's premises before it becomes a nuisance. Any such accumulation remaining on any premises for a period of more than thirty (30) days shall be deemed a nuisance and the City may proceed to abate such nuisances in accordance with the provisions of Chapter 50 or by initiating proper action in district court. (Code of Iowa, Ch. 657) 105.04 HEALTH AND FIRE HAZARD. It is unlawful for any person to permit to accumulate on any premises, improved or vacant, or on any public place, such quantities of solid waste that constitute a health, sanitation or fire hazard. 105.05 OPEN BURNING RESTRICTED. No person shall allow, cause or permit open burning of combustible materials where the products of combustion are emitted into the open air without passing through a chimney or stack, except that open burning is permitted in the following circumstances: (IAC, 567-23.2[455B] and 567-100.2) Disaster Rubbish. The open burning of rubbish, including landscape waste, for the duration of the community disaster period in cases where an officially declared emergency condition exists, provided that the burning of any structures or demolished structures is conducted in accordance with 40 CFR Section 61.145. (LAC, 567-23.2[3а]) Trees and Tree Trimmings. The open burning of trees and tree trimmings at a City-operated burning site, provided such burning is conducted in compliance with the rules established by the State Department of Natural Resources. (IAC, 567-23.2[3b]) Flare Stacks. The open burning or flaring of waste gases, provided such open burning or flaring is conducted in compliance with applicable rules of the State Department of Natural Resources. (IAC, 567-23.2[3c]) 4. Landscape Waste. The disposal by open burning of landscape waste originating on the premises, provided such burning is not less than fifty (50) from any structure and adequate provisions have been made to prevent the fire from spreading to within fifty (50) feet of any structure. However, the burning of landscape waste produced in clearing, grubbing and construction operations shall be limited to areas located at least one-fourth (¼) mile from any building inhabited by other than the landowner or tenant conducting the open burning. Rubber tires shall not be used to ignite landscape waste. (AC, 567-23.2 [3d]) Recreational Fires. Open fires for cooking, heating, recreation and ceremonies, provided they comply with the limits for emission of visible air contaminants established by the State Department of Natural Resources. Rubber tires shall not be burned in a recreational fire. (AC, 567-23.2 [3е]) 6. Residential Waste. Backyard burning of residential waste, but not including garbage, at dwellings of four-family units or less provided such burning is contained in an approved waste burner located not less than fifteen (15) feet from any structure. (LAC, 567-23.2 [3f]) Training Fires. Fires set for the purpose of conducting bona fide training of public or industrial employees in fire fighting methods, provided that the training fires are conducted in compliance with rules established by the State Department of Natural Resources. (LAC, 567-23.2[3g]) Pesticide Containers and Seed Corn Bags. The disposal by open burning of paper or plastic pesticide containers (except those formerly containing organic forms of beryllium, selenium, mercury, lead, cadmium or arsenic) and seed corn bags resulting from farming activities occurring on the premises if burned in accordance with rules established by the State Department of Natural Resources. (IAC, 567-23.2[3h]) Agricultural Structures. The open burning of agricultural structures if in accordance with rules and limitations established by the State Department of Natural Resources. (IAC, 567-23.2 [31]) 10. Controlled Burning of a Demolished Building. The controlled burning of a demolished building by the City, subject to approval of the Council, provided that the controlled burning is conducted in accordance with rules and limitations established by the State Department of Natural Resources. 11. Variance. Any person wishing to conduct open burning of materials not permitted herein may make application for a variance to the Director of the State Department of Natural Resources. (IAC, 567-23.2[2]) 105.06 SEPARATION OF YARD WASTE REQUIRED. All yard waste Shall be separated by the owner or occupant from all other solid waste accumulated on the premises and shall be composted or burned on the premises in compliance with Section 105.05 or placed in acceptable containers and set out for collection. As used in this section, "yard waste" means any debris such as grass clippings, leaves, garden waste and brush. Yard waste does not include tree stumps. 105.07 LITTERING PROHIBITED. No person shall discard any litter onto or in any water or land, except that nothing in this section shall be construed to affect the authorized collection and discarding of such litter in or on areas or receptacles provided for such purpose. When litter is discarded from a motor vehicle, the driver of the motor vehicle shall be responsible for the act in any case where doubt exists as to which occupant of the motor vehicle actually discarded the litter. (Code of Iowa, Sec. 455B.363) 105.08 OPEN DUMPING PROHIBITED. No person shall dump or deposit or permit the dumping or depositing of any solid waste on the surface of the ground or into a body or stream of water at any place other than a sanitary disposal project approved by the Director of the State Department of Natural Resources, unless a special permit to dump or deposit solid waste on land owned or leased by such person has been obtained from the Director of the State Department of Natural Resources. However, this section does not prohibit the use of dirt, stone, brick or similar inorganic material for fill, landscaping, excavation, or grading at places other than a sanitary disposal project. (Code of Iowa, Sec. 455B.307 and IAC, 567-100.2) 105.09 TOXIC AND HAZARDOUS WASTE. No person shall deposit in a solid waste container or otherwise offer for collection any toxic or hazardous waste. Such materials shall be transported and disposed of as prescribed by the Director of the State Department of Natural Resources. As used in this section, "toxic and hazardous waste" means waste materials, including but not limited to, poisons, pesticides, herbicides, acids, caustics, pathological waste, flammable or explosive materials and similar harmful waste which requires special handling and which must be disposed of in such a manner as to conserve the environment and protect the public health and safety. 105.10 WASTE STORAGE CONTAINERS. Every person owning, managing, operating, leasing or renting any premises, dwelling unit or any place where refuse accumulates shall provide and at all times maintain in good order and repair portable containers for refuse in accordance with the following: 1. Container Specifications. with the following specifications: Waste storage containers shall comply A. Residential. Residential waste containers, whether they be reusable, portable containers or heavy-duty disposable garbage bags, shall be o sufficient capacity, and leakproof and waterproof. Disposable containers shall be securely fastened, and reusable containers shall be fitted with a fly-tight lid which shall be kept in place except when depositing or removing the contents of the container. Reusable containers shall also be lightweight and of sturdy construction and have suitable lifting devices. B. Commercial. Every person owning, managing, operating, leasing or renting any commercial premise where an excessive amount of refuse accumulates and where its storage in portable containers as required above is impractical, shall maintain metal bulk storage containers approved by the City. Storage of Containers. Residential solid waste containers shall be stored upon the residential premises. Commercial solid waste containers shall be stored upon private property, unless the owner has been granted written permission from the City to use public property for such purposes. The storage site shall be well drained; fully accessible to collection equipment, public health personnel and fire inspection personnel. All owners of residential and commercial premises shall be responsible for proper storage of all garbage and yard waste to prevent materials from leaving the premises except at collection. Location of Containers for Collection. Containers for the storage of solid waste awaiting collection shall be placed outdoors at some easily accessible place by the owner or occupant of the premises served. 4. Nonconforming Containers. Solid waste placed in containers which are not in compliance with the provisions of this section will not be collected. 105.11 PROHIBITED PRACTICES. It is unlawful for any person to: 1. Unlawful Use of Containers. Deposit refuse in any solid waste containers not owned by such person without the written consent of the owner of such containers. 2. Interfere with Collectors. Interfere in any manner with solid waste collection equipment or with solid waste collectors in the lawful performance of their duties as such, whether such equipment or collectors be those of the City, or those of any other authorized waste collection service. 3. Scavenging. Take or collect any solid waste which has been placed out for collection on any premises, unless such person is an authorized solid waste collector. 4. Incinerators. Burn rubbish or garbage except in incinerators designed for high temperature operation, in which solid, semisolid, liquid or gaseous combustible refuse is ignited and burned efficiently, and from which the solid residues contain little or no combustible material, as acceptable to the Environmental Protection Commission. 105.12 SANITARY DISPOSAL PROJECT DESIGNATED. The sanitary landfill facilities operated by Hardin County Landfill Commission or subsequent owner are hereby designated as the official "Public Sanitary Disposal Project" for the disposal of solid waste produced or originating within the City.
COLLECTION OF SOLID WASTE 106.01 COLLECTION SERVICE. The City shall provide by contract for 1060l COLDE solid waste except bulky rubbish as provided in Section 106.05 within the City. 106.02 COLLECTION VEHICLES. Vehicles or containers used for the collection and transportation of garbage and similar putrescible waste or solid waste containing such materials shall be leakproof, durable and of easily cleanable construction. They shall be cleaned to prevent nuisances, pollution or insect breeding and shall be maintained in good repair. (IAC, 567-104.9[455B]) 106.03 LOADING. Vehicles or containers used for the collection and transportation of any solid waste shall be loaded and moved in such a manner that the contents will not fall, leak, or spill therefrom, and shall be covered to prevent blowing or loss of material. Where spillage does occur, the material shall be picked up immediately by the collector or transporter and returned to the vehicle or container and the area properly cleaned. 106.04 FREQUENCY OF COLLECTION. All solid waste shall be collected from residential premises at least once each week and from commercial, industrial and institutional premises as frequently as may be necessary, but not less than once each week. 106.05 BULKY RUBBISH. Bulky rubbish which is too large or heavy to be collected in the normal manner of other solid waste may be collected by the collector upon request in accordance with procedures therefor established by the Council. 106.06 RIGHT OF ENTRY. Solid waste collectors are hereby authorized to enter upon private property for the purpose of collecting solid waste therefrom as required by this chapter; however, solid waste collectors shall not enter dwelling units or other residential buildings. 106.07 CONTRACT REQUIREMENTS. No person shall engage in the business of collecting, transporting, processing or disposing of solid waste for the City without first entering into a contract with the City. This section does not prohibit an owner from transporting solid waste accumulating upon premises owned, occupied or used by such owner, provided such refuse is disposed of properly in an approved sanitary disposal project. Furthermore, a contract is not required for the removal, hauling, or disposal of earth and rock material from grading or excavation activities, provided that all such materials are conveyed in tight vehicles, trucks or receptacles so constructed and maintained that none of the material being transported is spilled upon any public right-of-way. 106.08 COLLECTION FEES. The collection and disposal of solid waste as provided by this chapter are declared to be beneficial to the property served or eligible to be served and there shall be levied and collected fees therefor in accordance with the following: 1. Fee for Collection. The Council shall establish by resolution a collection fee based on volume or on number of containers used for disposal of solid waste, which fee shall be paid monthly. Council may by resolution in addition to establishing a fee based on volume or number of containers used for disposal, also establish a per capita charge to defray expenses and costs associated with memberships in the Hardin County Solid Waste Disposal Commission, as well as costs and expenses associated with the administration of solid waste collection. In the event a residence consists of more than one dwelling unit, each additional unit shall count as a residence and shall pay the established minimum fee in addition to any fees based upon volume. Payment of Bills. All fees are due and payable under the same terms and conditions provided for payment of a combined service account as contained in Section 92.03 of this Code of Ordinances. Water service may be discontinued in accordance with the provisions contained in Section 92.04 if the combined service account becomes delinquent, and the provisions contained in Section 92.07 relating to lien notices shall also apply in the event of a delinquent account. Abatement for Unoccupied Residence or Business. An unoccupied residence or business which is not served by garbage pickup shall have its garbage fees reduced by an amount established by Council resolution. 106.09 LIEN FOR NONPAYMENT. The owner of the premises served and any lessee or tenant thereof are jointly and severally liable for fees for solid waste collection and disposal. Fees remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes. (Code of Iowa, Sec. 384.84[1])
WEEDS AND GRASS 151.01 WEEDS; DESTRUCTION. It is the duty of each owner, occupant, person, company or corporation in control of any lands within the City, whether the same shall consist of improved or unimproved lands or lots used for any purpose whatsoever, to cut, burn or otherwise entirely destroy all noxious weeds as defined in Section 151.02, growing on said lands and to the middle of the street immediately adjacent thereto, at such times in each year and in such manner as shall prevent the said weeds from blooming or reaching maturity, and to keep the said lands and parkings free from such growths of other weeds as shall render the streets or highways adjoining the same unsafe for public travel or shall interfere in any manner with the proper construction or repair of said public streets or highways, and shall cause to be cut, near the surface of the ground, all weed on the streets or highways adjoining said lands, between July 1 and August 1 of each year, except in the case of noxious weeds which reach maturity before July 15, and such weeds shall be destroyed as herein provided at such times in each year and in such manner as shall prevent the said weeds from blooming or reaching maturity. 151.02 NOXIOUS WEEDS DESIGNATED. The following weeds are hereby declared to be noxious weeds: quack grass (Agropyron repens), Canada thistle (Cirsium arvense), cockle burr (Xanthium canadense), wild mustard (Brassica arvensis), sour or curled dock (Rumex crispus), smooth dock (Rumex altissimus), buckhorn or ribbed plaintain (Plantago lanceolata), wild parsnip (Pastinaca sativa), horse nettle (Solanum carolinense), velvet weed or button weed (Abutilon theophrasti), burdock (Arcitium lappa), shoo-fly (Hibiscus trionum), wild carrot (Daucus carota), Russian thistle (Salsola kali, L. Var. Tagrus). 151.03 FAILURE TO DESTROY. If any such owner, occupant, person, company or corporation in control of any such land, including streets, fails or neglects to do the things necessary to prevent the said noxious weeds on any such land from blooming or coming to maturity, or permits weeds thereon contrary to the provisions of Section 151.01, or if it appears that there is danger that any such noxious weeds on any land may mature, then, upon their own motion or upon complaint made to any member thereof or to the Mayor, it is the duty of the Council to make investigation of such conditions or complaint, or cause investigation thereof to be made. If it appears that there is danger that any such noxious weeds may mature, the Council shall make an order fixing the time within which the weeds shall be prevented from maturing seed or the said Weeds shall be destroyed, prescribing the manner of their destruction, and shall forthwith give notice in writing of said order personally to the owner of the land service of suche weids are growing or the st ity, and if it cannot be so serves, spon which the weeds are growing or the street immediately adjacent thereto, if them by mailing such notice by registered mail to the owner at his or her last known address; and also by giving a copy of the notice to the company, person or corporation in the apparent control of the said land, whose duty it shall also be to mail said notice to the owner, and if the order so made is not substantially complied with by the time fixed in the order and after reasonable notice as wherein provided, then it is the duty of the Council to cause said order to be fully performed, and the said noxious weeds destroyed in the manner provided in Section 151.03. The expense of the same, including the costs of serving said notice shall be advanced out of the General Fund and at any meeting of the Council an assessment shall be made against said land upon which said weeds were destroyed, or the streets immediately adjacent thereto, and the owner thereof, by a special tax which shall be certified and collected, together with interest and penalty after due in the same manner as any other special tax is certified and collected, and shall be collected by the County Treasurer, and when collected shall be paid into the Fund upon which said warrant is drawn. Before making the assessment, however, ten days' notice shall be given such owner of the time and place of meeting of the Council, which notice shall also contain a statement of the work done and the expense thereof with the costs, and shall be given in the same manner as originally given to owners as hereinbefore provided. At such time and place such owner may appear with the same rights given by law before boards of review upon increase in assessments. 151.04 HEIGHT OF GRASS RESTRICTED. 1. Purpose. The purpose of this section is to establish a maximum height that grass on lands within the City may be grown before it must be cut. 2. Height of Grass. Grass growing on lands within the City shall be cut on a periodic basis so that the height of such grass is never greater than six (6) inches in height. 3. Violation. Upon the determination by the designated municipal officer by visual observation and measurement that a violation of this section has occurred, the City will send written notice by certified mail to the landowner informing said owner of the problem and the action that is to be taken. 4. Notice. The notice will set forth that the property owner has seven (7) days from the date of the notice to have the grass cut so that the height conforms with this section. The notice will set forth the address of the property in question and will instruct the landowner that this notice constitutes notice for the balance of the summer that further action will be taken by the City to remedy the problem if it occurs again on the same property without additional written notice being given. 5. Failure to Cut Grass. If any such owner, who has been sent notice, fails to cut the grass on said owner's property as set forth in the notice so that it conforms with this section within the time period set forth in the notice, the designated municipal officer will instruct the Department of Public Works to mow the grass so that the property conforms with this section. The cost of this action will be assessed against the property. The fee for this service will be set by resolution. 6. Additional Violation. Any landowner who violates this section will be given one notice per summer and the City will be authorized to respond to additional violations without additional written notice being given. 7. Exceptions. This section pertains to all residential, commercial and industrial land within the City limits, but excludes agricultural land within the City.
TREES 152.01 DEFINITION. The term "right-of-way" for the purpose of this chapter shall mean the entire platted portion of a City street as platted in the Official Plat of the City of New Providence, Iowa.. 152.02 PLANTING RESTRICTIONS. No tree shall be planted in any right-of-way as defined herein. 152.03 DUTY TO TRIM TREES. The owner or agent of the abutting property shall keep trees on, or overhanging the right-of-way of City propeffy, trimmed so that all branches will be at least 15 feet above the traveled portion of any street located in a City right-of-way and eight feet above any existing sidewalk in a street right-of-way. If the abutting property owner fails to trim the trees, the Crty may serve notice on the abutting property owner requiring that such action be taken within 14 days. If such action is not taken within that time, the Crty may perform the required action and assess the costs against the abutting properly owner for collection in the same manner as a properly tax. (Code of lowa, Sec. 364.12[2c, d, and e]) 152.04 TRIMMING TREES TO BE SUPERVISED. Except as allowed in Section 152.03, it is unlawful for any person to trim or cut any tree in a street or public place unless the work is done under the supervision of the City. 152.05 DISEASE CONTROL. Any dead, diseased, or damaged tree or shrub that may harbor serious insect or disease pests or disease injurious to other trees is hereby declared to be a nuisance. 152.06 INSPECTION AND REMOVAI. The Council shall inspect or cause to be inspected any trees or shrubs in the City reported or suspected to be dead, diseased or damaged, and such trees and shrubs shall be subject to the following: 1. City Properly. If it is determined that any such condition exists on any public properfy, including the strip between the curb and the lot line of private property, the Council may cause such condition to be corrected by treatment or removal. The Council may also order the removal of any trees on the streets of the City which interfere with the making of improvements or with travel thereon. 2. Private Properly. If it is determined with reasonable certainty that any such condition exists on private properly and that danger to other kees or to adjoining property or passing motorists or pedestrians is imminent, the Council shall notify by certified mail the owner, occupant or person in charge of such properly to correct such condition by treatment or removal within 14 days of said notification. If such owner, occupant, or person in charge of said properly fails to comply within 14 days of receipt of notice, the Council may cause the condition to be corrected and the cost assessed against the properfy. (Code of lowa, Sec. 364.12[3b and h].)