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CHAPTER 1

CODE OF ORDINANCES1.01 Title 1.09 Catchlines and Notes1.02 Definitions 1.10 Altering Code1.03 City Powers 1.11 Severability1.04 Indemnity 1.12 Warrants1.05 Personal Injuries 1.13 General Standards for Action1.06 Rules of Construction 1.14 Standard Penalty1.07 Extension of Authority 1.15 Right of Entry for Inspection1.08 Amendments

1.01 TITLE. This code of ordinances shall be known and may be cited as the Code of Ordinances of the City of Forest City, Iowa, 2007.

1.02 DEFINITIONS. Where words and phrases used in this Code of Ordinances are defined in the Code of Iowa, such definitions apply to their use in this Code of Ordinances unless such construction would be inconsistent with the manifest intent of the Council or repugnant to the context of the provision. Other words and phrases used herein have the following meanings, unless specifically defined otherwise in another portion of this Code of Ordinances or unless such construction would be inconsistent with the manifest intent of the Council or repugnant to the context of the provision:

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

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

3. “Clerk” means the city clerk of Forest City, 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 Forest City, Iowa, 2007.

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

7. “County” means Winnebago County or Hancock County, Iowa.

8. “May” confers a power.

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

10. “Must” states a requirement.

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

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means the ordinances of the City of Forest City, Iowa, as embodied in this Code of Ordinances, ordinances not repealed by the ordinance adopting this Code of Ordinances, and those enacted hereafter.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

CODE OF ORDINANCES, FOREST CITY, IOWA- 1 -

CHAPTER 1 CODE OF ORDINANCES

trustee, receiver, assignee, or similar representative thereof, but does not include a governmental body.

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

15. “Shall” imposes a duty.

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

17. “State” means the State of Iowa.

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

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

Words that are not defined in this Code of Ordinances or by the Code of Iowa have their ordinary meaning unless such construction would be inconsistent with the manifest intent of the Council, or repugnant to the context of the provision.

1.03 CITY POWERS. The City may, except as expressly limited by the Iowa Constitution, and if not inconsistent with the laws of the Iowa General Assembly, exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges and property of the City and of its residents, and 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.


1.06 RULES OF CONSTRUCTION. In the construction of this Code of Ordinances, the rules of statutory construction as set forth in Chapter 4 of the Code of Iowa shall be utilized to ascertain the intent of the Council with the understanding that the term “statute” as used therein will be deemed to be synonymous with the term “ordinance” when applied to this Code of Ordinances.

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

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


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

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


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

1.12 WARRANTS. If consent to enter upon or inspect any building, structure or property pursuant to a municipal ordinance is withheld by any person having the lawful right to exclude, the City officer or employee having the duty to enter upon or conduct the inspection may apply to the Iowa District Court in and for the County, pursuant to Section 808.14 of the Code of Iowa, for an administrative search warrant. No owner, operator or occupant or any other person having charge, care or control of any dwelling unit, rooming unit, structure, building or premises shall fail or neglect, after presentation of a search warrant, to permit entry therein by the municipal officer or employee.

1.13 GENERAL STANDARDS FOR ACTION. Whenever this Code of Ordinances grants any discretionary power to the Council or any commission, board or officer or employee of the City and does not specify standards to govern the exercise of the power, the



power shall be exercised in light of the following standard: The discretionary power to grant, deny or revoke any matter shall be considered in light of the facts and circumstances then existing and as may be reasonably foreseeable, and due consideration shall be given to the impact upon the public health, safety and welfare, and the decision shall be that of a reasonably prudent person under similar circumstances in the exercise of the police power.

1.14 STANDARD PENALTY. Unless another penalty is expressly provided by this Code of Ordinances for violation of any particular provision, section, or chapter, any person failing to perform a duty required by this Code of Ordinances or otherwise violating any provision of this Code of Ordinances or any rule or regulation adopted herein by reference shall, upon conviction, be subject to a fine of at least sixty-five dollars ($65.00) but not to exceed six hundred twenty-five dollars ($625.00). The court may order imprisonment not to exceed thirty (30) days in lieu of a fine or in addition to a fine. (Ord. 694 – Sep. 09 Supp.)

(Code of Iowa, Sec. 364.3[2] and 903.1[1a])

1.15 RIGHT OF ENTRY FOR INSPECTION. Whenever necessary to make an inspection to enforce any ordinance or resolution, or whenever there is reasonable cause to believe that there exists an ordinance or resolution violation in any building or upon any premises within the jurisdiction of the City, any authorized official of the City may, upon presentation of proper credentials, enter such building or premises at all reasonable times to inspect the same and to perform any duty imposed upon such official by ordinance. Except in emergency situations or when consent of the owner and/or occupant to the inspection has been otherwise obtained, such official shall give the owner and/or occupant, if the owner or occupant can be located after reasonable effort, a 24-hour written notice of the authorized official’s intention to inspect. The notice transmitted to the owner and/or occupant shall state that the property owner has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

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CHAPTER 2

CHARTER 2.01 Title 2.04 Number and Term of Council2.02 Form of Government 2.05 Term of Mayor2.03 Powers and Duties 2.06 Copies on File

2.01 TITLE. This chapter may be cited as the charter of the City of Forest City, Iowa.†

2.02 FORM OF GOVERNMENT. The form of government of the City is the Mayor-Council form of government.


2.03 POWERS AND DUTIES. The Council and Mayor and other City officers have such powers and shall perform such duties as are authorized or required by State law and by the ordinances, resolutions, rules and regulations of the City.

2.04 NUMBER AND TERM OF COUNCIL. The Council consists of three Council Members elected at large and one Council Member from each of four wards as established by this Code of Ordinances, elected for overlapping terms of four years.


2.05 TERM OF MAYOR. The Mayor is elected for a term of four years.(Code of Iowa, Sec. 376.2)

2.06 COPIES ON FILE. The Clerk shall keep an official copy of the charter on file with the official records of the Clerk and the Secretary of State, and shall keep copies of the charter available at the Clerk’s office for public inspection.


† EDITOR’S NOTE: Ordinance No. 239, adopting a charter for the City was passed and approved by the Council on November 26, 1973, and was published on November 29, 1973. The charter became effective on January 2, 1974.


CHAPTER 2 CHARTER


CHAPTER 3

BOUNDARIES

3.01 VOTING PRECINCTS ESTABLISHED. The City is divided into five (5) voting precincts described as follows:

1. The First Precinct consists of the portion of the City beginning at the Northwest Corner of the Hillcrest Subdivision; thence south along the West line of said Hillcrest Subdivision to the Northwest Corner of the Happy Hollow Subdivision; thence west along the north corporate limits to the Northeast Corner of the Northwest Quarter (NW ¼) of the Southwest Quarter (SW ¼) of Section Twenty-six (26), Township Ninety-eight (98) North, Range Twenty-four (24) West of the 5 th P.M.; thence south along the west corporate limits to the Winnebago River; thence following the Winnebago River to the intersection of the Winnebago River and 7 th Street extended; thence West on Halvorson to the intersection of Halvorson Street and 9 th

Street; thence South on 9th to the intersection of 9th Street and “O” Street; thence East on “O” Street to the intersection of “O” Street and 8 th Street; thence South on 8th

Street to the intersection of 8th Street and “J” Street; thence East on “J” Street to the intersection of “J” Street and 6th Street; thence south on 6th Street to the intersection of “G” Street and 6th Street; thence east on “G” Street to the intersection of “G” Street and Central Street; thence north on Central Street to the intersection of Central Street and “J” Street; thence east on “J” Street to the intersection of “J” Street and Golf Course Road; thence south on South Golf Course Road to the intersection of South Golf Course Road and “J” Street; thence east on “J” Street to the City limits of the City of Forest City; thence north along the east City limits of the City; thence west along the north City limits to the point of beginning.

2. The Second Precinct consists of that portion of the City beginning at the intersection of the west corporate limits and the Winnebago River; thence following the Winnebago River to the intersection of the Winnebago River and 7 th Street extended; thence West on Halvorson to the intersection of Halvorson Street and 9 th

Street; thence South on 9th to the intersection of 9th Street and “O” Street; thence East on “O” Street to the intersection of “O” Street and 8 th Street; thence South on 8th

Street to the intersection of 8th Street and “J” Street; thence East on “J” Street to the intersection of “J” Street and 6th Street; thence south on 6th Street to the intersection of “I” Street and 6th Street; thence west on “I” Street to the intersection of “I” Street and 8th Street; thence south to the intersection of 8 th Street and “G” Street; thence west on “G” Street to the intersection of “G” Street and John K. Hanson Drive; thence south and west on John K. Hanson Drive to the intersection of John K. Hanson Drive and the west line of the B. Johanson Subdivision; thence north along the west line of the B. Johanson Subdivision to the intersection of said west line with “I” Street; thence west on “I” Street to the intersection of “I” Street and Spring Valley Road; thence north on Spring Valley Road to the north line of the Forest City corporate limits; thence continuing east from this point along said north corporate limits; thence north along the west corporate limits to the intersection of the corporate limits with the Winnebago River; the point of beginning.


CHAPTER 3 BOUNDARIES

3. The Third Precinct consists of that portion of the City beginning at the intersection of Spring Valley Road and "I” Street; thence south on Spring Valley Road to the Winnebago-Hancock County Boundary line; thence east on said County line to the intersection of said County line and 6th Street; thence north on 6th Street to the intersection of 6th Street and “B” Street; thence west on “B” Street to the intersection of “B” Street and 8th Street; thence north on 8th Street to the intersection of 8th Street and “G” Street; thence west on “G” Street to the intersection of “G” Street and John K. Hanson Drive; thence south and west on John K. Hanson Drive to the intersection of John K. Hanson Drive and the west line of the B. Johanson Subdivision; thence north along the west line of the B. Johanson Subdivision to the intersection of said west line with “I” Street; thence continuing west on “I” Street to the intersection of “I” Street and Spring Valley Road, the point of beginning.

4. The Fourth Precinct consists of that portion of the City beginning at a point at the intersection of “J” Street with the east corporate boundary of the City; thence west along “J” Street to the intersection of “J” Street and South Golf Course Road; thence north on South Golf Course Road to the intersection of Golf Course Road and “J” Street; thence west on “J” Street to the intersection of “J” Street and Central Street; thence south on Central Street to the intersection of Central Street and “G” Street; thence west on “G” Street to the intersection of “G” Street and 6 th Street; thence north on 6th Street to the intersection of 6th Street and “I” Street; thence west on “I” Street to the intersection of “I” Street and 8 th Street; thence south on 8th Street to the intersection of 8th Street and “B” Street; thence east on “B” Street to the intersection of “B” Street and 6th Street; thence south on 6th Street to the Winnebago-Hancock County Boundary line; thence east on the Winnebago-Hancock County Boundary line to the Southeast corner of Prairie View Estates Subdivision; thence North on the East line of said Prairie View Estates Subdivision to the Northeast corner of said Prairie View Estates Subdivision; thence West on the North boundary of said Prairie View Estates Subdivision to the east line of the Forest City Corporate limits; thence north on the east corporate limits to the intersection of said east corporate limits with “J” Street, also the place of beginning.

5. The Fifth Precinct consists of the portion of the City lying in Hancock County.

The First Ward consists of the First Precinct; the Second Ward consists of the Second Precinct; the Third Ward consists of the Third Precinct; the Fourth Ward consists of the Fourth Precinct and the Fifth Precinct.

(Section 3.01 - Ord. 718 – Aug. 11 Supp.)



CHAPTER 4

MUNICIPAL INFRACTIONS 4.01 Municipal Infraction 4.04 Civil Citations4.02 Environmental Violation 4.05 Alternative Relief4.03 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:


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

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.


CHAPTER 4 MUNICIPAL INFRACTIONS

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

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

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

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

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. A copy of the citation may be served by personal service as provided in Rule of Civil Procedure 1.305, by certified mail addressed to the defendant at defendant’s last known mailing address, return receipt requested, or by publication in the manner as provided in Rule of Civil Procedure 1.310 and subject to the conditions of Rule of Civil Procedure 1.311. A copy of the citation shall be retained by the issuing officer, and the original citation shall be sent to the Clerk of the District Court. The citation shall serve as notification that a civil offense has been committed and shall contain the following information:


1. The name and address of the defendant.

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

3. The location and time of the infraction.

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

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

6. The time and place of court appearance.

7. The penalty for failure to appear in court.

8. The legal description of the affected real property, if applicable.

If the citation affects real property and charges a violation relating to the condition of the property, including a building code violation, a local housing regulation violation, a housing code violation, or a public health or safety violation, after filing the citation with the Clerk of the District Court, the City shall also file the citation in the office of the County Treasurer.

(Ord. 707 – Oct. 10 Supp.)

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.


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.



CHAPTER 5

OPERATING PROCEDURES5.01 Oaths 5.07 Conflict of Interest5.02 Bonds 5.08 Resignations5.03 Duties: General 5.09 Removal of Appointed Officers and Employees5.04 Books and Records 5.10 Vacancies5.05 Transfer to Successor 5.11 Gifts5.06 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.


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 Forest City as now or hereafter required by law.”


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

A. Mayor

B. City Clerk

C. Members of all boards, commissions or bodies created by law.(Code of Iowa, Sec. 63A.2)

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

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


2. Bonds Approved. Bonds shall be approved by the Council.(Code of Iowa, Sec. 64.19)

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


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.


CHAPTER 5 OPERATING PROCEDURES


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.


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

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

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


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

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


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


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


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


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


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


5.07 CONFLICT OF INTEREST. A City officer or employee shall not have an interest, direct or indirect, in any contract or job of work or material or the profits thereof or services to



be furnished or performed for the City, unless expressly permitted by law. A contract entered into in violation of this section is void. The provisions of this section do not apply to:


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


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


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


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


5. Newspaper. The designation of an official newspaper. (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.


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.


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


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


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




12. Third Party Contracts. A contract that is a bond, note or other obligation of the City and the contract is not acquired directly from the City but is acquired in a transaction with a third party who may or may not be the original underwriter, purchaser or obligee of the contract.


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


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


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


1. Appointment. By appointment, following public notice, by the remaining members of the Council. The appointment shall be made within sixty (60) days after the vacancy occurs and shall be for the period until the next regular City election unless there is an intervening special election for the City, in which event the election for the office shall be placed on the ballot at such special election. If the Council chooses to proceed under this subsection, the Council shall publish notice of the appointment in accordance with Section 372.13 of the Code of Iowa. 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. Special 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])(Ord. 743 – Aug. 14 Supp.)

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 6

CITY ELECTIONS 6.01 Nominating Method to be Used 6.04 Preparation of Petition and Affidavit6.02 Nominations by Petition 6.05 Filing, Presumption, Withdrawals, Objections6.03 Adding Name by Petition 6.06 Persons Elected

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


6.02 NOMINATIONS BY PETITION. Nominations for elective municipal offices of the City may be made by nomination paper or papers signed by not less than twenty-five (25) eligible electors, residents of the City.


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


6.04 PREPARATION OF PETITION AND AFFIDAVIT. Nomination papers shall include a petition and an affidavit of candidacy. The petition and affidavit shall be substantially in the form prescribed by the State Commissioner of Elections, shall include information required by the Code of Iowa, and shall be signed in accordance with the Code of Iowa.

(Code of Iowa, Sec. 45.3, 45.5 & 45.6)

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


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



CHAPTER 6 CITY ELECTIONS



CHAPTER 7

FISCAL MANAGEMENT 7.01 Purpose 7.05 Operating Budget Preparation7.02 Finance Officer 7.06 Budget Amendments7.03 Cash Control 7.07 Accounting7.04 Fund Control 7.08 Financial Reports

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

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

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

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

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

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

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

4. Meeting Expense Fund. There is established an maintained a meeting expense fund to cover the cost of trips taken and meetings attended by City officials.

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.


CHAPTER 7 FISCAL MANAGEMENT

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.


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


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


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


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

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

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

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

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

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

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

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

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

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

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



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




CHAPTER 8

INDUSTRIAL PROPERTY TAX EXEMPTIONS8.01 Purpose 8.06 Applications8.02 Definitions 8.07 Approval8.03 Period of Partial Exemption 8.08 Exemption Repealed8.04 Amounts Eligible for Exemption 8.09 Dual Exemptions Prohibited8.05 Limitations

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

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

1. “Actual value added” means the actual value added as of the first year for which the exemption is received.

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

3. “New construction” means new buildings and structures and includes new buildings and structures which are constructed as additions to existing buildings and structures. New construction does not include reconstruction of an existing building or structure which does not constitute complete replacement of an existing building or structure or refitting of an existing building or structure unless the reconstruction of an existing building or structure is required due to economic obsolescence and the reconstruction is necessary to implement recognized industry standards for the manufacturing and processing of specific products and the reconstruction is required for the owner of the building or structure to continue competitively to manufacture or process those products, which determination shall receive prior approval from the City Council of the City upon the recommendation of the Iowa Department of Economic Development.

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

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

8.03 PERIOD OF PARTIAL EXEMPTION. The actual value added to industrial real estate by the new construction of industrial real estate, research-service facilities, warehouses and distribution centers is eligible to receive a partial exemption from taxation for a period of five (5) years.



CHAPTER 8 INDUSTRIAL PROPERTY TAX EXEMPTIONS

8.04 AMOUNTS ELIGIBLE FOR EXEMPTION. The amount of actual value added which is eligible to be exempt from taxation shall be as follows:


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

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

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

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

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

8.05 LIMITATIONS. The granting of the exemption under this chapter for new construction constituting complete replacement of an existing building or structure shall not result in the assessed value of the industrial real estate being reduced below the assessed value of the industrial real estate before the start of the new construction added.


8.06 APPLICATIONS. An application shall be filed for each project resulting in actual value added for which an exemption is claimed.


1. The application for exemption shall be filed by the owner of the property with the local assessor by February 1 of the assessment year in which the value added is first assessed for taxation.

2. Applications for exemption shall be made on forms prescribed by the Director of Revenue and shall contain information pertaining to the nature of the improvement, its cost, and other information deemed necessary by the Director of Revenue.

8.07 APPROVAL. A person may submit a proposal to the City Council to receive prior approval for eligibility for a tax exemption on new construction. If the City Council resolves to consider such proposal, it shall publish notice and hold a public hearing thereon. Thereafter, at least thirty (30) days after such hearing the City Council, by ordinance, may give its prior approval of a tax exemption for new construction if the new construction is in conformance with City zoning. Such prior approval shall not entitle the owner to exemption from taxation until the new construction has been completed and found to be qualified real estate.


8.08 EXEMPTION REPEALED. When in the opinion of the City Council continuation of the exemption granted by this chapter ceases to be of benefit to the City, the City Council may repeal this chapter, but all existing exemptions shall continue until their expiration.


8.09 DUAL EXEMPTIONS PROHIBITED. A property tax exemption under this chapter shall not be granted if the property for which the exemption is claimed has received any other property tax exemption authorized by law.



CHAPTER 9

URBAN RENEWAL

EDITOR’S NOTE

The following ordinances not codified herein, and specifically saved from repeal, have been adopted establishing Urban Renewal Areas in the City and remain in full force and effect.

ORDINANCE NO.

ADOPTED NAME OF AREA

580 November 1, 1999 Forest City Northeast Urban Renewal Project Area

581 November 1, 1999 Forest City Highway 69 South Urban Renewal Project Area

589 July 17, 2000 J Street/Highway 69 Urban Renewal Project Area599 November 20, 2000 Woodland Knoll Urban Renewal Project Area610 March 4, 2002 Southwest Urban Renewal Project Area

641 December 6, 2004 Forest City Prairie View Economic Development District Urban Renewal Project Area

649 June 20, 2005 Project 1 TIF Area650 June 20, 2005 Project 2 TIF Area

654 August 5, 2005 Forest City Urban Renewal Area/ Commercial Urban Renewal Project Area

672 October 2, 2006 Amended J Street/Highway 69 Urban Renewal Project Area


CHAPTER 9 URBAN RENEWAL


CHAPTER 10

REVITALIZATION AREAS10.01 Urban Revitalization Area 10.02 Commercial Revitalization Area

10.01 URBAN REVITALIZATION AREA. In accordance with Chapter 404 of the Code of Iowa, a revitalization area is established for the City, consisting of the entire area within the corporate boundaries of the City, in the Counties of Winnebago and Hancock, Iowa, as established on August 29, 2003.

EDITOR’S NOTE

Ordinance No. 421, adopted January 19, 1989, designated the Urban Revitalization Area for the City. Ordinance No. 477, adopted April 5, 1993, amended the City’s Urban Revitalization Plan by extending its provisions for six (6) additional years. Ordinance No. 559, adopted April 6, 1998, amended the City’s Urban Revitalization Plan by extending its provisions for six (6) additional years. Ordinance No. 630, adopted December 15, 2003, amended the City’s Urban Revitalization Plan by extending provisions into newly annexed areas. The last abatement for said revitalization shall be as determined in January 2004, payable in Fiscal Year 2005 – 2006. Ordinance No. 660, adopted October 17, 2005, amended the Forest City Residential Revitalization Plan by extending its provisions for six (6) additional years. Ordinance No. 721, adopted November 21, 2011, amended the Forest City Residential Revitalization Plan by extending its provisions for six (6) additional years.

10.02 COMMERCIAL REVITALIZATION AREA. In accordance with Chapter 404 of the Code of Iowa, the area described as:

The entire area within the corporate limits of the City of Forest City, Iowa

is hereby designated as a revitalization area, which shall be known as the Forest City Commercial Revitalization Area of the City of Forest City, Iowa.

EDITOR’S NOTE

Ordinance No. 659, adopted October 17, 2005, amended the Forest City Commercial Revitalization Plan by extending its provisions for six (6) additional years. Ordinance No. 720, adopted November 21, 2011, amended the Forest City Commercial Revitalization Plan by extending its provisions for six (6) additional years.


CHAPTER 10 REVITALIZATION AREAS



CHAPTER 11

HOTEL/MOTEL TAX11.01 Tax Imposed 11.03 Collection11.02 Definitions 11.04 Restrictions on Use of Revenues

11.01 TAX IMPOSED. There is imposed a seven percent (7%) hotel and motel tax upon the sales price from the renting of sleeping rooms, apartments or sleeping quarters in a hotel, motel, inn, public lodging house, rooming house, manufactured or mobile home which is tangible personal property, or tourist court or in any place where sleeping accommodations are furnished to transient guests for rent, whether with or without meals, except the sales price from the renting of sleeping rooms in dormitories and memorial unions at all universities and colleges located in the State.

(Code of Iowa, Sec. 423A.1)

11.02 DEFINITIONS. “Renting” and “rent,” as used in this chapter, include any kind of direct or indirect charge for the use of sleeping rooms, apartments or sleeping quarters. However, the tax imposed in this chapter does not apply to the sales price from the renting of a sleeping room, apartment or sleeping quarters while rented by the same person for a period of more than thirty-one (31) consecutive days.


11.03 COLLECTION. The tax imposed in this chapter shall be remitted by the person or company liable for same to the State Director of Revenue in the manner required by State law.


11.04 RESTRICTIONS ON USE OF REVENUES. The revenue derived from the tax imposed by this chapter shall be accounted for as follows:

1. All revenue received by the City from the imposition of the hotel and motel tax shall be deposited in the General Fund of the City.

2. At least fifty percent (50%) of the revenue derived from the hotel and motel tax shall be spent for the acquisition of sites for, or constructing, improving, enlarging, equipping, repairing, operating or maintaining recreational, convention, cultural or entertainment facilities, including, but not limited to, memorial buildings, halls and monuments, civic centers, convention buildings, auditoriums, coliseums and parking areas or facilities located at those recreational, convention, cultural or entertainment facilities, or the payment of principal and interest on bonds or other evidence of indebtedness issued by the City for those recreational, convention, cultural or entertainment facilities, or for the promotion and encouragement of tourist and convention business in the City and surrounding areas.

3. The remaining revenues may be spent by the City for any lawful purpose for which revenues derived from ad valorem taxes may be expended.


CHAPTER 11 HOTEL/MOTEL TAX



CHAPTER 15

MAYOR15.01 Term of Office 15.04 Compensation15.02 Powers and Duties 15.05 Voting15.03 Appointments

15.01 TERM OF OFFICE. The Mayor is elected for a term of four years. (Code of Iowa, Sec. 376.2)

15.02 POWERS AND DUTIES. The powers and duties of the Mayor are as follows:

1. Chief Executive Officer. Act as the chief executive officer of the City and presiding officer of the Council, supervise all departments of the City, give direction to department heads concerning the functions of the departments, and have the power to examine all functions of the municipal departments, their records and to call for special reports from department heads at any time.


2. Proclamation of Emergency. Have authority to take command of the police and govern the City by proclamation, upon making a determination that a time of emergency or public danger exists. Within the City limits, the Mayor has all the powers conferred upon the Sheriff to suppress disorders.


3. Special Meetings. Call special meetings of the Council when the Mayor deems such meetings necessary to the interests of the City.


4. Mayor’s Veto. Sign, veto or take no action on an ordinance, amendment or resolution passed by the Council. The Mayor may veto an ordinance, amendment or resolution within fourteen days after passage. The Mayor shall explain the reasons for the veto in a written message to the Council at the time of the veto.

(Code of Iowa, Sec. 380.5 & 380.6[2])

5. Reports to Council. Make such oral or written reports to the Council as required. These reports shall concern municipal affairs generally, the municipal departments, and recommendations suitable for Council action.

6. Negotiations. Represent the City in all negotiations properly entered into in accordance with law or ordinance. The Mayor shall not represent the City where this duty is specifically delegated to another officer by law, ordinance, or Council direction.

7. Contracts. Whenever authorized by the Council, sign contracts on behalf of the City.

8. Professional Services. Upon order of the Council, secure for the City such specialized and professional services not already available to the City. In executing the order of the Council, the Mayor shall act in accordance with the Code of Ordinances and the laws of the State.


CHAPTER 15 MAYOR

9. Nuisances. Issue written order for removal, at public expense, any nuisance for which no person can be found responsible and liable.

10. Absentee Officer. Make appropriate provision that duties of any absentee officer be carried on during such absence.

15.03 APPOINTMENTS. The Mayor shall appoint the Mayor Pro Tem and the Mayor also appoints, with Council approval, the following officials:


1. Police Chief

2. Library Board of Trustees

3. Board of Cemetery Trustees

4. Cable Television Commission

15.04 COMPENSATION. The salary of the Mayor is three thousand dollars ($3,000.00) per year.


15.05 VOTING. The Mayor is not a member of the Council and shall not vote as a member of the Council.



CHAPTER 16

MAYOR PRO TEM 16.01 Vice President of Council 16.03 Voting Rights16.02 Powers and Duties 16.04 Compensation

16.01 VICE PRESIDENT OF COUNCIL. The Mayor shall appoint a member of the Council as Mayor Pro Tem, who shall serve as vice president of the Council.


16.02 POWERS AND DUTIES. Except for the limitations otherwise provided herein, the Mayor Pro Tem shall perform the duties of the Mayor in cases of absence or inability of the Mayor to perform such duties. In the exercise of the duties of the office the Mayor Pro Tem shall not have power to appoint, employ or discharge from employment, officers or employees that the Mayor has the power to appoint, employ or discharge without the approval of the Council.


16.03 VOTING RIGHTS. The Mayor Pro Tem shall have the right to vote as a member of the Council.


16.04 COMPENSATION. If the Mayor Pro Tem performs the duties of the Mayor during the Mayor’s absence or disability for a continuous period of fifteen (15) days or more, the Mayor Pro Tem may be paid for that period the compensation as determined by the Council, based upon the Mayor Pro Tem’s performance of the Mayor’s duties and upon the compensation of the Mayor.



CHAPTER 16 MAYOR PRO TEM


CHAPTER 17

COUNCIL 17.01 Number and Term of Council 17.04 Council Meetings17.02 Powers and Duties 17.05 Appointments17.03 Exercise of Power 17.06 Compensation

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


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


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

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

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


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


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


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



CHAPTER 17 COUNCIL

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


1. Action by Council. Passage of an ordinance, amendment or resolution requires a majority vote of all of the members of the Council. Passage of a motion requires a majority vote of a quorum of the Council. A resolution must be passed to spend public funds in excess of one hundred thousand dollars ($100,000.00) on a public improvement project, or to accept public improvements and facilities upon their completion. Each Council member’s vote on a measure must be recorded. A measure which fails to receive sufficient votes for passage shall be considered defeated.


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


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

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


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

(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.


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


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



CHAPTER 17 COUNCIL

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 regular meetings of the Council are on the first and third Mondays of each month at 7:00 p.m. at Council chambers at City Hall. If such day falls on a legal holiday, the meeting is held the following day at the same time unless a different day or time is determined by the Council.

2. Special Meetings. Special meetings shall be held upon call of the Mayor or upon the request of a majority of the members of the Council.


3. Quorum. A majority of all Council members is a quorum. (Code of Iowa, Sec. 372.13[1])

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


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

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

1. City Clerk

2. City Attorney

3. Planning and Zoning Commission

4. Airport Zoning Commission

5. Airport Commission

6. Zoning Board of Adjustment

17.06 COMPENSATION. The salary of each Council member is one hundred dollars ($100.00) per month.



CHAPTER 17 COUNCIL


CHAPTER 18

CITY CLERK 18.01 Appointment and Compensation 18.08 Records18.02 Powers and Duties: General 18.09 Attendance at Meetings18.03 Publication of Minutes 18.10 Issue Licenses and Permits18.04 Recording Measures 18.11 Notify Appointees18.05 Publication 18.12 Elections18.06 Authentication 18.13 City Seal18.07 Certify Measures

18.01 APPOINTMENT AND COMPENSATION. At its first meeting in January each year the Council shall appoint by majority vote a City Clerk to serve for a term of one year. The Clerk shall receive such compensation as established by resolution of the Council.


18.02 POWERS AND DUTIES: GENERAL. The Clerk, or in the Clerk’s absence or inability to act, the Deputy Clerk has the powers and duties as provided in this chapter, this Code of Ordinances and the law.

18.03 PUBLICATION OF MINUTES. The Clerk 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 claims.


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

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

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

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


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


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



CHAPTER 18 CITY CLERK

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


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

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


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


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

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

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

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

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


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


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




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


18.12 ELECTIONS. The Clerk shall perform the duties relating to elections in accordance with Chapter 376 of the Code of Iowa. (Ord. 743 – Aug. 14 Supp.)

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


CHAPTER 19

CITY TREASURER 19.01 Appointment 19.03 Duties of Treasurer19.02 Compensation 19.04 Boards and Commissions

19.01 APPOINTMENT. The City Clerk is the Treasurer and performs all functions required of the position of Treasurer.

19.02 COMPENSATION. The Clerk receives no additional compensation for performing the duties of the Treasurer.

19.03 DUTIES OF TREASURER. The duties of the Treasurer are as follows: (Code of Iowa, Sec. 372.13[4])

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

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

3. Record Receipts. Keep an accurate record of all money or securities received by the Treasurer 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 by the Treasurer from special assessments.

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

7. Reconciliation. Reconcile depository statements with the Treasurer’s books 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.

19.04 BOARDS AND COMMISSIONS. The City Treasurer is the Treasurer of the Park Commission, Library Board, Cemetery Board, and Airport Commission, and pays out all money under control of the respective boards on orders signed by the respective Chairs and Secretaries of such boards, but receives no additional compensation for such services.


CHAPTER 19 CITY TREASURER


CHAPTER 20

CITY ATTORNEY 20.01 Appointment and Compensation 20.05 Review and Comment20.02 Attorney for City 20.06 Provide Legal Opinion20.03 Power of Attorney 20.07 Attendance at Council Meetings20.04 Ordinance Preparation 20.08 Prepare Documents

20.01 APPOINTMENT AND COMPENSATION. The Council shall appoint by majority vote a City Attorney to serve for a term of one year. The City Attorney shall receive such compensation as established by resolution of the Council.


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


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


20.04 ORDINANCE PREPARATION. The City Attorney shall prepare those ordinances which the Council may desire and direct to be prepared and report to the Council upon all such ordinances before their final passage by the Council and publication.


20.05 REVIEW AND COMMENT. The City Attorney shall, upon request, make a report to the Council giving an opinion on all contracts, documents, resolutions, or ordinances submitted to or coming under the City Attorney’s notice.


20.06 PROVIDE LEGAL OPINION. The City Attorney shall give advice or a written legal opinion on City contracts and all questions of law relating to City matters submitted by the Mayor, Council, City Administrator, City Clerk and department heads.


20.07 ATTENDANCE AT COUNCIL MEETINGS. The City Attorney shall attend meetings of the Council at the request of the Mayor or Council.


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



CHAPTER 20 CITY ATTORNEY


CHAPTER 21

LIBRARY BOARD OF TRUSTEES21.01 Public Library 21.07 Nonresident Use21.02 Library Trustees 21.08 Expenditures21.03 Qualifications of Trustees 21.09 Annual Report21.04 Organization of the Board 21.10 Injury to Books or Property21.05 Powers and Duties 21.11 Theft21.06 Contracting with Other Libraries 21.12 Notice Posted

21.01 PUBLIC LIBRARY. The public library for the City is known as the Forest City 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 resident members. All members are to be appointed by the Mayor with the approval of the Council.

21.03 QUALIFICATIONS OF TRUSTEES. All members of the Board shall be bona fide citizens and residents of the City. 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 years, except to fill vacancies. Each term shall commence on July 1. Appointments shall be made every two years of one-third 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 City 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


CHAPTER 21 LIBRARY BOARD OF TRUSTEES

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 by action against the Council.

(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.

(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.


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


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 months or more after the date the person agreed to return the Library materials, or failure to return Library equipment for one 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.




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



CHAPTER 22

PLANNING AND ZONING COMMISSION 22.01 Planning and Zoning Commission 22.04 Compensation22.02 Term of Office 22.05 Powers and Duties22.03 Vacancies

22.01 PLANNING AND ZONING COMMISSION. The City Planning and Zoning Commission, hereinafter referred to as the Commission, consists of nine members, seven of whom are residents of the City. The resident members shall be appointed by the Council and shall not hold any elective office in the City government. The additional two members of the Commission are one member of the County Board of Supervisors, or a person designated by the Board, and one resident of the area outside the City over which the zoning jurisdiction of the City has been extended, both appointed by the County Board of Supervisors. A person designated by the Board shall also be a resident of the County in which such extended area is located.

(Code of Iowa, Sec. 414.6, 414.23 & 392.1)

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


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.


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.


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.


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


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.



CHAPTER 22 PLANNING AND ZONING COMMISSION

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.


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.


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.


7. 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.



CHAPTER 23

PARK COMMISSION23.01 Park Board 23.09 Acquisition of Land23.02 Election; Term 23.10 Sale or Lease of Property23.03 Organization 23.11 Limited Leases23.04 Treasurer 23.12 Rules and Regulations23.05 Compensation 23.13 Limitation on Entering Contracts23.06 Budget Certified 23.14 Swimming Pool23.07 Jurisdiction and Authority 23.15 Penalties23.08 Poles and Wires

23.01 PARK BOARD. There shall be a Board of Park Commissioners for the City consisting of five (5) citizens of legal age.

23.02 ELECTION; TERM. One Commissioner shall be elected at each regular City election for a term of four (4) years.

23.03 ORGANIZATION. Within ten (10) days following the regular City election, the Commission shall elect one of its members as Chairperson and one as Secretary.

23.04 TREASURER. The City Treasurer is the Treasurer of the Park Commission and pays out all moneys under the control of the Park Commission on orders signed by the Chairperson and Secretary, but receives no compensation for such services.

23.05 COMPENSATION. There shall be no compensation attached to the office of Park Commissioner, and all services performed by said Commissioner shall be rendered without compensation therefor.

23.06 BUDGET CERTIFIED. The Park Commission shall submit to the finance officer a proposed budget and tax levy for general park purposes for the ensuing fiscal year. The Council shall include such tax levy, or so much thereof as it may deem necessary, in the levy for the General Fund of the City as certified to the County Auditor.

23.07 JURISDICTION AND AUTHORITY. The Park Commission has exclusive control of all parks and pleasure grounds acquired by it and of any other ground owned by the City and set apart for like purposes within or outside of the City. All ordinances of the City shall be in full force and effect in and over the territory occupied by such parks.

23.08 POLES AND WIRES. The Park Commission may regulate or forbid the erection of poles or the stretching of wire for electric light, street, railway, or other purposes in such parks or in or along streets or highways or over public places laid out or controlled by it.

23.09 ACQUISITION OF LAND. The Park Commission may acquire, subject to Council approval, real estate within or outside the City for park purposes by donation, lease, purchase, or condemnation, take the title to real estate in the name of the Park Commission in trust for the public and hold it exempt from taxation.


CHAPTER 23 PARK COMMISSION

23.10 SALE OR LEASE OF PROPERTY. Subject to the approval of the Council, the Park Commission may sell, exchange, or lease any real estate acquired by it which in its discretion is unfit, not desirable, unnecessary, or not required for park purposes.

23.11 LIMITED LEASES. The Park Commission may lease under reasonable rates and requirements a particular park or portion thereof, as follows:

1. Organizations. For a period not in excess of ten (10) days to charitable, to fraternal and patriotic organizations for the conduct of celebrations, anniversaries and entertainment.

2. Professional Games. For a time not to exceed six (6) consecutive months, for the purpose of permitting the playing of professional baseball or other professional games.

23.12 RULES AND REGULATIONS. The Park Commission shall have the power to make rules and regulations for the use of park or other facilities under its control. Such rules shall be posted on the facility or otherwise publicized in a manner to provide adequate notice to the public.

23.13 LIMITATION ON ENTERING CONTRACTS. Unless prior approval is obtained from the Council, the Commission shall have no power to contract debts, including leases, lease-purchase agreements, or any long-term contracts, beyond the amount of its original or amended appropriation as approved by the Council for the present year.

23.14 SWIMMING POOL. The Commission shall have exclusive control of the City swimming pool and the area surrounding it which is incidental to or a part of the pool.

23.15 PENALTIES. Any person who violates a Park Commission rule or regulation which has been approved by the Council and adopted by ordinance may be subjected to the penalties provided for in the ordinance adopting the rule or regulation.



CHAPTER 24

AIRPORT ZONING COMMISSION 24.01 Airport Zoning Commission 24.03 Powers and Duties24.02 Terms of Office 24.04 Limitation on Entering Contracts

24.01 AIRPORT ZONING COMMISSION. There is created an Airport Zoning Commission consisting of three members who are residents of the City and appointed by the Council.


24.02 TERMS OF OFFICE. The members of the Commission are appointed for overlapping terms of five (5) years. Any vacancy occurring on the Airport Zoning Commission caused by resignation or otherwise shall be filled by the Council. All members of the Commission shall serve without compensation except for their actual expenses which shall be subject to approval by the Council.


24.03 POWERS AND DUTIES. The Commission shall have all the powers, duties and authority vested in it by the laws of the State, now in effect or which may be hereafter enacted, and by resolution and ordinances of the City.



CHAPTER 24 AIRPORT ZONING COMMISSION


CHAPTER 25

AIRPORT COMMISSION 25.01 Airport Commission 25.06 Officers25.02 Appointment and Term 25.07 Powers and Duties25.03 Vacancies 25.08 Limitation on Entering Contracts25.04 Compensation 25.09 Rules; Violation and Penalty25.05 Bond

25.01 AIRPORT COMMISSION. There shall be an Airport Commission consisting of five resident voters, each of whom shall be a resident of the City or Winnebago or Hancock Counties. At least three of the members of the five-member Commission shall be residents of the City of Forest City, Iowa. (Ord. 692 – Jun. 09 Supp.)


25.02 APPOINTMENT AND TERM. Commissioners shall be appointed by the Council for staggered terms of six years, commencing on January 1 of the year of appointment.


25.03 VACANCIES. Vacancies shall be filled by appointment of the Council to fill out the unexpired term for which the appointment was made.


25.04 COMPENSATION. Members of the Commission shall serve without compensation. (Code of Iowa, Sec. 330.20)

25.05 BOND. Each Commissioner shall execute and furnish a bond in the amount of two thousand dollars ($2,000.00), which bond shall be filed with the City Clerk.


25.06 OFFICERS. Every two years The Commission shall elect from its own members a Chairperson and Secretary. The City Treasurer shall be ex officio treasurer of the Commission.


25.07 POWERS AND DUTIES. The Commission shall have full control and management of the real and personal property owned by the City for airport purposes, control of all appropriations granted by the Council, including the power to establish fees, rents, concessions and charges for use of the property and services of the airport facilities and staff. It shall have the power to employ a manager, by whatever title, and such assistants and employees as it deems necessary subject to the amounts provided for such purpose by the Council through budgetary appropriation for airport operation, maintenance and improvement. The Commission shall submit to the finance officer a proposed budget and tax levy for airport operation expenditures for the ensuing fiscal year. Where the Council must consider one-year or two-year future year estimates, the Commission shall submit its estimates for those years. The appropriations so allocated shall be under the full and absolute control of the Commission for purposes prescribed by law and the Clerk and Treasurer shall not pay any claim except upon the written order of the Commission. The Clerk shall write the checks and keep the accounts of the airport and the Commission shall follow the purchasing procedures set by the Council.


CHAPTER 25 AIRPORT COMMISSION


25.09 RULES; VIOLATION AND PENALTY.

1. Every person using the airport or entering upon airport property shall comply with the rules established by the Commission.

2. Such rules shall be posted in two or more prominent locations on airport property.

3. Following notice to a person who violates an operating rule of the Commission or State or Federal air law, and hearing on a charge of such violation, the Commission may deny such person charged the use of the airport or its facilities if it is shown that the violation caused serious danger to other users or to property, showed negligence or that there had been a pattern of repeated violations such as to eliminate the probability of inadvertence in committing the violation. The denial order shall state a term, not exceeding one year. Such rules shall extend to the air space above the airport, the land within the City limits and the area within two miles of the boundaries of the airport regardless of the territorial limits of the airport or City, as the Commission shall provide.


CHAPTER 26

BOARD OF CEMETERY TRUSTEES26.01 Creation of Board; Qualifications 26.06 Compensation26.02 Powers 26.07 Sale of Interment Rights26.03 Limitation on Entering Contracts 26.08 Establishment of Trust Fund26.04 Appointments; Vacancies 26.09 Perpetual Care Registry26.05 Meetings

26.01 CREATION OF BOARD; QUALIFICATIONS. There is created a Board of Cemetery Trustees, composed of three (3) members, each of whom shall be of legal age and a resident of the City.

26.02 POWERS. The management, control and operation of the municipally owned cemetery is transferred to and vested in the Board of Trustees with full power and authority to sell and convey burial lots, enter into agreements for the perpetual care thereof, receive and invest funds, hire and compensate employees to perform labor and services required, maintain and improve the cemetery, and to have and to exercise power and authority to the extent and in the manner provided by the laws of the State and this Code of Ordinances. Pursuant to Section 523I.502 of the Code of Iowa, the Board of Trustees hereby states its willingness and intention to act as the trustee for the perpetual maintenance of the cemetery property. The Board of Trustees shall manage, control and operate the cemetery all in accordance with the provisions of Chapter 523I of the Code of Iowa.

(Code of Iowa, Sec. 523I.501 and Sec. 523I.502)

26.03 LIMITATION ON ENTERING CONTRACTS. Unless prior approval is obtained from the Council, the trustees shall have no power to contract debts, including leases, lease-purchase agreements or any long-term contracts, beyond the amount of its original or amended appropriation as approved by the Council for the present year. This section shall not be construed to prohibit the trustees from entering into contracts to sell interment rights in the municipal cemetery and collect fees and taxes therefrom. (Ord. 751 – Oct. 15 Supp.)

26.04 APPOINTMENT; VACANCIES. The trustees are appointed by the Mayor with the approval of the Council at the first regular meeting in January following each regular municipal election. Vacancies to the Board are filled as they occur by similar appointment and approval.

26.05 MEETINGS. The Board of Trustees shall meet within ten (10) days of the regular biennial appointment and elect a Chairperson and other officers deemed appropriate. The City Treasurer shall serve as the Secretary-Treasurer of the Board, but shall not be a member of the Board. All conveyances of property, releases of mortgages, agreements for perpetual care and other instruments and documents pertaining to the cemetery and its operation shall be executed by the Chairperson and the Secretary-Treasurer of the Board.

26.06 COMPENSATION. There is no compensation attached to the office of Cemetery Trustee and all services performed by said Trustees are rendered without compensation.

26.07 SALE OF INTERMENT RIGHTS. The sale or transfer of interment rights in the cemetery shall be evidenced by a certificate of interment rights or other instrument evidencing


CHAPTER 26 BOARD OF CEMETERY TRUSTEES

the conveyance of exclusive rights of interment upon payment in full of the purchase price. The agreement for interment rights shall disclose all information required by the Iowa Cemetery Act, including the amount or percentage of money to be placed in the perpetual care cemetery fund. (Ord. 751 – Oct. 15 Supp.)

26.08 ESTABLISHMENT OF TRUST FUND. A perpetual trust is hereby established for the municipally owned cemetery in accordance with Iowa Code Chapter 523I, the Iowa Cemetery Act. A restricted fund is created, to be known and designated as the “perpetual care cemetery fund,” which shall be funded by the deposit of an amount equal to or greater than twenty percent of the gross selling price, or $50.00, whichever is greater, for each sale of burial lots within the cemetery. The fund shall be administered in accordance with the purposes and provisions of Iowa Code chapter 523I.

The perpetual care cemetery fund shall be maintained separate from all operating funds of the cemetery and the principal of the fund shall not be reduced voluntarily except as specifically permitted by the Iowa Cemetery Act and applicable administrative regulations.

(Ord. 751 – Oct. 15 Supp.)

26.09 PERPETUAL CARE REGISTRY. The cemetery shall maintain a registry of individuals who have purchased interment rights in the cemetery subject to the care fund requirements of the Iowa Cemetery Act, including the amounts deposited in the perpetual care cemetery fund. (Ord. 751 – Oct. 15 Supp.)



CHAPTER 27

CITY ADMINISTRATOR27.01 Office Created 27.03 Duties27.02 Compensation 27.04 Combination with Other Offices

27.01 OFFICE CREATED. The office of City Administrator is hereby created, which shall be filled by a majority vote of Council. The appointee shall hold office during the pleasure of the Council and shall be subject to removal by a majority vote of the Council.

27.02 COMPENSATION. The City Administrator shall receive such annual salary as the Council shall from time to time determine by resolution and the payment shall be made biweekly from the Treasury of the City in the manner provided for payment of other officers and employees.

27.03 DUTIES. The powers and duties of the City Administrator shall include the duties of the City Clerk contained in Chapter 18 of the Code of Ordinances, and the following:

1. Attend all meetings of the Council unless excused by the Council.

2. Attend meetings of the administrative boards and commissions of the City as required by the Council.

3. Administration of all ordinances, resolutions, Council policies, directives and procedures.

4. Recommend to the Council such measures as he or she deems necessary or expedient for good government and the welfare of the City.

5. Prepare and administer the City’s annual operating budget.

6. Keep the Council fully advised as to financial and other conditions of the City and of its future needs.

7. Prepare and submit to the Council annually the required budgets.

8. Be responsible for all bookkeeping and accounting procedures for the City in accordance with generally accepted accounting principles. Be responsible for the completion of the annual City audit through outside contractors.

9. Conduct a continuous study of the City government’s operating procedures, organizations and facilities and made recommendations for fiscal and other policy changes to the Council whenever necessary.

10. Supervision of City personnel through department heads.

11. Employ, reclassify or discharge all employees, subject to Council approval, subject to the provisions of the Veteran’s Preference law and the Civil Service law, except the City Clerk, Police Chief and Fire Chief.

12. Supervise the official conduct and work response of all officers and employees of the City who are appointed or employed by the City Administrator.

13. Evaluate or oversee the evaluations of the performance of all City employees.


CHAPTER 27 CITY ADMINISTRATOR

14. Supervise all purchases of material and supplies and see that such materials and supplies are received and are of a quality and character called for and deemed necessary.

15. Supervise the maintenance and management of all City property.

16. Cooperate with any administrative agency or Municipal Utility Board of Trustees.

17. Perform other duties at the Council’s direction.

18. Negotiations. Represent the City in all negotiations properly entered into in accordance with law or ordinance. The City Administrator shall not represent the City where this duty is specifically delegated to another officer by law, ordinance, or Council direction.

19. Professional Services. Upon order of the Council, secure for the City such specialized and professional services not already available to the City. In executing the order of the Council, the City Administrator shall act in accordance with the Code of Ordinances and the laws of the State.

20. Nuisances. Issue written order for removal, at public expense, any nuisance for which no person can be found responsible and liable.

27.04 COMBINATION WITH OTHER OFFICES. The Council shall designate the same person to act as both the City Administrator and the City Clerk and fulfill the duties of both offices.

(Ch. 27. Ord. 758 – Aug. 16 Supp.)



CHAPTER 30

POLICE DEPARTMENT30.01 Department Established 30.06 Peace Officers Appointed30.02 Organization 30.07 Police Chief: Duties30.03 Peace Officer Qualifications 30.08 Departmental Rules30.04 Required Training 30.09 Summoning Aid30.05 Compensation 30.10 Taking Weapons

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

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

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


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

(Code of Iowa, Sec. 80B.11[2]) (IAC, 501-3 and 501-8)

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

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


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


1. General. Perform all duties required of the Police Chief by law or ordinance.

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

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


CHAPTER 30 POLICE DEPARTMENT

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


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

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

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

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

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

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

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

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


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




CHAPTER 31

RESERVE POLICE FORCE31.01 Establishment of Force 31.07 No Reduction of Regular Force31.02 Training 31.08 Compensation31.03 Status of Reserve Officers 31.09 Benefits When Injured31.04 Carrying Weapons 31.10 Liability and False Arrest Insurance31.05 Supplementary Capacity 31.11 No Participation in Pension Fund or31.06 Supervision of Officers Retirement System

31.01 ESTABLISHMENT OF FORCE. A force of reserve peace officers is hereby established. A reserve peace officer is a volunteer, non-regular, sworn member of the Police Department who will serve with or without compensation and has regular police powers while functioning as the Police Department’s representative, and will participate on a regular basis in the agency’s activities, including those of crime prevention and control, preservation of the peace and enforcement of the law.

31.02 TRAINING. Training for individuals appointed as reserve peace officers shall be provided by instructors in a community college or other facility, including a law enforcement agency, selected by the individual and approved by the law enforcement agency and the Iowa Law Enforcement Academy. All standards and training required under Chapter 80D of the Code of Iowa constitute the minimum standards for reserve peace officers. Upon satisfactory completion of training, the Iowa Law Enforcement Academy shall certify the individual as a reserve peace officer. There shall be no exemptions from the personal and training standards provided for in this chapter.

31.03 STATUS OF RESERVE OFFICERS. Reserve peace officers shall serve as peace officers on the orders and at the discretion of the Police Chief. While in the actual performance of official duties, reserve peace officers shall be vested with the same rights, privileges, obligations and duties as any other peace officer.

31.04 CARRYING WEAPONS. A member of the reserve force shall not carry a weapon in the line of duty until he or she has been approved by the Council and certified by the Iowa Law Enforcement Academy Council. After approval and certification, a reserve peace officer may carry a weapon in the line of duty only when authorized by the Police Chief.

31.05 SUPPLEMENTARY CAPACITY. Reserve peace officers shall act only in a supplementary capacity to the regular force and shall not assume full-time duties of regular peace officers without first complying with all the requirements of regular peace officers.

31.06 SUPERVISION OF OFFICERS. Reserve peace officers shall be subordinate to the Police Chief, shall not serve as peace officers unless under the direction of the Police Chief, and shall wear a uniform prescribed by the Police Chief, unless that superior officer designates alternate apparel for use when engaged in assignments involving special investigations, civil process, court duties, jail duties and the handling of mental patients. The reserve peace officer shall not wear an insignia of rank.


CHAPTER 31 RESERVE POLICE FORCE

31.07 NO REDUCTION OF REGULAR FORCE. There shall be no reduction of the authorized size of the regular law enforcement department of the City because of the establishment or utilization of reserve peace officers.

31.08 COMPENSATION. While performing official duties, each reserve peace officer shall be considered an employee of the City and shall be paid a minimum of $1.00 per year. The Council may provide additional monetary assistance for the purchase and maintenance of uniforms and equipment used by reserve peace officers.

31.09 BENEFITS WHEN INJURED. Hospital and medical assistance and benefits, as provided in Chapter 85 of the Code of Iowa, shall be provided by the Council to members of the reserve force who sustain injury in the course of performing official duties.

31.10 LIABILITY AND FALSE ARREST INSURANCE. Liability and false arrest insurance shall be provided by the City to members of the reserve force while performing official duties in the same manner as for regular peace officers.

31.11 NO PARTICIPATION IN PENSION FUND OR RETIREMENT SYSTEM. This chapter shall not be construed to authorize or permit a reserve peace officer to become eligible for participation in a pension fund or retirement system created by the laws of the State and of which regular peace officers may become members.



CHAPTER 35

FIRE DEPARTMENT 35.01 Establishment and Purpose 35.08 Constitution35.02 Organization 35.09 Accidental Injury Insurance35.03 Training 35.10 Liability Insurance35.04 Compensation 35.11 Calls Outside Fire District35.05 Election of Officers 35.12 Mutual Aid35.06 Fire Chief: Duties 35.13 Authority to Cite Violations35.07 Obedience to Fire Chief

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.


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


35.03 TRAINING. All members of the department shall meet the minimum training standards established by the State Fire Marshal and attend and actively participate in regular or special training drills or programs as directed by the Fire Chief.

(Code of Iowa, Sec. 100B.2[4])

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


35.05 ELECTION OF OFFICERS. The department shall elect a Fire Chief and such other officers as its constitution and bylaws may provide. 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.

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


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

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

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.



CHAPTER 35 FIRE DEPARTMENT

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


5. Authority to Barricade. When in charge of a fire scene, place or erect ropes, guards, barricades or other obstructions across a street, alley, right-of-way, or private property near the location of the fire or emergency so as to prevent accidents or interference with the 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.


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

(Code of Iowa, Sec. 100.2 & 100.3)

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


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


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


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.

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

35.08 CONSTITUTION. The department shall adopt a constitution and bylaws as they deem calculated to accomplish the object contemplated.

35.09 ACCIDENTAL INJURY INSURANCE. The Council shall contract to insure the City against liability for worker’s compensation and against statutory liability for the costs of hospitalization, nursing, and medical attention for volunteer 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)

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

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

35.11 CALLS OUTSIDE FIRE DISTRICT. The department shall answer calls to fires and other emergencies outside the Fire District if the Fire Chief determines that such emergency exists and that such action will not endanger persons and property within the Fire District.

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

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

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

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



CHAPTER 36

HAZARDOUS SUBSTANCE SPILLS 36.01 Purpose 36.05 Notifications36.02 Definitions 36.06 Police Authority36.03 Cleanup Required 36.07 Liability36.04 Liability for Cleanup Costs

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

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

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


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


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


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


36.03 CLEANUP REQUIRED. Whenever a hazardous condition is created by the deposit, injection, dumping, spilling, leaking or placing of a hazardous substance, so that the hazardous substance or a constituent of the hazardous substance may enter the environment or be emitted into the air or discharged into any waters, including ground waters, the responsible person


CHAPTER 36 HAZARDOUS SUBSTANCE SPILLS

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

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

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

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

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

4. The excessive and extraordinary cost incurred by the City or the agents of the City in responding at and to the scene of a hazardous condition caused by that person.

(Ord. 697 – Sep. 09 Supp.)

36.05 NOTIFICATIONS.

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

2. Any other person who discovers a hazardous condition shall notify the Police Department, which 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 PEACE40.01 Assault 40.04 Unlawful Assembly40.02 Harassment 40.05 Failure to Disperse40.03 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.


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


However, where the person doing any of the above enumerated acts, and such other person, are voluntary participants in a sport, social or other activity, not in itself criminal, and such act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk 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.


40.02 HARASSMENT. No person shall commit harassment.

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

A. Communicates with another by telephone, telegraph, writing or via electronic communication without legitimate purpose and in a manner likely to cause the other person annoyance or harm.


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



CHAPTER 40 PUBLIC PEACE

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


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


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

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

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


2. Noise. Make loud and raucous noise in the vicinity of any residence or public building which causes unreasonable distress to the occupants thereof.


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


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


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


6. Disrespect of Flag. Knowingly and publicly use the flag of the United States in such a manner as to show disrespect for the flag as a symbol of the United States, with the intent or reasonable expectation that such use will provoke or encourage another to commit trespass or assault. As used in this subsection:


A. “Deface” means to intentionally mar the external appearance.

B. “Defile” means to intentionally make physically unclean.

C. “Flag” means a piece of woven cloth or other material designed to be flown from a pole or mast.



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

E. “Show disrespect” means to deface, defile, mutilate or trample.

F. “Trample” means to intentionally tread upon or intentionally cause a machine, vehicle or animal to tread upon.

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


8. Funeral or Memorial Service. Within 500 feet of the building or other location where a funeral or memorial service is being conducted, or within 500 feet of a funeral procession or burial:

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

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

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

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


9. Fireworks within City Limits. It shall be unlawful for any person to possess, discharge, fire or use any firecrackers, rockets, torpedoes, roman candles or other fireworks designed or intended for pyrotechnic display or any pistols, canes, cannons or other appliances using blank cartridges, except for permitted displays by members of an organization sponsoring a lawful pyrotechnics exposition approved by the City Council. The Council, by resolution, may promulgate requirements for approval of a lawful pyrotechnics exposition.

(Ord. 740 – Jul. 14 Supp.)

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


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



CHAPTER 41

PUBLIC HEALTH AND SAFETY 41.01 Distributing Dangerous Substances 41.07 Antenna and Radio Wires41.02 False Reports to or Communications with Public 41.08 Barbed Wire and Electric Fences

Safety Entities 41.09 Discharging Weapons41.03 Refusing to Assist Officer 41.10 Throwing and Shooting41.04 Harassment of Public Officers and Employees 41.11 Urinating and Defecating41.05 Interference with Official Acts 41.12 Fireworks41.06 Abandoned or Unattended Refrigerators 41.13 Standing, Loitering and Obstructing

41.14 Providing False Identification Information

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.


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


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.


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.


41.05 INTERFERENCE WITH OFFICIAL ACTS. No person shall knowingly resist or obstruct anyone known by the person to be a peace officer, emergency medical care provider or fire fighter, whether paid or volunteer, in the performance of any act which is within the scope of the lawful duty or authority of that officer, emergency medical care provider or fire fighter, or shall knowingly resist or obstruct the service or execution by any authorized person of any civil or criminal process or order of any court. The terms “resist” and “obstruct” as


CHAPTER 41 PUBLIC HEALTH AND SAFETY

used in this section do not include verbal harassment unless the verbal harassment is accompanied by a present ability and apparent intention to execute a verbal threat physically.


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


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


41.08 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.

41.09 DISCHARGING WEAPONS.

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

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

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


41.11 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.

41.12 FIREWORKS. The sale, use or exploding of fireworks within the City is subject to the following:

1. Definition. The term “fireworks” includes any explosive composition, or combination of explosive substances, or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, and specifically includes blank cartridges, firecrackers, torpedoes, skyrockets, roman candles, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or other device containing any explosive substance.




2. Regulations. It is unlawful for any person to offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided the City may, upon application in writing, grant a permit for the display of fireworks by a City agency, fair associations, amusement parks and other organizations or groups of individuals approved by City authorities when such fireworks display will be handled by a competent operator. No permit shall be granted hereunder unless the operator or sponsoring organization has filed with the City evidence of insurance in the following amounts:

A. Personal Injury:.......................................$250,000 per person.B. Property Damage:....................................$50,000 C. Total Exposure:.......................................$1,000,000


3. Exceptions. This section does not prohibit the sale by a resident, dealer, manufacturer or jobber of such fireworks as are not prohibited; or the sale of any kind of fireworks if they are to be shipped out of State; or the sale or use of blank cartridges for a show or theatre, or for signal purposes in athletic sports or by railroads or trucks for signal purposes, or by a recognized military organization. This section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes.


41.13 STANDING, LOITERING AND OBSTRUCTING.

1. Standing, Loitering and Obstructing Generally. Without lawful business or reasonable cause:

A. No person shall congregate, stand, loaf or loiter upon any street, sidewalk, bridge or prevent persons passing or attempting or desiring to pass thereon.

B. No person shall congregate, stand, loaf or loiter in or in front of any hall, lobby, doorway, passage or entrance of any public building, theater, hotel, eating house, lodging house, office building, store, shop, office or factory or other like building so as to obstruct such place or hinder or prevent person walking along or into or out of such place or attempting or desiring to do so.

C. No person shall sit upon or lean upon or against any railing or other barrier about any area, entrance, basement or window to obstruct the light or prevent passage of persons or tenants occupying the building to which such area, entrance, basement or window belongs.

D. No person shall stand, loaf, loiter, or remain in or in the immediate vicinity of or frequent a public transportation terminal, whether publicly or privately owned, unless there present with intent to use or to accompany or meet a person using the public transportation there offered or to use one or some of the accessory convenience facilities operated at such terminal for the use of travelers.

E. No person shall congregate, stand, loaf, or remain in any parking garage or parking lot, whether publicly or privately owned so as to interfere with the property of others or with any person's ability to use the services afforded by the garage or lot, unless present there with the intent to park or use any other services afforded by the garage or lot.

F. No person shall congregate, stand, loiter or loaf while using property other than for its intended use, unless said use is with the authorization of the owner or the City.

The provisions of this subsection apply to persons within and outside of motor vehicles.



2. Loitering on Public Property. Without lawful business or reasonable cause: No persons shall collect, assemble or group together and, after being so collected, assembled or grouped together, stand or loiter on any sidewalk, parking or any street comer or at any other place in the City to the hindrance or obstruction to free passage of any person passing on or along any sidewalk or street in the City. The provisions of this subsection apply to persons within and outside of motor vehicles.

3. Loitering Near Government Buildings. Without lawful business or reasonable cause:

A. No person shall congregate, stand, loaf or loiter in or in front of or around any school or other public building occupied in whole or in part by any governmental subdivision, including any agency, body, department, office, board or commission and the like thereof, so as to obstruct, hinder, prevent or disrupt the normal functions carried on therein or thereat or so as to obstruct, hinder or prevent persons passing by or into or out of the school or other public building or attempting or desiring to do so.

B. Nothing contained in paragraph A of this subsection shall be held to prohibit peaceful picketing, public speaking, the ordinary conduct of a legitimate business, or other lawful expressions of opinion not in contravention of other laws.

The provisions of this subsection apply to persons within and outside of motor vehicles.

4. Vagrancy. Persons who ask for or receive any compensation, gratuity or reward for practicing fortune-telling, palmistry or clairvoyance; persons who keep a place where lost or stolen property is concealed; persons practicing or soliciting prostitution or keeping a house of prostitution; and common drunkards found in any place where intoxicating liquors are sold or kept for sale, or in an intoxicating condition, are guilty of vagrancy.

5. Penalty. Any person found guilty of a violation of any of the provisions of this section shall, upon conviction, be subject to the penalty provisions of this Code of Ordinances. Each day that a violation is allowed to continue shall constitute a separate and distinct violation. At the discretion of the City Attorney or Police Chief, any violation of the provisions of this section may be pursued as a municipal infraction according to the terms of Chapter 4 of this Code of Ordinances in lieu of criminal prosecution.

41.14 PROVIDING FALSE IDENTIFICATION INFORMATION. No person shall knowingly provide false identification information to anyone known by the person to be a peace officer, emergency medical care provider, or firefighter, whether paid or volunteer, in the performance of any act that is within the scope of the lawful duty or authority of that officer, emergency medical care provider, or firefighter. (Ord. 708 – Oct. 10 Supp.)

(Code of Iowa, Sec. 719.1A)



CHAPTER 42

PUBLIC AND PRIVATE PROPERTY 42.01 Trespassing 42.04 Unauthorized Entry42.02 Criminal Mischief 42.05 Fraud42.03 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.


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


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


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

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

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


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


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


CHAPTER 42 PUBLIC AND PRIVATE PROPERTY

extract from or of any law of the United States or the State, or any proclamation, advertisement or notification, set up at any place within the City by authority of the law or by order of any court, during the time for which the same is to remain set up.


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

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


42.06 THEFT. It is unlawful for any person to commit theft as defined in Section 714.1 of the Code of Iowa.




CHAPTER 43

DRUG PARAPHERNALIA 43.01 Purpose 43.04 Determining Factors43.02 Controlled Substance Defined 43.05 Possession of Drug Paraphernalia43.03 Drug Paraphernalia Defined 43.06 Manufacture, Delivery or Offering For Sale

43.01 PURPOSE. The purpose of this chapter is to prohibit the use, possession with intent to use, manufacture and delivery of drug paraphernalia as defined herein.

43.02 CONTROLLED SUBSTANCE DEFINED. The term “controlled substance” as used in this chapter is defined as the term “controlled substance” is defined in the Uniform Controlled Substance Act, Chapter 124 of the Code of Iowa, as it now exists or is hereafter amended.

43.03 DRUG PARAPHERNALIA DEFINED. The term “drug paraphernalia” as used in this chapter means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, concealing, containing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the Uniform Controlled Substances Act, Chapter 124 of the Code of Iowa. It includes, but is not limited to:

1. Growing Kits. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.

2. Processing Kits. Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances.

3. Isomerization Devices. Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.

4. Testing Equipment. Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.

5. Scales. Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.

6. Diluents. Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose or lactose, used, intended for use, or designed for use in cutting controlled substances.

7. Separators; Sifters. Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana.


CHAPTER 43 DRUG PARAPHERNALIA

8. Mixing Devices. Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances.

9. Containers. Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.

10. Storage Containers. Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.

11. Injecting Devices. Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.

12. Ingesting-Inhaling Device. Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing heroin, marijuana, cocaine, hashish, or hashish oil into the human body, such as:

A. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;

B. Water pipes;

C. Carburetion tubes and devices;

D. Smoking and carburetion masks;

E. Roach clips, meaning objects used to hold burning materials, such as a marijuana cigarette that has become too small or too short to be held in the hand;

F. Miniature cocaine spoons and cocaine vials;

G. Chamber pipes;

H. Carburetor pipes;

I. Electric pipes;

J. Air driven pipes;

K. Chillums;

L. Bongs;

M. Ice pipes or chillers.

43.04 DETERMINING FACTORS. In determining whether an object is drug paraphernalia for the purpose of enforcing this chapter, the following factors should be considered in addition to all other logically relevant factors:

1. Statements. Statements by an owner or by anyone in control of the object concerning its use.

2. Prior Convictions. Prior convictions, if any, of an owner, or of anyone in control of the object under any State or federal law relating to any controlled substance.

3. Proximity To Violation. The proximity of the object, in time and space, to a direct violation of the Uniform Controlled Substance Act, Chapter 124 of the Code of Iowa.



4. Proximity to Substances. The proximity of the object to controlled substances.

5. Residue. The existence of any residue of controlled substances on the object.

6. Evidence of Intent. Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of the Uniform Controlled Substances Act, Chapter 124 of the Code of Iowa.

7. Innocence of an Owner. The innocence of an owner, or of anyone in control of the object, as to a direct violation of the Uniform Controlled Substances Act, Chapter 124 of the Code of Iowa, should not prevent a finding that the object is intended for use, or designed for use as drug paraphernalia.

8. Instructions. Instructions, oral or written, provided with the object concerning its use.

9. Descriptive Materials. Descriptive materials accompanying the object which explain or depict its use.

10. Advertising. National and local advertising concerning its use.

11. Displayed. The manner in which the object is displayed for sale.

12. Licensed Distributor or Dealer. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.

13. Sales Ratios. Direct or circumstantial evidence of the ratio of sales of the object(s) to the total sales of the business enterprise.

14. Legitimate Uses. The existence and scope of legitimate uses for the object in the community.

15. Expert Testimony. Expert testimony concerning its use.

43.05 POSSESSION OF DRUG PARAPHERNALIA. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substance Act, Chapter 124 of the Code of Iowa.

43.06 MANUFACTURE, DELIVERY OR OFFERING FOR SALE. It is unlawful for any person to deliver, possess with intent to deliver, manufacture with intent to deliver, or offer for sale drug paraphernalia, intending that the drug paraphernalia will be used, or knowing, or under circumstances where one reasonably should know that it will be used, or knowing that it is designed for use to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Act, Chapter 124 of the Code of Iowa.


CHAPTER 45

ALCOHOL CONSUMPTION AND INTOXICATION45.01 Persons Under Legal Age 45.04 Open Containers on Street45.02 Public Consumption or Intoxication 45.05 Possession of Kegs in Residentially Zoned Areas45.03 Open Containers in Motor Vehicles 45.06 Consumption

45.01 PERSONS UNDER LEGAL AGE. As used in this section, “legal age” means twenty-one (21) years of age or more.

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


2. A person under legal age shall not misrepresent the person’s age for the purpose of purchasing or attempting to purchase any alcoholic beverage, wine or beer from any licensee or permittee.


45.02 PUBLIC CONSUMPTION OR INTOXICATION.

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

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

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

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

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

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


CHAPTER 45 ALCOHOL CONSUMPTION AND INTOXICATION

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


45.03 OPEN CONTAINERS IN MOTOR VEHICLES. (See Section 62.07 of this Code of Ordinances.)

45.04 OPEN CONTAINERS ON STREET. Any person on a public street, sidewalk or place who has in his or her possession any bottle, can or vessel containing any alcoholic liquor, wine or beer and said bottle, can or vessel is open and the contents thereof can be consumed shall be guilty of a simple misdemeanor.

45.05 POSSESSION OF KEGS IN RESIDENTIALLY ZONED AREAS.

1. Limitation. No more than one (1) keg may be possessed within or on the premises on which is located any dwelling unit or lodging house located in a residentially zoned area within the City. No dwelling owner or lessee shall possess or allow any other person to possess a keg contrary to this section.

2. Application for Permit. Any person desiring to obtain a permit to possess more than one keg shall fill out an application provided by the Police Chief setting forth the applicant’s full name, address, telephone number, the address within the City where the applicant will be possessing the kegs, and the reason or reasons why more than one keg should be permitted. In addition, the applicant shall be required to provide proof of identify and age in the form of a valid Iowa driver’s license or identification card, or valid driver’s license from another jurisdiction. Falsifying any information requested on the permit application shall constitute a violation of this section. The application shall be presented to the City Council for approval.

3. Exceptions. Any person or premises licensed under any other provision of State law or local ordinance may possess more than one keg and is specifically exempted from the provisions of this section.

4. Every person who purchases at retail any keg outside the City and transports such keg to any location within the City for consumption shall register his or her name and address and the other information required by this section with the City Police Department.

45.06 CONSUMPTION.

1. Misrepresentation of Age. A person under legal age shall not misrepresent the person’s age for the purpose of purchasing or attempting to purchase any alcoholic liquor, alcoholic beverage, beer or wine from any licensee or permittee.



2. Unlawful Consumption. It is unlawful for a person under legal age to consume any alcoholic liquor, alcoholic beverage, wine or beer.

3. Public Appearance. It is unlawful for a person under legal age to appear in public after consuming any alcoholic liquor, alcoholic beverage, beer or wine.

A violation of this section may be prosecuted either in the jurisdiction where the violation occurs or the jurisdiction where evidence of the consumption is observed. A violation of this section is a simple misdemeanor, punishable by a fine of not less than sixty–five dollars ($65.00) but not exceeding five hundred dollars ($500.00) or by imprisonment in the County jail not exceeding thirty (30) days.

(Ord. 686 – Apr. 09 Supp.)


CHAPTER 46

MINORS46.01 Curfew 46.03 Contributing to Delinquency46.02 Cigarettes and Tobacco

46.01 CURFEW.

1. Purpose. The Council has determined that a curfew for minors is necessary to promote the public health, safety, morals and general welfare of the City and specifically to achieve the following purposes:

A. To reinforce the primary authority and responsibility of adults responsible for minors;

B. To protect the public from the illegal acts of minors committed individually and in groups and/or gangs after the curfew hour;

C. To protect minors from criminal activity and improper influences by individuals and groups and/or gangs that prevail in public places after the curfew hour.

2. Definitions. For use in this section, the following terms are defined:

A. “Knowingly” means knowledge which a responsible adult should reasonably be expected to have concerning the whereabouts of a minor in that responsible adult’s custody. It is intended to continue to hold the neglectful or careless adult responsible for a minor to a reasonable standard of adult responsibility through an objective test. It is therefore no defense that an adult responsible for a minor was completely indifferent to the activities or conduct or whereabouts of the minor.

B. “Minor” means any unemancipated person under the age of eighteen (18) years.

C. “Non-secured custody” means custody in an unlocked multipurpose area, such as a lobby, office or interrogation room which is not designed, set aside or used as a secure detention area, and the person arrested is not physically secured during the period of custody in the area; the person is physically accompanied by a law enforcement officer or a person employed by the facility where the person arrested is being held; and the use of the area is limited to providing non-secured custody only while awaiting transfer to an appropriate juvenile facility or to court, for contacting of and release to the person’s parents or other responsible adult or for other administrative purposes; but not for longer than six (6) hours without the oral or written order of a judge or magistrate authorizing the detention. A judge shall not extend the period of time in excess of six hours beyond the initial six-hour period.

D. “Public place” includes shopping areas, parking lots, parks, playgrounds, schools (except during normal school hours or during school-sponsored activities), streets, alleys and sidewalks dedicated to public use; and also includes such parts of buildings and other premises whether publicly or privately owned which are used by the general public or to which the general public is invited commercially for a fee or otherwise; or in or on which the general public is permitted without specific invitation; or to which the general public has access. For purposes of this section, a vehicle or other conveyance is considered to be a public place when in the areas defined above.

E. “Responsible adult” means a parent, guardian or other adult specifically authorized by law or authorized by a parent or guardian to have custody or control of a minor.


CHAPTER 46 MINORS

F. “Unemancipated” means unmarried and/or still under the custody or control of a responsible adult.

3. Curfew Established.

A. No minor under 16 years of age shall be in any public place during the following times:

(1) Sunday through Thursday, 10:00 p.m. through 6:00 a.m. each day.

(2) Friday and Saturday, 11:00 p.m. through 6:00 a.m. each day.

B. No minor 16 or 17 years of age shall be in any public place during the following times:

(1) Sunday through Thursday, 12:00 midnight through 6:00 a.m.

(2) Friday and Saturday, 1:00 a.m. through 6:00 a.m.

4. Exceptions. The following are exceptions to the curfew:

A. The minor is accompanied by a responsible adult.

B. The minor is on the sidewalk or property where the minor resides or on either side of the place where the minor resides.

C. The minor is present at or is traveling between home and one of the following, allowing reasonable travel time for events outside of the City:

(1) Minor’s place of employment, within one hour after the end or before the beginning of work;

(2) Minor’s place of religious activity, within one hour after the end or before the beginning of the religious activity;

(3) Governmental or political activity, within one hour after the end or before the beginning of the activity;

(4) Professional entertainment, with proof of attendance, within one hour after the end of the activity.

(5) School activity, within one hour after the end or before the beginning of the activity;

(6) Assembly such as a march, protest, demonstration, sit-in or meeting of an association for the advancement of economic, political, religious or cultural matters, or for any other activity protected by the First Amendment of the U.S. Constitution, within one hour after the end or before the beginning of the activity.

D. The minor is on an emergency errand for a responsible adult;

E. The minor’s business, trade or occupation (in which the minor is permitted by law to be engaged) requires the presence of the minor in the public place.

5. Responsibility of Adults. It is unlawful for any responsible adult knowingly to permit or to allow a minor to be in any public place in the City within the time periods prohibited by this section unless the minor’s presence falls within one of the above exceptions.

6. Enforcement Procedures.


CHAPTER 46 MINORS

A. Determination of Age. In determining the age of the juvenile and in the absence of convincing evidence such as a birth certificate or driver’s license, a law enforcement officer on the street shall, in the first instance, use his or her best judgment in determining age.

B. Grounds for Arrest; Conditions of Custody. Grounds for arrest are that the person refuses to sign the citation without qualification; persists in violating the ordinance; refuses to provide proper identification or to identify himself or herself; or constitutes an immediate threat to the person’s own safety or to the safety of the public. A law enforcement officer who arrests a minor for a curfew violation may keep the minor in custody either in a shelter care facility or in any non-secured setting. The officer shall not place bodily restraints, such as handcuffs, on the minor unless the minor physically resists or threatens physical violence when being taken into custody. A minor shall not be placed in detention following a curfew violation unless pursuant to an order of the court.

C. Notification of Responsible Adult. After a minor is taken into custody, the law enforcement officer shall notify the adult responsible for the minor as soon as possible. The minor shall be released to the adult responsible for the minor upon the promise of such person to produce the minor in court at such time as the court may direct. If a minor is issued a citation to appear for a violation of this section, a law enforcement officer shall notify the adult responsible for the minor as soon as possible, within 24 hours of the violation.

7. Penalties.

A. Responsible Adult’s First Violation. In the case of a first violation by a minor, the Police Chief shall, by certified mail or by personal service, send to the adult responsible for the minor, written notice of the violation with a warning that any subsequent violation will result in full enforcement of the curfew ordinance against both the responsible adult and minor, with applicable penalties.

B. Responsible Adult’s or Minor’s Second Violation. Any violation of the provisions of this section by a minor or a responsible adult is a simple misdemeanor. Upon conviction, the person shall be punished by a fine, as fixed by the court, or by performance of community service as ordered by the court.

46.02 CIGARETTES AND TOBACCO. It is unlawful for any person under eighteen (18) years of age to smoke, use, possess, purchase or attempt to purchase any tobacco, tobacco products or cigarettes. Possession of cigarettes or tobacco products by a person under eighteen years of age shall not constitute a violation of this section if said person possesses the cigarettes or tobacco products as part of the person’s employment and said person is employed by a person who holds a valid permit under Chapter 453A of the Code of Iowa and lawfully offers for sale or sells cigarettes or tobacco products.


46.03 CONTRIBUTING TO DELINQUENCY. It is unlawful for any person to encourage any child under eighteen (18) years of age to commit any act of delinquency.




CHAPTER 47

PARK REGULATIONS47.01 Purpose 47.08 Unlicensed Sales47.02 Use of Drives Required 47.09 Amplified Music47.03 Fires 47.10 Permit Required for Assemblies47.04 Littering 47.11 Display of Permit47.05 Parks Closed 47.12 Obstructing Permitted Activities47.06 Camping 47.13 Riding on Tennis Courts47.07 Dogs in Parks

47.01 PURPOSE. The purpose of this chapter is to facilitate the enjoyment of park facilities by the general public by establishing rules and regulations governing the use of park facilities.


47.02 USE OF DRIVES REQUIRED. No person shall drive any car, cycle or other vehicle, or ride or lead any horse, in any portion of a park except upon the established drives or roadways therein or such other places as may be officially designated by the City.

47.03 FIRES. No fires shall be built, except in a place provided therefor, and such fire shall be extinguished before leaving the area unless it is to be immediately used by some other party.

47.04 LITTERING. No person shall place, deposit, or throw any waste, refuse, litter or foreign substance in any area or receptacle except those provided for that purpose.

47.05 PARKS CLOSED. No person, except those camping in designated areas, shall enter or remain within any park between the hours of 10:30 p.m. and 6:30 a.m.

47.06 CAMPING. No person shall camp in any portion of a park except in portions prescribed or designated by the Council, and the City may refuse camping privileges or rescind any and all camping privileges for cause.

1. Camping Fees. The Park Board shall have the exclusive right to set camping fees for designated areas in which to camp, including electrical and non-electrical hookups for camping, and shall post the designated areas as such.

2. Camping in Automobiles Prohibited. It is expressly prohibited to use the facilities designated for camping or any other facility of the park for the purpose of camping when the only vehicle or protection from the elements is an automobile.

3. Camping Limited. No person shall be allowed to camp in a park for more than fourteen consecutive days.

47.07 DOGS IN PARKS. No person shall bring a dog or other domestic animal into any park except on a leash not to exceed six feet in length, or permit such dog or other domestic animal brought into any park by such person to disturb, interfere with, bite or assault any person or party occupying any park. No person bringing a dog or other domestic animal into any park shall allow such dog or animal to defecate in the park unless such person


CHAPTER 47 PARK REGULATIONS

immediately removes such defecation from the park or disposes of it in receptacles provided for trash and litter.

47.08 UNLICENSED SALES. No person shall expose or offer for sale any article or thing, nor shall any person station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing in any park, except a regularly licensed concessionaire or other person acting under an official permit of the Park Board. In addition, no person shall within any park or on its borders announce, advertise or call the public’s attention in any way to any article or service for sale or hire.

47.09 AMPLIFIED MUSIC. No person shall conduct any musical concert, play upon any amplified instrument or set up or use any communication system in a park without first obtaining an official permit from the Park Board.

47.10 PERMIT REQUIRED FOR ASSEMBLIES. No person shall hold or attempt to hold any meeting, assembly, demonstration, celebration, parade, rally, religious worship or any sponsored entertainment, social, recreational or athletic function without first obtaining an official permit from the Park Board.

47.11 DISPLAY OF PERMIT. Any person requiring an official permit issued by the Park Board shall produce the permit and exhibit it upon request.

47.12 OBSTRUCTING PERMITTED ACTIVITIES. No person shall disturb or interfere with any person or party occupying any park under the authority of an official permit of the Park Board.

47.13 RIDING ON TENNIS COURTS. No person shall bicycle, roller blade, skate board or roller skate on the tennis courts located within the Forest City Recreational Park.



CHAPTER 48

CONTROL OF MOTORIZED VEHICLES AND ANIMALS IN RECREATION AREAS

48.01 Purpose 48.04 Exemption48.02 Definitions 48.05 Signs48.03 Acts Prohibited

48.01 PURPOSE. The purpose of this chapter is to control motorized vehicles and animals being ridden or driven in the Tim Coffey Recreational Area and other areas within the City.

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

1. “All-terrain vehicle” is defined in Chapter 75 of this Code of Ordinances.

2. “Animal” means any animal, whether domesticated or wild, which is of sufficient size to be ridden or driven.

3. “Driven” means connecting to a trailer, buggy, wagon, sled or any other apparatus by harness, ropes, straps or any other means for the purpose of either pushing or pulling said trailer, buggy, wagon, sled or other apparatus.

4. “Motor vehicle” means any self-propelled vehicle requiring a license for highway operation or any self-propelled vehicle used for recreational purposes, whether license or unlicensed, including (but not limited to) snowmobile, trail bikes, minibikes, motorcycles, mopeds, motorized bicycles, motor scooters, go-carts, golf carts or other all-terrain vehicles.

5. “Motorized wheelchair” means any wheelchair which is propelled by means other than human power or propulsion and operated by a handicapped person.

6. “Operate” means to ride in or on and control the operation of a motor vehicle or propel a motor vehicle.

7. “Owner” means a person other than a lien holder having the title to a motor vehicle and lawfully entitled to the use or possession thereof.

8. “Tim Coffey Recreational Area” means the area within the City bounded by the Winnebago River, by Secor Avenue, by the former Chicago Northwestern Railroad right-of-way and by a line described as follows:

A tract of land located in part of the Southeast Quarter (SE¼) of the Southeast Quarter (SE¼) of Section Twenty-six (26) Township Ninety-eight North (T98N) Range Twenty-four West (R24W) of the Fifth Prime Meridian (5th P.M.) Winnebago County, Iowa, described as follows: commencing at the Northeast Corner of said SE¼ SE¼ Section 26-98-24; thence N 89°3100 W along the North Line of said SE¼ SE¼ Section 26-98-24, 1206.18 feet to a point on the northerly right-of-way line of the abandoned Chicago and Northwestern Railroad (formerly the Minneapolis and St. Louis Railroad); thence S 20°4539 E along the northerly right-of-way line of said railroad, 167.44 feet to a point of tangency of a 1096.28 foot radius curve concave northeasterly; thence southeasterly 359.23 feet along said


CHAPTER 48 CONTROL OF MOTORIZED VEHICLES AND ANIMALS IN RECREATION AREAS

right-of-way line through a central angle of 18°4630; thence continuing southeasterly 209.68 feet along said right-of-way line through a central angle of 10°5729 to the point of beginning; thence S 39°3022 W 100.00 feet to a point on the southerly right-of-way line of said railroad; thence S 36°1840 W 258.00 feet to an iron monument on the northeasterly bank of the Winnebago River; thence continuing S 36°1840 W 60 feet, more or less, to the centerline of the Winnebago River.

48.03 ACTS PROHIBITED. No motor vehicle, all-terrain vehicle, or an animal which is being ridden or driven is permitted and it is unlawful for any person to operate or ride or drive the same within the Tim Coffey Recreational Area except snowmobiles over that portion of the Tim Coffey Recreational Area located on the abandoned railroad right-of-way from the cul-de-sac at the end of Pleasant Street to the intersection of Secor Avenue and said abandoned railroad right-of-way or within the following described areas:

1. Bounded by the Winnebago River, a line extended from the north boundary of the Indian Springs Second Subdivision west across the abandoned Chicago and Northwestern Railroad to the Winnebago River, the Indian Spring Second Subdivision, and a line described as follows:

A tract of land located in part of the Southeast Quarter (SE¼) of the Southeast Quarter (SE¼) of Section Twenty-six (26), Township Ninety-eight North (T98N) Range Twenty-four West (R24W) of the Fifth Prime Meridian (5th P.M.), Winnebago County, Iowa, described as follows: commencing at the northeast corner of said SE¼ SE¼ Section 26-98-24; thence N 89°3100 W along the north line of said SE¼ SE¼ Section 26-98-24, 1206.18 feet to a point on the northerly right-of-way line of the abandoned Chicago and Northwestern Railroad (formerly the Minneapolis and St. Louis Railroad); thence S 20°4539 E along the northerly right-of-way line of said railroad, 167.44 feet to a point of tangency of a 1096.28 foot radius curve concave northeasterly; thence southeasterly 359.23 feet along said right-of-way line through a central angle of 18°4630 to the point of beginning; thence S 39°2234 W 100.00 feet to a point on the southerly right-of-way line of said railroad; thence S 39°2234 W, 137.20 feet to an iron monument on the northeasterly bank of the Winnebago River; thence continuing S 39°2234 W 45 feet, more or less, to the centerline of the Winnebago River.

2. The East Half (E½) of the abandoned Chicago and Northwestern Railroad right-of-way between a line extended from the north boundary of the Indian Springs Second Subdivision west to the Winnebago River and the north City limits.

3. The twenty (20) feet immediately adjacent and parallel to the Winnebago River over the following described property, to-wit:

A tract of land located in part of the Southeast Quarter (SE¼) of the Southeast Quarter (SE¼) of Section Twenty-six (26), Township Ninety-eight North (T98N), Range Twenty-four West (R24W) of the Fifth Prime Meridian (5th P.M.), Winnebago County, Iowa, described as follows: Commencing at the northeast corner of said SE¼ SE¼ Section 26-98-24; thence N 89°3100 W along the north line of said



SE¼ SE¼ Section 26-98-24, 1206.18 feet to a point on the northerly right-of-way line of the abandoned Chicago and Northwestern Railroad (formerly the Minneapolis and St. Louis Railroad); thence S 20°4539 E along the northerly right-of-way line of said railroad, 167.44 feet to a point of tangency of a 1096.28 foot radius curve concave northeasterly; thence southeasterly 359.23 feet along said right-of-way line through a central angle of 18°4630 to the point of beginning; thence continuing southeasterly 209.68 feet along said right-of-way line through a central angle of 10°5729; thence S 39°3022 W, 100.00 feet to a point on the southerly right-of-way line of said railroad; thence S 36°1840 W, 258.00 feet to an iron monument on the northeasterly bank of the Winnebago River; thence continuing S 36°1840 W 60 feet, more or less, to the centerline of the Winnebago River; thence northwesterly along the centerline of said Winnebago River to a point on a line which bears N 39°2234 E through the point of beginning; thence N 39°2234 E 40 feet, more or less, to an iron monument on the northeasterly bank of said Winnebago River; thence continuing N 39°2234 E 237.20 feet to the point of beginning and containing 1.69 acres more or less.

4. Bounded by “J” Street, U.S. Highway 69, the Winnebago River and a line parallel and 100 feet westerly and southerly from the centerline of the Winnebago River.

48.04 EXEMPTION. The provisions of this chapter shall not apply to emergency vehicles, motorized wheelchairs, non-governmental vehicles operated at the discretion of the Director of the Forest City Parks and Recreation Department or motor vehicles operated by or at the direction of the City within the course and scope of official duties.

48.05 SIGNS. The Director of the Parks and Recreation Department is hereby authorized to erect signs in such places as the Department deems appropriate, but in any event, signs shall be placed at all the possible entrances for the walking path located within the Tim Coffey Recreational Area and the other areas herein and any other areas which may be added later. Said signs shall provide notice of the provisions in this chapter prohibiting the operation of motor vehicles within the Tim Coffey Recreational Area. It is unlawful for any person to post, mutilate or remove any such sign provided for in this chapter, over which said person had no right, title, interest or license.


CHAPTER 50

NUISANCE ABATEMENT PROCEDURE50.01 Definition of Nuisance 50.07 Request for Hearing50.02 Nuisances Enumerated 50.08 Abatement in Emergency50.03 Nuisances Prohibited 50.09 Abatement by City50.04 Nuisance Abatement 50.10 Collection of Costs50.05 Notice to Abate: Contents 50.11 Installment Payment of Cost of Abatement50.06 Method of Service 50.12 Failure to Abate

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


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


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

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

3. Junk and Junk Vehicles. Maintaining any accumulations of refuse, junk or inoperable vehicles and/or equipment, except in a junkyard operated under City permit. (See also Chapter 51 and Chapter 124)

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

5. 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.

6. 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.

7. 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 62.08)

8. Dangerous Buildings. All buildings, walls and other structures which have been damaged by fire, decay or otherwise to such an extent that the same endanger the safety of the public. (See also Chapter 145)


CHAPTER 50 NUISANCE ABATEMENT PROCEDURE

9. Solid Waste Disposal. Any use of property or storage or disposal of any materials and substances of any nature whatever on such property which creates an unsanitary or unsafe condition on such property, or which endangers the free use and enjoyment of property by adjoining owners, or which creates any condition injurious to the public health, safety or comfort. (See Chapter 105)

10. 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)

11. Air Pollution. Emission of dense smoke, noxious fumes or fly ash. (See also Chapter 105)

12. Weeds, Brush. Dense growth of all weeds, vines, brush, unkept lawns or other noxious growths upon any property in the City.

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

14. 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. (See also Chapter 175)

15. 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.

16. Overhanging Signs. Any sign, marquee or awning which is in an unsafe condition or which overhangs any roadway or which overhangs any sidewalk less than eight (8) feet above the sidewalk surface; or any advertisement or sign affixed to any building, wall, fence, sidewalk or street or other private or public property without permission of the owner thereof.

17. Construction and Repair of Buildings. All buildings erected, repaired or altered or any premises used in violation of this Code of Ordinances or the laws of the State.

18. Traffic Signals. All unauthorized signs, signals, markings or devices which purport to be or may be mistaken as official traffic control devices placed or maintained upon or in view of any public highway or railway crossing.

19. Overhanging Limbs of Trees. All limbs of trees which project over a public sidewalk less than nine (9) feet above the surface thereof or less than thirteen (13) feet above the surface of a public street. (See also Chapter 151)

20. Wires. All wires over streets, alleys or public grounds which are strung less than fifteen (15) feet above the surface of the street or ground.

21. Wells and Open Excavations. All abandoned wells and cisterns not securely covered secured from public use and all open and unguarded pits, excavations or unused basements freely accessible from any public street, alley or sidewalk.

22. The making available of food, salt, mineral blocks or other products for ingestion by wild or stray animals, except that the following actions shall not be considered a nuisance:



A. Elevated bird/squirrel feeders providing seed, grain, fruit, worms or suet for birds or squirrels.

B. Standing crops planted and left standing as food plots for wildlife.

C. Grain or other feed scattered or distributed solely as a result of normal agricultural, gardening, or soil stabilization practices.

D. Standing, flooded, or manipulated natural vegetation or food/seed deposited by natural vegetation.

(Ord. 715 – Feb. 11 Supp.)

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.


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: (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.

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


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

† 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.



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.


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 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.


50.11 INSTALLMENT PAYMENT OF COST OF ABATEMENT. If the amount expended to abate the nuisance or condition exceeds five hundred dollars ($500.00), 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. (Ord. 731 – Sep. 12 Supp.)


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.



CHAPTER 51

JUNK AND JUNK VEHICLES51.01 Definitions 51.04 Exceptions51.02 Junk and Junk Vehicles Prohibited 51.05 Notice to Abate51.03 Junk and Junk Vehicles a Nuisance


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

2. “Junk vehicle” means any vehicle legally placed in storage with the County Treasurer or unlicensed and which has any of the following characteristics:

A. Broken Glass. Any vehicle with a broken or cracked windshield, window, headlight or tail light, or any other cracked or broken glass.

B. Broken, Loose or Missing Part. Any vehicle with a broken, loose or missing fender, door, bumper, hood, steering wheel or trunk lid.

C. Habitat for Nuisance Animals or Insects. Any vehicle which has become the habitat for rats, mice, 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.

3. “Vehicle” means every device in, upon, or by which a person or property is or may be transported or drawn upon a highway or street, 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 any person to store, accumulate, or allow to remain on any private property within the corporate limits of the City any junk or junk vehicle.


CHAPTER 51 JUNK AND JUNK VEHICLES

51.03 JUNK AND JUNK VEHICLES A NUISANCE. It is hereby declared that any junk or junk vehicle located upon private property, unless excepted by Section 51.04, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of Section 657.1 of the Code of Iowa. If any junk or junk vehicle is kept upon private property in violation hereof, the owner of or person occupying the property upon which it is located shall be prima facie liable for said violation.


51.04 EXCEPTIONS. The provisions of this chapter do not apply to any junk or a junk vehicle stored within a garage or other enclosed structure.

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.




CHAPTER 55

ANIMAL PROTECTION AND CONTROL55.01 Definitions 55.11 Owner’s Duty 55.02 Animal Neglect 55.12 Confinement55.03 Livestock Neglect 55.13 At Large: Impoundment 55.04 Abandonment of Cats and Dogs 55.14 Disposition of Animals 55.05 Livestock 55.15 Impounding Costs55.06 At Large Prohibited 55.16 Animal Catcher55.07 Damage or Interference 55.17 Unhealthful or Unsanitary Conditions55.08 Annoyance or Disturbance 55.18 Trapping Animals55.09 Releasing or Molesting Domestic Animals 55.19 Pet Awards Prohibited55.10 Rabies Vaccination 55.20 Right to Kill Dogs

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 animal’s owner or upon the public streets, alleys, public grounds or parks within the City. An animal is not deemed to be at large if:

A. The animal is attached to a leash or chain of sufficient strength to restrain the animal and not more than six (6) feet in length when the leash or chain is held by a person competent to restrain and control the animal off the premises;

B. The animal is properly restrained within a motor vehicle;

C. The animal is housed within a veterinary hospital, licensed kennel, pet shop or animal shelter;

D. The animal is on the owner’s premises so confined, tied or restrained as to be unable to range beyond the owner’s premises.

4. “Business” means any enterprise relating to any of the following:

A. The sale or offer for sale of goods or services.

B. A recruitment for employment or membership in an organization.

C. A solicitation to make an investment.

D. An amusement or entertainment activity.

5. “Fair” means any of the following:

A. 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.

B. An exhibition of agricultural or manufactured products.

C. An event for operation of amusement rides or devices or concession booths.


CHAPTER 55 ANIMAL PROTECTION AND CONTROL

6. “Game” means a “game of chance” or “game of skill” as defined in Section 99B.1 of the Code of Iowa.

7. “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.


8. “Owner” means any person owning, keeping, sheltering or harboring an animal.

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.

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.


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.


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.


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 by frequent and habitual howling, yelping, barking for more than five (5) minutes’ duration during any 24-hour period; or otherwise, or by running after or chasing persons, bicycles, automobiles or other vehicles.

55.09 RELEASING OR MOLESTING DOMESTIC ANIMALS.



1. No person shall aid or cause any animal, whether owned by such person or not, to escape confinement or impoundment, whether such confinement or impoundment is upon such person’s property or that of another, by opening any gate, door or window, by making an opening in any fence, enclosure or structure, or by unleashing such animal.

2. It is the duty of every owner to physically restrain the animal within an enclosure or upon a leash when such animal is left unattended outside or is not at heel. The animal must be restrained so as to prevent the animal from leaving the premises of its owner or from coming in contact with a public right-of-way or the property of another.

3. It is prohibited for any person in any manner to interfere with an employee or designated representative of the City, so as to hinder, delay or prevent the execution of duties by such employee in relation to the matters and things contained in this chapter.

4. It is unlawful for any person to willfully molest, provoke or mistreat any domestic animal while it is confined on its owner’s premises.

55.10 RABIES VACCINATION. Every owner of a dog or cat 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.


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.


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.


55.13 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.

55.14 DISPOSITION OF ANIMALS. When an animal has been apprehended and impounded, written notice shall be provided to the owner within two (2) days after impoundment, if the owner’s name and current address can reasonably be determined by accessing a tag or other device that is on or part of the animal. Impounded animals may be recovered by the owner upon payment of impounding costs, and if an unvaccinated dog, by having it immediately vaccinated. If the owner fails to redeem the animal within seven (7)



days from the date that the notice is mailed, or if the owner cannot be located within seven days, the animal shall be disposed of in accordance with law or destroyed by euthanasia.

(Code of Iowa, Sec. 351.37, 351.41)

55.15 IMPOUNDING COSTS. The fees for the pickup of animals will be set by resolution of the Council and from time to time may be amended.


55.16 ANIMAL CATCHER. The City may contract with an animal catcher or agency to provide the services to carry out the provisions contained in this chapter and in Chapter 57 of this Code of Ordinances.

55.17 UNHEALTHFUL OR UNSANITARY CONDITIONS.

1. An owner shall keep all structures, pens, coops or yards wherein animals are confined clean, devoid of vermin and free of odors arising from feces.

2. No owner or walker of any animal shall permit the animal to discharge feces upon any public or private property, other than the property of the owner of the animal. The owner or walker shall be deemed to permit the animal’s discharge of feces if the owner does not immediately thereafter take steps to remove and clean up the feces from the property.

3. All feces removed as aforesaid shall be placed in an airtight container and shall be stored in a sanitary manner in an appropriate refuse container until it is removed pursuant to refuse collection procedures or otherwise disposed of in a sanitary manner.

4. An owner may, as an alternative to subsection 3 above, collect the feces and turn it under the surface of the owner’s soil in any manner that prevents odor or collection of vermin.

55.18 TRAPPING ANIMALS. No person shall trap any animal with any trap larger than a No. 2 trap or set any land traps within the City limits.

55.19 PET AWARDS PROHIBITED.(Code of Iowa, Ch. 717.E)

1. 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.

2. 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.

55.20 RIGHT TO KILL DOGS. It is lawful for any person to kill a dog when such dog is caught in the act of worrying, chasing, maiming or killing any domestic animal or fowl, or when such a dog is attacking or attempting to bite a person.


CHAPTER 56

DANGEROUS AND VICIOUS ANIMALS56.01 Definitions 56.04 Keeping of Vicious Animals Prohibited 56.02 Keeping of Dangerous Animals Prohibited 56.05 Seizure, Impoundment and Disposition of 56.03 Seizure, Impoundment and Disposition of Vicious Animals

Dangerous Animals


1. “Dangerous animal” means:

A. Raccoons, opossums and skunks;

B. Pit bull dogs, including the following:

(1) The Bull Terrier breed of dog;

(2) The Staffordshire Bull Terrier breed;

(3) The American Pit Bull Terrier breed;

(4) The American Staffordshire Terrier breed;

(5) 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

(6) Any dog which has the appearance and characteristics of being predominantly 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. “Vicious animal” means any animal, except for a dangerous animal per se, as listed above, that has attacked or bitten a person or persons without provocation while running at large, or any animal that has exhibited vicious tendencies in present or past conduct, including such that said animal (a) has bitten or clawed a person or persons on two separate occasions within a twelve-month period; or (b) did bite or claw once causing injuries above the shoulders of a person; or (c) could not be controlled or restrained by the owner at the time of the attack to prevent the occurrence; or (d) has attacked any domestic animal or fowl on two separate occasions within a twelve-month period; or (e) has been found to possess such a propensity by the Council, after hearing.

56.02 KEEPING OF DANGEROUS ANIMALS PROHIBITED. No person shall keep, shelter or harbor any dangerous animal as a pet, or act as a temporary custodian for such animal, or keep, shelter or harbor such animal for any other purpose or in any other capacity within the City.

56.03 SEIZURE, IMPOUNDMENT AND DISPOSITION OF DANGEROUS ANIMALS. Dangerous animals shall be dealt with in the following manner:

1. In the event that a dangerous animal is found at large and unattended upon public property, park property, public right-of-way or the property of someone other than its owner, thereby creating a hazard to persons or property, such animal may, in the discretion of the animal control officer or Police Chief, be destroyed if it cannot be confined or captured. The


CHAPTER 56 DANGEROUS AND VICIOUS ANIMALS

City shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, nor shall it have a duty to notify the owner of such animal prior to its destruction.

2. Upon the complaint of any individual that a person is keeping, sheltering or harboring a dangerous animal on premises in the City, the animal control officer shall cause the matter to be investigated and if after investigation, the facts indicate that the person named in the complaint is keeping, sheltering or harboring a dangerous animal in the City, the animal control officer shall order the person named in the complaint to safely remove such animal from the City or destroy the animal, within three days of the receipt of such order. Such order shall be contained in a notice to remove the dangerous animal, which notice shall be served personally or by certified mail. Such order and notice to remove the dangerous animal shall not be required where such dangerous animal has previously caused serious physical harm or death to any person, in which case the animal control officer shall cause the animal to be immediately seized and impounded or destroyed if seizure and impoundment are not possible without risk of serious physical harm or death to any person.

3. The order to remove such dangerous animal issued by the animal control officer may be appealed to the Council. In order to appeal such order, written notice of appeal must be filed with the Clerk within three days after receipt of the order contained in the notice to remove the dangerous animal. Failure to file such written notice of appeal shall constitute a waiver of the right to appeal the order of the animal control officer.

4. The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the Clerk. The hearing of such appeal shall be scheduled within seven days of the receipt of the notice of appeal. After such hearing, the Council may affirm or reverse the order of the animal control officer. Such determination shall be contained in a written decision and shall be filed with the Clerk within three days after the hearing or any continued session thereof.

5. If the Council affirms the action of the animal control officer, the Council shall order in its written decision that the person owning, sheltering, harboring or keeping such dangerous animal remove such animal from the City or destroy it. The decision and order shall immediately be served upon the person against whom rendered in the same manner as the notice of removal. If the original order of the animal control officer is not appealed and is not complied with within three days or the order of the Council after appeal is not complied with within three days of its issuance, the animal control officer is authorized to seize and impound such dangerous animal. An animal so seized shall be impounded for a period of seven (7) days. If at the end of the impoundment period, the person against whom the decision and order of the animal control officer or Council was issued has not petitioned the County district Court for a review of said order, the City shall cause the animal to be disposed of by sale or destroy such animal in a humane manner. Failure to comply with an order of the City issued pursuant hereto shall constitute a misdemeanor.

56.04 KEEPING OF VICIOUS ANIMALS PROHIBITED. No person shall keep, shelter or harbor for any reason within the City a vicious animal except in the following circumstances:

1. Animals under the control of a law enforcement or military agency.

2. The keeping of guard dogs; however, guard dogs must be kept within a structure or fixed enclosure at all times, and any guard dog found at large may be processed as a vicious animal pursuant to the provisions of this chapter. Any premises guarded by a guard dog shall be prominently posted with a sign containing the wording “Guard Dog,” “Vicious Dog” or words of similar import, and the owner



of such premises shall inform the Police Chief that a guard dog is on duty at said premises.

56.05 SEIZURE, IMPOUNDMENT AND DISPOSITION OF VICIOUS ANIMALS.

1. The animal control officer, in his or her discretion or upon receipt of a complaint alleging that a particular animal is a vicious animal, as defined herein, may initiate proceedings to declare such animal a vicious animal. A hearing on the matter shall be conducted by the Council. The person owning, keeping, sheltering or harboring the animal in question shall be given not less than seventy-two (72) hours’ written notice of the time and place of said hearing. Said notice shall set forth the description of the animal in question and the basis for the allegation of viciousness. The notice shall also state that if the animal is determined to be vicious, the owner will be required to remove it from the City or allow it to be destroyed. The notice shall be served upon any adult residing at the premises where the animal is located, or may be posted on those premises if no adult is present to accept service.

2. If, after hearing, the Council determines that an animal is vicious, the Council shall order the person owning, sheltering or harboring or keeping the animal to remove it from the City, or to cause it to be destroyed in a humane manner. The order shall immediately be served upon the person against whom issued in the same manner as the notice of hearing. If the order is not complied with within three (3) days of its issuance, the animal control officer is authorized to seize and impound the animal. An animal so seized shall be impounded for a period of seven (7) days. If at the end of the impoundment period, the person against whom the order of the Council was issued has not appealed such order to the Council, the animal control officer shall cause the animal to be destroyed.

3. Failure to comply with an order of the Council issued pursuant hereto shall constitute a violation of this Code of Ordinances.

4. Any animal found at large which displays vicious tendencies may be processed as a vicious animal pursuant to the foregoing, unless the animal is so vicious that it cannot safely be apprehended, in which case the animal control officer may immediately destroy it, or unless its ownership is not ascertainable, in which case the animal control officer may destroy it after three days’ impoundment.

5. Any animal which is alleged to be vicious and which is under impoundment or quarantine at the animal shelter shall not be released to the owner, but shall continue to be held at the expense of the owner pending the outcome of the hearing. All costs of such impoundment or quarantine shall be paid by the owner if the animal is determined to be vicious. If the animal is not determined to be vicious, such impoundment or quarantine shall be paid by the City.


CHAPTER 60

ADMINISTRATION OF TRAFFIC CODE60.01 Title 60.05 Traffic Accidents: Reports60.02 Definitions 60.06 Peace Officer’s Authority60.03 Administration and Enforcement 60.07 Obedience to Peace Officers60.04 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 “Forest City Traffic Code.”

60.02 DEFINITIONS. Where words and phrases used in the Traffic Code are defined by State law, such definitions apply to their use in said Traffic Code and are adopted by reference. Those definitions so adopted that need further definition or are reiterated, and other words and phrases used herein, have the following meanings:


1. “Business District” means the territory described as follows:

From the intersection of 4th Street and “G” Street, then west to the intersection of “G” Street and 6th Street, then north to the intersection of “I” Street and 6th Street, then west to the location of the intersection of the vacated “I” Street and vacated 7th Street, then north to the intersection of 7th Street and the alley in Block 30, then east through the alley of Block 30, Block 31 and Block 32 to the intersection of said alley and 4th Street, then south to the intersection of 4th Street and “K” Street, then east to the intersection of “K” Street and Central Street, then south to the intersection of Central Street and “I” Street, then west to the intersection of “I” Street and 4 th Street, then south to the intersection of 4th Street and “G” Street, to the place of beginning.

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.


CHAPTER 60 ADMINISTRATION OF TRAFFIC CODE

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.


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.


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


60.07 OBEDIENCE TO PEACE OFFICERS. No person shall willfully fail or refuse to comply with any lawful order or direction of any peace officer invested by law with authority to direct, control, or regulate traffic.


60.08 PARADES REGULATED. No person shall conduct or cause any parade on any street except as provided herein:

1. “Parade” Defined. “Parade” means any march or procession of persons or vehicles organized for marching or moving on the streets in an organized fashion or



manner or any march or procession of persons or vehicles represented or advertised to the public as a parade.

2. Permit Required. No parade shall be conducted without first obtaining a written permit from the Mayor. 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.


CHAPTER 61

TRAFFIC CONTROL DEVICES 61.01 Installation 61.04 Standards61.02 Crosswalks 61.05 Compliance61.03 Traffic Lanes

61.01 INSTALLATION. The Street Superintendent shall cause to be placed and maintained traffic control devices when and as required under this Traffic Code or under State law or emergency or temporary traffic control devices for the duration of an emergency or temporary condition as traffic conditions may require to regulate, guide or warn traffic. The Street Superintendent shall keep a record of all such traffic control devices.


61.02 CROSSWALKS. The Street Superintendent is hereby authorized, subject to approval of the Council by resolution, to designate and maintain crosswalks by appropriate traffic control devices at intersections where, due to traffic conditions, there is particular danger to pedestrians crossing the street or roadway, and at such other places as traffic conditions require.

(Code of Iowa, Sec. 372.13[4] & 321.255)

61.03 TRAFFIC LANES. The Street Superintendent is hereby authorized to mark lanes for traffic on street pavements at such places as traffic conditions require, consistent with the traffic code of the City. Where such traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement.

(Code of Iowa, Sec. 372.13[4] & 321.255)

61.04 STANDARDS. Traffic control devices shall comply with standards established by The Manual of Uniform Traffic Control Devices for Streets and Highways.


61.05 COMPLIANCE. No driver of a vehicle shall disobey the instructions of any official traffic control device placed in accordance with the provisions of this chapter, unless at the time otherwise directed by a peace officer, subject to the exceptions granted the driver of an authorized emergency vehicle under Section 321.231 of the Code of Iowa.



CHAPTER 61 TRAFFIC CONTROL DEVICES


CHAPTER 62

GENERAL TRAFFIC REGULATIONS62.01 Violation of Regulations 62.07 Open Containers in Motor Vehicles 62.02 Play Streets Designated 62.08 Obstructing View at Intersections62.03 Vehicles on Sidewalks 62.09 Reckless Driving62.04 Clinging to Vehicle 62.10 Careless Driving62.05 Quiet Zones 62.11 Engine Braking62.06 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 321.17 – Misdemeanor to violate registration provisions.

2. Section 321.32 – Registration card, carried and exhibited; exception.

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.


CHAPTER 62 GENERAL TRAFFIC REGULATIONS

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 321.235A – Electric personal assistive mobility devices.

27. Section 321.247 – Golf cart operation on City streets.

28. Section 321.257 – Official traffic control signal.

29. Section 321.259 – Unauthorized signs, signals or markings.

30. Section 321.260 – Interference with devices, signs or signals; unlawful possession.

31. Section 321.262 – Damage to vehicle.

32. Section 321.263 – Information and aid.

33. Section 321.264 – Striking unattended vehicle.

34. Section 321.265 – Striking fixtures upon a highway.

35. Section 321.275 – Operation of motorcycles and motorized bicycles.

36. Section 321.276 – Use of electronic communication device while driving; text-messaging.

37. Section 321.278 – Drag racing prohibited.

38. Section 321.281 – Actions against bicyclists.

39. Section 321.288 – Control of vehicle; reduced speed.

40. Section 321.295 – Limitation on bridge or elevated structures.

41. Section 321.297 – Driving on right-hand side of roadways; exceptions.

42. Section 321.298 – Meeting and turning to right.

43. Section 321.299 – Overtaking a vehicle.

44. Section 321.302 – Overtaking and otherwise.

45. Section 321.303 – Limitations on overtaking on the left.

46. Section 321.304 – Prohibited passing.

47. Section 321.306 – Roadways laned for traffic.

48. Section 321.307 – Following too closely.

49. Section 321.308 – Motor trucks and towed vehicles; distance requirements.

50. Section 321.309 – Towing; convoys; drawbars.

51. Section 321.310 – Towing four-wheel trailers.

52. Section 321.312 – Turning on curve or crest of grade.

53. Section 321.313 – Starting parked vehicle.

54. Section 321.314 – When signal required.

55. Section 321.315 – Signal continuous.



56. Section 321.316 – Stopping.

57. Section 321.317 – Signals by hand and arm or signal device.

58. Section 321.319 – Entering intersections from different highways.

59. Section 321.320 – Left turns; yielding.

60. Section 321.321 – Entering through highways.

61. Section 321.322 – Vehicles entering stop or yield intersection.

62. Section 321.323 – Moving vehicle backward on highway.

63. Section 321.323A – Approaching certain stationary vehicles.

64. Section 321.324 – Operation on approach of emergency vehicles.

65. Section 321.324A – Funeral processions.

66. Section 321.329 – Duty of driver – pedestrians crossing or working on highways.

67. Section 321.330 – Use of crosswalks.

68. Section 321.332 – White canes restricted to blind persons.

69. Section 321.333 – Duty of drivers.

70. Section 321.340 – Driving through safety zone.

71. Section 321.341 – Obedience to signal of train.

72. Section 321.342 – Stop at certain railroad crossings; posting warning.

73. Section 321.343 – Certain vehicles must stop.

74. Section 321.344 – Heavy equipment at crossing.

75. Section 321.344B – Immediate safety threat; penalty.

76. Section 321.354 – Stopping on traveled way.

77. Section 321.359 – Moving other vehicle.

78. Section 321.362 – Unattended motor vehicle.

79. Section 321.363 – Obstruction to driver’s view.

80. Section 321.364 – Preventing contamination of food by hazardous material.

81. Section 321.365 – Coasting prohibited.

82. Section 321.367 – Following fire apparatus.

83. Section 321.368 – Crossing fire hose.

84. Section 321.369 – Putting debris on highway.

85. Section 321.370 – Removing injurious material.

86. Section 321.371 – Clearing up wrecks.

87. Section 321.372 – School buses.

88. Section 321.381 – Movement of unsafe or improperly equipped vehicles.

89. Section 321.381A – Operation of low-speed vehicles.

90. Section 321.382 – Upgrade pulls; minimum speed.



91. Section 321.383 – Exceptions; slow vehicles identified.

92. Section 321.384 – When lighted lamps required.

93. Section 321.385 – Head lamps on motor vehicles.

94. Section 321.386 – Head lamps on motorcycles and motorized bicycles.

95. Section 321.387 – Rear lamps.

96. Section 321.388 – Illuminating plates.

97. Section 321.389 – Reflector requirement.

98. Section 321.390 – Reflector requirements.

99. Section 321.392 – Clearance and identification lights.

100. Section 321.393 – Color and mounting.

101. Section 321.394 – Lamp or flag on projecting load.

102. Section 321.395 – Lamps on parked vehicles.

103. Section 321.398 – Lamps on other vehicles and equipment.

104. Section 321.402 – Spot lamps.

105. Section 321.403 – Auxiliary driving lamps.

106. Section 321.404 – Signal lamps and signal devices.

107. Section 321.404A – Light-restricting devices prohibited.

108. Section 321.405 – Self-illumination.

109. Section 321.408 – Back-up lamps.

110. Section 321.409 – Mandatory lighting equipment.

111. Section 321.415 – Required usage of lighting devices.

112. Section 321.417 – Single-beam road-lighting equipment.

113. Section 321.418 – Alternate road-lighting equipment.

114. Section 321.419 – Number of driving lamps required or permitted.

115. Section 321.420 – Number of lamps lighted.

116. Section 321.421 – Special restrictions on lamps.

117. Section 321.422 – Red light in front.

118. Section 321.423 – Flashing lights.

119. Section 321.430 – Brake, hitch and control requirements.

120. Section 321.431 – Performance ability.

121. Section 321.432 – Horns and warning devices.

122. Section 321.433 – Sirens, whistles and bells prohibited.

123. Section 321.434 – Bicycle sirens or whistles.

124. Section 321.436 – Mufflers, prevention of noise.

125. Section 321.437 – Mirrors.



126. Section 321.438 – Windshields and windows.

127. Section 321.439 – Windshield wipers.

128. Section 321.440 – Restrictions as to tire equipment.

129. Section 321.441 – Metal tires prohibited.

130. Section 321.442 – Projections on wheels.

131. Section 321.444 – Safety glass.

132. Section 321.445 – Safety belts and safety harnesses; use required.

133. Section 321.446 – Child restraint devices.

134. Section 321.449 – Motor carrier safety regulations.

135. Section 321.450 – Hazardous materials transportation.

136. Section 321.454 – Width of vehicles.

137. Section 321.455 – Projecting loads on passenger vehicles.

138. Section 321.456 – Height of vehicles; permits.

139. Section 321.457 – Maximum length.

140. Section 321.458 – Loading beyond front.

141. Section 321.460 – Spilling loads on highways.

142. Section 321.461 – Trailers and towed vehicles.

143. Section 321.462 – Drawbars and safety chains.

144. Section 321.463 – Maximum gross weight.

145. Section 321.465 – Weighing vehicles and removal of excess.

146. Section 321.466 – Increased loading capacity; reregistration.

147. Section 321.20B – Proof of Security against Liability (Driving Without Insurance). (Ord. 752 – Jan. 16 Supp.)

62.02 PLAY STREETS DESIGNATED. The Police Chief 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.


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 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.

62.07 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.


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.


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.

62.08 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.

62.09 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.


62.10 CARELESS DRIVING. No person shall intentionally operate a motor vehicle on a street or highway in any one of the following ways:


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.



62.11 ENGINE BRAKING.

1. No person shall use an engine brake while operating a motor vehicle. "Engine brake" means the use or operation of any mechanical exhaust device designed to aid in the braking, decompression, or deceleration of any motor vehicle which results in the unreasonably loud, raucous, unusual, or explosive noise from such vehicle.

2. Emergency vehicles are exempt from the application of this section unless on an emergency call.

(Ord. 728 – Sep. 12 Supp.)


CHAPTER 63

SPEED REGULATIONS 63.01 General 63.04 Special Speed Zones63.02 State Code Speed Limits 63.05 Minimum Speed63.03 Parks, Cemeteries and Parking Lots 63.06 Controlled Access Facilities

63.01 GENERAL. Every driver of a motor vehicle on a street shall drive the same at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface and width of the street and of any other conditions then existing, and no person shall drive a vehicle on any street at a speed greater than will permit said driver to bring it to a stop within the assured clear distance ahead, such driver having the right to assume, however, that all persons using said street will observe the law.


63.02 STATE CODE SPEED LIMITS. The following speed limits are established in Section 321.285 of the Code of Iowa and any speed in excess thereof is unlawful unless specifically designated otherwise in this chapter as a special speed zone.

1. Business District – twenty (20) miles per hour.

2. Residence or School District – twenty-five (25) miles per hour.

3. Suburban District – forty-five (45) miles per hour.

63.03 PARKS, CEMETERIES AND PARKING LOTS. A speed in excess of fifteen (15) miles per hour in any public park, cemetery or parking lot, unless specifically designated otherwise in this chapter, is unlawful.


63.04 SPECIAL SPEED ZONES. In accordance with requirements of the Iowa Department of Transportation, or whenever the Council shall determine upon the basis of an engineering and traffic investigation that any speed limit listed in Section 63.02 is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of the City street system, the Council shall determine and adopt by ordinance such higher or lower speed limit as it deems reasonable and safe at such location. The following special speed zones have been established:


1. Special 20 MPH Speed Zones. A speed in excess of twenty (20) miles per hour is unlawful on any of the following designated streets or parts thereof.

A. “G” Street between 11th Street and John K. Hanson Drive.

B. At a point beginning 150 feet west of the intersection of Woodland Drive and Highway 69, to a point 607 feet west of said intersection.

C. At a point 350 feet south of the intersection of Sunset Drive and Walnut Drive, to a point 880 feet south of the intersection of Sunset Drive and Walnut Drive.

D. “I” Street from Cathedral Oaks 1,035 feet west to a point 235 feet east of Spring Valley Road.


CHAPTER 63 SPEED REGULATIONS

E. School Street from 125 feet north of “I” Street to dead end (parking lot).

F. “J” Street from 550 feet west of North Best Street to School Street.

G. “K” Street from 115 feet west of North Best Street to 115 feet west of 11th Street.

H. “L” Street from 115 feet west of North Best Street to 155 feet east of 11 th Street.

I. Hale Lane from 100 feet west of North Best Street to dead end (parking lot).

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. “O” Street from Clark Street to the intersection of Halverson, “O” Street and North 13th Street.

B. Halverson Street, west from the intersection of “O”, Halverson Street and North 13 th

Street to the west City limits.

C. Cathedral Oaks from “I” Street to Westgate Drive.

D. John K. Hanson Drive beginning 150 feet south of Indian Avenue, thence north to the intersection of “I” Street.

E. Westgate Drive from John K. Hanson Drive, thence northwest to the intersection of Spring Valley Road.

F. Nerum Drive North and Nerum Drive West from Hancock County Road B-14 to Quail Avenue.

G. Wild Rose Drive from its west intersection with 340th Street northerly, westerly, easterly and southerly back to its east intersection with 340th Street.

H. All of Cattail Drive from its intersection with Wild Rose Drive to its terminus.

I. John K. Hanson Drive from the Winnebago Hancock County line, thence southwest to the intersection of John K. Hanson Drive and Winnebago Way, thence south to Hancock County Road B-14 Drive.

(Ord. 723 – Jan. 12 Supp.)

3. 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. Eastbound lane of “I” Street between Spring Valley Road and a point 170 feet west of Anderson Drive.

B. Westbound lane of “I'” Street between Spring Valley Road and a point 50 feet east of Hillhaven Drive.

C. County Road B-14 between. 4th Street and a point 2,040 feet east of Spring Valley Road.

D. South Golf Course Road from the intersection of U.S. Highway No. 69 and East “J” Street to Dellwood Drive and Pilot Knob Road.

E. North Golf Course Road from Iowa Highway No. 9 to East “J” Street.

F. East “J” Street from Golf Course Road to the east corporation limits of the City.

G. Pilot Knob Road from the intersection of Country Club Road and Dellwood Drive to the east corporation limits of the City.



H. Sage Drive from its intersection with 340th Street, also known as Pilot Knob Road, south, southeasterly and east to the intersection of Sage Drive with Sage Avenue.

(Ord. 700 – Oct. 09 Supp.)

4. 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. Spring Valley Road between “I” Street and County Road B-14.

B. County Road B-14 beginning at a point 2040 feet east of Spring Valley Road, thence west to the corporation limits of the City.

5. Special Speed Zones on U.S. Highway 69. The following speed limits shall be enforced upon U.S. Highway 69 within the City limits as follows:

A. A speed in excess of 50 MPH is unlawful beginning at a point 400 feet south of the intersection of U.S. Highway 69 and Hancock County Road B-14 east to a point 2,000 feet south of the intersection of U.S. Highway 69 and Hancock County Road B-14 west.

B. A speed in excess of 45 MPH is unlawful beginning at a point 2,000 feet south of the intersection of U.S. Highway 69 and County Road B-14 West to a point 1,200 feet south of the intersection of U.S. Highway 69 and “J” Street.

C. A speed in excess of 35 MPH is unlawful beginning at a point 1,200 feet south of the intersection of U.S. Highway 69 and “J” Street to a point 100 feet south of the intersection of U.S. Highway 69 and Woodland Drive.

D. A speed in excess of 45 MPH is unlawful beginning at a point 100 feet south of the intersection of U.S. Highway 69 and Woodland Drive to a point 500 feet north of the intersection of U.S. Highway 69 and Sunset Drive.

63.05 MINIMUM SPEED. A person shall not drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation, or in compliance with law.


63.06 CONTROLLED ACCESS FACILITIES. Speed limits on controlled access facilities are as specified in Chapter 140 of this Code of Ordinances.


CHAPTER 64

TURNING REGULATIONS 64.01 Turning at Intersections 64.03 Left Turn for Parking64.02 U-turns 64.04 Right Turn Only

64.01 TURNING AT INTERSECTIONS. The driver of a vehicle intending to turn at an intersection shall do so as follows:


1. Both the approach for a right turn and a right turn shall be made as close as practical to the right-hand curb or edge of the roadway.

2. Approach for a left turn shall be made in that portion of the right half of the roadway nearest the centerline thereof and after entering the intersection the left turn shall be made so as to depart from the intersection to the right of the centerline of the roadway being entered.

3. Approach for a left turn from a two-way street into a one-way street shall be made in that portion of the right half of the roadway nearest the centerline thereof and by passing to the right of such centerline where it enters the intersection. A left turn from a one-way street into a two-way street shall be made by passing to the right of the centerline of the street being entered upon leaving the intersection.

The Police Chief may cause markers, buttons or signs to be placed within or adjacent to intersections and thereby require and direct, as traffic conditions require, that a different course from that specified above be traveled by vehicles turning at intersections, and when markers, buttons or signs are so placed, no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such markers, buttons or signs.

64.02 U-TURNS. It is unlawful for a driver to make a U-turn except at an intersection; however, U-turns are prohibited within the business district, at the following designated intersections and at intersections where there are automatic traffic signals.


1. At the intersection of the east end of the Post Office alley and North Clark Street.

64.03 LEFT TURN FOR PARKING. No person shall make a left hand turn, crossing the centerline of the street, for the purpose of parking on said street.

64.04 RIGHT TURN ONLY. The westbound lane of Iowa Highway 9 shall be right turn only at the intersection of Iowa Highway 9 and U.S. Highway 69.


CHAPTER 64 TURNING REGULATIONS


CHAPTER 65

STOP OR YIELD REQUIRED 65.01 Through Streets – Stop 65.06 Stop Before Crossing Sidewalk65.02 Stop Required 65.07 Stop When Traffic Is Obstructed65.03 Four-Way Stop Intersections 65.08 Yield to Pedestrians in Crosswalks65.04 Yield Required 65.09 Official Traffic Controls65.05 School Stops

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


1. U.S. Highway No. 69 from the south City limits to “J” Street;

2. U.S. Highway No. 69 from the intersection with Highway 9 to the north City limits.

65.02 STOP REQUIRED. Every driver of a vehicle shall stop in accordance with the following:


1. Sunset Drive. Vehicles traveling east on Sunset Drive shall stop at U.S. 69.

2. Woodland Drive. Vehicles traveling east on Woodland Drive shall stop at U.S. 69.

3. Pleasant Street. Vehicles traveling east on Pleasant Street shall stop at U.S. 69.

4. Golf Course Road. Vehicles traveling north on Golf Course Road shall stop at Iowa 9.

5. Golf Course Road. Vehicles traveling south on Golf Course Road shall stop at East “J” Street.

6. Golf Course Road. Vehicles traveling north on Golf Course Road shall stop at East “J” Street.

7. East “J” Street. Vehicles traveling east on East “J” Street shall stop at Golf Course Road.

8. East “J” Street. Vehicles traveling west on East “J” Street shall stop at Golf Course Road.

9. Airport Road. Vehicles traveling west on Airport Road shall stop at U.S. 69.

10. County Road B-14. Vehicles traveling east on County Road B-14 shall stop at 4 th

Street.

11. Spring Valley Road. Vehicles traveling on South Spring Valley Road shall stop at County Road B-14.

12. Indian Avenue. Vehicles traveling west on Indian Avenue shall stop at Spring Valley Road.

13. Winnebago Way. Vehicles traveling west on Winnebago Way shall stop at Spring Valley Road.


CHAPTER 65 STOP OR YIELD REQUIRED

14. Cresthaven Court. Vehicles traveling west on Cresthaven Court shall stop at Spring Valley Road.

15. Westgate Drive. Vehicles traveling west on Westgate Drive shall stop at Spring Valley Road.

16. Hillhaven Drive. Vehicles traveling north on Hillhaven Drive shall stop at West “I” Street.

17. Anderson Drive. Vehicles traveling north on Anderson Drive shall stop at West “I” Street.

18. West School Street. Vehicles traveling south on West School Street shall stop at West “I” Street.

19. West “K” Street. Vehicles traveling on West “K” Street shall stop at North 11 th

Street.

20. West “L” Street. Vehicles traveling on West “L” Street shall stop at North 11th Street.

21. North 13th Street. Vehicles traveling south on North 13th Street shall stop at West “O” Street.

22. North Best Street. Vehicles traveling on North Best Street shall stop at West “O” Street.

23. East “O” Street. Vehicles traveling east on East “O” Street shall stop at Secor Avenue.

24. Forest Avenue. Vehicles traveling west on Forest Avenue shall stop at Secor Avenue.

25. North 4th Street. Vehicles traveling on North 4th Street shall stop at East “L” Street.

26. 4th Street. Vehicles traveling on 4th Street shall stop at “J” Street.

27. Central Street. Vehicles traveling on Central Street shall stop at “J” Street.

28. “K” Street. Vehicles traveling on “K” Street shall stop at Clark Street.

29. West “I” street. Vehicles traveling on West “I” Street shall stop at 4 th Street.

30. “I” Street. Vehicles traveling east on “I” Street shall stop at Clark Street.

31. “A” Street. Vehicles traveling on “A” Street shall stop at 4th Street.

32. South Clark Street. Vehicles traveling south on South Clark Street shall stop at Park Street.

33. Drive from Swimming Pool. Vehicles traveling northwest on the drive from the swimming pool shall stop at East Park Street.

34. Forest Drive. Vehicles traveling south on Forest Drive shall stop at East Park Street.

35. North 4th Street. Vehicles traveling north on North 4 th Street shall stop at East “O” Street.

36. County Road B-14 (Crystal Lake Blacktop). Vehicles traveling east on B-14 shall stop at U.S. Highway No. 69.

37. South 4th Street. Vehicles traveling south on South 4th Street shall stop at B-14 (Crystal Lake Blacktop).



38. B-14 (Crystal Lake Blacktop). Vehicles traveling east on B-14 (Crystal Lake Blacktop) shall stop at Chicago-Northwestern Railway tracks.

39. East “O” Street. Vehicles traveling east on East “O” Street shall stop at North 4 th

Street.

40. East “L” Street. Vehicles traveling east on East “L” Street shall stop at North 4 th

Street.

41. Cathedral Oaks. Vehicles traveling north on Cathedral Oaks shall stop at West “I” Street.

42. Acorn Drive. Vehicles traveling west on Acorn Drive shall stop at U.S. Highway No. 69.

43. West “I” Street. Vehicles traveling east on West “I” Street shall stop at South 8 th

Street.

44. “I” Street. Vehicles traveling west on “I” Street shall stop at 6th Street.

45. North 6th Street. Vehicles traveling on North 6th Street shall stop at West “M” Street.

46. North 6th Street. Vehicles traveling on North 6th Street shall stop at West “L” Street.


48. North 7th Street. Vehicles traveling south on North 7 th Street shall stop at West “J” Street.

49. 4th Street. Vehicles traveling north on 4th Street shall stop at “L” Street.

50. Cathedral Oaks. Vehicles traveling south on Cathedral Oaks shall stop at Westgate Drive.

51. Stonebridge Drive. Vehicles traveling east on Stonebridge Drive shall stop at Westgate Drive.

52. Stonebridge Drive. Vehicles traveling west on Stonebridge Drive shall stop at Winnebago Way.

53. West “G” Street. Vehicles traveling west on West “G” Street shall stop at John K. Hanson Drive.

54. South 11th Street. Vehicles traveling on South 11 th Street shall stop at West “G” Street.

55. North 7th Street. Vehicles traveling on North 7th Street shall stop at West “K” Street.


57. North 13th Street. Vehicles traveling north on North 13th Street shall stop at West “O” Street.

58. 6th Street. Vehicles traveling on 6th Street shall stop at West “J” Street.

59. East “J” Street. Vehicles traveling on East “J” Street shall stop at Central Street if light is flashing red for trucks entering from Central Street.

60. North West Street. Vehicles traveling south on North West Street shall stop at East “J” Street.

61. Westhaven Drive. Vehicles traveling north on Westhaven Drive shall stop at Winnebago Way.



62. School Street. Vehicles traveling west on School Street shall stop at North 6 th Street.

63. Sunrise Drive. Vehicles traveling west on Sunrise Drive shall stop at Highway 69.

64. Hospital Drive. Vehicles traveling south on Hospital Drive shall stop at Highway 9.

65. 9th Street. Vehicles traveling north on 9th Street shall stop at “G” Street.

66. Chapel Street. Vehicles traveling south on Chapel Street shall stop at “G” Street.

67. 7th Street. Vehicles traveling on 7th Street shall stop at “G” Street.

68. 6th Street. Vehicles traveling on 6th Street shall stop at “G” Street.

69. Clark Street. Vehicles traveling on Clark Street shall stop at “G” Street.

70. “G” Street. Vehicles traveling on “G” Street shall stop at 4th Street.

71. Central Street. Vehicles traveling on Central Street shall stop at “G” Street.

72. “G” Street. Vehicles traveling east on “G” Street shall stop at U.S. Highway 69.

73. Nerum Drive. Vehicles traveling west on Nerum Drive West shall stop at Quail Avenue.

74. Nerum Drive. Vehicles traveling north on Nerum Drive North shall stop at Hancock County B-14.

75. Wild Rose Drive. Vehicles traveling south on Wild Rose Drive shall stop at its east intersection with 340th Street.

76. Wild Rose Drive. Vehicles traveling south on Wild Rose Drive shall stop at its west intersection with 340th Street.

77. Indian Avenue. Vehicles traveling west on Indian Avenue shall stop at Spring Valley Road.

78. John K. Hanson Drive. Vehicles traveling south on John K. Hanson Drive shall stop at the intersection of John K. Hanson Drive and the entrance to the Forest City Aquatic Center. (Ord. 683 – Jun. 08 Supp.)

79. John K. Hanson Drive. Vehicles traveling east on John K. Hanson Drive shall stop at the intersection of John K. Hanson Drive and the entrance of the Forest City Aquatic Center.

(Ord. 683 – Jun. 08 Supp.)

80. Forest City Aquatic Center Driveway. Vehicles traveling west on Forest City Aquatic Center Driveway shall stop at the intersection of the Forest City Aquatic Center Driveway and John K. Hanson Drive. (Ord. 683 – Jun. 08 Supp.)

81. John K. Hanson Drive. Vehicles traveling south on John K. Hanson Drive shall stop at the intersection of John K. Hanson Drive and Hancock County B-14.

(Ord. 724 – Jan. 12 Supp.)

82. North Best Street. Vehicles traveling north on North Best Street shall stop at West “K” Street. (Ord. 746 – Jan. 15 Supp.)

65.03 FOUR-WAY STOP INTERSECTIONS. Every driver of a vehicle shall stop before entering the following designated four-way stop intersections:


1. “L” Street and Clark Street;



2. “K” Street and 6th Street;

3. “K” Street and 4th Street;

4. “J” Street and Clark Street;

5. Park Street and 4th Street;

6. “O” Street and 11th Street;

7. “G” Street and 8th Street;

8. John K. Hanson Drive and West “I” Street;

9. Clark Street and “O” Street;

10. “I” Street and Spring Valley Road;

11. Indian Avenue and Winnebago Way;

12. John K. Hanson Drive, Best Street and “J” Street;

13. 9th Street and “K” Street;

14. “G” Street and 6th Street;

15. 340th Street, Dellwood Drive, and South Golf Course Road;

16. Stonebridge Drive and Lawnsdale Court;

17. 6th Street and West “J” Street.



65.04 YIELD REQUIRED. Every driver of a vehicle shall yield in accordance with the following:


1. North 10th Street. Vehicles traveling on North 10th street shall yield at West “K” Street.

2. North 8th Street. Vehicles traveling on North 8th Street shall yield at West “K” Street.

3. East “L” Street. Vehicles traveling west on East “L” Street shall yield at Secor and North 4th Street.

4. North 8th Street. Vehicles traveling on North 8th Street shall yield at West “L” Street.

5. North 10th Street. Vehicles traveling on North 10th Street shall yield at West “L” Street.

6. North Best Street. Vehicles traveling south on North Best Street shall yield at West “L” Street.

7. West “M” Street. Vehicles traveling on West “M” Street shall yield at North 11 th

Street.

8. North 6th Street. Vehicles traveling north on North 6th Street shall yield at “M” Street.

9. “M” Street. Vehicles traveling on “M” Street shall yield at North Clark Street.

10. East “M” Street. Vehicles traveling east on East “M” Street shall yield at North 4 th

Street.

11. East “N” Street. Vehicles traveling east on East “N” Street shall yield at North 4 th

Street.

12. “N” Street. Vehicles traveling on “N” Street shall yield at North Clark Street.

13. West “N” Street. Vehicles traveling on West “N” Street shall yield at North 11 th

Street.

14. North 10th Street. Vehicles traveling on North 10th Street shall yield at West “O” Street.




18. North 6th Street. Vehicles traveling north on North 6th Street shall yield at West “O” Street.

19. North 4th Street. Vehicles traveling south on North 4th Street shall yield at East “O” Street.

20. Repealed by Ord. 746 – Jan. 15 Supp.

21. North 11th Street. Vehicles traveling on North 11 th Street shall yield at West “J” Street.

22. 10th Street. Vehicles traveling on 10th Street shall yield at West “J” Street.





25. East “I” Street. Vehicles traveling east on East “I” Street shall yield at South Central Street.

26. East “I” Street. Vehicles traveling west on East “I” Street shall yield at South Clark Street.

27. East “E” Street. Vehicles traveling on East “E” Street shall yield at South 4 th Street.

28. East “E” Street. Vehicles traveling west on East “E” Street shall yield at Clark Street.

29. “C” Street. Vehicles traveling on “C” Street shall yield at South Clark Street.

30. East “C” Street. Vehicles traveling on East “C” Street shall yield at 4 th Street.

31. East “B” Street. Vehicles traveling on East “B” Street shall yield at 4 th Street.

32. “B” Street. Vehicles traveling on “B” Street shall yield at South Clark Street.

33. South 7th Street. Vehicles traveling on South 7th Street shall yield at West “B” Street.

34. South 6th Street. Vehicles traveling on South 6th Street shall yield at West “B” Street.

35. “A” Street. Vehicles traveling on “A” Street shall yield at South Clark Street.

36. Oakridge Drive. Vehicles traveling south on Oakridge Drive shall yield at Westgate Drive.

37. Sunland Drive. Vehicles traveling west on Sunland Drive shall yield at Oakridge Drive.

38. Sunland Drive. Vehicles traveling east on Sunland Drive shall yield at Hillhaven Drive.

39. Oakridge Drive. Vehicles traveling east on Oakridge Drive shall yield at Hillhaven Drive.

40. Walnut Street. Vehicles traveling north on Walnut Street shall yield at Sunset Drive.

41. Sunset Drive. Vehicles traveling east on Sunset Drive shall yield at 165th Avenue.

42. South 4th Street. Vehicles traveling west on South 4 th Street shall yield at B-14 (Crystal Lake Blacktop).

43. Woodland Drive. Vehicles traveling north on Woodland Drive shall yield at Walnut Street.

44. Walnut Street. Vehicles traveling south on Walnut Street shall yield at Woodland Drive.

45. North 8th Street. Vehicles traveling on North 8th Street shall yield at West “M” Street.

46. South 11th Street. Vehicles traveling on South 11th Street shall yield at West “I” Street.

47. South 10th Street. Vehicles traveling south on South 10th Street shall yield at West “I” Street.

48. South 9th Street. Vehicles traveling south on South 9 th Street shall yield at West “I” Street.

49. Chapel Street. Vehicles traveling on Chapel Street shall yield at West “I” Street.



50. South 9th Street. Vehicles traveling north on South 9 th Street shall yield at West “G” Street.

51. West “C” Street. Vehicles traveling west on West “C” Street shall yield at South 7 th

Street.

52. West “A” Street. Vehicles traveling west on West “A” Street shall yield at South 6 th

Street.

53. Hillhaven Drive. Vehicles traveling south on Hillhaven Drive shall yield at Westgate Drive.

54. Westgate Drive. Vehicles traveling southeasterly on Westgate Drive shall yield at John K. Hanson Drive.

55. Indian Avenue. Vehicles traveling east on Indian Avenue shall yield at John K. Hanson Drive.

56. Hancock County Road B-14. Vehicles traveling on Hancock County Road B-14 shall yield at the Union Pacific Railroad Crossing.

57. Winnebago Way. Vehicles traveling south on Winnebago Way shall yield at the intersection at John K. Hanson Drive. (Ord. 724 – Jan. 12 Supp.)

65.05 SCHOOL STOPS.

1. Between the hours of 8:00 a.m. and 5:00 p.m., from August 15 through June 15, both inclusive, or when school is in session, every driver of a vehicle approaching the following school crossing zones shall bring the vehicle to a full stop before crossing from either side of the following intersections and thereafter shall proceed in a careful and prudent manner until the vehicle shall have passed through such school crossing zone.


A. On “K” Street from the intersection of 11th Street west to the intersection of West School Street.

B. On “I” Street from Cathedral Oaks west to Spring Valley Road.

2. There shall be no through traffic on streets designated in this subsection between the hours of 8:30 a.m. and 4:00 p.m. on all days when the Forest City public high school is in session.

A. “K” Street from Best Street west to the intersection with West School Street.

B. “L” Street from Best Street west and south to the intersection with “K” Street.

C. West School Street from “J” Street north to the intersection with “K” Street.

65.06 STOP BEFORE CROSSING SIDEWALK. The driver of a vehicle emerging from a private roadway, alley, driveway, or building shall stop such vehicle immediately prior to driving onto the sidewalk area and thereafter shall proceed into the sidewalk area only when able to do so without danger to pedestrian traffic and shall yield the right-of-way to any vehicular traffic on the street into which the vehicle is entering.


65.07 STOP WHEN TRAFFIC IS OBSTRUCTED. Notwithstanding any traffic control signal indication to proceed, no driver shall enter an intersection or a marked crosswalk unless



there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle.

65.08 YIELD TO PEDESTRIANS IN CROSSWALKS. Where traffic control signals are not in place or in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping, if need be, to yield to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection.


65.09 OFFICIAL TRAFFIC CONTROLS. Every driver shall observe and comply with the directions provided by official traffic control signals at the following intersections:


1. Intersection of U.S. Highway 69 and Iowa Highway 9 and Secor Avenue;

2. Intersection of U.S. Highway 69 and East “J” Street;

3. On West “I” Street 250 feet west of the intersection of Hillhaven Drive and “I” Street for traffic traveling east and west;

4. On South 4th Street 930 feet south of the intersection of Park Street and 4 th

Street for traffic traveling north and south.


CHAPTER 66

LOAD AND WEIGHT RESTRICTIONS 66.01 Temporary Embargo 66.03 Load Limits on Bridges66.02 Permits for Excess Size and Weight 66.04 Weight Restrictions on City Bridges; Permit

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

(Code of Iowa, Sec. 321.471 & 472)

66.02 PERMITS FOR EXCESS SIZE AND WEIGHT. The Police Chief may, upon application and good cause being shown therefor, issue a special permit in writing authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight or load exceeding the maximum specified by State law or the City over those streets or bridges named in the permit which are under the jurisdiction of the City and for which the City is responsible for maintenance.

(Code of Iowa, Sec. 321.473 & 321E.1)

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


66.04 WEIGHT RESTRICTIONS ON CITY BRIDGES; PERMIT.

1. General Requirements. Any vehicle with a gross weight less than 96,000 pounds on seven axles or gross weight less than 90,000 pounds on five axles is permitted to travel over a City bridge.

2. Permit Requirements. No vehicle with a gross weight over the restrictions as enumerated in subsection 66.04(1) is permitted to travel over a bridge in the City unless a permit from the Forest City Chief of Police has been issued to the owner of said vehicle.

3. Application of Permit. To obtain a permit, a person must do the following:

A. Submit an application on forms approved by the Forest City Chief of Police to the Forest City Chief of Police at least 10 days before the use of the bridge;

B. Pay a non-refundable fee of $250.00.

4. Permit Issue. The permit will be issued only in the event that the engineer approves the permit and certifies the bridge is structurally able to hold the load that is to travel over the bridge.

5. Permitted Use. The use of the bridge will be in compliance with any restrictions approved by the engineer.


CHAPTER 66 LOAD AND WEIGHT RESTRICTIONS

(Ord. 706 – Oct. 10 Supp.)


CHAPTER 67

PEDESTRIANS 67.01 Walking in Street 67.03 Pedestrian Crossing67.02 Hitchhiking 67.04 Use Sidewalks

67.01 WALKING IN STREET. Pedestrians shall at all times when walking on or along a street, walk on the left side of the street.


67.02 HITCHHIKING. No person shall stand in the traveled portion of a street for the purpose of soliciting a ride from the driver of any private vehicle.


67.03 PEDESTRIAN CROSSING. Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.


67.04 USE SIDEWALKS. Where sidewalks are provided it is unlawful for any pedestrian to walk along and upon an adjacent street.


CHAPTER 67 PEDESTRIANS


CHAPTER 68

ONE-WAY TRAFFIC

68.01 ONE-WAY TRAFFIC REQUIRED. Upon the following streets and alleys vehicular traffic, other than permitted cross traffic, shall move only in the indicated direction when appropriate signs are in place.


1. School Street shall be westbound only from Clark Street to a point 88 feet east of the west line of Lot Three (3), Block 47, Forest City, Iowa.

2. Methodist Alley shall be eastbound only from South Clark Street to South 4th Street.

3. Harrison Alley shall be southbound only from East “J” Street to East “K” Street.

4. Kelly’s Court shall be southbound only for its entire length.


CHAPTER 68 ONE-WAY TRAFFIC


CHAPTER 69

PARKING REGULATIONS 69.01 Park Adjacent to Curb 69.12 Parking Limited to Two Hours69.02 Park Adjacent to Curb - One-way Street 69.13 Snow Removal69.03 Angle Parking 69.14 Snow Routes69.04 Angle Parking – Manner 69.15 Fire Lanes69.05 Parking for Certain Purposes Illegal 69.16 Controlled Access Facilities69.06 Parking Prohibited 69.17 Off-Street Parking Area69.07 Persons with Disabilities Parking 69.18 Law Enforcement Parking69.08 No Parking Zones 69.19 Law Enforcement Parking Lot69.09 All Night Parking Prohibited 69.20 Permitted Overnight Parking69.10 Truck Parking Limited 69.21 J Street Residential Parking Permit69.11 Parking Limited to 15 Minutes

69.01 PARK ADJACENT TO CURB. No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the right-hand wheels of the vehicle within eighteen (18) inches of the curb or edge of the roadway except as hereinafter provided in the case of angle parking and vehicles parked on the left-hand side of one-way streets.


69.02 PARK ADJACENT TO CURB – ONE-WAY STREET. No person shall stand or park a vehicle on the left-hand side of a one-way street other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the left-hand wheels of the vehicle within eighteen (18) inches of the curb or edge of the roadway except as hereinafter provided in the case of angle parking.


69.03 ANGLE PARKING. Angle or diagonal parking is permitted only in the following locations:


1. South Clark Street on the west side from West “J” Street to West “I” Street;

2. West “J” Street on the south side from Clark Street to South 6th Street;

3. North 4th Street on the west side from East “K” Street to East “L” Street;

4. North 6th Street on the west side from West “K” Street to West “L” Street.

69.04 ANGLE PARKING – MANNER. Upon those streets or portions of streets which have been signed or marked for angle parking, no person shall park or stand a vehicle other than at an angle to the curb or edge of the roadway or in the center of the roadway as indicated by such signs and markings. No part of any vehicle, or the load thereon, when 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.



CHAPTER 69 PARKING REGULATIONS

69.05 PARKING FOR CERTAIN PURPOSES ILLEGAL. No person shall park a vehicle upon public property for more than forty-eight (48) hours, unless otherwise limited under the provisions of this chapter, or for any of the following principal purposes:


1. Sale. Displaying such vehicle for sale;

2. Repairing. For lubricating, repairing or for commercial washing of such vehicle except such repairs as are necessitated by an emergency;

3. Advertising. Displaying advertising;

4. Merchandise Sales. Selling merchandise from such vehicle except in a duly established market place or when so authorized or licensed under this Code of Ordinances.

69.06 PARKING PROHIBITED. No one shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or traffic control device, in any of the following places:

1. Crosswalk. On a crosswalk.(Code of Iowa, Sec. 321.358[5])

2. Center Parkway. On the center parkway or dividing area of any divided street.(Code of Iowa, Sec. 321.236[1])

3. Mailboxes. Within twenty (20) feet on either side of a mailbox which is so placed and so equipped as to permit the depositing of mail from vehicles on the roadway.


4. Sidewalks. On or across a sidewalk. (Code of Iowa, Sec. 321.358[1])

5. Driveway. In front of a public or private driveway.(Code of Iowa, Sec. 321.358[2])

6. Intersection. Within an intersection or within ten (10) feet of an intersection of any street or alley.


7. Fire Hydrant. Within five (5) feet of a fire hydrant.(Code of Iowa, Sec. 321.358[4])

8. Stop Sign or Signal. Within ten (10) feet upon the approach to any flashing beacon, stop or yield sign, or traffic control signal located at the side of a roadway.


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


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


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




12. Double Parking. On the roadway side of any vehicle stopped or parked at the edge or curb of a street.


13. Hazardous Locations. When, because of restricted visibility or when standing or parked vehicles would constitute a hazard to moving traffic, or when other traffic conditions require, the Council may cause curbs to be painted with a yellow color and erect no parking or standing signs.


14. Churches, Nursing Homes and Other Buildings. A space of fifty (50) feet is hereby reserved at the side of the street in front of any theatre, auditorium, hotel having more than twenty-five (25) sleeping rooms, hospital, nursing home, taxicab stand, bus depot, church, or other building where large assemblages of people are being held, within which space, when clearly marked as such, no motor vehicle shall be left standing, parked or stopped except in taking on or discharging passengers or freight, and then only for such length of time as is necessary for such purpose.


15. Alleys. No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand or park a vehicle within an alley in such a position as to block the driveway entrance to any abutting property. The provisions of this subsection shall not apply to a vehicle parked in any alley which is eighteen (18) feet wide or less; provided said vehicle is parked to deliver goods or services.


16. Ramps. In front of a curb cut or ramp which is located on public or private property in a manner which blocks access to the curb cut or ramp.


17. 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.

69.07 PERSONS WITH DISABILITIES PARKING. The following regulations shall apply to the establishment and use of persons with disabilities parking spaces:

1. Establishment. Persons with disabilities parking spaces shall be established and designated in accordance with Chapter 321L of the Code of Iowa and Iowa Administrative Code, 661-18. No unauthorized person shall establish any on-street persons with disabilities parking space without first obtaining Council approval.

2. Improper Use. The following uses of a persons with disabilities parking space, located on either public or private property, constitute improper use of a persons with disabilities parking permit, which is a violation of this Code of Ordinances:

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

A. Use by an operator of a vehicle not displaying a persons with disabilities parking permit;

B. Use by an operator of a vehicle displaying a persons with disabilities parking permit but not being used by a person issued a permit or being transported in accordance with Section 321L.2[1b] of the Code of Iowa;



C. Use by a vehicle in violation of the rules adopted under Section 321L.8 of the Code of Iowa.

3. Wheelchair Parking Cones. No person shall use or interfere with a wheelchair parking cone in violation of the following:

A. A person issued a persons with disabilities parking permit must comply with the requirements of Section 321L.2A(1) of the Code of Iowa when utilizing a wheelchair parking cone.

B. A person shall not interfere with a wheelchair parking cone which is properly placed under the provisions of Section 321L.2A(1) of the Code of Iowa.

4. Spaces Designated. The following parking spaces within the City limits shall be designated as handicapped parking:

A. The first parking space on the north side of the alley in Block 34 immediately adjacent to and west of Clark Street.

B. The first parking space on the west side of Clark Street immediately adjacent to and south of the intersection of the alley in Block 34 with Clark Street.

C. The first parking space on the west side of Clark Street immediately north of the alley in Block 63.

D. The first two parking spaces on the east side of Clark Street, south of the intersection of Clark Street and “G” Street.

E. The first parking space on the north side of “K” Street immediately adjacent to and east of the alley in Block 33.

F. The first parking space on the north side of the alley in Block 34 immediately adjacent to and west of Clark Street.

G. The first parking space on the east side of Clark Street in Block 48 immediately adjacent to and south of “K” Street.

H. The parking stall on the west side of 4th Street, 120 feet north of the intersection of “J” Street and 4th Street.

I. The parking stall located in the Northwest Corner of the Municipal Parking Lot located in the South 33 feet of Lot 3, Block 33, Original Town, Forest City, Iowa.

J. The first parking stall on the north side of “L” Street west of the intersection of North Clark Street and “L” Street. (Ord. 745 – Oct. 14 Supp.)

K. Two parking stalls in the alley in Block 49 between Clark Street and 4 th Street, on the north side of said alley beginning 39 feet west of the intersection of said alley and Clark Street and to terminate 79 feet west of the intersection of said alley with Clark Street.

L. The parking stall on the east side of Clark Street in Block 49 immediately south of the intersection of Clark Street and “J” Street.

M. The first parking stall located on the north side of “L” Street immediately east of the intersection of Clark Street and “L” Street.

N. A parking stall located in the parking lot on the north side of City Hall, said parking stall will be two (2) feet west of the northeast corner of City Hall.

O. The parking space on the south side of West “I” Street 100 feet east of the intersection of 6th Street and “I” Street.



P. The parking space on the south side of West “I” Street 130 feet east of the intersection of 6th Street and “I” Street.

Q. The parking space on the east side of 6th Street 120 feet south of the intersection of “I” Street and 6th Street.

R. The south side of “J” between Clark Street and 4th Street, beginning 124 feet west of the centerline of 4th Street and ending 164 feet west of the centerline of 4th Street.

(Ord. 725 – Jul. 12 Supp.)

S. On the west side of Clark Street from the center of the Alley between 6 th Street and South Clark Street, thence running directly south 62 feet.

(Ord. 744 – Oct. 14 Supp.)

69.08 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.


1. On the north side of “G” Street from 6th Street to 7th Street;

2. On the south side of “I” Street from 8th Street west to 10th Street;

3. On the north side if “K” Street between 7th Street and 8th Street;

4. On the north side of “L” Street from 4th Street west 132 feet to the middle of the block;

5. On the east side of 6th Street from “L” Street to “M” Street;

6. On Chapel Street between “G” Street and “I” Street;

7. On the west and south sides of Westhaven Drive from the northwestern intersection of Winnebago Way to the southeastern intersection of Winnebago Way;

8. On the east, northeasterly and north side of Winnebago Way from Indian Avenue to Spring Valley Road;

9. On the northeasterly side of Stonebridge Drive from Winnebago Way to Westgate Drive;

10. On the southwesterly side of Westgate Drive from Stonebridge Drive to Spring Valley Road;

11. On the east and southeasterly side of Hillhaven Drive from Westgate Drive to “I” Street;

12. On the northeasterly side of Sunland Way from Oakridge Drive to Hillhaven Drive;

13. On the east and south side of Oakridge Drive from Westgate Drive to Hillhaven Drive;

14. On the north side of “I” Street from 10th Street to School Street;15. On the west side of Best Street from “I” Street to “J” Street;

16. On both sides of 4th Street from “J” Street to County Road B-14, except parking will be allowed on the west side of 4th Street from “I” Street to “E” Street from 8:00 a.m. to 12:00 p.m. on Sundays;17. On the south side of “M” Street from 10th Street to Clark Street;



18. On the south side of “J” Street from John K. Hanson Drive to 6th Street;19. On the north side of “J” Street from 6th Street to 7th Street;20. On the west side of Central Street from “J” to “I” Street;21. On both sides of 8th Street from “J” Street to “I” Street;22. On the east side of 8th Street from “I” Street to “G” Street;23. On the north side of “I” Street from 4th Street to Clark Street;24. On both sides of Chapel Street from “J” Street to “I” Street;25. On the west side of 9th Street from “J” Street north to a point 120 feet south of “I” Street, from 2:00 a.m. until 6:00 a.m. every day of the week;26. On the north side of “I” Street from 9 th Street west to 11th Street from 2:00 a.m. until 6:00 a.m. every day of the week;27. On both sides of 10th Street from “J” Street to “I” Street;

28. On the south side of “G” Street from 4th Street to Clark Street;29. On the west side of 6th Street from “G” Street to “I” Street;

30. On the west side of 6th Street 140 feet south to alley;31. On the north side of “G” Street from 7th Street to 11th Street;

32. On the east side of 7th Street from 75 feet north of Park Street to 200 feet north of Park Street;33. On the south side of Indian Avenue from John K. Hanson Drive to Spring Valley Road;34. In the alleys between 9th Street and 10th Street; “J” Street and “I” Street on both sides;35. On the west side of Sweetgrass Lane south of Pleasant Street to a point 400 feet south of the intersection of Sweetgrass Lane and Pleasant Street;36. On the east side of 7th Street between “J” Street and “L” Street;

37. Passenger cars only will be allowed to park on the north side of “J” Street from a point 35 feet east of the north/south crosswalk at the intersection of 4 th Street and “J” Street, thence east to a point 20 feet west of the alley; all other vehicles are prohibited from parking on “J” Street in this area;38. On the west side of Cathedral Oaks;39. On the north side of “G” Street from 7th Street west to 11th Street;40. On both sides of “G” Street from 6th Street to 7th Street;41. On the south side of School Street from Clark Street to 6th Street;

42. On the south side of the alley between Clark Street and 6th Street in Block 34;

43. On the east side and south side of John K. Hanson Drive from “I” Street to Indian Avenue;

44. On the west side of West Street from “L” Street to 30 feet south of “L” Street;

45. On the east side of West Street from “L” Street to 20 feet south of “L” Street;

46. On the north side of “O” Street from 6 th Street to 11th Street, between the hours of 2:00 a.m. and 5:00 a.m. each day;



47. On the north side of “J” Street from 7th Street to 11th Street, between the hours of 2:00 a.m. and 5:00 a.m. each day;

48. On the east side of Sweetgrass Lane from Pleasant Street to a point 400 feet south of Pleasant Street, between the hours of 2:00 a.m. and 6:00 a.m. each day;

49. On both sides of Clark Street from “L” Street to “I” Street, between the hours of 2:00 a.m. and 5:00 a.m.;

50. On the west side of 4th Street commencing at “K” Street proceeding one-half the distance to “J” Street, between the hours of 2:00 a.m. and 5:00 a.m.;

51. On the north side of “J” Street from Clark Street to 6 th Street, between the hours of 2:00 a.m. and 5:00 a.m.;

52. On both sides of “J” Street from Clark Street to 4 th Street, between the hours of 2:00 a.m. and 5:00 a.m.;

53. On the north side of “J” Street from 4 th Street to one-half the distance to Central Street, between the hours of 2:00 a.m. and 5:00 a.m.;

54. On the south side of “J” Street from Central Street to one-half the distance to 4 th

Street, between the hours of 2:00 a.m. and 5:00 a.m.;

55. On both sides of “K” Street from 4th Street to 6th Street, between the hours of 2:00 a.m. and 5:00 a.m.

56. On the north side of “K” Street beginning 275 feet west of the intersection of “K” Street and the intersection of North Best Street, thence continuing for another 225 feet to the intersection of “K” Street and West School Street from the hours of 8:00 a.m. until 4:00 p.m., Monday through Friday, from September 1 until June 10 each year;

57. On the south side of “K” Street beginning 190 feet west of the intersection of “K” Street and the intersection of North Best Street, thence continuing for another 300 feet to the intersection of “K” Street and West School Street from the hours of 8:00 a.m. until 4:00 p.m., Monday through Friday, from September 1 until the June 10 each year;

58. On the east side of West School Street at the intersection of “K” Street and the intersection of West School Street, thence north for 190 feet from said intersection, from the hours of 8:00 a.m. until 4:00 p.m., Monday through Friday, from September 1 until June 10 each year;

59. On both sides of “J” Street from the intersection of “J” Street and Central Street, thence east to the intersection of “J” Street and U.S. Highway 69;

60. On both sides of “O” Street from Best Street west to 11th Street;

61. On the south side of “O” Street from 11th Street to 6th Street;

62. On both sides of “O” Street from Clark Street to 6th Street;

63. On the south side of “O” Street from Clark Street to 4th Street;

64. On both sides of “G” Street from the intersection of “G” Street and U.S. Highway 69, thence west to a point 300 feet east of the intersection of “G” Street and Central;

65. On the north side of “G” Street from a point 300 feet east of the intersection of “G” Street and Central, thence west to the intersection of “G” Street and Clark Street;

66. On the south side of “G” Street from the intersection of “G” Street and Clark Street, thence west to the intersection of “G” Street and 6th Street;



67. On the north side of “G” Street from the intersection of “G” Street and 11 th Street, thence west to the intersection of “G” Street and John K. Hanson Drive;

68. On the west side of School Street from 8:00 a.m. to 4:00 p.m., Monday through Friday from the Forest City High School property to a point 288 feet south of said high school property;

69. On the east side of School Street from the Forest City High School property to a point 32 feet south of said high school property.

70. On both sides of Secor Avenue from the bridge over the Winnebago River to “L” and 4th Streets;

71. On the south side of “L” Street from 6th Street to 11th Street;

72. On the west side of Clark Street from “G” to “E” Street;

73. Commencing at a point on the southeast corner of the parking lot located at the intersection of “K” Street and 4th Street, thence west 56 feet to the point of beginning, thence continuing west 44 feet, thence north 20 feet, thence east 44 feet, thence south 20 feet to the point of beginning;

74. On the north side of “I” Street from 8th Street west to 9th Street from 2:00 a.m. to 6:00 a.m. every day of the week;

75. The east side of 9th Street from “I” Street north to the south side of the alley in Block 53 from 2:00 a.m. to 6:00 a.m. every day of the week;

76. The west side of 8th Street from “I” Street south to “G” Street from 2:00 a.m. to 6:00 a.m. every day of the week;

77. On the north side of “K” Street 70 feet west of the intersection of “K” Street and Clark Street;

78. On the east side of 11th Street beginning at “O” Street and running north to the end of the concrete street;

79. The East side of South 6th Street between the center of the alley in Block 63, Original town of Forest City, Iowa, thence north to the intersection of 6th Street and “G” Street, between the hours of 5:00 a.m. and 6:30 p.m. Monday through Friday.

(Ord. 714 – Feb. 11 Supp.)



69.09 ALL NIGHT PARKING PROHIBITED. No person, except physicians or other persons on emergency calls and those with overnight permits issued by the City pursuant to this chapter, shall park a vehicle on any of the following named streets for a period of time longer than thirty (30) minutes between the hours of 2:00 a.m. and 5:00 a.m. of any day.

(Code of Iowa, Sec. 321.236[1])1. The north side of the alley in Block 34, adjacent to Lots 2 and 3 in Block 34.

2. From the intersection of 4th Street and “G” Street, then west to the intersection of “G” Street and 6th Street, then north to the intersection of 6th Street and the alley in Block 31, then east through the alley of Block 31 and continuing east through Block 32 to the intersection of said alley, if it continued through Block 32, and 4th Street, then south to the intersection of 4th Street and “K” Street, then east to the intersection of “K” Street and Central Street, then south to the intersection of Central Street and “I” Street, then west to the intersection of “I” Street and 4th Street, then south to the intersection of 4th Street and “G” Street to the place of beginning.3. The City Parking Lot located north of City Hall, Original Town, Forest City, Iowa.4. The Municipal Parking Lot located in Block 33, Original Town, Forest City, Iowa.

(Ord. 713 – Oct. 10 Supp.)

69.10 TRUCK PARKING LIMITED. Trucks weighing five (5) tons or more, loaded or empty, shall not be parked on any street within the City limits except for the purposes of loading and unloading.

69.11 PARKING LIMITED TO FIFTEEN MINUTES. It is unlawful to park any vehicle for a continuous period of more than fifteen (15) minutes on the following designated streets:

1. On the north side of School Street from a point 30 feet west of Clark Street proceeding westward a distance of 134 feet;2. On the north side of School Street beginning at a point 142 feet west of Clark Street thence west 22 feet;3. On the north side of the alley between Clark Street and 6 th Street in Block 34 commencing at Clark westward one-half the distance to 6th Street;4. A diagonal parking place on the north side of “K” Street beginning at a point 202 feet west of Clark Street from 8:00 a.m. until 5:30 p.m.5. The west side of 4th Street beginning at a point 44 feet north of the centerline of East “K” Street, thence continuing north for 20 feet. (Ord. 722 – Jan. 12 Supp.)

69.12 PARKING LIMITED TO TWO HOURS. It is unlawful to park any vehicle for a continuous period of more than two (2) hours upon the following designated streets:

1. On the north side of “I” Street from Chapel Street to 8th Street;

2. The east side of Clark Street beginning at the east west pedestrian cross walk on the south side of the intersection of “I” Street and Clark Street thence continuing south for 170 feet. (Ord. 742 – Jul. 14 Supp.)

69.13 SNOW REMOVAL. No person shall park, abandon or leave unattended any vehicle on any public street, alley, or City-owned off-street parking area when the snow is falling and for a period of forty-eight (48) hours after cessation of a snowfall unless the snow has been removed or plowed from said street, alley or parking area.



(Code of Iowa, 321.236[1])

69.14 SNOW ROUTES. The Council may designate certain streets in the City as snow routes. When conditions of snow or ice exist on the traffic surface of a designated snow route, it is unlawful for the driver of a vehicle to impede or block traffic.


69.15 FIRE LANES. No person shall stop, stand or park a vehicle in a fire lane as provided herein.


1. Fire Lanes Established. The Police Chief may designate fire lanes on any private road or driveway where deemed necessary to assure access to property or premises by authorized emergency vehicles.

2. Signs and Markings. Wherever a fire lane has been designated, the Police Chief shall cause appropriate signs and markings to be placed identifying such fire lanes and the parking prohibition established by this section.

3. Exception. The provisions of this section do not apply to authorized emergency vehicles.

69.16 CONTROLLED ACCESS FACILITIES. Parking restrictions on controlled access facilities are as specified in Chapter 140 of this Code of Ordinances.

69.17 OFF-STREET PARKING AREA. The parcel of land containing Lots 30 - 36, both inclusive, Auditor’s Survey and plat of Block 48 of the City, is designated and established as a City off-street parking area for the use and benefit of the public.

69.18 LAW ENFORCEMENT PARKING. The second parking stall on the west side of Clark Street, north of the alley in Block 63 is designated as parking for peace officers only. No other individual other than a peace officer may park in said stall.

69.19 LAW ENFORCEMENT PARKING LOT. There shall be no parking between 2:00 a.m. and 5:00 a.m. in the parking lots immediately east and west of the Forest City Police Station at 524 North 4th Street unless it is for official police business.

69.20 PERMITTED OVERNIGHT PARKING. Any person may be allowed to park overnight from 12:00 a.m. to 7:00 a.m. in parking lots owned by the City located in Blocks 47 (all parking spaces), 48 (the south row of parking spaces), and 64 (the north four parking spaces on the east side), under the following terms and conditions:

1. A permit application shall be submitted to the Chief of Police on forms prescribed by the Chief.

2. A permit issued by the Chief of Police shall be prominently displayed in the vehicle.

3. An annual permit must be obtained and the annual fee for said permit shall be $120.00.

4. Any permit holder shall comply with the snow removal ordinance and have their vehicle moved in compliance with said snow removal ordinance.



5. No permit holder shall be allowed to park overnight on any City street within the area described in Section 69.09 and must comply with this section and, further must comply with all other parking ordinances of the City.

6. One permit shall be issued for each parking and is transferable from tenant to tenant by the landlord.

7. Any lost or stolen permits shall be immediately reported to the City Clerk.

(Ord. 713 – Oct. 10 Supp.)

69.21 J STREET RESIDENTIAL PARKING PERMIT.

1. Establishment. The “J” Street Residential Parking Permit Area shall be as follows: an area from 7th west to 11th Streets and from “J” north to “L” Streets. Any street within the above described area or any street which acts as a boundary shall include both sides of the street.

2. Resident parking permits. The Chief of Police is authorized to issue a resident parking permit for residents living within the “J” Street Residential Parking Permit Area. Resident parking permits may be issued on an annual or monthly basis. Resident parking permits will be of a color and design, as determined by the Chief of Police, and this color and design will change as needed for enforcement purposes.

3. Resident parking permit placement. Residents issued residential parking permits are required to display the permit on the vehicle in compliance with placement and visibility requirements established by the City Traffic Engineer. The resident parking permit will be of such a design that annual permits may be applied to the inside of the windshield of the vehicle or monthly permits may be hung from the rear view mirror. Both types of permits must be clearly visible for enforcement purposes.

4. Residency requirements for issuance of a resident parking permit. Residents must establish to the satisfaction of the Chief of Police they have a current residence that is within the boundaries of the “J” Street Residential Parking Permit Area to be eligible for issuance of a resident parking permit. Proof of residence will normally be a copy of a signed and executed lease document, copy of a deed which has been filed with the Winnebago County Recorder, or a utility bill with an address within the “J” Street Residential Parking Permit Area.

5. Any permit holder shall comply with the snow removal ordinance and any existing parking ordinances.

6. Only persons with a permit shall be allowed to park within the “J” Street Residential Parking Permit Area. However, any individual who is performing work for a resident of the “J” Street Residential Parking Permit Area shall not be required to have a permit for the period of time the individual is performing the work.

(Ord. 733 - Mar. 13 Supp.)


CHAPTER 70

TRAFFIC CODE ENFORCEMENT PROCEDURES70.01 Arrest or Citation 70.04 Parking Violations: Vehicle Unattended70.02 Scheduled Violations 70.05 Presumption in Reference to Illegal Parking70.03 Parking Violations: Alternate 70.06 Impounding Vehicles

70.01 ARREST OR CITATION. Whenever a peace officer has reasonable cause to believe that a person has violated any provision of the Traffic Code, such officer may:

1. Immediate Arrest. Immediately arrest such person and take such person before a local magistrate, or

2. Issue Citation. Without arresting the person, prepare in quintuplicate a combined traffic citation and complaint as adopted by the Iowa Commissioner of Public Safety, or issue a uniform citation and complaint utilizing a State-approved computerized device.

(Code of Iowa, Sec. 805.6 & 321.485)

70.02 SCHEDULED VIOLATIONS. For violations of the Traffic Code which are designated by Section 805.8A of the Code of Iowa to be scheduled violations, the scheduled fine for each of those violations shall be as specified in Section 805.8A of the Code of Iowa.

(Code of Iowa, Sec. 805.8 & 805.8A)

70.03 PARKING VIOLATIONS: ALTERNATE. Uncontested violations of parking restrictions imposed by this Code of Ordinances shall be charged upon a simple notice of a fine payable at the office of the City Clerk. The simple notice of a fine shall be in the amount of twenty-five dollars ($25.00) for snow route parking violations† and ten dollars ($10.00) for all other violations except improper use of a persons with disabilities parking permit. If such fine is not paid within thirty (30) days, it shall be increased by five dollars ($5.00). The simple notice of a fine for improper use of a persons with disabilities parking permit is one hundred dollars ($100.00). (Ord. 696- Sep. 09 Supp.)

(Code of Iowa, Sec. 321.236[1a] & 321L.4[2])

70.04 PARKING VIOLATIONS: VEHICLE UNATTENDED. When a vehicle is parked in violation of any provision of the Traffic Code, and the driver is not present, the notice of fine or citation as herein provided shall be attached to the vehicle in a conspicuous place.

70.05 PRESUMPTION IN REFERENCE TO ILLEGAL PARKING. In any proceeding charging a standing or parking violation, a prima facie presumption that the registered owner was the person who parked or placed such vehicle at the point where, and for the time during which, such violation occurred, shall be raised by proof that:

1. Described Vehicle. The particular vehicle described in the information was parked in violation of the Traffic Code, and

† EDITOR’S NOTE: A snow route parking violation occurs when the driver of a vehicle impedes or blocks traffic on a designated snow route. (See Section 69.14)


CHAPTER 70 TRAFFIC CODE ENFORCEMENT PROCEDURES

2. Registered Owner. The defendant named in the information was the registered owner at the time in question.

70.06 IMPOUNDING VEHICLES. A peace officer is hereby authorized to remove, or cause to be removed, a vehicle from a street, public alley, public parking lot or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the City, under the circumstances hereinafter enumerated:

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


2. Illegally Parked Vehicle. When any vehicle is left unattended and is so illegally parked as to constitute a definite hazard or obstruction to the normal movement of traffic.


3. Snow Removal. When any vehicle is left parked in violation of a ban on parking during snow removal operations.

4. Parked Over Limited Time Period. When any vehicle is left parked for a continuous period in violation of any limited parking time. If the owner can be located, the owner shall be given an opportunity to remove the vehicle.


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


6. Repeat Offenders. Any vehicle which has been issued two tickets for violations of parking and restrictions as imposed by Section 70.03 of this Code of Ordinances and is found to be in violation for a third time, shall, in addition to the imposition of a third parking ticket, be impounded by the City. Prior to the release of said vehicle, all parking tickets and the cost of towing and impounding the vehicle shall be paid. Any person who removes his or her vehicle from impounding without paying the parking tickets and the cost of towing and impounding shall be guilty of a misdemeanor and the standard penalty pursuant to Section 1.14 shall be imposed for violation of this subsection.



CHAPTER 75

ALL-TERRAIN VEHICLES AND SNOWMOBILES75.01 Purpose 75.06 Thaw Ban75.02 Definitions 75.07 Operation of All-Terrain Vehicles75.03 General Regulations 75.08 Negligence75.04 Operation of Snowmobiles 75.09 Accident Reports75.05 Hours of Operation

75.01 PURPOSE. The purpose of this chapter is to regulate the operation of all-terrain vehicles and snowmobiles within the City.†


1. “All-terrain vehicle” or “ATV” means a motorized vehicle, with not less than three and not more than six non-highway tires, that is limited in engine displacement to less than one thousand (1,000) cubic centimeters and in total dry weight to less than one thousand two hundred (1,200) pounds and that has a seat or saddle designed to be straddled by the operator and handlebars for steering control. (Ord. 732 –Sep. 12 Supp.)

(Code of Iowa, Sec. 321I.1)

2. “Off-road motorcycle” means a two-wheeled motor vehicle that has a seat or saddle designed to be straddled by the operator and handlebars for steering control and that is intended by the manufacturer for use on natural terrain. “Off-road motorcycle” includes a motorcycle that was originally issued a certificate of title and registered for highway use under Chapter 321 of the Code of Iowa, but which contains design features that enable operation over natural terrain. An operator of an off-road motorcycle is also subject to the provisions of this chapter governing the operation of all-terrain vehicles.


3. “Off-road utility vehicle” means a motorized vehicle, with not less than four and not more than eight non-highway tires or rubberized tracks, that is limited in engine displacement to less than one thousand five hundred (1,500) cubic centimeters and in total dry weight to not more than two thousand (2,000) pounds and that has a seat that is of bucket or bench design, not intended to be straddled by the operator, and a steering wheel or control levers for control. An operator of an off-road utility vehicle is also subject to the provisions of this chapter governing the operation of all-terrain vehicles. (Ord. 732 –Sep. 12 Supp.)


4. “Snowmobile” means a motorized vehicle weighing less than one thousand (1,000) pounds which uses sled-type runners or skis, endless belt-type tread with a width of forty-eight (48) inches or less, or any combination of runners, skis or tread, and is designed for travel on snow or ice. “Snowmobile” does not include an all-terrain vehicle which has been altered or equipped with runners, skis, belt-type tracks or treads.

(Code of Iowa, Sec. 321G.1)

† Editor’s Note: See also Chapter 48 with regard to operation of snowmobiles and ATVs in Recreational Areas.


CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES

75.03 GENERAL REGULATIONS. No person shall operate an ATV, off-road motorcycle or off-road utility vehicle within the City in violation of Chapter 321I of the Code of Iowa or a snowmobile within the City in violation of the provisions of Chapter 321G of the Code of Iowa or in violation of rules established by the Natural Resource Commission of the Department of Natural Resources governing their registration, equipment and manner of operation.

(Code of Iowa, Ch. 321G & Ch. 321I)

75.04 OPERATION OF SNOWMOBILES. The operators of snowmobiles shall comply with the following restrictions as to where snowmobiles may be operated within the City:

1. Streets. Snowmobiles shall not be operated on the following streets:

A. Clark Street between “G” Street and “M” Street.

B. 4th Street between “G” Street and “M” Street.

C. 6th Street between “G” street and “M” Street.

D. “I” Street between 7th Street and Central Street.

E. “J” Street between 7th Street and Central Street.

F. “K” Street between 7th Street and Central Street.

G. “L” Street between 7th Street and Central Street.

H. All streets used for sledding, skiing, etc. These street are designated by signs or devices in the roadway.

Snowmobiles are permitted on all other streets within the corporate limits of the City, but only for the purpose of traveling from the owner’s residence to an area of permitted use or from one area of permitted use to another area of permitted use, by the most direct route.

2. Exceptions. Snowmobiles may be operated on prohibited streets only under the following circumstances:

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

(Code of Iowa, Sec. 321G.9[4c])

A. Direct Crossing. Snowmobiles may make a direct crossing of a prohibited street provided all of the following occur:

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

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

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

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

(Code of Iowa, Sec. 321G.9[2])



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

(Code of Iowa, Sec. 321G.13[1h])

4. Trails. Snowmobiles shall not be operated on all-terrain vehicle trails except where so designated.

(Code of Iowa, Sec. 321G.9[4f])

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

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

75.05 HOURS OF OPERATION. No snowmobile shall be operated in the City between the hours of 12:00 midnight and 6:00 a.m. except for emergency situations or for loading and unloading from a transport trailer.

75.06 THAW BAN. Snowmobiles shall not be operated during a publicized thaw ban in areas posted to prohibit such operation.

75.07 OPERATION OF ALL-TERRAIN VEHICLES. The operators of ATVs shall comply with the following restrictions as to where ATVs may be operated within the City:

1. Streets. ATVs and off-road utility vehicles may be operated on streets only in accordance with Section 321.234A of the Code of Iowa or on such streets as may be designated by resolution of the Council for the operation of registered ATVs or registered off-road utility vehicles. In designating such streets, the Council may authorize ATVs and off-road utility vehicles to stop at service stations or convenience stores along a designated street.

(Ord. 709 – Oct. 10 Supp.)(Code of Iowa, Sec. 321I.10[1 & 3])

2. Trails. ATVs shall not be operated on snowmobile trails except where designated.(Code of Iowa, Sec. 321I.10[4])

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

(Code of Iowa, Sec. 321I.14[1h])

4. Parks and Other City Land. ATVs shall not be operated in any park, playground or upon any other City-owned property without the express permission of the City.



5. Sidewalk or Parking. ATVs shall not be operated upon the public sidewalk or that portion of the street located between the curb line and the sidewalk or property line commonly referred to as the “parking.”

75.08 NEGLIGENCE. The owner and operator of an ATV or snowmobile are liable for any injury or damage occasioned by the negligent operation of the ATV or snowmobile. The owner of an ATV or snowmobile shall be liable for any such injury or damage only if the owner was the operator of the ATV or snowmobile at the time the injury or damage occurred or if the operator had the owner’s consent to operate the ATV or snowmobile at the time the injury or damage occurred.

(Code of Iowa, Sec. 321G.18 & 321I.19)

75.09 ACCIDENT REPORTS. Whenever an ATV or snowmobile is involved in an accident resulting in injury or death to anyone or property damage amounting to one thousand dollars ($1000.00) or more, either the operator or someone acting for the operator shall immediately notify a law enforcement officer and shall file an accident report, in accordance with State law.

(Code of Iowa, Sec. 321G.10 & 321I.11)



CHAPTER 76

BICYCLE REGULATIONS 76.01 Scope of Regulations 76.08 Carrying Articles76.02 Traffic Code Applies 76.09 Riding on Sidewalks76.03 Double Riding Restricted 76.10 Towing76.04 Two Abreast Limit 76.11 Improper Riding76.05 Bicycle Paths 76.12 Parking76.06 Speed 76.13 Equipment Requirements76.07 Emerging from Alley or Driveway 76.14 Special Penalty

76.01 SCOPE OF REGULATIONS. These regulations shall apply whenever bicycles, roller blades, skate boards and roller skates are operated upon any street or upon any public path set aside for the exclusive use of bicycles, roller blades, skate boards and roller skates, subject to those exceptions stated herein.

(Code of Iowa, Sec. 321.236 [10])

76.02 TRAFFIC CODE APPLIES. Every person riding on a bicycle, roller blades, skate boards and roller skates upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of the State declaring rules of the road applicable to vehicles or by the traffic code of the City applicable to the driver of a vehicle, except as to those provisions which by their nature can have no application. Whenever such person dismounts from a bicycle, roller blades, skate boards or roller skates, the person shall be subject to all regulations applicable to pedestrians.


76.03 DOUBLE RIDING RESTRICTED. A person propelling a bicycle shall not ride other than astride a permanent and regular seat attached thereto. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

(Code of Iowa, Sec. 321.234 [3 and 4])

76.04 TWO ABREAST LIMIT. Persons riding bicycles, roller blades, skate boards and roller skates upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles, roller blades, skate boards and roller skates.

(Code of Iowa, Sec. 321.236 [10])

76.05 BICYCLE PATHS. Whenever a usable path for bicycles, roller blades, skate boards and roller skates has been provided adjacent to a roadway, riders shall use such path and shall not use the roadway.

(Code of Iowa, Sec. 321.236 [10])

76.06 SPEED. No person shall operate bicycles, roller blades, skate boards or roller skates at a speed greater than is reasonable and prudent under the conditions then existing.

(Code of Iowa, Sec. 321.236 [10])

76.07 EMERGING FROM ALLEY OR DRIVEWAY. The operator of bicycles, roller blades, skate boards and roller skates emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the


CHAPTER 76 BICYCLE REGULATIONS

right-of-way to all pedestrians approaching on said sidewalk or sidewalk area, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway.

(Code of Iowa, Sec. 321.236 [10])

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

(Code of Iowa, Sec. 321.236 [10])

76.09 RIDING ON SIDEWALKS. No person shall bicycle, roller blade, skate board or roller skate on a sidewalk except in accordance herewith:

1. Restricted Sidewalks. No person shall bicycle, roller blade, skate board or roller skate upon sidewalks adjacent to the following streets:

A. Clark Street between “G” Street and “M” Street;

B. 4th Street between “G” Street and “M” Street;

C. 6th Street between “G” Street and “M” Street;

D. “I” Street between 7th Street and Central Street;

E. “J” Street between 7th Street and Central Street;

F. “K” Street between 7th Street and Central Street;

G. “L” Street between 7th Street and Central Street.

2. Single File Limit. Persons bicycling, roller blading, skate boarding or roller skating on sidewalks must ride single file and shall not ride two or more abreast.

3. Yield Right-of-way. Whenever any person is bicycling, roller blading, skate boarding or roller skating upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing.

(Code of Iowa, Sec. 321.236 [10])

76.10 TOWING. It is unlawful for any person bicycling, roller blading, skate boarding or roller skating to be towed or to tow any other vehicle upon the streets of the City.

76.11 IMPROPER RIDING. No person shall bicycle, roller blade, skate board or roller skate in an irregular or reckless manner such as zigzagging, stunting, speeding or otherwise so as to disregard the safety of the operator or others.

76.12 PARKING. No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic.

(Code of Iowa, Sec. 321.236 [10])

76.13 EQUIPMENT REQUIREMENTS. Every person riding a bicycle shall be responsible for providing and using equipment as provided herein:

1. Lamps Required. Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least three hundred (300) feet to the front and with a lamp on the rear exhibiting a red light visible from a distance of three hundred (300) feet to the rear except that a red reflector on the rear, of a type which shall be visible from all distances from fifty (50)



feet to three hundred (300) feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle, may be used in lieu of a rear light.


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

(Code of Iowa, Sec. 321.236 [10])

76.14 SPECIAL PENALTY. Any person violating the provisions of this chapter may, in lieu of the scheduled fine for bicyclists or standard penalty provided for violations of the Code of Ordinances, allow the person’s bicycle to be impounded by the City for not less than five (5) days for the first offense, ten (10) days for a second offense and thirty (30) days for a third offense.


CHAPTER 77

MOPED REGULATIONS77.01 Definition 77.03 American National Standards77.02 Safety Helmet Required

77.01 DEFINITION. As used in this chapter, the term “moped” includes any motor vehicle designed to travel with not more than three wheels in contact with the ground with an engine having a displacement no greater than 50 cubic centimeters or not capable of operation at a speed in excess of 25 miles per hour on level ground, unassisted by human power.

77.02 SAFETY HELMET REQUIRED. No person aged 14 or 15 shall operate or ride a moped upon any street in the City unless the person is properly wearing a safety helmet which complies with the standards set out in Section 77.03.

77.03 AMERICAN NATIONAL STANDARDS. The requirements of the American National Standards as amended are established as the minimum standard requirements for safety helmets for moped operators and riders. These standards are available for public inspection and copies available in the office of the Clerk.


CHAPTER 77 MOPED REGULATIONS



CHAPTER 80

ABANDONED VEHICLES 80.01 Definitions 80.06 Disposal of Abandoned Vehicles80.02 Authority to Take Possession of Abandoned Vehicles 80.07 Disposal of Totally Inoperable Vehicles80.03 Notice by Mail 80.08 Proceeds from Sales80.04 Notification in Newspaper 80.09 Duties of Demolisher80.05 Fees for Impoundment

80.01 DEFINITIONS. For use in this chapter the following terms are defined: (Code of Iowa, Sec. 321.89[1])

1. “Abandoned vehicle” means any of the following:

A. A vehicle that has been left unattended on public property for more than twenty-four (24) hours and lacks current registration plates or two (2) or more wheels or other parts which renders the vehicle totally inoperable.

B. A vehicle that has remained illegally on public property for more than twenty-four (24) hours.

C. A vehicle that has been unlawfully parked or placed on private property without the consent of the owner or person in control of the property for more than twenty-four (24) hours.

D. A vehicle that has been legally impounded by order of a police authority and has not been reclaimed for a period of ten (10) days. However, a police authority may declare the vehicle abandoned within the ten-day period by commencing the notification process.

E. Any vehicle parked on the highway determined by a police authority to create a hazard to other vehicle traffic.

F. A vehicle that has been impounded pursuant to Section 321J.4B of the Code of Iowa by order of the court and whose owner has not paid the impoundment fees after notification by the person or agency responsible for carrying out the impoundment order.

2. “Demolisher” means a person licensed under Chapter 321H of the Code of Iowa whose business it is to convert a vehicle to junk, processed scrap or scrap metal, or otherwise to wreck, or dismantle vehicles.

3. “Police authority” means the Iowa state patrol or any law enforcement agency of a county or city.

80.02 AUTHORITY TO TAKE POSSESSION OF ABANDONED VEHICLES. A police authority, upon the authority’s own initiative or upon the request of any other authority having the duties of control of highways or traffic, shall take into custody an abandoned vehicle on public property and may take into custody any abandoned vehicle on private property. The police authority may employ its own personnel, equipment, and facilities or hire a private entity, equipment, and facilities for the purpose of removing, preserving, storing, or disposing of abandoned vehicles. A property owner or other person in control of private property may employ a private entity which is a garage keeper (any operator of a parking place or establishment, motor vehicle storage facility, or establishment for the servicing, repair, or maintenance of motor vehicles) to dispose of an abandoned vehicle, and the private


CHAPTER 80 ABANDONED VEHICLES

entity may take into custody the abandoned vehicle without a police authority’s initiative. If a police authority employs a private entity to dispose of abandoned vehicles, the police authority shall provide the private entity with the names and addresses of the registered owners, all lienholders of record, and any other known claimant to the vehicle or the personal property found in the vehicle. (Ord. 698 – Sep. 09 Supp.)


80.03 NOTICE BY MAIL. The police authority or private entity that takes into custody an abandoned vehicle shall notify, within twenty (20) days, by certified mail, the last known registered owner of the vehicle, all lienholders of record, and any other known claimant to the vehicle or to personal property found in the vehicle, addressed to the parties’ last known addresses of record, that the abandoned vehicle has been taken into custody. Notice shall be deemed given when mailed. The notice shall describe the year, make, model and vehicle identification number of the vehicle, describe the personal property found in the vehicle, set forth the location of the facility where the vehicle is being held, and inform the persons receiving the notice of their right to reclaim the vehicle and personal property within ten (10) days after the effective date of the notice upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody and upon payment of the costs of the notice. The notice shall also state that the failure of the owner, lienholders or claimants to exercise their right to reclaim the vehicle or personal property within the time provided shall be deemed a waiver by the owner, lienholders and claimants of all right, title, claim and interest in the vehicle or personal property and that failure to reclaim the vehicle or personal property is deemed consent to the sale of the vehicle at a public auction or disposal of the vehicle to a demolisher and to disposal of the personal property by sale or destruction. If the abandoned vehicle was taken into custody by a private entity without a police authority’s initiative, the notice shall state that the private entity may claim a garage keeper’s lien as described in Section 321.90 of the Code of Iowa, and may proceed to sell or dispose of the vehicle. If the abandoned vehicle was taken into custody by a police authority or by a private entity hired by a police authority, the notice shall state that any person claiming rightful possession of the vehicle or personal property who disputes the planned disposition of the vehicle or property by the police authority or private entity or of the assessment of fees and charges provided by this section may ask for an evidentiary hearing before the police authority to contest those matters. If the persons receiving notice do not ask for a hearing or exercise their right to reclaim the vehicle or personal property within the ten-day reclaiming period, the owner, lienholders or claimants shall no longer have any right, title, claim, or interest in or to the vehicle or the personal property. A court in any case in law or equity shall not recognize any right, title, claim, or interest of the owner, lienholders or claimants after the expiration of the ten-day reclaiming period. (Ord. 698 – Sep. 09 Supp.)


80.04 NOTIFICATION IN NEWSPAPER. If it is impossible to determine with reasonable certainty the identity and addresses of the last registered owner and all lienholders, notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned shall be sufficient to meet all requirements of notice under Section 80.03. The published notice may contain multiple listings of abandoned vehicles and personal property but shall be published within the same time requirements and contain the same information as prescribed for mailed notice in Section 80.03.


80.05 FEES FOR IMPOUNDMENT. The owner, lienholder or claimant shall pay three dollars ($3.00) if claimed within five (5) days of impounding, plus one dollar ($1.00) for each



additional day within the reclaiming period plus towing charges, if stored by the City, or towing and storage fees, if stored in a public garage, whereupon said vehicle shall be released. The amount of towing charges, and the rate of storage charges by privately owned garages, shall be established by such facility.


80.06 DISPOSAL OF ABANDONED VEHICLES. If an abandoned vehicle has not been reclaimed as provided herein, the police authority or private entity shall make a determination as to whether or not the motor vehicle should be sold for use upon the highways, and shall dispose of the motor vehicle in accordance with State law.


80.07 DISPOSAL OF TOTALLY INOPERABLE VEHICLES. The City or any person upon whose property or in whose possession is found any abandoned motor vehicle, or any person being the owner of a motor vehicle whose title certificate is faulty, lost or destroyed, may dispose of such motor vehicle to a demolisher for junk, without a title and without notification procedures, if such motor vehicle lacks an engine or two (2) or more wheels or other structural part which renders the vehicle totally inoperable. The police authority shall give the applicant a certificate of authority. The applicant shall then apply to the County Treasurer for a junking certificate and shall surrender the certificate of authority in lieu of the certificate of title.

(Code of Iowa, Sec. 321.90[2e])

80.08 PROCEEDS FROM SALES. Proceeds from the sale of any abandoned vehicle shall be applied to the expense of auction, cost of towing, preserving, storing and notification required, in accordance with State law. Any balance shall be held for the owner of the motor vehicle or entitled lienholder for ninety (90) days, and then shall be deposited in the State Road Use Tax Fund. Where the sale of any vehicle fails to realize the amount necessary to meet costs the police authority shall apply for reimbursement from the Department of Transportation.


80.09 DUTIES OF DEMOLISHER. Any demolisher who purchases or otherwise acquires an abandoned motor vehicle for junk shall junk, scrap, wreck, dismantle or otherwise demolish such motor vehicle. A demolisher shall not junk, scrap, wreck, dismantle or demolish a vehicle until the demolisher has obtained the junking certificate issued for the vehicle.



CHAPTER 81

RAILROAD REGULATIONS81.01 Definitions 81.03 Obstructing Streets81.02 Warning Signals 81.04 Crossing Maintenance


1. “Operator” means any individual, partnership, corporation or other association which owns, operates, drives or controls a railroad train.

2. “Railroad train” means an engine or locomotive, with or without cars coupled thereto, operated upon rails.


81.02 WARNING SIGNALS. Operators shall sound a horn at least 1,000 feet before a street crossing is reached and after sounding the horn, shall ring the bell continuously until the crossing is passed.


81.03 OBSTRUCTING STREETS. Operators shall not operate any train in such a manner as to prevent vehicular use of any highway, street or alley for a period of time in excess of ten (10) minutes except:


1. Comply with Signals. When necessary to comply with signals affecting the safety of the movement of trains.

2. Avoid Striking. When necessary to avoid striking any object or person on the track.

3. Disabled. When the train is disabled.

4. Safety Regulations. When necessary to comply with governmental safety regulations including, but not limited to, speed ordinances and speed regulations.

5. In Motion. When the train is in motion except while engaged in switching operations.

6. No Traffic. When there is no vehicular traffic waiting to use the crossing.

An employee is not guilty of a violation of this section if the employee’s action was necessary to comply with the direct order or instructions of a railroad corporation or its supervisors. Guilt is then with the railroad corporation.

81.04 CROSSING MAINTENANCE. Operators shall construct and maintain good, sufficient and safe crossings over any street traversed by their rails.

(Bourett vs. Chicago & N.W. Ry. 152 Iowa 579, 132 N.W. 973 [1943]) (Code of Iowa, Sec. 364.11)


CHAPTER 81 RAILROAD REGULATIONS


CHAPTER 82

GOLF CARTS82.01 Manner of Operation – General Requirements 82.09 Streets Upon Which Golf Carts May Be Operated82.02 Observance of Traffic Regulations Mandatory 82.10 Careless Operation Unlawful82.03 Permit Required 82.11 Operating Under the Influence82.04 Proof of Liability Insurance 82.12 Towing82.05 Standard Equipment Regulations 82.13 Trespassing on Private Property82.06 Operation Regulations 82.14 Operation Limitation – Cemeteries82.07 Times of Operation Limited 82.15 Community Events - Exception82.08 Sidewalks and Adjacent Areas

82.01 MANNER OF OPERATION – GENERAL REQUIREMENTS. No person shall operate a golf car or four wheel utility vehicle in the City except as hereinafter provided. No person shall be permitted to operate a golf cart or four-wheel utility vehicle with a single seat or in-line seating in the City. (Ord. 757 – May. 16 Supp.)

82.02 OBSERVANCE OF TRAFFIC REGULATIONS MANDATORY. Golf cart operators shall observe all State and local traffic control regulations and devices.

82.03 PERMIT REQUIRED. No golf cart shall be operated in the City unless a permit from the Forest City City Clerk has been issued to the owner of said golf cart. The permit received from the City must be with the golf cart whenever it is operated within the City. The permit is good for the calendar year within which it is issued and shall be renewed annually. The fee for said permit is $5.00 per year. Prior to any initial or renewal permit being issued, the golf cart shall be inspected by a person designated by the City to make sure said golf cart complies with the requirements of this chapter. There shall be no permits issued if in the previous year the applicant was cited and convicted of any violations of this chapter.

82.04 PROOF OF LIABILITY INSURANCE. As part of the permit process, the owner of the golf car must provide proof of liability insurance with minimum limits of $100,000 each person, $300,000 each accident before a permit will be issued. The proof of insurance must be with the golf cart whenever said golf cart is in operation.

82.05 STANDARD EQUIPMENT REGULATIONS. All golf carts shall be equipped with the following:

1. Brakes.

2. Slow moving vehicle sign.

3. Bicycle safety flag on a staff holder to put such flag at least five feet above the surface of the street.

4. Any other safety equipment which may be required for golf carts by Chapter 321 of the Code of Iowa.

82.06 OPERATION REGULATIONS. The following regulations apply to the operation of a golf cart within the City.

1. Any operator of a golf cart must have a valid driver’s license.


CHAPTER 82 GOLF CARTS

2. All riders in the golf cart must remain seated at all times.

3. No more than two adult people may ride in the front seat of a golf cart and no more than two adult people may ride in the back seat of a golf cart, if said seat exists. While operating any rider must be seated on the seat and no part of the body of any rider will extend beyond the sides of the cart. Children must be accompanied by an adult driver and must follow all requirements of this subsection except the capacity limits as long as all children are seated on the seat and no part of the body of the child extends beyond the sides of the cart.

82.07 TIMES OF OPERATION LIMITED. Golf carts may be operated during the following times:

1. From sunrise to sunset. (Ord. 751 – Feb-16 Supp.)

2. Golf carts are prohibited on streets during inclement weather when visibility is reduced or impaired by weather, smoke, fog or other conditions or at any other time there is insufficient light clearly to see a person or vehicle on a roadway at a distance of 500 feet.

82.08 SIDEWALKS AND ADJACENT AREAS.

1. No golf carts shall be operated upon the public sidewalk, nor shall they be operated upon that portion of the street located between the curb line and the sidewalk or property line, referred to as the “parking” except for purposes of crossing the same to a public street upon which operation is authorized by this chapter.

2. Parking. Two carts may use one parking space provided they both park within the parking space lines.

82.09 STREETS UPON WHICH GOLF CARTS MAY BE OPERATED. Golf carts may only be operated on streets except golf carts are prohibited from being operated on the following streets, except to cross said streets:

1. U.S. Highway 69.

2. Iowa Highway 9.

3. Spring Valley Road.

4. Hancock County Road B-14.

82.10 CARELESS OPERATION UNLAWFUL. No person shall operate a golf cart in a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto.

82.11 OPERATING UNDER THE INFLUENCE. No person shall operate a golf cart while under the influence of intoxicating liquor or narcotics or habit forming drugs.

82.12 TOWING. No item shall be towed by a golf cart.

82.13 TRESPASSING ON PRIVATE PROPERTY. No golf cart shall be operated upon private property without the express consent of the owner thereof.

82.14 OPERATION LIMITATION – CEMETERIES. No golf carts shall be operated on roadways or other areas in cemeteries located in the City.



82.15 COMMUNITY EVENTS – EXCEPTION. The Forest City Chief of Police may grant exceptions and allow any type of golf cart to be used on any City street by community and civic organizations for community events.

(Ch. 82 – Ord. 684 – Aug. 08 Supp.)


CHAPTER 90

WATER SERVICE SYSTEM90.01 Definitions 90.13 Failure to Maintain90.02 Superintendent’s Duties 90.14 Curb Valve90.03 Mandatory Connections 90.15 Interior Valve90.04 Abandoned Connections 90.16 Inspection and Approval90.05 Permit 90.17 Completion by the City90.06 Hookup Fee 90.18 Shutting off Water Supply90.07 Compliance with Plumbing Code 90.19 Operation of Curb Valve 90.08 Plumber Required 90.20 Fire Hydrants90.09 Excavations 90.21 Fluoridation90.10 Tapping Mains 90.22 Cross Connection Prohibited90.11 Installation of Water Service Pipe 90.23 Private Water Well Prohibition90.12 Responsibility for Water Service Pipe

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.

3. “Superintendent” means the Superintendent of the City water system or any duly authorized assistant, agent or representative.

4. “Water main” means a water supply pipe provided for public or community use.

5. “Water service pipe” means the pipe from the water main to the building served.

6. “Water system” or “water works” means all public facilities for securing, collecting, storing, pumping, treating and distributing water.

90.02 SUPERINTENDENT’S DUTIES. The Superintendent shall 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.


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, if it is reasonably available and if the building is not furnished with pure and wholesome water from some other source.


CHAPTER 90 WATER SERVICE 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 stop and made absolutely watertight.

90.05 PERMIT. Before any person makes a connection with the public water system, a written permit must be obtained from the City. The application for the permit shall include a legal description of the property, the name of the property owner, the name and address of the person who will do the work, and the general uses of the water. If the proposed work meets all the requirements of this chapter and if all fees required under this chapter have been paid, the permit shall be issued. Work under any permit must be completed within sixty (60) days after the permit is issued, except that when such time period is inequitable or unfair due to conditions beyond the control of the person making the application, an extension of time within which to complete the work may be granted. The permit may be revoked at any time for any violation of these chapters.

90.06 HOOKUP FEE. Before any permit is issued the person who makes the application shall pay a $750.00 hookup fee to the Clerk.


90.07 COMPLIANCE WITH PLUMBING CODE. The installation of any water service pipe and any connection with the water system shall comply with all pertinent and applicable provisions, whether regulatory, procedural or enforcement provisions, of the State Plumbing Code.

90.08 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.

90.09 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.

90.10 TAPPING MAINS. All taps into water mains shall be made by or under the direct supervision of the Superintendent and in accord with the following:


1. Independent Services. No more than one house, building or premises shall be supplied from one tap unless special written permission is obtained from the Superintendent and unless provision is made so that each house, building or premises may be shut off independently of the other.

2. Sizes and Location of Taps. All mains six (6) inches or less in diameter shall receive no larger than a ¾-inch tap. All mains of over six 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 on the side and near the top of the pipe, at least twelve (12) inches apart. No main shall be tapped nearer than eighteen (18) inches of the hub.

3. Corporation Stop. A brass corporation stop, of the pattern and weight approved by the Superintendent, shall be inserted in every tap in the main. The corporation stop in the main shall be of the same size as the service pipe.

4. Location Record. An accurate and dimensional sketch showing the exact location of the tap shall be filed with the Superintendent in such form as the Superintendent shall require.

90.11 INSTALLATION OF WATER SERVICE PIPE. Water service pipes from the main to the curb valve shall be Type K copper. Water service pipes from the curb valve to the meter setting may be either Type K copper or copper tube size polyethylene pipe. Polyethylene pipe shall be 200 psi, SDR 9, meeting ASTM D2737, AWWA C901 and material PE 3408. Tracer wire shall be installed with all polyethylene pipe. Tracer wire shall be a minimum 10 gauge copper type THHW. The use of polyethylene pipe in and around areas of petroleum tanks is not allowed. Pipe must be laid sufficiently waving, and to such depth, as to prevent rupture from settlement or freezing.

90.12 RESPONSIBILITY FOR WATER SERVICE PIPE. All costs relating to the initial installation of the water service pipe shall be borne by the owner. Once the service pipe has been inspected and approved for use by the Superintendent, the owner shall be responsible for all costs and expenses incident to the maintenance and repair of such water service pipe from the curb valve or property line (whichever comes first) to the building served. The determination as to which comes first, the curb valve or the property line, shall be determined from an origination point at the water main line that the service line is connected to. The cost of replacement of curb valves shall be shared equally by the City and the property owner. The owner shall indemnify the City for any loss or damage that may directly or indirectly be occasioned by the installation or maintenance of said water service pipe. Additional related responsibilities of the owner are as follows:

1. Keep the water service pipe and fixtures connected with it in good repair, and protect or free same of frost;

2. Pay for all repairs to service pipe, including digging and filling whether done by the owner or the City as permitted by this chapter;

3. Where paving is ordered on any street, replace all service pipe and connections not complying with Section 90.11, with pipe that does comply;

4. Where a street surface is necessarily removed or excavated for the purpose of laying or repairing service pipe, pay the expense of cutting and replacing same in the manner provided in Chapter 135.

90.13 FAILURE TO MAINTAIN. When any portion of the water service pipe which is the responsibility of the property owner becomes defective or creates a nuisance and the owner fails to correct such nuisance the City may do so and assess the costs thereof to the property.

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



90.14 CURB VALVE. There shall be installed within the public right-of-way a main shut-off valve on the water service pipe of a pattern approved by the Superintendent. The shut-off valve shall be constructed to be visible and even with the pavement or ground.

90.15 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.

90.16 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.

90.17 COMPLETION BY THE CITY. Should any excavation be left open or only partly refilled for twenty-four (24) hours after the water service pipe is installed and connected with the water system, or should the work be improperly done, the City shall have the right to finish or correct the work, and the Council shall assess the costs to the property owner 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])

90.18 SHUTTING OFF WATER SUPPLY. The Superintendent may shut off the supply of water to any customer because of any violation of the regulations contained in these Water Service System chapters that is not being contested in good faith. The supply shall not be turned on again until all violations have been corrected and the Superintendent has ordered the water to be turned on.

90.19 OPERATION OF CURB VALVE. It is unlawful for any person except the Superintendent or a plumber to turn water on at the curb valve, and said plumber shall take no action contrary to the orders of the Superintendent and shall leave the water off or on, as directed by the Superintendent.

90.20 FIRE HYDRANTS.

1. No person, unless specifically authorized by the City, shall open or attempt to draw water from any fire hydrant for any purpose whatsoever.

2. It is unlawful for any person to erect, park, place, plant, or cause to be erected, placed or planted, anything which will interfere with the use of a fire hydrant, fire department inlet connection, or fire protection system control valve, including but not limited to posts, fences, growths, trash, stored materials or objects, or other materials.

3. It is unlawful for any person to erect, place, plant or cause to be erected, placed, or planted anything which will prevent a fire hydrant, fire department inlet connection, or fire protection system control valve from being immediately discernible from a distance of twenty-five (25) feet, including but not limited to posts, fences, growths, trash, stored materials or objects, or other materials. Tall grass and flowers are permitted to the extent they do not



inhibit emergency personnel from immediately discerning the location of fire hydrants, fire department inlet connections or fire protection system control valves from the street.

4. A three-foot radius around every fire hydrant and a walking path free of any debris or fixtures shall be maintained between the street and the fire hydrant, fire department inlet connections or fire protection system control valve, except as otherwise approved by the fire chief or the fire chief’s designee.

5. It shall be the responsibility of the property owner or occupant of the property upon which the fire hydrant, fire department inlet, or fire protection system exists, to ensure that the provisions of this section are complied with. If the fire hydrant, fire department inlet, or fire protection system is located within public right-of-way, then it is the duty of the abutting property owner or occupant to assure compliance with the provisions of this section.

6. The City may serve notice on any property owner or occupant to remove any obstruction(s) to fire hydrants, fire department inlets, or fire protection systems on their property or on the adjoining right-of-way. The City shall grant no fewer than fourteen days’ (14) and no more than thirty-days’ (30) notice to the property owner or occupant to remove any obstructions as set out in this section. If the property owner or occupant fails to adequately remove the obstruction and come into full compliance with this section, with the timeframe stated in the notice, the City shall have the right to enter on the property of the owner or occupant or onto the adjacent right-of-way for the sole purpose of removing the obstructions to the fire hydrant, fire department inlets, or fire protection system. The City may enter onto the property and remove an obstruction in the event of an emergency which requires use of an obstructed fire hydrant, fire department inlets, or fire protection system without giving prior notice to the property owner or occupant. In the event the City removes an obstruction due to the failure of the property owner or occupant to remove the obstruction after proper notice, or in the case of an emergency, the City may charge the costs of said removal to the owner or occupant and may levy this same against the owner or occupant’s land. Costs that may be assessed under this subsection shall include the costs of notice, levy on the property, and reasonable attorney fees.

(Ord. 749 – Oct. 15 Supp.)

90.21 FLUORIDATION. The Superintendent is directed to install in the water system and to operate the necessary equipment to provide a continuous and controlled addition of fluoride into the public water supply of the City, subject to inspection by and direction of the State Department of Public Health.


90.22 CROSS CONNECTION PROHIBITED. The connection or cross connection of any separate water supply to premises which receive water from the City is prohibited.

90.23 PRIVATE WATER WELL PROHIBITION.

1. Definitions. For purposes of this section, the following terms are defined:

A. “Drinking water well” means any underground water used as a source for drinking water by humans and groundwater wells used primarily for the final production of food or medicine for human consumption with facilities routinely characterized with standard industrial codes (SIC) Group 283 for drugs and 20 for foods.

B. “Non-drinking water well” means any groundwater well (except an extraction well used as a part of a mediation system) not defined as a drinking



water well including a groundwater well which is not properly plugged in accordance with applicable laws of the City of Forest City, Iowa and the State of Iowa.

2. Private Water Wells. No person shall construct a private well after July 1, 2001, or own or use a private well constructed after July 1, 2001, in or upon the following described property:

The East 450 feet of the following: That portion of the Northwest Quarter of Section 12, Township 97 North, Range 24 West of the 5 th

P.M. described as follows: Commencing at the northeast corner of said Northwest Quarter; thence S 88°11'12" W 832.47 feet along the Northerly line of said Northwest Quarter to the point of beginning; thence continuing S 88°11'12" W 50.06 feet along said northerly line of the Northwest Quarter; thence S 00°31'18" E 1025.00 feet along a line parallel with the easterly line of said Northwest Quarter; thence N 85°44'12" W 400.00 feet along a line parallel with the centerline of the proposed 04°15'48" W 272.88 feet along a line drawn at right angles to said proposed runway center line to a point distant 250 feet northerly, measured at right angles, from said proposed runway centerline; thence N 85°44'12" W 911.42 feet along a line parallel with said proposed runway center line to a point on the easterly right-of-way line of the Chicago Rock Island and Pacific Railroad; thence S 17°33'51" E 592.48 feet along said railroad right-of-way line to a point distant 300 feet southerly, measured at right angles, from said proposed runway centerline; thence S 85°44'12" E 1377.27 feet along a line parallel with said proposed runway centerline; thence S 08°06'13" W 786.82 feet to a point on the southerly line of said Northwest Quarter; thence N 88°23'49" E 126.51 feet along said southerly line of the Northwest Quarter to a point on the westerly line of the easterly 40 acres of said Northwest Quarter, said point being distant 657.3 feet westerly, measured at right angles, from said easterly line of the Northwest Quarter; thence N 00°31'18" W 1329.49 feet along said westerly line of the easterly 40 acres to a point distant 250 feet northerly, measured at right angles, from said proposed runway centerline; thence S 88°11'12" W 175.0 feet along a line parallel with said northerly line of the Northwest Quarter thence N 00°31'18" W 1320.00 feet along a line parallel with said easterly line of the Northwest Quarter to the point of beginning; containing 23.85 acres and subject to existing public road right-of-way across the northerly 63.0 feet and southerly 33.0 feet thereof.

AND

The east forty (40) acres of the Northwest Quarter (NW¼) of Section Twelve (12), Township Ninety-seven (97) North, Range Twenty-four (24) West of the Fifth Principal Meridian, Hancock County, Iowa.

AND

The south 400 feet of the following: Commencing at the north quarter corner of Section 12 T-97-N, R-24-W of the 5 th P.M.; thence westerly along the north line of Section 12-97-24 657.3 feet to the west line of the existing Airport property and the point of beginning; thence



westerly along the north line of Section 12-97-24, 175.0 feet; thence southerly parallel to the west line of the existing Municipal Airport 1320.0 feet; thence easterly 175.0 feet to the west line of the existing Municipal Airport thence northerly along the west line of the existing Municipal Airport 1320.0 feet to the point of beginning. Said tract is located in the E½ of the NW¼ Section 12, T-97-N, R-24-W of the 5 th

P.M. Hancock County, Iowa and contains 5.30 acres more or less.

AND

The south 100 feet of the east 100 feet of Lot 5 of the Airport Industrial Park Second Subdivision to Hancock County, Iowa.


CHAPTER 91

WATER METERS 91.01 Purpose 91.06 Meter Costs91.02 Water Use Metered 91.07 Meter Repairs91.03 Fire Sprinkler Systems – Exception 91.08 Right of Entry91.04 Location of Meters 91.09 Outside Water Meters91.05 Meter Setting

91.01 PURPOSE. The purpose of this chapter is to encourage the conservation of water and facilitate the equitable distribution of charges for water service among customers.

91.02 WATER USE METERED. All water furnished customers shall be measured through meters furnished by the City and installed by the City.

91.03 FIRE SPRINKLER SYSTEMS – EXCEPTION. Fire sprinkler systems may be connected to water mains by direct connection without meters under the direct supervision of the Superintendent. No open connection can be incorporated in the system, and there shall be no valves except a main control valve at the entrance to the building which must be sealed open.

91.04 LOCATION OF METERS. All meters shall be so located that they are easily accessible to meter readers and repairmen and protected from freezing. All new meter installations shall be made with remote reading dials so that they may be read both at the meter and at a dial located on the outside of the dwelling or building. All remote readers shall be installed outside the building at a point mutually agreed upon by the City and the owner.

91.05 METER SETTING. The property owner shall provide all necessary piping and fittings for proper setting of the meter including a valve on the discharge side of the meter. Meter pits may be used only upon approval of the Superintendent and shall be of a design and construction approved by the Superintendent.

91.06 METER COSTS. Each property owner served shall be charged $25.00 for each 5/8-inch or ¾-inch meter and the actual cost for the material for meters one inch or larger. The City shall install the meters without further charge for labor or materials. The Clerk or Superintendent shall determine from each customer at the time of installation whether the customer desires to pay the full charge at once by separate billing or at the next regular utility billing.

91.07 METER REPAIRS. Whenever a water meter or remote reading appurtenance is found to be out of order the Superintendent shall have it repaired. If it is found that damage to the meter has occurred due to the carelessness or negligence of the customer or property owner, or the meter is not owned by the City, then the property owner shall be liable for the cost of repairs.

91.08 RIGHT OF ENTRY. The Superintendent shall be permitted to enter the premises of any customer at any reasonable time to read, remove, or change a meter.


CHAPTER 91 WATER METERS

91.09 OUTSIDE WATER METERS. Any customer may apply to the City for a water meter for gardening or other activities outside the building as long as the wastewater from said activities does not flow into the sanitary sewer. Application shall be made with the City on permit forms available at the Clerk’s office. The application shall be accompanied by a permit fee in the amount of twenty-five dollars ($25.00).

1. The Superintendent may develop specifications for any additional plumbing which may be required for the outside water meter.

2. Any water usage measured through such meters shall be subject to water rates as specified in Section 92.02 but shall not be subject to sewer use charges.

3. Such meters and remote reading devices shall be purchased by the customer at fees to be established by the City.

4. During any period in which the City determines that it is necessary to conserve water, all outside metered services shall be disconnected immediately. Disconnection will be completed by the City. Reconnection shall occur only when the water conservation period is over, as determined by the City.

5. If at any time it is brought to the attention of the City that the customer is using the outside metered service to provide water for use in the house, the outside service meter shall be removed and the customer shall no longer be eligible for such service.

6. Any sign of meter tampering by the customer shall result in the immediate termination of the outside metering service.

7. The City shall retain ownership of the outside water meter; however, any customer assumes the responsibility for any damage to the outside water meter and remote reading appurtenances.



CHAPTER 92

WATER RATES 92.01 Service Charges 92.06 Lien for Nonpayment92.02 Rates and Service 92.07 Lien Exemption92.03 Rates Outside the City 92.08 Lien Notice92.04 Billing for Water Service 92.09 Customer Utility Deposits92.05 Service Discontinued 92.10 Temporary Vacancy

92.01 SERVICE CHARGES. Each customer shall pay for water service provided by the City based upon use of water as determined by meters provided for in Chapter 91. Each location, building, premises or connection shall be considered a separate and distinct customer whether owned or controlled by the same person or not. The service charges shall be billed as part of a combined service account which means a customer service account for the provision of two or more utility services.


92.02 RATES AND SERVICE. Water service shall be furnished at the following monthly rates to each building, dwelling or premises connected to the municipal waterworks system:


1. A base fee of $10.33 which includes the first 2,000 gallons used per month.

2. All water in excess of 2,000 gallons used per month at $2.37 per 1,000 gallons.

“Building,” as used in this section, means only those buildings which have water connections and excludes outbuildings. Where there are multiple meters in a building, each meter may be charged individually using the above rates.

(Ord. 755 – May 16 Supp.)

92.03 RATES OUTSIDE THE CITY. Water service shall be provided to any customer located outside the corporate limits of the City which the City has agreed to serve at the same rates provided in Section 92.02. No such customer, however, will be served unless the customer shall have signed a service contract agreeing to be bound by the ordinances, rules and regulations applying to water service established by the Council.

(Code of Iowa, Sec. 364.4 & 384.84)

92.04 BILLING FOR WATER SERVICE. Water service shall be billed as part of a combined service account, payable in accordance with the following:


1. Bills Issued. The Clerk shall prepare, date and issue bills for combined service accounts. Bills shall be deemed issued as of the date indicated on the bills.

2. Bills Payable. Bills for combined service accounts shall be due and payable by the twentieth (20th) of the month.

3. Late Payment Penalty. Bills not paid when due shall be considered delinquent. A one-time late payment penalty of one and one-half percent (1.5%) of the amount due shall be added to each delinquent bill.


CHAPTER 92 WATER RATES

92.05 SERVICE DISCONTINUED. Water service to delinquent customers shall be discontinued in accordance with the following:


1. Notice. The Clerk shall notify each delinquent customer that service will be discontinued if payment of the combined service account, including late payment charges, is not received by the date specified in the notice of delinquency. Such notice shall be sent by ordinary mail to the customer in whose name the delinquent charges were incurred and shall inform the customer of the nature of the delinquency and afford the customer the opportunity for a hearing prior to the discontinuance.

(Ord. 685 – Sep. 08 Supp.)

2. Notice to Landlords. If the customer is a tenant, and if the owner or landlord of the property or premises has made a written request for notice, the notice of delinquency shall also be given to the owner or landlord. If the customer is a tenant and requests a change of name for service under the account, such request shall be sent to the owner or landlord of the property if the owner or landlord has made a written request for notice of any change of name for service under the account to the rental property. (Ord. 729 – Sep. 12 Supp.)

3. Hearing. If a hearing is requested by noon of the day preceding the shut off, the Clerk shall conduct an informal hearing and shall make a determination as to whether the disconnection is justified. If it is found that disconnection is justified, then such disconnection shall be made, unless payment has been received.

4. Fees. Rates and charges for restoration of service shall be set by resolution of the Council.

92.06 LIEN FOR NONPAYMENT. The owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for water service charges to the premises. Water service charges remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.


92.07 LIEN EXEMPTION. (Code of Iowa, Sec. 384.84)

1. Water Service Exemption. The lien for nonpayment shall not apply to charges for water service to a residential or commercial rental property where water service is separately metered and the rates or charges for the water service are paid directly to the City by the tenant, if the landlord gives written notice to the City that the property is residential or commercial rental property and that the tenant is liable for the rates or charges. The City may require a deposit not exceeding the usual cost of ninety (90) days of such services to be paid to the City. When the tenant moves from the rental property, the City shall refund the deposit if all service charges are paid in full. The lien exemption does not apply to delinquent charges for repairs related to any of the services.

2. Other Service Exemption. The lien for nonpayment shall also not apply to the charges for any of the services of sewer systems, storm water drainage systems, sewage treatment, solid waste collection, and solid waste disposal for a residential rental property where the charge is paid directly to the City by the tenant, if the landlord gives written notice to the City that the property is residential rental property



and that the tenant is liable for the rates or charges for such service. The City may require a deposit not exceeding the usual cost of ninety (90) days of such services to be paid to the City. When the tenant moves from the rental property, the City shall refund the deposit if all service charges are paid in full. The lien exemption does not apply to delinquent charges for repairs related to any of the services.

3. Written Notice. The landlord’s written notice shall contain the name of the tenant responsible for charges, the address of the residential or commercial rental property that the tenant is to occupy, and the date that the occupancy begins. Upon receipt, the City shall acknowledge the notice and deposit. A change in tenant for a residential rental property shall require a new written notice to be given to the City within thirty (30) business days of the change in tenant. A change in tenant for a commercial rental property shall require a new written notice to be given to the City within ten (10) business days of the change in tenant. A change in the ownership of the residential rental property shall require written notice of such change to be given to the City within thirty (30) business days of the completion of the change of ownership. A change in the ownership of the commercial rental property shall require written notice of such change to be given to the City within ten (10) business days of the completion of the change of ownership.

(Ord. 736 – Sep. 13 Supp.)

92.08 LIEN NOTICE. A lien for delinquent water service charges shall not be certified to the County Treasurer unless prior written notice of intent to certify a lien is given to the customer in whose name the delinquent charges were incurred. If the customer is a tenant and if the owner or landlord of the property has made a written request for notice, the notice shall also be given to the owner or landlord. The notice shall be sent to the appropriate persons by ordinary mail not less than thirty (30) days prior to certification of the lien to the County Treasurer. (Ord. 685 – Sep. 08 Supp.)


92.09 CUSTOMER UTILITY DEPOSITS. There shall be required from every customer served a total deposit which shall be equal to a one-month high bill and which is intended to guarantee the payment of bills for water, sewer, solid waste collection and electric utility services. The one-month high bill will be calculated by the Clerk based on previous utility bills charged to the property served.


92.10 TEMPORARY VACANCY. A property owner may request water service be temporarily discontinued and shut off at the curb valve when the property is expected to be vacant for an extended period of time. There shall be no fee collected for shutting the water off at the curb valve and a thirty dollar ($30.00) fee for restoring service. During a period when service is temporarily discontinued as provided herein there shall be no minimum service charge. The City will not drain pipes or pull meters for temporary vacancies.

(Ord. 716 - Feb. 11 Supp.)


CHAPTER 93

WATER CONSERVATION93.01 Water Shortages 93.05 Water Appeal Board93.02 Conditions 93.06 Municipal Infraction93.03 General Procedure 93.07 Reduction in Flow of Water to Any Person93.04 Penalties

93.01 WATER SHORTAGES. From time to time during and following drought conditions or due to equipment failure, the City’s water supply may become significantly and seriously depleted so that there will not then be a sufficient supply of water to meet all customary and usual demands. Under these conditions, the Council may find, and declare by resolution, a public Water Watch, Water Warning or Water Emergency, during which time the following measures and provisions shall be in effect to produce an orderly and equitable reduction of water consumption until, by resolution, the Council finds and declares the water shortage condition to be ended.

93.02 CONDITIONS.

1. “Water Watch” – A Water Watch may be declared when a water shortage or equipment failure poses a potential threat to the ability of the water system to meet the needs of its customers currently or in the foreseeable future. Indicators of the need to impose a Water Watch include:

A. System operating at 75% of pumping capacity;

B. Moderate decrease in the pumping water level of wells; or

C. Moderate decrease in recovery rate of water level in wells.

2. “Water Warning” – A Tier I or Tier II Water Warning may be declared when a water shortage or equipment failure poses a serious threat to the ability of the water system to meet the needs of its customers currently and in the foreseeable future. Indicators of the need to impose a Tier I Water Warning include:

A. System operating at 85% of pumping capacity; or

B. Significant decrease in the pumping water level of wells; or

C. Significant decrease in recovery rate of water level in wells.

Indicators of the need to impose a Tier II Water Warning include severe system emergencies such as a chemical spill or major system failure in feeder mains or treatment plant.

3. “Water Emergency” – A Water Emergency may be declared when a water shortage or equipment failure poses a severe and immediate threat to the ability of the water system to meet the needs of its customers. Indicators of the need to impose a Water Emergency include:

A. System operation at 95% of pumping capacity; or

B. Serious decrease in recovery rate of water level in wells.


CHAPTER 93 WATER CONSERVATION

93.03 GENERAL PROCEDURE. In the time during or following drought conditions or equipment failure, the following procedures shall be followed:

1. Water Watch. Under a Water Watch, all customers of the municipal water service are encouraged to limit or curtail all nonessential uses of water in order to conserve precious water resources during the time of shortage. Customers may be encouraged to comply with the following voluntary standards:

A. No watering of lawns, shrubs or gardens between the hours of 8:00 a.m. and 8:00 p.m.

B. No water should be used to fill private swimming pools, children’s wading pools, reflecting pools or any other outdoor pool or pond.

C. No water should be used to wash streets, parking lots, driveways, sidewalks or building exteriors.

D. No water should be used for nonessential cleaning of commercial and industrial equipment, machinery and interior spaces.

E. Water should be served at restaurants only upon the request of the customer.

2. Water Warning – Tier I. Under a Tier I Water Warning, no person shall use potable processed water of the municipal water service in any manner contrary to the following:

A. Outdoor watering or irrigation of lawn is prohibited.

B. Outdoor watering of any kind is prohibited between the hours of 8:00 a.m. and 8:00 p.m. daily.

C. Watering or irrigation of flower and vegetable gardens, trees and shrubs less than four years old and new seedlings or sod is permitted once per week with an application not to exceed one (1) inch.

D. Car washing is prohibited except in commercial establishments that provide that service.

E. No water shall be used to fill private swimming pools, children’s wading pools, reflecting pools or any other outdoor pool or pond.

F. No water shall be used to wash streets, parking lots, driveways, sidewalks or building exteriors.

G. No water shall be used for nonessential cleaning of commercial and industrial equipment, machinery and interior spaces.

H. Water shall be served at restaurants only upon the request of the customer.

I. Use of water-consuming comfort air conditioning equipment which consumes in excess of five percent (5%) of the water circulating in such equipment is prohibited.

J. Tankload water sales may be curtailed or eliminated.

Water reclaimed or recycled after some other primary use, such as water that has been used for washing or cooling, may be used without restriction. Additionally, water derived from sources other than the City water utility, such as water condensed from the atmosphere by air conditioners or collected from rain or snow, may be used without restriction.

3. Water Warning – Tier II. Under a Tier II Water Warning, no person shall use potable processed water of the municipal water service in any manner contrary to the following:



A. All outside water use, except for domestic, sanitation, and fire is prohibited.

B. All commercial and industrial uses of water not essential in providing products or services are prohibited.

C. Irrigation of agricultural crops is prohibited.

D. Recreational and leisure water use, including lawn and golf course watering and other incidental or recreational use is prohibited.

E. Water use not necessary for the preservation of life or the general welfare of the community is prohibited.

4. Water Emergency. Under a Water Emergency, Tier I Water Warning use restrictions will be in effect and, in addition, each customer will be afforded a monthly allocation of water.

A. Base Allocation. The base allocation of water for residential use shall be 3,000 gallons per household per month. For commercial, industrial or institutional use, the base allocation shall be established by resolution as a percentage of the average water used during the previous winter (November through April).

B. Appeal and Adjustment of the Base Allocation. Any person may file an appeal with the Water Appeal Board to adjust the base allocation amount. The Water Appeal Board may grant an adjustment to the appellant based on the following criteria:

(1) For single-family residential use, the base allocation may be increased by 1,000 gallons per person per month for all individuals residing at the appellant’s residence for a period of more than thirty (30) days.

(2) For commercial, industrial, institutional or other residential uses, the base allocation may be increased based upon factors appropriate to the individual customer, such as usage, production, service and occupancy data provided by the customer.

C. Premium Rate for Imprudent Consumption. In addition to the water rates duly enacted by the Council, all persons shall pay a premium rate of $1.00 per 100 gallons of water consumed in excess of the base allocation.

D. Adjustment of Premium Rate Charges. Any person may file for adjustment of the premium rate charges for imprudent water consumption with the Water Appeal Board. The Water Appeal Board may grant an adjustment of the premium rate charges in accordance with the following criteria:

(1) Adjustments may be granted for over-consumption due to mechanical failures such as broken or leaky pipes or fixtures but not for over-consumption due to human carelessness.

(2) The applicant shall furnish proof that the mechanical failure was repaired promptly. This should be in the form of a licensed plumber’s invoice or statement or a materials receipt.

(3) The adjustment shall be granted only for the billing period prior to the correction of the failure.

(4) For those accounts granted an adjustment of the premium rate charges, the minimum adjusted rate shall be 40% of the actual bill, which shall include the premium rate charges and sales tax.



93.04 PENALTIES. The following penalties shall apply for violations of water warning use restrictions imposed under this chapter.

1. First Violation. For a first violation, the utility shall issue a written notice of violation to the water user violating the water use restrictions imposed during a Water Warning or Water Emergency.

2. Second Violation. For a second violation within a twelve-month period, a one-month surcharge shall be imposed in an amount equal to 50% of the previous month’s water bill.

3. Subsequent Violations. For any subsequent violation within a twelve-month period, a one-month surcharge shall be imposed in an amount equal to 50% of the previous month’s water bill and, in addition, the utility shall interrupt water service to that customer at the premises at which the violation occurred. Service shall not be restored until the customer has paid the reconnection fee and has provided reasonable assurance that future violations of Water Warning or Water Emergency use restrictions will not occur.

Any customer charged with a violation of the Water Warning or Water Emergency use restriction may request a hearing before the Water Appeal Board. The Water Appeal Board may conclude that a violation did not occur or that the circumstances under which the violation occurred warrant a complete or partial mitigation of the penalty.

93.05 WATER APPEAL BOARD. A Water Appeal Board shall be appointed during any Water Warning or Water Emergency. The Water Appeal Board shall consist of the Mayor, the Superintendent and one Council member who shall be appointed by the Mayor. The Water Appeal Board shall hear appeals of any action taken pursuant to a Water Warning or Water Emergency; however, if a customer is charged with a municipal infraction relating to this chapter, that proceeding shall be conducted pursuant to Section 364.22 of the Code of Iowa.

93.06 MUNICIPAL INFRACTION. A second or subsequent violation of the Water Warning or Water Emergency use restrictions by any person within a twelve-month period constitutes a municipal infraction. Any person who, in making application to the Water Appeal Board for adjustment of the base allocation or premium charges, intentionally provides false or incorrect statements or information commits a municipal infraction.



93.07 REDUCTION IN FLOW OF WATER TO ANY PERSON. The Superintendent is authorized, after giving notice and opportunity for hearing before the Water Appeal Board, to reduce the flow of water to any person determined to be using water in any manner not in accordance with this chapter during a Water Warning or Water Emergency.


CHAPTER 94

WELLHEAD PROTECTION REGULATIONS94.01 Purpose 94.07 Exceptions94.02 Definitions 94.08 Determination of Locations within Zones94.03 Substances Regulated 94.09 Enforcement and Penalties94.04 Maps of Zones of Influence 94.10 Inspections94.05 Restrictions within the Primary Protection Zone 94.11 Notice of Violation and Hearing94.06 Restrictions within the Secondary Protection Zone 94.12 Injunctive Relief

94.01 PURPOSE. The purpose of this chapter is to institute land use regulations and restrictions to protect the City’s water supply and well fields, restrict the location of potential sources of contamination in close proximity to a public water supply, and to promote the public health, safety and general welfare of the residents to the City.†


1. “Alluvium” means sand, clay, etc., gradually deposited by moving water.

2. “Aquifer” means a rock formation, group of rock formations or part of a rock formation that contains enough saturated permeable material to yield significant quantities of water.

3. “Contamination” means the presence of any harmful or deleterious substances in the water supply.

4. “Groundwater” means subsurface water in the saturated zone from which wells, springs and groundwater runoff are supplied.

5. “Hazardous substances” means those materials specified in Section 94.03 of this chapter.

6. “Labeled quantities” means the maximum quantity of chemical as recommended on the label, for specific applications.

7. “Livestock maintenance including grazing, feedlots and concentrated animal facilities” means activities that involve the maintenance or production of livestock.

8. “Permitted pumping capacity” means the amount of water authorized to be pumped from a well during a one-year period.

9. “Petroleum product” means fuels (gasoline, diesel fuel, kerosene and mixtures of those products), lubricating oils, motor oils, hydraulic fluids and other similar products.

10. “Pollution” means the presence of any substance (organic, inorganic, radiological or biological) or condition (temperature, pH, turbidity) in water that tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water.

11. “Potable water” means water that is satisfactory for drinking, culinary and domestic purposes, meeting current drinking water standards.

† Permitted uses, prohibited uses and excepted activities provided for in this chapter’s wellhead protection zones are not exempt from compliance with the City’s zoning regulations. See Chapter 165 for further restrictions.


CHAPTER 94 WELLHEAD PROTECTION REGULATIONS

12. “Primary containment” means the first level of product-tight containment, i.e., the inside portion of that container which comes into immediate contact on its inner surface with the hazardous material being contained.

13. “Public utility” means any utility (gas, water, sewer, electrical, telephone, cable television, etc.) whether publicly owned or privately owned.

14. “Secondary containment” means the level of product-tight containment external to and separate from the primary containment. Secondary containment shall consist of leak-proof trays under containers, floor curbing or other containment systems and shall be of adequate size and design to handle all spills, leaks, overflows and precipitation until appropriate action can be taken. The specific design and selection of materials shall be sufficient to preclude any substance loss. Containment systems shall be sheltered so that the intrusion of precipitation is effectively prevented.

15. “Shallow well” means a well located and constructed in such a manner that there is not a continuous five-foot layer of low permeability soil or rock between the aquifer from which the water supply is drawn and a point 25 feet below the normal ground surface.

16. “Toxic substance” means any substance that has the capacity to produce personal injury or illness to humans through ingestion, inhalation or absorption into the body.

17. “Water pollution” means the introduction in any surface or underground water of any organic or inorganic deleterious substance in such quantities, proportions and accumulations that are injurious to human, plant, animal, fish and other aquatic life or property or that unreasonably interfere with the comfortable enjoyment of life or property or the conduct of business.

18. “Well” means a pit or hole sunk into the earth to reach a resource supply such as water.

19. “Well field” means a tract of land that contains a number of wells for supplying water.

20. “Wellhead protection zones” means zones delineated by fixed radii around wellheads, within which toxic substances will be regulated to protect the quality of the underground resource.

94.03 SUBSTANCES REGULATED. The materials regulated by this chapter are the following:

1. Petroleum products as defined in Section 94.02;

2. Substances listed in 40 CFR Part 261, subparts C and D, the Federal Hazardous Waste List;

3. Substances listed by the Iowa Labor Commissioner pursuant to Chapter 89B of the Code of Iowa (Hazardous Chemicals Risks - Right to Know).

94.04 MAPS OF ZONES OF INFLUENCE.

1. Maps. Zone of Influence Maps and any amendments thereto are incorporated by reference and made a part of this chapter. These maps are on file in the Water Department. The Wellhead Protection Zone Maps indicating the location of all wells in the City supplying potable water to the City water system and the Wellhead Protection Zones around those wells are located in City Hall. No land within the primary protection zone that is currently not zoned commercial or industrial will be allowed to be rezoned to a commercial or industrial classification. Said maps shall be



provided to the Clerk, Planning and Zoning Commission, Zoning Officer, Winnebago County Health Department, and any other agency requesting said maps.

2. Map Maintenance. The Wellhead Protection Zone Maps may be updated on an annual basis. The basis for such an update may include, but is not limited to, the following:

A. Changes in the technical knowledge concerning the aquifer;

B. Changes in permitted pumping capacity of City well fields;

C. Addition or deletion of wells to existing well fields;

D. Designation of new well fields.

3. Wellhead Protection Zones. The zones of protection indicated on the Zone of Influence Maps are as follows:

A. Primary Protection Zone – an area extending 200 feet radially from any well supplying potable water to the City Water System.

B. Secondary Protection Zone – an area extending between 200 and one-half mile radially from any well supplying potable water to the City Water System.

94.05 RESTRICTIONS WITHIN THE PRIMARY PROTECTION ZONE.

1. Permitted Uses. The following uses are permitted uses within the Primary Protection Zone. Uses not listed are to be considered prohibited uses.

A. Parks, provided there is no on-site waste disposal or fuel storage tank facilities associated with this use, and the Iowa Department of Natural Resources Separation Distances from Wells for sources of contamination is complied with.

2. Prohibited Uses. All other uses are prohibited within the Primary Protection Zone. Additional restrictions are as follows:

A. No person shall discharge or cause or permit the discharge of a hazardous substance to the soils, groundwater or surface water within the Primary Protection Zone. Any person knowing or having evidence of a discharge shall report such information to the City’s Water Superintendent.

B. New sanitary landfills are prohibited within the Primary Protection Zone.

C. The use, handling, production, and storage of hazardous substances are prohibited in the Primary Protection Zone except as provided under Section 94.07. All persons who presently engage in nonexempt activity within the protection zone who store, handle, use, or produce any hazardous substances shall cease to do so within two (2) years from the effective date of the ordinance codified in this chapter except as provided herein.

D. Livestock maintenance or production activities that involve grazing, feedlots or other livestock facilities are prohibited within the Primary Protection Zone.

E. Wastewater treatment plants, percolation ponds, dredge spoil deposits and similar facilities are prohibited within the Primary Protection Zone.

F. Septic tanks are prohibited within the Primary Protection Zone unless a variance is granted as under Section 94.07(4).



G. Other prohibited uses are: septage and/or sludge and/or animal waste land spreading, salt storage, and radioactive waste facilities.

94.06 RESTRICTIONS WITHIN THE SECONDARY PROTECTION ZONE.

1. Permitted Uses. The following uses are permitted in the Secondary Protection Zone.

A. All uses listed as permitted in the Primary Protection Zone.

B. Sewered residential, commercial and/or industrial uses except those listed as prohibited uses in subsection 2 of this section.

C. Above-ground storage tanks of 550 gallons or less.

D. Basement storage tanks.

E. Liquid Propane (LP) storage tanks.

2. Prohibited Uses. All other uses are prohibited within the Secondary Protection Zone. Additional restrictions are as follows:

A. No person shall discharge or cause or permit the discharge of a hazardous substance in excess of labeled quantities to the soils, ground water, or surface water within the Secondary Protection Zone. Any person knowing or having evidence of a discharge shall report such information to the City.

B. New sanitary landfills are prohibited within the Secondary Protection Zone.

C. The use, handling, production, and storage of hazardous substances are prohibited in the Secondary Protection Zone, except where secondary containment is provided, or underground storage tanks in compliance with Chapter 135 of the Iowa Administrative Code, above ground storage tanks in compliance with requirements of the State Fire Marshal, or as provided under Section 94.07.

D. Livestock maintenance or production activities that involve grazing, feedlots or other livestock facilities are prohibited within the Secondary Protection Zone except as exempted under Section 94.07(2).

E. Wastewater treatment plants, percolation ponds, dredge spoil deposits and similar facilities are prohibited within the Secondary Protection Zone.

94.07 EXCEPTIONS.

1. The following activities or uses are exempt from the provisions of this chapter:

A. The transportation of any hazardous substance through the well field protection zones, provided the transporting vehicle is in transit.

B. Silvaculture uses and mosquito control spraying providing that said uses comply with the Iowa Commercial and Public Pesticide Applicators and Dealers Licensing through the Iowa Department of Agriculture. The use and storage of herbicides and pesticides for silvaculture uses are prohibited within the Primary Protection Zone but are allowed within the Secondary Protection Zone.

C. The use of any hazardous substance solely as fuel in a vehicle fuel tank or as lubricant in a vehicle.



D. Fire, police, emergency medical services, emergency management center facilities or public utility transmission facilities.

E. Retail sales establishments that store and handle hazardous substances for resale in their original unopened containers.

F. Consumer products limited to use at a facility solely for janitorial or minor maintenance purposes.

G. Consumer products located in the home which are used for personal, family or household purposes.

H. The storage and use of hazardous substances as a fuel or lubricant to provide auxiliary power for emergency use to the well field, provided an enclosed secondary containment system is provided for the hazardous substance.

I. The use of water treatment chemicals connected with the operation of the well.

2. The use of structures or facilities in existence on the effective date of this Code of Ordinances may be continued even though such use may not conform with the regulations of this chapter. However, such structures or facilities may not be enlarged, extended, reconstructed or substituted subsequent to said effective date, unless a variance is granted as under subsection 4 of this section.

3. Any person who engages in nonresidential activities relating to the storage, handling, use and/or production of any toxic or hazardous substances who is exempt from this chapter by law shall not be subject to the restrictions contained herein.

4. All written requests to permit variances for specific uses, structures or activities within the City’s Wellhead Protection Zones will be to the Water Superintendent and must include an environmental assessment report. Any variance granted will be made conditional and may include environmental and safety monitoring and/or a bond posted for future monitoring and cleanup costs. The variance will be made void if environmental and/or safety monitoring indicates the facility is emitting any releases of harmful contaminates to the surrounding environment. The facility will be held financially responsible for all environmental cleanup costs. All denials of variances made by the Superintendent may be appealed in writing to the Council. A public hearing will be scheduled for the purpose of reviewing the decision made by the Superintendent.

94.08 DETERMINATION OF LOCATIONS WITHIN ZONES. In determining the location of properties within the zones depicted on the Zones of Influence Maps, the following rules shall apply:

1. Properties located wholly within one zone reflected on the applicable Zone of Influence Map shall be governed by the restrictions applicable to that zone.

2. For properties having parts lying within more than one zone as reflected on the applicable Zones of Influence Map, each part shall be governed by the restrictions applicable to the zone in which it is located.

94.09 ENFORCEMENT AND PENALTIES.

1. The Water Superintendent is designated as the Well Field Protection Officer unless another person is specifically designated by the Council to supervise the implementation and enforcement of this chapter.



2. No building permit shall be issued which is a violation of the Iowa Department of Natural Resources Separation Distance from Wells, a violation of this chapter or a source of contamination for a City well.

3. No new underground tanks will be allowed for auxiliary fuel storage in the Primary or Secondary Zones unless a variance is granted as under Section 94.07(4).

4. Any person who fails to comply with the provisions of this chapter shall be subject to provisions and penalties provided for a violation of this Code of Ordinances.

94.10 INSPECTIONS.

1. The Well Field Protection Officer or inspector shall have the power and authority to enter and inspect all buildings, structures and land within well field zones of influence for the purpose of making an inspection. Failure of a person having common authority over a property to permit an inspection shall be sufficient grounds and probable cause for a court of competent jurisdiction to issue a search warrant to the Wellhead Protection Officer to inspect such premises pursuant to Section 1.15 of this Code of Ordinances.

2. In the event a building or structure appears to be vacant or abandoned, and the owner cannot be readily contacted in order to obtain consent for an inspection, the officer or inspector may enter into or upon any open unsecured portion of the premises in order to conduct an inspection thereof.

3. The Well Field Protection Officer or inspector shall inspect each well field annually and shall maintain an inventory, if applicable, of all hazardous substances which exist within each wellhead protection zone. An emergency plan shall be prepared and filed with the Local Emergency Planning Committee Chairperson (LEPC) indicating the procedures which will be followed in the event of spillage of a regulated substance so as to control and collect all such spilled materials.

4. It is the duty of all law enforcement officers to assist in making inspections when such assistance is requested by the officer or inspector.

94.11 NOTICE OF VIOLATION AND HEARING. Whenever an officer or an inspector determines that there is a violation of this chapter, said officer shall give notice thereof, and such notice of violation shall:

1. Be in writing;

2. Be dated and signed by the officer or inspector;

3. Specify the violation or violations;

4. State that said violations shall be corrected within a specified period of time as issued in writing by the inspector.

94.12 INJUNCTIVE RELIEF. If any person who engages in nonresidential activities stores, handles, uses and/or produces toxic substances within the well field zones of influence, as indicated on the Zones of Influence Maps, continues to operate in violation of the provisions of this chapter, then the City may file an action for injunctive relief in the court of jurisdiction.


CHAPTER 95

SANITARY SEWER SYSTEM95.01 Purpose 95.06 Service Outside the City95.02 Definitions 95.07 Right of Entry95.03 Superintendent 95.08 Use of Easements95.04 Prohibited Acts 95.09 Special Penalties 95.05 Sewer Connection Required

95.01 PURPOSE. The purpose of the chapters of this Code of Ordinances pertaining to Sanitary Sewers is to establish rules and regulations governing the treatment and disposal of sanitary sewage within the City in order to protect the public health, safety and welfare.

95.02 DEFINITIONS. For use in these chapters, unless the context specifically indicates otherwise, the following terms are defined:

1. “B.O.D.” (denoting Biochemical Oxygen Demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees (20º) C, expressed in milligrams per liter or parts per million.

2. “Building drain” means that part of the lowest horizontal piping of a building drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.

3. “Building sewer” means the extension from the building drain to the public sewer or other place of disposal including the Wye/“T” or any other device required to connect to the public sewer.

4. “Combined sewer” means a sewer receiving both surface run-off and sewage.

5. “Customer” means any person responsible for the production of domestic, commercial or industrial waste which is directly or indirectly discharged into the public sewer system.

6. “Garbage” means solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage and sale of produce.

7. “Industrial wastes” means the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

8. “Inspector” means the person duly authorized by the Council to inspect and approve the installation of building sewers and their connections to the public sewer system; and to inspect such sewage as may be discharged therefrom.

9. “Natural outlet” means any outlet into a watercourse, pond, ditch, lake, or other body of surface or groundwater.

10. “On-site wastewater treatment and disposal system” means all equipment and devices necessary for proper conduction, collection, storage, treatment, and disposal of wastewater from four or fewer dwelling units or other facilities serving the equivalent of fifteen persons (1500 gpd) or less.

11. “pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.


SHARON THRASH, 04/04/07,

Page: 30 optional – end subsection here.

CHAPTER 95 SANITARY SEWER SYSTEM

12. “Public sewer” means a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

13. “Sanitary sewage” means sewage discharging from the sanitary conveniences of dwellings (including apartment houses and hotels), office buildings, factories or institutions, and free from storm, surface water, and industrial waste.

14. “Sanitary sewer” means a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.

15. “Sewage” means a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.

16. “Sewage treatment plant” means any arrangement of devices and structures used for treating sewage.

17. “Sewage works” or “sewage system” means all facilities for collecting, pumping, treating, and disposing of sewage.

18. “Sewer” means a pipe or conduit for carrying sewage.

19. “Sewer service charges” means any and all charges, rates or fees levied against and payable by customers, as consideration for the servicing of said customers by said sewer system.

20. “Slug” means any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average 24-hour concentration or flows during normal operation.

21. “Storm drain” or “storm sewer” means a sewer which carries storm and surface waters and drainage but excludes sewage and industrial wastes, other than unpolluted cooling water.

22. “Superintendent” means the Superintendent of sewage works and/or of water pollution control of the City or any authorized deputy, agent, or representative.

23. “Suspended solids” means solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

24. “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently.

95.03 SUPERINTENDENT. The Superintendent shall exercise the following powers and duties:


1. Operation and Maintenance. Operate and maintain the City sewage system.

2. Inspection and Tests. Conduct necessary inspections and tests to assure compliance with the provisions of these Sanitary Sewer chapters.

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

95.04 PROHIBITED ACTS. No person shall do, or allow, any of the following:



1. Damage Sewer System. Maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewer system.


2. Surface Run-off or Groundwater. Connect a roof downspout, sump pump, exterior foundation drain, areaway drain, or other source of surface run-off or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

3. Manholes. Open or enter any manhole of the sewer system, except by authority of the Superintendent.

4. Objectionable Wastes. Place or deposit in any unsanitary manner on public or private property within the City, or in any area under the jurisdiction of the City, any human or animal excrement, garbage, or other objectionable waste.

5. Septic Tanks. Construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage except as provided in these chapters.

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

6. Untreated Discharge. Discharge to any natural outlet within the City, or in any area under its jurisdiction, any sanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of these chapters.


95.05 SEWER CONNECTION REQUIRED. The owners of houses, buildings, or properties used for human occupancy, employment, recreation or other purposes, situated within the City and abutting on any street, alley or right-of-way in which there is now located, or may in the future be located, a public sanitary sewer, are hereby required to install, at such owner’s expense, suitable toilet facilities therein and a building sewer, including the Wye/“T”, or any other device necessary to connect to the public sewer connecting such facilities directly with the proper public sewer, and to maintain the same all in accordance with the provisions of these Sanitary Sewer chapters, such compliance to be completed within ninety (90) days after date of official notice from the City to do so provided that said public sewer is located within one hundred (100) feet (30.5 meters) of the property line of such owner and is of such design as to receive and convey by gravity such sewage as may be conveyed to it. Billing for sanitary sewer service will begin the date of official notice to connect to the public sewer.

(Code of Iowa, Sec. 364.12[3f]) (IAC, 567-69.1[3])

95.06 SERVICE OUTSIDE THE CITY. The owners of property outside the corporate limits of the City so situated that it may be served by the City sewer system may apply to the Council for permission to connect to the public sewer upon the terms and conditions stipulated by resolution of the Council.

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

95.07 RIGHT OF ENTRY. The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties



for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of these Sanitary Sewer chapters. The Superintendent or representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

95.08 USE OF EASEMENTS. The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

95.09 SPECIAL PENALTIES. The following special penalty provisions shall apply to violations of these Sanitary Sewer chapters:

1. Notice of Violation. Any person found to be violating any provision of these chapters except subsections 1, 3 and 4 of Section 95.04, shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

2. Continuing Violations. Any person who shall continue any violation beyond the time limit provided for in subsection 1 hereof shall be in violation of this Code of Ordinances. Each day in which any such violation shall continue shall be deemed a separate offense.

3. Liability Imposed. Any person violating any of the provisions of these chapters shall become liable to the City for any expense, loss, or damage occasioned the City by reason of such violation.



CHAPTER 96

BUILDING SEWERS AND CONNECTIONS 96.01 Permit 96.08 Interceptors Required96.02 Permit Fee 96.09 Sewer Tap96.03 Limited Responsibility for Permit Revocation 96.10 Inspection Required96.04 Connection Charge 96.11 Property Owner’s Responsibility96.05 Plumber Required 96.12 Abatement of Violations96.06 Excavations 96.13 Abandoned Building Sewer96.07 Connection Requirements

96.01 PERMIT. No unauthorized person shall uncover, make any connection with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City. The application for the permit shall set forth the location and description of the property to be connected with the sewer system and the purpose for which the sewer is to be used, and shall be supplemented by any plans, specifications, or other information considered pertinent. The permit shall require the owner to complete construction and connection of the building sewer to the public sewer within sixty (60) days after the issuance of the permit, except that when a property owner makes sufficient showing that due to conditions beyond the owner’s control or peculiar hardship, such time period is inequitable or unfair, an extension of time within which to comply with the provisions herein may be granted. Any sewer connection permit may be revoked at any time for a violation of these chapters.

96.02 PERMIT FEE. The person who makes the application shall pay a fee in the amount shown below to the Clerk to cover the cost of issuing the permit and supervising, regulating, and inspecting the work.

1. Residential Customers..........................................$ 50.00

2. Commercial and Industrial Customers.................$ 100.00

This inspection is only for the purpose of infiltration and inflow, and does not warranty or guarantee in any way the quality of the work.

96.03 LIMITED RESPONSIBILITY FOR PERMIT REVOCATION. All permits to connect with sewer shall be given upon the express condition that the Council may at any time before the work is completed revoke and annul the same and no party interested shall have a right to claim damages in consequence of any such permits being revoked or annulled.

96.04 CONNECTION CHARGE. There shall be a connection charge paid to reimburse the City for costs borne by the City in making sewer service available to the property served. Such charge shall be calculated by the City based on the location of the property being connected, the size of the lot and the intended use of the property.

96.05 PLUMBER REQUIRED. All installations of building sewers and connections to the public sewer shall be made by a plumber approved by the City. The Superintendent shall have the power to suspend the approval of any plumber for violation of any of the provisions of these Sanitary Sewer chapters; a suspension, unless revoked, shall continue until the next regular meeting of the Council. The Superintendent shall notify the plumber immediately by personal written notice of the suspension, the reasons for the suspension, and the time and


CHAPTER 96 BUILDING SEWERS AND CONNECTIONS

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.

96.06 EXCAVATIONS. All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the City. Pipe laying and backfill shall be performed in accordance with A.S.T.M. Specification C-12, except that no backfill shall be placed until the work has been inspected. The plumber must maintain the affected area in good repair to the satisfaction of the City for three months after refilling. The excavations shall be made in accordance with the provisions of Chapter 135 where applicable.

96.07 CONNECTION REQUIREMENTS. Any connection with a public sanitary sewer must be made under the direct supervision of the Superintendent and in accordance with the following:

1. Old Building Sewers. Old building sewers may be used in connection with new buildings only when they are found, on examination and test conducted by the owner and observed by the Superintendent, to meet all requirements of this chapter.

2. Separate Building Sewers. A separate and independent building sewer shall be provided for every occupied building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway. In such cases the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

3. Installation. The connection of the building sewer into the public sewer shall conform to the requirements of the State Plumbing Code, applicable rules and regulations of the City, or the procedures set forth in A.S.T.M. Specification C-12. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation. The Wye/“T”, saddle or any other apparatus or appliance used to connect to the building sewer to the public sewer shall be installed, both as to material and labor, at the expense of the property owner and any future maintenance shall be at the expense of the property owner.

4. Water Lines. When possible, building sewers should be laid at least ten (10) feet horizontally from a water service. The horizontal separation may be less, provided the water service line is located at one side and at least twelve (12) inches above the top of the building sewer.

5. Size. Building sewers shall be sized for the peak expected sewage flow from the building with a minimum building sewer size of four (4) inches.

6. Alignment and Grade. All building sewers shall be laid to a straight line to meet the following:

A. Recommended grade at one-fourth (¼) inch per foot.

B. Minimum grade of one-eighth (1/8) inch per foot.

C. Minimum velocity of 2.00 feet per second with the sewer half full.

Any deviation in alignment or grade shall be made only with the written approval of the Superintendent and shall be made only with approved fittings.



7. Depth. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. The depth of cover above the sewer shall be sufficient to afford protection from frost.

8. Sewage Lifts. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer.

9. Pipe Specifications. Building sewer pipe shall be free from flaws, splits, or breaks. Materials shall be as specified in the State Plumbing Code except that the building sewer pipe, from the property line to the public sewer, shall comply with the current edition of one of the following:

A. Clay sewer pipe – A.S.T.M. C-700 (extra strength).

B. Extra heavy cast iron soil pipe – A.S.T.M. A-74.

C. Ductile iron water pipe – A.W.W.A. C-151.

D. P.V.C. – SDR26 – A.S.T.M. D-3034.

10. Bearing Walls. No building sewer shall be laid parallel to, or within three (3) feet of any bearing wall, which might thereby be weakened.

11. Jointing. Fittings, type of joint, and jointing material shall be compatible with the type of pipe used, subject to the approval of the Superintendent. Solvent-welded joints are not permitted.

12. Unstable Soil. No sewer connection shall be laid so that it is exposed when crossing any watercourse. Where an old watercourse must of necessity be crossed or where there is any danger of undermining or settlement, cast iron soil pipe or vitrified clay sewer pipe thoroughly encased in concrete shall be required for such crossings. Such encasement shall extend at least six (6) inches on all sides of the pipe. The cast iron pipe or encased clay pipe shall rest on firm, solid material at either end.

13. Preparation of Basement or Crawl Space. No connection for any residence, business or other structure with any sanitary sewer shall be made unless the basement floor is poured, or in the case of a building with a slab or crawl space, unless the ground floor is installed with the area adjacent to the foundation of such building cleared of debris and backfilled. The backfill shall be well compacted and graded so that the drainage is away from the foundation. Prior to the time the basement floor is poured, or the first floor is installed in buildings without basements, the sewer shall be plugged and the plug shall be sealed by the Superintendent. Any accumulation of water in any excavation or basement during construction and prior to connection to the sanitary sewer shall be removed by means other than draining into the sanitary sewer.

96.08 INTERCEPTORS REQUIRED. Grease, oil, sludge and sand interceptors shall be provided by gas and service stations, convenience stores, car washes, garages, and other facilities when, in the opinion of the Superintendent, they are necessary for the proper handling of such wastes that contain grease in excessive amounts or any flammable waste, sand or other harmful ingredients. Such interceptors shall not be required for private living quarters or dwelling units. When required, such interceptors shall be installed in accordance with the following:

1. Design and Location. All interceptors shall be of a type and capacity as specified in the State Plumbing Code, to be approved by the Superintendent, and shall be located so as to be readily and easily accessible for cleaning and inspection.



2. Construction Standards. The interceptors shall be constructed of impervious material capable of withstanding abrupt and extreme changes in temperature. They shall be of substantial construction, watertight and equipped with easily removable covers that shall be gastight and watertight.

3. Maintenance. All such interceptors shall be maintained by the owner at the owner’s expense and shall be kept in continuously efficient operations at all times.

96.09 SEWER TAP. Connection of the building sewer into the public sewer shall be made at the Wye/“T” branch, if such branch is available at a suitable location. If no properly located Wye/“T” branch is available, a Wye/“T” or any other device shall be installed at the location specified by the Superintendent. The type of device installed will be solely at the discretion of the Superintendent. The Wye/“T” saddle will comply with City standards and the cost of said Wye/“T” saddle will be the responsibility of the property owner. The public sewer shall be tapped with a tapping machine and a saddle appropriate to the type of public sewer shall be glued or attached with stainless steel clamps to the sewer. At no time shall a building sewer be constructed so as to enter a manhole unless special written permission is received from the Superintendent and in accordance with the Superintendent’s direction if such connection is approved.

96.10 INSPECTION REQUIRED. All connections with the sanitary sewer system before being covered shall be inspected and approved, in writing, by the Superintendent. As soon as all pipe work from the public sewer to inside the building has been completed, and before any backfilling is done, the Superintendent shall be notified and the Superintendent shall inspect and test the work as to workmanship and material; no sewer pipe laid under ground shall be covered or trenches filled until after the sewer has been so inspected and approved. If the Superintendent refuses to approve the work, the plumber or owner must proceed immediately to correct the work.

96.11 PROPERTY OWNER’S RESPONSIBILITY. All costs and expenses incident to the installation, connection and maintenance of the building sewer, including the Wye/“T”, saddle, or any other device necessary to connect to the public sewer, shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

96.12 ABATEMENT OF VIOLATIONS. Construction or maintenance of building sewer lines whether located upon the private property of any owner or in the public right-of-way, which construction or maintenance is in violation of any of the requirements of this chapter, shall be corrected, at the owner’s expense, within thirty (30) days after date of official notice from the Council of such violation. If not made within such time the Council shall, in addition to the other penalties herein provided, have the right to finish and correct the work and assess the cost thereof to the property owner. Such assessment shall be collected with and in the same manner as general property taxes.




96.13 ABANDONED BUILDING SEWER. Every abandoned building sewer, or part thereof, shall be plugged or capped in a manner approved by the City. Such plugging or capping shall be completed at the expense of the property owner.


CHAPTER 97

USE OF PUBLIC SEWERS 97.01 Discharging into the Sanitary Sewer System 97.06 Special Facilities97.02 Surface Waters Exception 97.07 Control Manholes 97.03 Prohibited Discharges 97.08 Testing of Wastes97.04 Restricted Discharges 97.09 Infiltration and Inflow Policy97.05 Restricted Discharges – Powers

97.01 DISCHARGING INTO THE SANITARY SEWER SYSTEM.

1. Definition and Method. No water from any roof, surface, ground, sump pump, footing tile, swimming pool or other natural precipitation shall be discharged into the sanitary sewer collection system. Dwellings, including new housing construction or houses under construction, and other buildings and structures which require, because of the infiltration of water into basements, crawl spaces and the like, a sump pump system to discharge water shall have a permanently installed discharge line which shall not at any time discharge water into the sanitary sewer collection system. A permanent installation shall be one which provides for a year-round discharge connection to the City subdrain/storm sewer system. If there is no subdrain available, the surface discharge point shall be located no closer than four feet from the curb or as approved by the City. It shall consist of a rigid discharge line, without valving or quick connections for altering the path of discharge and, if connected to the City subdrain/storm sewer line, include a check valve. Industrial cooling water or unpolluted processed waters may be discharged on approval of the Superintendent to a storm sewer, combined sewer or natural outlet.

2. Inspection. Every person owning improved real estate or contractors/builders who are building a house within Forest City that discharges into the City’s sanitary sewer system or on the ground shall allow an employee of the City or their designated representative to inspect the buildings to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system. Any person refusing to allow their property to be inspected within 14 days of the date City employees or their designated representatives are denied admittance to the property shall immediately become subject to the surcharge provided for in Section 99.02. Any owner of property or contractor/house builder found to violate this subchapter shall make the necessary changes to comply with the subchapter and furnish proof of the changes to the City within 60 days from the date of the violation was identified.

3. Future Inspection. At any future time, if the City has reason to suspect that an illegal connection may exist in a premises, the owner, by written notice, shall comply with the provisions of this chapter.

97.02 SURFACE WATERS EXCEPTION. Special permits for discharging surface waters to a public sanitary sewer may be issued by the Council upon recommendation of the Superintendent where such discharge is deemed necessary or advisable for purposes of flushing, but any permit so issued shall be subject to revocation at any time when deemed to the best interests of the sewer system.


CHAPTER 97 USE OF PUBLIC SEWERS

97.03 PROHIBITED DISCHARGES. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

1. Flammable or Explosive Material. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

2. Toxic or Poisonous Materials. Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) milligrams per liter as CN in the wastes as discharged to the public sewer.

3. Corrosive Wastes. Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

4. Solid or Viscous Substances. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

5. Excessive B.O.D., Solids or Flow. Any waters or wastes having (a) a five-day biochemical oxygen demand greater than 300 parts per million by weight, or (b) containing more than 350 parts per million by weight of suspended solids, or (c) having an average daily flow greater than two percent of the average sewage flow of the City, shall be subject to the review of the Superintendent. Where necessary in the opinion of the Superintendent, the owner shall provide, at the owner’s expense, such preliminary treatment as may be necessary to (a) reduce the biochemical oxygen demand to 300 parts per million by weight, or (b) reduce the suspended solids to 350 parts per million by weight, or (c) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent and no construction of such facilities shall be commenced until said approvals are obtained in writing.

97.04 RESTRICTED DISCHARGES. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Superintendent that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming an opinion as to the acceptability of these wastes, the Superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances restricted are:

1. High Temperature. Any liquid or vapor having a temperature higher than one hundred fifty degrees (150º) F (65º C).

2. Fat, Oil, Grease. Any water or waste containing fats, wax, grease, or oils, whether emulsified or not, in excess of 100 milligrams per liter or 600 milligrams per liter of dispersed or other soluble matter.



3. Viscous Substances. Water or wastes containing substances which may solidify or become viscous at temperatures between 32º F and 150º F (0º to 65º C).

4. Garbage. Any garbage that has not been properly shredded, that is, to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (½) inch in any dimension.

5. Acids. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solution whether neutralized or not.

6. Toxic or Objectionable Wastes. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials.

7. Odor or Taste. Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary, after treatment of the composite sewage, to meet the requirements of state, federal, or other public agencies of jurisdiction for such discharge to the receiving waters.

8. Radioactive Wastes. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable State or Federal regulations.

9. Excess Alkalinity. Any waters or wastes having a pH in excess of 9.5.

10. Unusual Wastes. Materials which exert or cause:

A. Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

B. Excessive discoloration (such as, but not limited to dye wastes and vegetable tanning solutions).

C. Unusual B.O.D., chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

D. Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein.

11. Noxious or Malodorous Gases. Any noxious or malodorous gas or other substance which either singly or by interaction with other wastes is capable of creating a public nuisance or hazard to life or of preventing entry into sewers for their maintenance and repair.

12. Damaging Substances. Any waters, wastes, materials or substances which react with water or wastes in the sewer system to release noxious gases, develop color of undesirable intensity, form suspended solids in objectionable concentration or create any other condition deleterious to structures and treatment processes.

13. Untreatable Wastes. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.



97.05 RESTRICTED DISCHARGES – POWERS. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 97.04 and which in the judgment of the Superintendent may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the Superintendent may:

1. Rejection. Reject the wastes by requiring disconnection from the public sewage system;

2. Pretreatment. Require pretreatment to an acceptable condition for discharge to the public sewers;

3. Controls Imposed. Require control over the quantities and rates of discharge; and/or

4. Special Charges. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of Chapter 99.

97.06 SPECIAL FACILITIES. If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Superintendent and subject to the requirements of all applicable codes, ordinances, and laws. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner’s expense.

97.07 CONTROL MANHOLES. When required by the Superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The manhole shall be installed by the owner at the owner’s expense, and shall be maintained by the owner so as to be safe and accessible at all times.

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

97.09 INFILTRATION AND INFLOW POLICY. The City shall perform a study to locate infiltration and inflow using sewer department staff and an engineer firm. Notification to property owners of improper connections shall be made after July 1, 1999. Efforts should be made to study one area and do as much repair and disconnection as possible before moving



to another area. Illegal connections to sanitary sewers which were made after February 18, 1979 (adoption date of Ordinance No. 332), are the responsibility of the property owner and shall not be eligible for the finance options, contained herein.

1. Connection to Sewer. Upon written certification by First Class Mail of the infiltration and inflow flowing into the sanitary sewer from an illegal connection other than leaking services and connections of sump pumps and roof drains, the property owner shall have a period of three years to abate the problem. Those owners that perform the proper repairs in one year or less shall be eligible for one of the following finance options:

A. 20% reimbursement not to exceed $400.00 for the disconnection costs, or

B. 5% interest seven-year loan not to exceed $2,000.00 to be repaid through the City utility billing system. If financial hardship can be demonstrated with regard to cost in excess of $2,000.00, the Council, at its sole discretion, may approve a higher loan amount.

For those property owners who opt not to disconnect a footing tile from the sanitary sewer after the three-year period, a $25.00 monthly fee shall be applied to the utility bill until the disconnection has been performed, but not to exceed five (5) years. Every six months after the initial six-month period in which the $25.00 per month charge has been assessed, the non-disconnect fee will be increased by $25.00 per month. By the end of the five-year period, the owner shall have completed the disconnection. For those property owners who can show undue hardship resulting from the disconnection, the fee may be approved by the Council, at its sole discretion, for an additional five-year period. Property owners that have sump pumps illegally hooked into a sanitary sewer shall have sixty (60) days to remove the connection. For those property owners who opt not to disconnect a sump pump from the sanitary sewer after the 60-day period, the surcharge pursuant to Section 99.02 shall be imposed. Inspection by City staff both prior to and after repairs shall be necessary for a reimbursement or loan. In addition, a billing statement for services performed shall accompany the request for reimbursement. For those owners opting to do the work without the assistance of a commercial contractor, the City shall reimburse 50% of the material costs only. The reimbursement shall not exceed $200.00.

2. Leaking Service. Upon written notification of infiltration and inflow flowing into the sanitary sewer from a leaking service, the property owner shall have a period of six (6) months to repair the problem. Those owners that perform the proper repairs in three (3) months or less shall be eligible for one of the following finance options:


B. 5% interest seven-year loan not to exceed $2,000.00 to be repaid through the City utility billing system. If financial hardship can be demonstrated with regard to cost in excess of $2,000.00, the Council, at its sole discretion, may approve a higher loan amount.

Inspection by City staff both prior to and after repairs shall be necessary for a reimbursement or loan. In addition, a billing statement for services performed shall accompany the request for reimbursement. For those owners opting to do the work without the assistance of a commercial contractor, the City shall reimburse 50% of the material costs only. The reimbursement shall not exceed $200.00. Property owners that have leaking services into a sanitary sewer shall have six (6) months to repair the service. For those property owners who opt not to repair the leaking service to the sanitary sewer after the six-month period, a $25.00 per month fee shall be applied to the utility bill until the repair has been performed but not to exceed five (5) years. Every six months after the initial six-month period in which the $25.00 per month



charge has been assessed, the non-disconnect fee will be increased by $25.00 per month. By the end of the five-year period, the owner shall have abated the leaking service. For those property owners who can show undue hardship resulting from the repairs process, the fee may be approved by the Council, at its sole discretion, for an additional five-year period.

3. Sump Pump/Roof Drains. Upon written certification of infiltration and inflow flowing into the sanitary sewer from a sump pump or roof drain, the property owner shall have a period of 30 days to repair the problem. Those owners that perform the proper repairs within the 30 days or less (or within the 6 months if the Council determines hardship pursuant to this section) shall be eligible for one of the following finance options:


B. A 5% interest seven-year loan not to exceed $2,000.00 to be repaid through the City utility billing system. If financial hardship can be demonstrated with regard to cost in excess of $2,000.00, the Council, at its sole discretion, may approve a higher loan amount.

Inspection by City staff both prior to and after repairs shall be necessary for a reimbursement or loan. In addition, a billing statement for services performed shall accompany the request for reimbursement. For those owners opting to do the work without the assistance of a commercial contractor, the City shall reimburse 50% of material costs only. The reimbursement shall not exceed $200.00. Property owners that have sump pumps or roof drains discharging into a sanitary sewer shall have 30 days to repair the service. For those property owners who do not abate the discharge from the sump pump or roof drains within the 30 days (or within the 6 months if the Council determines hardship pursuant to this section) shall be assessed a surcharge pursuant to Section 99.02 of this Code of Ordinances. For those property owners who can show undue hardship resulting from the repair process, within 30 days the City Council, at its sole discretion, may grant an extension for an additional six-month period.

4. Inspection. Every person owning improved real estate or contractors/builders who are building a house within Forest City that discharges into the City’s sanitary sewer system or on the ground shall allow an employee of the City or other designated representative to inspect the buildings to confirm that there is no sump pump or other prohibited discharge into the sanitary sewer system. Any person refusing to allow his or her property to be inspected within 14 days of the date City employees or their designated representatives are denied admittance to the property shall immediately become subject to the surcharge provided for in Section 99.02. Any owner of property or contractor/house builder found to violate this section shall make the necessary changes to comply with the section and furnish proof of the changes to the City within 60 days from the date of the violation was identified.

5. Future Inspection. At any future time, if the City has reason to suspect that an illegal connection may exist in a premises, the owner, by written notice, shall comply with the provisions of this chapter.


CHAPTER 98

ON-SITE WASTEWATER SYSTEMS 98.01 When Prohibited 98.05 Discharge Restrictions98.02 When Required 98.06 Maintenance of System98.03 Compliance with Regulations 98.07 Systems Abandoned98.04 Permit Required 98.08 Disposal of Septage

98.01 WHEN PROHIBITED. Except as otherwise provided in this chapter, it is unlawful to construct or maintain any on-site wastewater treatment and disposal system or other facility intended or used for the disposal of sewage.


98.02 WHEN REQUIRED. When a public sanitary sewer is not available under the provisions of Section 95.05, every building wherein persons reside, congregate or are employed shall be provided with an approved on-site wastewater treatment and disposal system complying with the provisions of this chapter.

(IAC, 567-69.1[3])

98.03 COMPLIANCE WITH REGULATIONS. The type, capacity, location and layout of a private on-site wastewater treatment and disposal system shall comply with the specifications and requirements set forth by the Iowa Administrative Code 567, Chapter 69, and with such additional requirements as are prescribed by the regulations of the County Board of Health.

(IAC, 567-69.1[3 & 4])

98.04 PERMIT REQUIRED. No person shall install or alter an on-site wastewater treatment and disposal system without first obtaining a permit from the County Board of Health.

98.05 DISCHARGE RESTRICTIONS. It is unlawful to discharge any wastewater from an on-site wastewater treatment and disposal system (except under an NPDES permit) to any ditch, stream, pond, lake, natural or artificial waterway, drain tile or to the surface of the ground.

(IAC, 567-69.1[3])

98.06 MAINTENANCE OF SYSTEM. The owner of an on-site wastewater treatment and disposal system shall operate and maintain the system in a sanitary manner at all times and at no expense to the City.

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



CHAPTER 98 ON-SITE WASTEWATER SYSTEMS

98.08 DISPOSAL OF SEPTAGE. No person shall dispose of septage from an on-site treatment system at any location except an approved disposal site.


CHAPTER 99

SEWER SERVICE CHARGES99.01 Sewer Service Charges Required 99.05 Payment of Bills99.02 Rate 99.06 Lien for Nonpayment99.03 Special Rates 99.07 Deposit99.04 Private Water Systems 99.08 Special Agreements Permitted

99.01 SEWER SERVICE CHARGES REQUIRED. Every customer shall pay to the City sewer service fees as hereinafter provided.


99.02 RATE. Each customer shall pay sewer service charges for the use of and for the service supplied by the municipal sanitary sewer system based upon the amount of water consumed as follows:

1. Base fee................................$ 2.78

2. Plus $..............................6.26 per 1,000 gallons of water used.

A surcharge of $25.00 per day is imposed by invoice and/or added to every sewer billing mailed on and after July 5, 2005, to property owners or to the contractor/builder of a new house, which are not in compliance with Section 97.09(3) of this Code of Ordinances. The surcharge will be levied daily against those properties found not to be in compliance with section 97.09(3) until the property has been certified by the Superintendent that the property is in compliance. The surcharge will be levied against the property owner, whether existing property or new construction, and/or contractor/builder of a new house on the thirty-first day after notice of the violation has been provided to the owner/contractor/builder. In the event that a person who has been notified for noncompliance with Section 97.09(3) corrects that noncompliance, but it is found that such person’s sump pump system is out of compliance with Section 97.09(3) a second time, such person will be fined $100.00 a day commencing upon the day such person is found to be in noncompliance. There shall be no grace period for bringing the system into compliance. (Ord. 755 – May 16 Supp.)

99.03 SPECIAL RATES. Where, in the judgment of the Superintendent and the Council, special conditions exist to the extent that the application of the sewer charges provided in Section 99.02 would be inequitable or unfair to either the City or the customer, a special rate shall be proposed by the Superintendent and submitted to the Council for approval by resolution.


99.04 PRIVATE WATER SYSTEMS. Customers whose premises are served by a private water system shall pay sewer charges based upon the water used as determined by the City either by an estimate agreed to by the customer or by metering the water system at the customer’s expense. Any negotiated, or agreed upon sales or charges shall be subject to approval of the Council.


99.05 PAYMENT OF BILLS. All sewer service charges are due and payable under the same terms and conditions provided for payment of a combined service account as contained


CHAPTER 99 SEWER SERVICE CHARGES

in Section 92.04 of this Code of Ordinances. Sewer service may be discontinued in accordance with the provisions contained in Section 92.05 if the combined service account becomes delinquent, and the provisions contained in Section 92.08 relating to lien notices shall also apply in the event of a delinquent account.

99.06 LIEN FOR NONPAYMENT. Except as provided for in Section 92.07 of this Code of Ordinances, the owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for sewer service charges to the premises. Sewer service charges remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes. (Ord. 729 – Sep. 12 Supp.)


99.07 DEPOSIT. There is required from every customer a total deposit which shall be equal to a one-month high bill and which is intended to guarantee the payment of bills for water, sewer, solid waste collection and electric utility services. The one-month high bill will be calculated by the Clerk based on previous utility bills charged to the property be served.


99.08 SPECIAL AGREEMENTS PERMITTED. No statement in these chapters shall be construed as preventing a special agreement, arrangement or contract between the Council, and any industrial concern whereby an industrial waste of unusual strength or character may be accepted subject to special conditions, rate and cost as established by the Council.



CHAPTER 100

NORTHWEST FOREST CITY MUNICIPAL SANITARY SEWER DISTRICT

100.01 Establishment of the Sanitary Sewer District 100.05 Sewer Connection Fee100.02 Cost of the Project 100.06 Payment Schedule100.03 Connection of Existing Structures 100.07 Certification of Ordinance100.04 Connection of Future Structures 100.08 Collection of Fees

100.01 ESTABLISHMENT OF THE SANITARY SEWER DISTRICT. It is hereby established within the City of Forest City the Northwest Forest City Municipal Sanitary Sewer District, said district to include the following described property to-wit:

LAND OWNER DESCRIPTION

NORTH CENTRAL HUMAN SERVICES

A tract of land described as commencing at a point twenty rods north of the southwest corner of Block 5 on the west line of said Block, thence easterly parallel with the south line of said Block 132 feet, thence northerly, parallel with the west line of said Block 74.8 feet, thence westerly parallel with the south line of said Block 132 Feet, to the west line of said Block thence southerly on the west line of said Block 74.8 feet to point of beginning

NORTH CENTRAL HUMAN SERVICES

A tract described .as beginning at a point on the west line 404.8 feet northerly of the southwest corner of Block 5, thence easterly parallel to the south line of said Block 132 feet, thence northerly parallel to the west line of said Block 84.7 feet, thence west parallel to the north line of Block 132.4 feet to a point on the west line of said Block, thence southerly along the west line of said Block 74.8 feet to point of beginning

DALE A. & ELAINE A. NERDIG

The west 66 feet of a tract of land described as beginning at a point on the east line 330 feet northerly of the southeast corner of Block Five (5) Forest City, Iowa, thence westerly parallel with the south line of said Block 132.0 feet, thence northerly, parallel with the west line of Block, 159.5 feet, to a point 33.0 feet south of the north line of said Block, thence easterly, parallel to the north line of said Block 129.0 feet, to a point 3.4 feet west of the east line of said Block Five (5), thence southeasterly to the east line of said Block at a point 46 feet south of the north line of said Block, thence southerly on the east line of said Block to the place of beginning

CHARLES L. & SUZANNE J. JONES

The east 66 feet of a tract of land described as beginning at a point on the east line 330 feet northerly of the southeast corner of Block Five (5) Forest City, Iowa, thence westerly parallel with the south line of said Block 132.0 feet, thence northerly, parallel with the west line of Block, 159.5 feet, to a point 33.0 feet south of the north line of said Block, thence easterly, parallel to the north line of said Block 129.0 feet, to a point 3.4 feet west of the east line of said Block Five (5), thence southeasterly to the east line of said Block at a point 46 feet south of the north line of said Block, thence southerly on the east line of said Block to the place of beginning and also the north 4 rods of the south 20 rods of Block 5 except the west 8 rods, all in Forest City, Iowa


CHAPTER 100 NORTHWEST FOREST CITY MUNICIPAL SANITARY SEWER DISTRICT

LAND OWNER

DESCRIPTION

MYRTLE AC BARTLESON, l.e. rem.

ALICE LEWISON,et al

A tract of land located in the Southwest Quarter (SW¼) of the Southeast Quarter (SE¼) of Section Twenty-six (26), Township Ninety-eight (98) North, Range Twenty-four (24), West of the Fifth P.M., in Forest City, Winnebago County, Iowa, more particularly described as follows: commencing 33 feet north of the southwest corner of the Southeast Quarter (SE¼) of the Southeast Quarter (SE¼) of said Section Twenty-six (26), thence north 132 feet, thence west 72.5 feet, thence south 132 feet, thence east 72.5 feet to place of beginning

RAYMOND L. & BONNIE STEIFF

l.e. rem. ROBERT A. & JULIE ANN STEIFF

The East Half (E½) of the East Half (E½) of the Southwest Quarter (SE¼) of the Southeast Quarter (SE¼) of Section Twenty-six (26), Township Ninety-eight (98) North, Range Twenty-four (24) West of the Fifth P.M., Winnebago County, Iowa, except the south 33 feet thereof; and except a tract of land described as commencing 33 feet north and 145 feet west of the southwest corner of the Southeast Quarter (SE¼) of the Southeast Quarter (SE¼), Section Twenty-six (26), Township Ninety-eight (98) North, Range Twenty-four (24), Winnebago County, Iowa; thence north 132 feet; thence west 185 feet; thence south 132 feet; thence east 185 feet to place of beginning; and also except a tract of land described as commencing 33 feet north of the southwest corner of the Southeast Quarter (SE¼) of the Southeast Quarter (SE¼), Section Twenty-six (26), Township Ninety-eight (98) North, Range Twenty-four (24) West of the Fifth P.M., Winnebago County, Iowa; thence north 132 feet; thence west 72.5 feet; thence south 132 feet; thence east 72.5 feet to place of beginning

THEODORE & ALICE R. LEWISON

A tract of land commencing 161.5 feet west and 33 feet north of the southwest corner of the Southeast ¼ of the Southeast ¼ of Section 26, Township 98, Range 24, thence North 132 feet, thence west 92.5 feet, thence south 132 feet, thence east 92.5 feet to the point of beginning

GEORGE & JOANN BARTLESON

A tract of land located in the Southwest Quarter (SW¼) of the Southeast Quarter (SE¼) of Section Twenty-six (26), Township Ninety-eight (98) North, Range Twenty-four (24), West of the Fifth P.M., in Forest City, Winnebago County, Iowa, more particularly described as follows: commencing 254 feet west and 33 feet north of the southwest corner of the Southeast ¼ of the Southeast ¼ of Section 26, Township 98, Range 24, thence north 132 feet, thence west 76 feet, thence south 132 feet, thence east 76 feet to the point of beginning

LARRY L. & GLORIA KEARNEY

The south 60 feet of a tract of land described as commencing at a point on the east line of said Block 6, 272 feet north from the southeast corner of said Block 6, thence north 194 feet, thence west 132 feet, thence south 194 feet, thence east 132 feet to point of beginning

GINA & TERRY KEEPER

A tract of land described as commencing at a point on the east line of Block 6, 272 feet north from the southeast corner of said Block 6, thence north 194 feet, thence west 132 feet, thence south 194 feet, thence east 132 feet to point of beginning except the south 60 feet thereof, all in Forest City, Iowa



LAND OWNER

DESCRIPTION

LARRY L. & GLORIA M. KEARNEY

A tract of land described as beginning at a point on the east line of Block Six (6), Forest City, Iowa, 202 feet northerly from the southeast corner of said Block Six (6), thence westerly and parallel with the south line of said Block, 132 feet, thence northerly and parallel with the east line of said Block 70 feet, thence easterly and parallel with the south line of said Block, 132 feet, thence southerly on the east line of said Block, 70 feet to the place of beginning

RONALD G. SUBY CONT: JEFF &

CONNIE GREMMER

A tract of land described as beginning at a point on the east line of Block Six (6), Forest City, Winnebago County, Iowa, eight (8) rods northerly from the southeast corner of Block 6; thence westerly and parallel with the south line of said Block, 132 feet; thence northerly and parallel with the east line of said Block, 70 feet; thence easterly and parallel with the south line of said Block, 132 feet; thence southerly on the east line of said Block, 70 feet to the place of beginning

VERLA MISSAL

The south 100 feet of the east 130.97 feet of the west 458.4 feet of the Southwest Quarter (SW¼) of the Southeast Quarter (SE¼) of Section Twenty-six (26), Township Ninety-eight (98) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Winnebago County, Iowa; a tract commencing 27.09 feet west of the northwest corner of Block Seven (7) of the original town of Forest City, Iowa, the point of beginning; thence east along the north line of said Block Seven (7), 126.4 feet; thence south 4 degrees 42 seconds west, parallel with the east line of Eleventh (11th) Street, 207.2 feet; thence north 85 degrees 18 seconds west 126.0 feet to said east line of Eleventh (11th) Street; thence north 4 degrees 42 seconds east along said east line, 196.8 feet to point of beginning

KEN & CAROL JOHNSON

The North Half of the East Half of Block 8 Forest City, Iowa, except the south 72 feet thereof, and except commencing at the northeast corner of the East Half of the North Half of Block 8, thence south 39.25 feet on the west line of 11th Street, to point of beginning; thence continuing south 39.25 feet on the west line; thence south 86º3156 west 153.4 feet, thence north 02º1015 west 37.50 feet, thence north 85º5429 east 154.9 feet to beginning, and except the South Half (S½) of a tract described as the North Half (N½) of the East Half (E½) of Block Eight (8) Forest City, Iowa, except the south 72 feet, and a tract of land described as commencing at the northeast corner of the East Half (E½) of the North Half (N½) of Block Eight (8) of the Original Plat of Forest City, Iowa; thence south 00º 00 00 east (assumed bearing) 39.25 feet on the west line of 11th Street to the point of beginning; thence continuing south 00º00 00 Seconds 39.25 feet on said west line; thence south 86º3156 west 153.4 feet; thence north 02º1015 west 37.50 feet; thence north 85º5429 east 154.9 feet to the point of beginning




DENNIS L. & LINDA M. STUCKI

The South Half (S½) of a tract described as the North Half (N½) of the East Half (E½) of Block Eight (8) Forest City, Iowa, except the south 72 feet, and a tract of land described as commencing at the northeast corner of the East Half (E½) of the North Half (N½) of Block Eight (8) of the Original Plat of Forest City, Iowa; thence south 00º00 00 east (assuming bearing) 39.25 feet on the west line of 11th Street to the point of beginning; thence continuing south 00º0000 39.25 feet on said west line; thence south 86º3156 west 153.4 feet; thence north 02º1015 west 37.50 feet; thence north 85º5429 east 154.9 feet to the point of beginning

JOSEPH L. JR. & ETHYLE SCOTT

SOCZEK

The South 72 feet of the North ½ of East ½ of Block 8, Forest City, Iowa

MARY ANN WARD

The south 132 feet of Lot 4 in M.C. Halverson’s Subdivision of the Southeast ¼ of the Southwest ¼, Section 26, Township 98 North, Range 24 west of 5th P.M. Forest City, Iowa

MERLE C. & THARON STEINMETZ

The south 66 feet of the north 132 feet of Lot 4 M.C. Halverson’s Subdivision of the Southeast ¼ of the Southwest ¼, Section 26, Township 98 North, Range 24 Forest City, Iowa

LLOYD R. & KATHY R. CONRAD

The north 66 feet of Lot 4 and the south 33 feet of Lot 5 in M.C. Halverson’s Subdivision of the Southeast ¼ of the Southwest ¼, Section 26, Township 98 North, Range 24, Forest City, Iowa

DOUGLAS A. & JULIE A. PRICE

The south ½ of Lot 5 except the south 33 feet thereof M.C. Halverson’s Subdivision of the Southeast ¼ of the Southwest ¼, Section 26, Township 98 North, Range 24 Forest City, Iowa

DENNIS D. & JUDY M. HARRINGA

The north ½ of Lot 5 M.C. Halverson’s Subdivision of the Southeast ¼ of the Southwest ¼, Section 26, Township 98 north, Range 24 Forest City, Iowa

RICHARD & TRUDY JOHNSON

The west 132 feet of the south 90 feet of Lot 7 M.C. Halverson’s Subdivision of the Southeast ¼ of the Southwest ¼, Section 26, Township 98 North, Range 24 Forest City, Iowa

GERALD HEIMENDINGER

Lots 12, 13, 14, 15 & 16 and the west ½ of Lot 17 all in M.C. Halverson’s Subdivision, Section 26, Township 98 North, Range 24 and east 10 rods of west 32 rods of the Southeast ¼ of the Southwest ¼, all in Section 26, Township 98 North, Range 24, Forest City, Iowa

DARREL E. & ROSE ALICE BEAVERS, cont. to: DALE GJERSTAD

The east ½ of Lot 17 M.C. Halverson’s Subdivision of Southeast ¼ of the Southwest ¼, Section 26, Township 98 North, Range 24 Forest City, Iowa

LOIS I. & ROBERT A. HANNA

Lot 18 M.C. Halverson’s Subdivision of the Southeast ¼ of the Southwest ¼, Section 26, Township 98 North, Range 24 Forest City, Iowa




DOUGLAS & JULIE A. PRICE

The East Half (E½) of Lot Nineteen (19) in M.C. Halverson’s Subdivision in the Southeast Quarter (SE¼) of the Southwest Quarter (SW¼) of Section Twenty-six (26) in Township Ninety-eight (98) North Range Twenty-four (24) West of the Fifth P.M., Iowa, except a tract described as commencing two (2) rods north of the southeast corner of the East Half (E½) of Lot Nineteen (19) in M.C. Halverson’s Subdivision in the Southeast Quarter (SE¼) of the Southwest Quarter (SW¼) of Section Twenty-six (26) in Township Ninety-eight (98) North, Range Twenty-four (24), running thence north eight (8) rods along west line of alley, thence west four (4) rods, thence south eight (8) rods, thence east four (4) rods to place of beginning, from Government to date hereof

RAYMOND G. & LILA M. KLOSTER

Commencing 2 rods north of the southeast corner of East ½ of Lot 19 M.C. Halverson’s Subdivision of the Southeast ¼ of the Southwest ¼, Section 26, Township 98 North, Range 24 running thence north 8 rods along the west line of the alley, thence west 4 rods, thence south 8 rods, thence east 4 rods to the point of beginning

EUGENE & CAROLYN HANNA

The south 215 feet of the east 69 feet of the west ½ of Lot 19 M.C. Halverson’s Subdivision of the Southeast ¼ of the Southwest ¼, Section 26, Township 98 North, Range 24, Forest City, Iowa

LOIS IONE & ROBERT A. HANNA

The West ½ Lot 19 in M.C. Halverson’s of the Southeast ¼ of the Southwest ¼, Section 26, Township 98 North, Range 24 except the south 215 feet of the east 69 feet thereof, Forest City, Iowa

100.02 COST OF THE PROJECT. The total cost of the project attributable to the sanitary sewer is $112,601.25, the portion of the engineering attributable to the project is $13,512.15, and the portion of legal attributable to the project is $1,872.00, for a total project cost for the sanitary sewer portion of the project of $127,985.40. Said total project cost will be divided equally amongst the property, above described, which will be served by connecting to the City Sanitary System.

100.03 CONNECTION OF EXISTING STRUCTURES. If there is an existing structure or house on the property which has sewage, as defined in 95.02(15) of this Code of Ordinances, said property must connect to the sanitary sewer system pursuant to Section 95.05 of this Code of Ordinances.

100.04 CONNECTION OF FUTURE STRUCTURES. Any property which does not have any structures on it at the time of the effective date of this chapter shall be required to pay the hookup fee at the time the structure with sewage, as defined in Section 95.02(15) of this Code of Ordinances, is built upon the property. In addition, the property owner will be required to pay the permit fee required in Section 96.02 of this Code of Ordinances.

100.05 SEWER CONNECTION FEE. The sewer connection fee on each of the above described properties is hereby established at $3,555.00. In the case of new construction, the connection fee of $3,555.00 is due and payable when a utility connection application is filed with the City and the permit fee required in Section 96.02 of this Code of Ordinances is paid.



At the option of the property owner a payment schedule pursuant to Section 100.06 may be used. The first payment shall be due and payable on July 1 after the permit is approved.

100.06 PAYMENT SCHEDULE. For those existing houses located in the Northwest Forest City Municipal Sanitary Sewer District hooked up to the sanitary sewer system by July, 1995, the permit fee required in Section 96.02 of this Code of Ordinances will be waived. For those existing houses located in the Northwest Forest City Municipal Sanitary Sewer District, the property owners, at their option, shall have the right to pay the connection fee in ten (10) equal installments. The first installment shall be due and payable on July 1, 1995, and be delinquent on August 1, 1995, and the remaining nine payments shall be due and payable on July 1 of the year following, and each succeeding year until paid in full. All payments shall be delinquent on October 1 of the fiscal year. Any unpaid balances shall bear interest at the rate of 5.1%, said interest to commence on July 1, 1995.

100.07 CERTIFICATION OF ORDINANCE. The Clerk is hereby directed to certify the ordinance codified in this chapter and record the same in the office of the County Recorder of Winnebago County, Iowa. After such recordation, any unpaid balance shall be a lien on the property.

100.08 COLLECTION OF FEES. All fees collected herein shall be paid to the City Treasurer and shall only be used for the purpose of operating the sanitary sewer utility or to pay the debt service on obligations issued to finance the sanitary improvement and/or extensions portion of the project.



CHAPTER 101

SOUTHEAST FOREST CITY MUNICIPAL SANITARY SEWER DISTRICT

101.01 Establishment of the Sanitary Sewer District 101.05 Sewer Connection Fee101.02 Cost of the Project 101.06 Payment Schedule101.03 Connection of Existing Structures 101.07 Certification of Ordinance101.04 Connection of Future Structures 101.08 Collection of Fees

101.01 ESTABLISHMENT OF THE SANITARY SEWER DISTRICT. There is hereby established within the City of Forest City the Southeast Forest City Municipal Sanitary Sewer District, said district to include the following described property to-wit:


NO. 1 - DEVELOPMENTAL RESOURCES, INC.

Parcel A

That part of the Southwest Quarter (SW¼) of the Southwest Quarter (SW¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24), and all that part of the Southeast Quarter (SE¼) of the Southeast Quarter (SE 1/4) of Section Two (2), Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, lying east of the right-of-way of Iowa Highway No. 69, subject to easement for public highway along the south side thereof, described as follows:

Beginning at a point on the east line of Section 2-97-24, said point being 1340 feet south of the East ¼ corner of said Section 2; thence N 88º46' E 55 feet; thence S 2º21' E 250.8 feet; thence S 86º04' W 65.0 feet to the east line of Section 2; thence S 86º04' W 92.3 feet to the original east ROW line of U.S. Highway No. 69; thence N 3º17' W 258.1 feet along said east ROW line; thence N 88º46' E 106.3 feet to the point of beginning, EXCEPT the west 27 feet thereof, AND

A tract of land in the Southwest Quarter (SW¼) of the Southwest Quarter (SW¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Hancock County, Iowa, described as follows: Commencing at the West Quarter corner of said Sec. 1, thence S 89º05' E 0.7 feet; thence S 02º21' E 1340.0 feet to the point of beginning; thence N 88º46' E 50.0 feet, thence S 02º21' E 248.6 feet; thence S 86º04' W 50.0 feet, thence N 02º21' W 250.8 feet to the point of beginning, AND

A tract of land in the Southwest Quarter (SW¼) of the Southwest Quarter (SW¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Hancock County, Iowa, and the Southeast Quarter (SE¼) of the Southeast Quarter (SE¼) of Section Two (2), Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Hancock County, Iowa, described as follows: Commencing at a point 1593.9 feet south of the East Quarter corner of said Sec. 2; thence N 86º04' E 115.0 feet; thence S 02º21' E 245.0 feet; thence S 86º04' W 176.8 feet to the east right-of-way line of U.S. Highway No. 69; thence N 03º21' W 37.5 feet; thence N 03º17' W 207.5 feet; thence N 86º04' E 65.3 feet to the point of beginning


CHAPTER 101 SOUTHEAST FOREST CITY MUNICIPAL SANITARY SEWER DISTRICT


NO. 1 - DEVELOPMENTAL RESOURCES, INC.

Parcel B

The north 145 feet of that part of the Southwest Quarter (SW¼) of the Southwest Quarter (SW¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24) and all that part of the Southeast Quarter (SE¼) of the Southeast Quarter (SE¼) of Section Two (2), Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, lying east of the right-of-way of Iowa Highway No. 69, subject to easement for public highway along the south side thereof, described as follows:

Beginning at a point on the East line of Section 2-97-24, said point being 1340 feet south of the East 1/4 corner of said Section 2; thence N 88º46' E 55 feet; thence S 2º21' E 250.8 feet; thence S 86º04' W 65.0 feet to the east line of Section 2; thence S 86º04' W 92.3 feet to the original east ROW line of U.S. Highway No. 69; thence N 3º17' W 258.1 feet along said east ROW line; thence N 88º46' E 106.3 feet to the point of beginning, EXCEPT the west 27 feet thereof, AND

A tract of land in the Southwest Quarter (SW¼) of the Southwest Quarter (SW¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Hancock County, Iowa, described as follows: Commencing at the West Quarter corner of said Sec. 1, thence S 89º05' E 0.7 feet; thence S 02º21' E 1340.0 feet to the point of beginning; thence N 88º46' E 50.0 feet, thence S 02º21' E 248.6 feet; thence S 86º04' W 50.0 feet, thence N 02º21' W 250.8 feet to the point of beginning

NO. 2 - FOREST CITY RADIATOR

That part of the Southwest Quarter (SW¼) of the Southwest Quarter (SW¼) of Section One (1) and the Southeast Quarter (SE¼) of the Southeast Quarter (SE¼) of Section Two (2), both in Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth P.M., Hancock County, Iowa, described as follows:

Commencing at the northwest corner of the SW¼ of said Sec. 1; thence S 00º38'04" E, 1839.38 feet (recorded as 1859.38 feet) along the westerly line of said SW¼ to the point of beginning; thence N 85º25'57" E 124.80 feet (recorded as N 86º04' E); thence S 02º55'20" E, 232.00 feet; thence S 85º38'27" W, 134.05 feet to a point on said westerly line of the SW¼ thence continuing S 85º38'27" W, 37.43 feet to the easterly right-of-way line of U.S. Highway No. 69 and the beginning of a 26384.22 foot radius, non-tangent curve, concave easterly; thence northerly 231.29 feet along said right-of-way line and said curve with a chord bearing of N 04º06'29" W, 231.29 feet to a point on a line bearing S 85º25'27" W from said point of beginning; thence N 85º25'57" E, 51.49 feet (recorded as N 86º04' E) to the point of beginning




NO. 3 - ALL-FOUR, INC.

That part of Parcel E, located in the Southwest Quarter (SW¼) of Section One (1), and in the Southeast Quarter (SE¼) of Section Two (2), both in Township Ninety-seven (97) North, Range Twenty-four (24) West of the Fifth Principal Meridian, Hancock County, Iowa, said Parcel E also shown and described in Plat and Survey filed April 21, 1999, in Book 6, Page 38 in the Office of the Hancock County Recorder, described as follows: Commencing at the southwest corner of said SW¼ of Sec. 1; thence N 88º11'l2" E, 131.82 feet along the southerly line of said SW¼ to a point on the easterly right-of-way line of U.S. Highway No. 69, said point also being the point of beginning; thence N 27º26'43" W, 292.19 feet along said easterly right-of-way line and along the southwesterly line of said Parcel E to a point on the easterly line of said SE¼; thence continuing N 27º26'43" W, 49.04 feet along said right-of-way line and along said southwesterly line to the beginning of a 26384.22 foot radius, non-tangent curve, concave easterly; thence northerly 220.37 feet along the westerly line of said Parcel E and along said curve with a chord bearing N 04º35'52" W, 220.37 feet to the southwest corner of Parcel A as described and recorded in a Warranty Deed filed February 17, 1993, in Book 92, Page 936, Office of the Hancock County Recorder; thence N 85º38'27" E, 590.45 feet along the southerly line of said Parcel A and along the easterly extension of said southerly line of Parcel A to a point on the northerly extension of a line 233.00 feet westerly, measured along the northerly and southerly lines of Lot 1, Airport Industrial Park, Hancock County, Iowa, from the easterly line of said Lot 1, thence S 00º31'18" E, 544.11 feet along a line parallel with said easterly line of Lot 1 to a point on the southerly line of said SW¼, said point also being on the southerly line of said Parcel E; thence S 88º11'12" W, 419.06 feet along said southerly line to the point of beginning

NO. 4 - SUPER 8 MOTEL M.W. HART,

INC.

A tract of land in the Northwest Quarter of the Southwest Quarter of Section 1, Township 97 North, Range 24 and the Northeast Quarter of the Southeast Quarter of Section 2, Township 97 North, Range 24, West of the Fifth Principal Meridian, Hancock County, exclusive of present established highway and described as follows: Commencing at the East Quarter corner of said Section 2, thence south 89º05' east 0.7 feet, thence south 2º21' east 944.6 feet to the point of beginning; thence south 2º21' east 395.4 feet; thence south 88º46' west 144.2 feet to the east right-of-way line of U.S. Highway #69, thence north 3º25' west along said right-of-way line 401.2 feet; thence south 89º05' east 150.2 feet to the point of beginning




NO. 5 - RANDY GROVES

A tract of land in the Northwest Quarter (NW¼) of the Southwest Quarter (SW¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24) West of the Fifth Principal Meridian, and the Northeast Quarter (NE¼) of the Southeast Quarter (SE¼) of Section Two (2), Township Ninety-seven (97) North, Range Twenty-four (24) West of the Fifth Principal Meridian, Hancock County, Iowa, containing 0.71 acres, more or less, and described as follows: Commencing at the East Quarter corner of Section 2, thence S 89º05' E 0.7 feet; thence S 2º21' E 544.6 feet to the point of beginning; thence S 2º21' E 200.0 feet; thence N 89º05', W 163.3 feet to the east right-of-way line of U.S. Highway #69, thence N 3º25' W along said east right-of-way line 200.0 feet, thence S 89º05' E 156.4 feet to the point of beginning, and commencing at the East Quarter corner of Section 2, Township 97 North, Range 24 West of the 5th P.M., thence S 89º05' E 0.7 feet; thence S 2º21' E 744.6 feet to the point of beginning; thence S 2º21' E 200.0 feet; thence N 89º05' W 150.2 feet to the east right-of-way line of U.S. Highway #69; thence N 3º25' W along said right-of-way line 200.0 feet; thence S 89º05' E 153.3 feet to the point of beginning

NO. 6 - ALL TIRE-LEONORA M.

HENDERSON & WAYNE M.

HENDERSON (deceased)

A tract of land in the Northwest Quarter (NW¼) of the Southwest Quarter (SW¼) of Section One (1), in Township Ninety-seven (97) North, Range Twenty-four (24), and in the Northeast Quarter (NE¼) of the Southeast Quarter (SE¼) of Section Two (2), in Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Hancock County, Iowa, containing 2.00 acres, more or less, described as follows: beginning at the East ¼ corner of Sec. 2, Twp. 97, Range 24, thence S 89º05' E 0.7 feet; thence S 2º21' E 544.6 feet; thence North 89º05' W 156.4 feet to the east right-of-way line of U.S. Highway #69; thence N 3º25' W along said east right-of-way line 544.6 feet; thence S 89º05' E 163.4 feet along the quarter section line to the point of beginning.

NO. 7 - WINNEBAGO INDUSTRIES, INC.

PARCEL B-That part of the Southwest Quarter of Section 1, Township 97 North, Range 24 West of the 5th P.M., Hancock County, Iowa, described as follows: Commencing at the Northwest Corner of said Southwest Quarter; thence N 87º54'26" E, 0.70 feet along the Northerly line of said Southwest Quarter to the point of beginning; thence continuing N 87º54'26" E, 2123.59 feet along said Northerly line to a point 450.00 feet Westerly, measured along said Northerly line, from the Northeast Corner of said Southwest Quarter; thence S 00ºl7'45" W, 525.00 feet along a line parallel with said Easterly line; thence S 87º54'26" W, 2094.12 feet along a line parallel with said Northerly line to a point on the Easterly line of that parcel of land described and recorded in a Warranty Deed filed July 9, 1991, in Book 91, Page 754, Office of the Hancock County Recorder; thence N 02º55'20" W (recorded as S 2º21' E) 524.60 feet along said Easterly line to the point of beginning; containing 25.39 acres, subject to any easements either recorded or unrecorded.




NO. 7 – WINNEBAGO INDUSTRIES, INC.

(continued)

PARCEL D-That part of the Southwest Quarter of Section 1, Township 97 North, Range 24 West of the 5th P.M., Hancock County, Iowa, described as follows: Commencing at the Northwest Corner of said Southwest Quarter (SW ¼); thence N 87º5426 E, 0.70 feet along the Northerly line of said Southwest Quarter; thence S 02º5520 E, 524.60 feet along the Easterly line of that parcel of land described and recorded in a Warranty Deed filed July 9, 1991, in Book 91, Page 754, Office of the Hancock County Recorder, to the point of beginning; thence N 87º5426 E, 2094.12 feet along a line parallel with said northerly line to a point 450.00 feet Westerly, measured along a line parallel with said Northerly line, from the Easterly line of said Southwest Quarter; thence S 00ºl745 W, 371.00 feet along a line parallel with said easterly line; thence S 87º5426 W, 2073.29 feet along a line parallel with said northerly line to a point on the easterly line of that parcel of land described and recorded in a Quit Claim Deed filed March 15, 1993, in Book 92, Page 1022, Office of the Hancock County Recorder; thence N 02º5520 W, 370.72 feet along the easterly line of that parcel recorded in said Quit Claim Deed and along the easterly line of that parcel recorded in said Warranty Deed to the point of beginning; containing 17.73 acres, subject to any easements either recorded or unrecorded.

PARCEL E-That part of the Southwest Quarter of Section 1 and the Southeast Quarter of Section 2, both in Township 97 North, Range 24 West of the 5th P.M., Hancock County, Iowa, described as follows: Commencing at the Northwest Corner of said Southwest Quarter; thence N 87º5426 E, 0.70 feet along the northerly line of said Southwest Quarter; thence S 02º5520 E, 895.32 feet along the easterly line of that parcel of land described and recorded in a Warranty Deed filed July 9, 1991, in Book 91, Page 754, Office of the Hancock County Recorder and along the easterly line of that parcel of land described and recorded in a Quit Claim Deed filed March 15, 1993, in Book 92, Page 1022, Office of the Hancock County Recorder to the point of beginning; thence N 87º5426 E, 2523.29 feet along a line parallel with the northerly line of said Southwest Quarter to a point on the easterly line of said Southwest Quarter; thence S 00º1745 W, 1718.64 feet along said easterly line to the southeast corner of said Southwest Quarter; thence S 88º1112 W, 2399.72 feet along the southerly line of said Southwest Quarter to a point on the easterly right-of-way line of U.S. Highway No. 69; thence N 27º2643 W, 292.19 feet along said easterly right-of-way line to a point on the easterly line of said Southeast Quarter; thence continuing N 27º2643 W, 49.04 feet along said right-of-way line to the beginning of a 26384.22 foot radius, non-tangent curve, concave easterly; thence northerly 220.37 feet along said curve with a chord bearing N 04º3552 W, 220.37 feet to the southwest corner of Parcel A as described and recorded in a Warranty Deed filed February 17, 1993, in Book 92, Page 936, Office of the Hancock County Recorder; thence N 85º3827” E, 171.48 feet along the southerly line of said Parcel A to the southeast corner of said Parcel A; thence N 02º5520 W, 232.00 feet along the easterly line of said Parcel A to the northeast corner of said Parcel A; thence continuing N 02º5520 W 493.60 feet (recorded as S 02º21 E, 493.6 feet) along the easterly line of that parcel of land described in a Warranty Deed filed September 7,




NO. 7 – WINNEBAGO INDUSTRIES, INC.

(continued)

1984, in Book 86, , Office of the Hancock County Recorder to the northeast corner of said parcel; thence S 88º07’56” W, 50.00 feet (recorded as N 88º46’ E, 50.0 feet) along the northerly line of said parcel to the southeast corner of that parcel of land described and recorded in a Warranty Deed filed June 17, 1959, in Book 61, Pages 451 and 452; thence N 02º55’20” W, 444.68 feet along the easterly line of said parcel and the easterly line of that parcel of land described and recorded in said Quit Claim Deed filed March 15, 1993 in Book 92, Page 1022, Office of the Hancock County Recorder to the point of beginning; containing 97.31 acres subject to existing public road right of way and subject to any easements either recorded or unrecorded.

LANDOWNERS OUTSIDE THE CORPORATE BOUNDARIES, CITY OF FOREST CITYLAND OWNER DESCRIPTION

NO. 8 – DENNIS AND JANET HAUGEN

Lot One (1), except the east 200 feet thereof, Airport Industrial Park, Hancock County, Iowa

NO. 9 – KEITH AND MARY FARLAND

The east 200 feet of Lot One (1), Airport Industrial Park, Hancock County, Iowa

NO. 10 – COUNTY OF HANCOCK

Lot Two (2), Airport Industrial Park, Hancock County, Iowa

NO. 11 – JOHN E. MONSON

Lot Three (3), Airport Industrial Park, Hancock County, Iowa

NO. 12 – CLARENCE J. AND MARY ANN

WELLIKLot Four (4), Airport Industrial Park, Hancock County, Iowa

NO. 13 – DALE R. AND CAROL J. HEITLAND

The north 200 feet of Lot Five (5), Airport Industrial Park, Hancock County, Iowa

NO. 14 – VAUGHN R. AND JOANN M.

DREWES

The west 165 feet EXCEPT the north 200 feet thereof, Lot Five (5), Airport Industrial Park, Hancock County, Iowa

NO. 15 – RICHARD AND BEVERLY

THOMPSON

The west 25.00 feet of the east 130.00 feet except the north 200 feet of Lot Five (5), Airport Industrial Park, Hancock County, Iowa, as depicted on attached survey plat, comprising approximately 5,848 square feet

NO. 16 – VAUGHN R. AND JOANN M.

DREWES

A part of Lot Six (6), Airport Industrial Park, located in the Northwest Quarter (NW¼) of Section Twelve (12), Township Ninety-seven North (T97N), Range Twenty-four West (R24W) of the Fifth Prime Meridian, described as follows: Beginning at the northwest corner of said Lot 6, thence N 88º12’02” E along the north line of said Lot 6, 329.92 feet to the northeast corner of said Lot 6; thence S 0º31’18” E along the east line of said Lot 6, 199.94 feet; thence N 85º44’12” W, 324.67 feet to the west line of said Lot 6; thence N 2º43’39” W along said west line, 165.54 feet to the point of beginning




NO. 17 - JAY AND LISA KNUTSON

A part of Lot Six (6), Airport Industrial Park Subdivision, Hancock County, Iowa described as follows: Beginning at the southeast corner of said Lot 6; thence N 85º43'00" W along the south line of said Lot 6 and the northerly right of way line of Industrial Road, 239.35 feet; thence northwesterly 82.62 feet along an arc of an 80.00 foot radius curve to the left having a chord length of 75.00 feet and bearing N 49º45'26" W; thence N 0º39'51 " E, 168.20 feet; thence S 85º44'12" E 295.89 feet to a point on the east line of said Lot 6; thence S 0º31'18" E along said east line, 215.11 feet to the point of beginning

NO. 18 - YOHN READY MIX CO.

Lot Seven (7) and Lot Eight (8), Airport Industrial Park, Hancock County, Iowa

NO. 19 - JOSEPH REDIG

Lot Nine (9), except the east 150 feet thereof, Airport Industrial Park, Hancock County, Iowa, containing 49384 square feet; also, that part of Industrial Road, Airport Industrial Park, Hancock County, Iowa, described as follows: Beginning at the northwest corner of Lot 9 in said Industrial Park; thence N 04º15'48" E, 47.00 feet along the westerly line of said Lot 9 extended northerly to a point of intersection with the northerly line of said Lot 9 extended westerly; thence S 85º44'12" E, 72.88 feet along said northerly line of Lot 9 extended westerly to a point on said northerly line of Lot 9 and the beginning of a 80.00 foot radius, non-tangent curve, concave northwesterly; thence southwesterly 91.65 feet along the northwesterly line of said Lot 9 and said curve with a chord bearing S 61º26'44" W, 86.72 feet to the point of beginning, containing 2464 square feet. Section Twelve (12), Township Ninety-seven (97) North, Range Twenty-four (24) West of the Fifth P.M., Hancock County, Iowa

NO. 20 - CHRIS AND MARY BAXTER

The east 150 feet of Lot Nine (9), Airport Industrial Park, Hancock County, Iowa

NO. 21 - VAUGHN R. AND JOANN DREWES

The west 150 feet of Lot Ten (10), Airport Industrial Park, Hancock County, Iowa

NO. 22 - MARION OLSON

Lot Ten (10), Airport Industrial Park, Hancock County, Iowa, except the west 150 feet thereof

NO. 23 - DALE AND CAROL HEITLAND

A tract of land located in the Northwest Quarter (NW¼) of Section Twelve (12), Township Ninety-seven (97) North, Range Twenty-four (24) West of the Fifth Prime Meridian, Hancock County, Iowa, more particularly described as follows: Lots One (1), Two (2), Three (3) and Four (4), Airport Industrial Park Second Addition Subdivision, Hancock County, Iowa

NO. 24 - WINNEBAGO INDUSTRIES, INC.

Lot Five (5), Airport Industrial Park, Hancock County, Iowa




NO. 25 - CITY OF FOREST CITY, IOWA

Commencing at the North Quarter corner of Section Twelve (12), Township Ninety-seven (97) North, Range Twenty-four (24) West of the 5th P.M.; thence westerly along the north line of Section 12-97-24 657.3 feet to the west line of the existing Airport property and the point of beginning; thence westerly along the north line of Section 12-97-24, 175.0 feet; thence southerly parallel to the west line of the existing Municipal Airport 1320.0 feet; thence easterly 175.0 feet to the west line of the existing Municipal Airport; thence northerly along the west line of the existing Municipal Airport 1320.0 feet to the point of beginning. Said tract is located in the East Half (E 1/2) of the Northwest Quarter (NW¼), Section Twelve (12), Township Ninety-seven (97) North, Range Twenty-four (24) West of the 5th P.M., Hancock County, Iowa, and contains 5.30 acres more or less

101.02 COST OF THE PROJECT. The portion of construction cost attributable to the project is $287,472, the portion of the engineering attributable to the project is $99,408, and the portion of legal attributable to the project is $5,000 for a total project cost for the sanitary sewer portion of the project of $391,880, said total project cost will be divided equally on a per acre basis amongst the property, above described, which will be served by connecting to the City Sanitary System.

101.03 CONNECTION OF EXISTING STRUCTURES. If there is an existing structure or house on the property within the City which has sewage, as defined in Section 95.02(15) of this Code of Ordinances, said property must connect to the sanitary sewer system pursuant to Section 95.05 of this Code of Ordinances.

101.04 CONNECTION OF FUTURE STRUCTURES. Any property which does not have any structures on it at the time of the passage of the ordinance codified by this chapter shall be required to pay the hook-up fee, pursuant to this chapter, at the time the structure with sewage, as defined in Section 95.02(15) of this Code of Ordinances, is built upon the property. In addition, the property owner will be required to pay the permit fee required in Section 96.02 of this Code of Ordinances.

101.05 SEWER CONNECTION FEE.

1. There is hereby established a sewer connection fee schedule based upon the following schedule to-wit:

Item No.

Owner Property Description No.

Acreage Anticipated Cost Share

1 All Tire #6 2.00 $6,436.732 Groves Contracting #5 1.40 $4,505.713 M.W. Hart, Inc. #4 1.34 $4,312.614 Developmental Resources, Inc. #1 – Parcel A 0.70 $2,252.865 Developmental Resources, Inc. #1 – Parcel B 1.51 $4,859.736 Forest City Radiator Service, Inc. #2 0.93 $2,993.08



Item No.



7 All Four, Inc. #3 5.72 $18,409.058 Winnebago Ind. Rally Grounds #7 – Parcel B 13.77 $44,316.899 Winnebago Ind. #7 – Parcel D 9.98 $32,119.2910 Winnebago Ind. #7 – Parcel E 9.56 $30,767.5711 Winnebago Ind. Heritage Park #7 – Parcel E 19.34 $62,243.19

The minimum sewer connection fee on each of the above described properties is hereby established at $4,000.00 based upon domestic residential use. However, any use due to increased volume or in higher concentration will be assessed pursuant to Subsection 3 of this section. Any costs associated with the extension to the applicable property from the existing sewer pipe will be the responsibility of the property owner.

2. Upon petition as provided in Section 384.41(1), the City may assess to private property affected by public improvements within three miles of the City’s boundaries the cost of construction and repair of public improvements within that area. The Council expressly finds the Airport Industrial Park and the Airport Industrial Park Second Addition are within three (3) miles of the City’s boundaries and will benefit from the public improvements. There is hereby established a sewer connection fee schedule based upon the following schedule for said Airport Industrial Park and the Airport Industrial Park Second Addition to-wit:

Item No.



1 Dennis/Janet Haugen #8 4.55 $14,643.562 Keith/Mary Farland #9 1.84 $5,921.793 County of Hancock #10 1.85 $5,953.984 John E. Monson

N. IA. Plumbing/Heating#11 0.92 $2,960.90

5 Mary Ann/Clarence Wellik #12 0.92 $2,960.906 Dale R. Heitland

Dale’s Body Shop#13 1.35 $4,344.79

7 Vaughn/Joann DrewesNorth Iowa Storage

#14 0.83 $2,671.24

8 Richard/Beverly Thompson #15 0.74 $2,381.599 Vaughn/Joann Drewes

Norbert Pint#16 1.24 $3,990.77

10 Jay/Lisa Knutson #17 1.35 $4,344.7911 Yohn Ready Mix Co. #18 5.48 $17,636.6412 Joseph Redig #19 1.19 $3,829.8513 Chris/Mary Baxter #20 0.94 $3,025.2614 Vaughn/Joann Drewes

Mini Storage#21 0.94 $3,025.26

15 Marion Olson #22 1.19 $3,829.8516 Dale Heitland #23 1.10 $3,540.2017 Dale Heitland #23 1.10 $3,540.20



Item No.



18 Dale Heitland #23 0.80 $2,574.6919 Dale Heitland #23 0.80 $2,574.6920 Winnebago Ind. #24 4.80 $15,448.1521 City of Forest City #25 20.91 $67,296.02

The minimum sewer connection fee on each of the above-described properties is hereby established at $6,000.00, based on domestic residential use. However, any use due to increased volume or in higher concentration will be assessed pursuant to Subsection 3 of this section. Any costs associated with the extension to the applicable property from the existing sewer pipe will be the responsibility of the property owner.

3. The above minimum sewer connection fee of $4,000, in the case of those properties within the City limits, and $6,000 for those properties located outside the City limits, is based upon a residential use of 300 gallons per day. Any additional usage either in terms of volume or concentration may be assessed a larger hook-up fee. Said hook-up fee shall be calculated as follows. For each additional 300 gallons per day or part thereof, an additional $4,000 shall be added to the hook-up fee. For every additional 240 milligrams per liter BOD5 in concentration above 240 milligrams per liter BOD5 or portion thereof, there shall be assessed an additional $4,000 hook-up fee.

4. In the event the preliminary cost share for an individual property is more than $4,000 or $6,000, respectively, and the volume and concentration are the same as or less than residential uses as defined above, the difference between the minimum hook-up fee, whether it is $4,000 or $6,000, and the preliminary cost share as defined above shall be considered a deficiency. Said deficiency will not be assessed unless, within a 20-year period, the use of the property is changed and the volume and concentration is increased or a portion of the property is sold. The use of the portion of the property which is sold will be examined and in the event the use is less than the residential use as defined above the minimum hook-up fee will be charged. In the event the use is more than the residential use as defined above, the same formula as defined above in Subsection 3 will be used to determine the assessment. In the event there is no change in the use within 20 years after the passage of Ordinance No. 587, no further assessments will be collected by the City.

101.06 PAYMENT SCHEDULE.

1. New Construction. In the case of new construction, the above referred to connection fees of either $4,000 or $6,000 may be due and payable when a utility connection application is filed with the City, and the permit fee required in Section 96.02 of this Code of Ordinances is paid. At the option of the property owner of new construction located in the Southeast Forest City Municipal Sanitary Sewer, said property owner shall have the right to pay the above referred to connection fee in 10 equal set installments. The first installment shall be due and payable on July 1 of the year in which construction is substantially complete and shall be delinquent on October 1 of said year, and the remaining nine payments shall be due and payable on July 1 of the year following, and each succeeding year thereafter until paid in full. All payments shall be delinquent on October 1 of the fiscal year. Any unpaid balances



shall bear interest at the rate of 6.75%, said interest to commence on July 1 of the year in which construction is substantially complete.

2. Existing Structures. For those existing structures located in the Southeast Forest City Municipal Sanitary Sewer District hooked up to the sanitary sewer system by October 1, 2000, the permit fee required in Section 96.02 of this Code of Ordinances will be waived. For those existing structures located in the Southeast Forest City Municipal Sanitary Sewer District in which no utility application will be filed, the property owners, at their option, shall have the right to pay the above referred to connection fee in 10 equal set installments. The first installment shall be due and payable on July 1, 2001, and shall be delinquent on October 1, 2001, and the remaining nine payments shall be due and payable on July 1 of the year following, and each succeeding year until paid in full. All payments shall be delinquent on October 1 of the fiscal year. Any unpaid balances shall bear interest at the rate of 6.75%, said interest to commence on July 1, 2001.

101.07 CERTIFICATION OF ORDINANCE. The City Clerk is hereby directed to certify the ordinance codified by this chapter and record the same in the office of the County Recorder of Hancock County, Iowa. After such recordation, any unpaid balances shall be a lien on the property.

101.08 COLLECTION OF FEES. All fees collected herein shall be paid to the City Treasurer, and shall only be used for the purpose of operating the sanitary sewer utility, or to pay the debt service on obligations issued to finance the sanitary improvement and/or extensions portion of the project.


CHAPTER 102

EAST FOREST CITY MUNICIPAL SANITARY SEWER DISTRICT

102.01 Establishment of Sewer District 102.06 Payment Schedule102.02 Cost of the Project 102.07 Certification of Ordinance102.03 Connection of Existing Structures 102.08 Collection of Fees102.04 Connection of Future Structures 102.09 Check Valves102.05 Sewer Connection Fee

102.01 ESTABLISHMENT OF THE SANITARY SEWER DISTRICT. There is hereby established within the City of Forest City, the East Forest City Municipal Sanitary Sewer District, said district to include the following described property to-wit:


EDGAR J. AND ROSEMARY

SCHOOLCRAFT

That part of Lot Nineteen (19) lying Southwesterly of a line described as extending from a point on the East line of Lot Nineteen (19), Thirty-two (32) feet North of the Southeast (SE) corner of Lot Nineteen (19), thence Northwesterly to a point that intersects with the Easterly line of the street cul-de-sac of Oakmont South, Twenty-six (26) feet Northerly of the Southwest corner of Lot Nineteen (19), and that part of Lot Eighteen (18) lying parallel with and Northeasterly of the high water mark of the Lagoon situated at the Westerly edge of said Lot together with the unobstructed right of access in the Buyers and their successors to the lagoon for pleasure purposes; reserving the restriction however, that the Buyers and their successors shall not build or cause to be located any building or other structure on the premises within 50 feet of the high-water mark of said Lagoon, all in the Plat and Subdivision of a tract of land named Country Club Heights and described as the North Eighty-seven and one-half (87 ½) Rods of the Northwest Quarter (NW ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24) West of the Fifth P.M., Hancock County, Iowa, lying East of the Center Line of Lime Creek, a meandering stream, and subject to easements and restrictions of record.

KEVIN AND JODY HARMON AND KEVIN

AND JILL SHEIMO

Lot Nineteen (19), Country Club Heights, Sub-division of the North Eighty-seven and one-half (871/2) rods of the North West Quarter (NW1/4) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Hancock County, Iowa, lying east of the Center Line of Lime Creek, except that part of said Lot Nineteen (19), lying Southwesterly of a line described as extending from a point on the East line of Lot Nineteen (19), Thirty-two (32) feet North of the Southeast (SE) corner of Lot Nineteen (19), thence Northwesterly to a point that intersects with the Easterly line of the street cul-de-sac of Oakmont South, Twenty-six (26) feet Northerly of the Southwest corner of Lot Nineteen (19).


CHAPTER 102 EAST FOREST CITY MUNICIPAL SANITARY SEWER DISTRICT


SHARON NERDIG

Lot Twenty (20), Country Club Heights Subdivision, of the North 87 1/2 Rods of the Northwest Quarter of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of Centerline of Lime Creek.

DAVID J. AND DEANNA L. ENNEN

Lot Twenty-one (21), Country Club Heights, Subdivision of the North Eighty-seven and one-half (87 ½) rods of the Northwest Quarter (NW ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of the Center Line of Lime Creek.

ROBERT AND NATALIE ALSOP

Lot Fourteen (14), Country Club Heights Subdivision of the North Eighty-seven and one-half (87 ½) rods of the North West Quarter (NW ¼) of Section One (1), Township Ninety-seen (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of the center line of Lime Creek; excepting therefrom the following described tract: Beginning at the Southwest corner of said Lot 14; thence North 05º31’50” West 183.00 feet to the Northwest corner of said Lot 14; thence South 11º34’40” East 143.00 feet; thence South 89º29’00” East 105.00 feet; thence North 84º34’10” East 115.00 feet to the Southeast corner of said Lot 14; thence South 78º35’10” West 235.00 feet to the point of beginning.

CHARLIE AND MARY BAXTER

Lot Seven (7), Country Club Heights, a sub-division of the North 87 ½ rods of the Northwest Quarter (NW ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of the center line of Lime Creek.

DONALD & MARVEL SMIDT REVOCABLE

TRUST

Lots Twelve (12) and Thirteen (13), Country Club Heights, a sub-division of the North Eighty-seven and one-half (87 1/2) rods of the Northwest Quarter (NW ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24) West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of the center line of Lime Creek.

JEANNE O. PETERSON/NANCY

MACKIN

Lot Eight (8), County Club Heights, a sub-division of the North Eighty-seven and one-half (87 1/2) rods of the Northwest Quarter (NW ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24) West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of the center line of Lime Creek.

GARY L. AND DEBRA J. VANDENBOSCH

Lot Eleven (11), County Club Heights, a sub-division of the North Eighty-seven and one-half (87 1/2) Rods of the Northwest Quarter (NW ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24) West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of the center line of Lime Creek.




RONALD L. & JOAN E. LANGERUD

Lot Ten (10), Country Club Heights, a sub-division of the North Eighty-seven and one-half (87 1/2) rods of the Northwest Quarter (NW ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24) West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of the center line of Lime Creek.

ROGER E. AND SONIA L. JOHNSON

Lot Twenty-two (22), Country Club Heights, a sub-division of the North 87 ½ rods of the Northwest Quarter (NW ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of the center of Lime Creek.

WALTER T. ROSE II AND REBECCA J.

ROSE

Lot Twenty-four (24),County Club Heights, a sub-division of the North Eighty-seven and one-half (87 1/2) rods of the Northwest Quarter (NW ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24) West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of the center line of Lime Creek, except a tract described as commencing at the Northeast corner pin of said Lot 24; thence South 20 feet along the easterly lot line of said Lot 24; thence West 88 feet, said line running parallel to existing Northern boundary line of said Lot 24; thence North 20 feet running parallel to Easterly lot line of said Lot 24; thence East 88 feet to the point of beginning.

LOWELL L. &

MARJORY F.

SOLBERG

That part of Lot Twenty-four (24), County Club Heights, a sub-division of the North Eighty-seven and one-half (87 1/2) rods of the Northwest Quarter (NW ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24) West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of the center line of Lime Creek, described as follows: Commencing at the Northeast corner pin of said Lot 24; thence South 20 feet along the Easterly lot line of said Lot 24; thence West 88 feet, said line running parallel to existing Northern boundary line of said Lot 24; thence North 20 feet running parallel to Easterly lot line of said Lot 24; thence East 88 feet to the point of beginning.

AND AS TO

That part of Lot Twenty-three (23), in County Club Heights, a sub-division of the North Eighty-seven and one-half (87 1/2) rods of the Northwest Quarter (NW ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24) West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of the centerline of Lime Creek, described as follows: Commencing at the Southeast corner of Lot 23; thence West Eighty-eight (88) feet to the Southwest Corner of said Lot 23; thence North One Hundred and five tenths feet (100.5’) along the West line of said Lot 23; thence East One Hundred Thirty-five (135) feet to the East line of said Lot 23; thence South One Hundred Thirty-two and six tenths feet (132.6’) to the point of beginning.




SHIRLEY K. HANSON

Lot Twenty-three (23), County Club Heights, a sub-division of the North Eighty-seven and one-half (87 1/2) rods of the Northwest Quarter (NW ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24) West of the Fifth P.M., Hancock County, Iowa, lying East of the center line of Lime Creek, EXCEPT Commencing at the Southeast Corner of Lot 23; thence West 88 feet to the Southwest corner of said Lot 23; thence North 100.5’ along the West line of said Lot 23; thence East 135 feet to the East line of said Lot 23; thence South 132.6 feet to the point of beginning.

RICHARD A. & ROBERT L. HONSEY

Lot Nine (9), County Club Heights, a sub-division of the North Eighty-seven and one-half (87 1/2) rods of the Northwest Quarter (NW ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24) West of the Fifth P.M., Hancock County, Iowa, lying East of the centerline of Lime Creek.

ROGER W. & PEGGY S. MARTIN

Lot Six (6), Country Club Heights, a sub-division of the North Eighty-seven and one-half (87 1/2) rods of the Northwest Quarter (NW ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24) West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of the center line of Lime Creek.

JEROME V. & EUNICE A. CLOUSE

Lot Five (5), Country Club Heights, a sub-division of the North 87 ½ rods of the Northwest Quarter (NW ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of the center line of Lime Creek.


Lot Four (4), Country Club Heights, a sub-division of the North 87 ½ rods of the Northwest Quarter (NW ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of the center line of Lime Creek.


Lot Two (2), Country Club Heights, a sub-division of the North 87 ½ rods of the Northwest Quarter (NW ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of the center line of Lime Creek.

JOHN C. & MARY ANN FARUS

Lots Three (3), County Club Heights, a sub-division of the North 87 ½ rods of the Northwest Quarter (NW ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of the center line of Lime Creek.

MARK J. AND BETH A. CLOUSE

That part of Lots Two (2), Three (3) , Four (4) and Five (5)in the Subdivision of the West Half (W ½) of the Northeast Quarter (NE ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Hancock County, Iowa, described as Parcel A in Plat of Survey 5 I.S. 91 filed for record August 23, 1994 in the office of the Recorder, Hancock County, Iowa.




THE ANNE M. BAKKE REVOCABLE TRUST DATED FEBRUARY

14, 2012

Lot Thirteen (13), Estates of Bear Creek First Subdivision, Forest City, Hancock County, Iowa.

THE ANNE M. BAKKE REVOCABLE TRUST DATED FEBRUARY

14, 2012

Lot Fourteen (14), Estates of Bear Creek First Subdivision, Forest City, Hancock County, Iowa.

RICHARD AND VERA HYNES REV. TRUST

Lot Twenty-five (25), Country Club Heights, Subdivision of the North Eighty-seven and one-half (87 ½) rods of the Northwest Quarter (NW 1/4) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of the Center Line of Lime Creek.

COLLEEN SCHMIDT

Lot Twenty-six (26), Country Club Heights, a sub-division of the North 87 ½ rods of the Northwest Quarter (NW ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of the center line of Lime Creek.

LANCE S. BARHITE AND KELSEY G.

BARHITE

Lot Twenty-seven (27), County Club Heights, a sub-division of the North Eighty-seven and one-half (87 1/2) rods of the Northwest Fractional Quarter (NW Frl. ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24) West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of the center line of Lime Creek.

MILDRED E. OSTRANDER

Lot Twenty-eight (28), Country Club Heights, a sub-division of the North 87 ½ rods of the Northwest Quarter (NW ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of the center line of Lime Creek.

KEVIN AND JILL SHEIMO

Lot Twenty-nine (29), Country Club Heights, a sub-division of the North 87 ½ rods of the Northwest Quarter (NW ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of the center line of Lime Creek.

JOHN C. & MARY ANN FARUS

Lots One (1), County Club Heights, a sub-division of the North 87 ½ rods of the Northwest Quarter (NW ¼) of Section One (1), Township Ninety-seven (97) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Hancock County, Iowa, lying East of the center line of Lime Creek.




CYNTHIA M. FJETLAND

That part of Lots Fourteen (14), Fifteen (15), Sixteen (16) and Outlot “C”, Country Club Heights, an Addition to Hancock County, Iowa, now in the city of Forest City, Iowa, described as follows: Beginning at the Southeast corner of Lot 14 in said Country Club Heights; thence S 16º31’20” E, 44.70 feet along the Northeasterly line of Lot 15 in said Country Club Heights to the beginning of a 407.56 foot radius, nontangent curve, concave Northeasterly; thence Southeasterly 105.17 feet along said Northeasterly line and said curve with a chord bearing S 23º29’53” E, 104.88 feet to the Northeast Corner of Lot 16 in said Country Club Heights; thence continuing Southeasterly 33.09 feet along the Northeasterly line of said Lot 16 and said curve with a chord bearing S 33º13’00” E, 33.08 feet; thence S 45º17’33” W. 90.33 feet; thence S 28º30’41” W, 115.00 feet; thence S 56º30’41” W, 45.00 feet; thence S 86º30’41” W, 60.00 feet; thence N 38º29’19” W, 65.00 feet; thence N 33º29’19” W, 155.00 feet; thence N 16º06’09” E, 182.25 feet to a point located S 11º34’40” E, 143.00 feet from the Northwest Corner of said Lot 14; thence S 86º29’00” E, (Recorded as S 89º29’00” E), 105.00 feet; thence N 84º31’02” E (Recorded as N 84º34’10” E), 115.00 feet to the point of beginning; containing 83723 square feet subject to any existing easements of record.

RICHARD A. HONSEY AND ROBERTA L.

HONSEY

The West 145 feet of the East 211 feet of the South 178 feet of Lot Seventeen (17) in the Subdivision of the East Half (E ½) of Section Thirty-six (36), Township Ninety-eight (98) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Winnebago County, Iowa.

HARLAN AND MARY RODBERG

A tract of land described as beginning at a point on the West line of the Southeast Quarter (SE ¼) of Section Thirty-six (36) in Township Ninety-eight (98) North, Range Twenty-four (24) West of the Fifth P.M., Iowa, 549.78 feet North of the Southwest corner of the Southeast Quarter (SE ¼) of said Section Thirty-six (36), which is also the Southwest corner of Lot Fifteen (15) in the Subdivision of the East Half (E ½) of Section 36, Township 98 North, Range 24 West; thence North 544 feet, thence East 0º19’ South 907.3 feet, thence South 0º15’ West 539 feet, thence West 0º05’ South 905 feet to the point of beginning except a tract described as follows: Beginning at the Southwest corner of Lot Fifteen (15) in the Subdivision of the East Half of Section 36, Township 98 North, Range 24 West, which is on the North and South line and 549.78 feet North of the South Quarter corner of said Section 36, thence North 132 feet, thence East 200 feet, thence South 132 feet to the South line of Lot 15, thence West 200 feet to the point of beginning, and except the West 341.0 feet of the North 170.0 feet.




BARRY L. BENDICKSON AND

MICHELLE C. BENDICKSON

A tract of land described as the West 341.0 feet of the North 170.0 feet of the following described tract of land; beginning at a point on the West line of the Southeast Quarter (SE ¼) of Section Thirty-six (36) in Township Ninety-eight (98) North, Range Twenty-four (24) West of the Fifth Principal Meridian, Winnebago County, Iowa, 549.78 feet North of the Southwest corner of the Southeast Quarter (SE ¼) of said Section Thirty-six (36) which is also the Southwest corner of Lot Fifteen (15) in the Subdivision of the East Half (E ½) of Section Thirty-six (36), Township Ninety-eight (98) North, Range Twenty-four (24) thence North 544 feet; thence East 0º19’ South 907.3 feet; thence South 0º15’ West 539 feet; thence West 0º05’ South 905 feet to the point of beginning.

ERIC AND LAURA CANTERBURY

A parcel of land designated as Parcel “A” located in part of Lot Fifteen (15) in the Subdivision of the East One-half (E ½) of Section Thirty-six (36), Township Ninety-eight (98) North, Range Twenty-four (24) West of the Fifth Principal Meridian, Forest City, Winnebago County, Iowa, described as follows: Commencing at the Southwest corner of the W ½ of the SE ¼ of said Sec. 36; thence N 0º00’00” W along the west line of said W ½ SE ¼, 1089.00 feet to the Point of Beginning of Parcel “A”, thence continuing N 0º00’00” W along said west line, 115.50 feet; thence S 89º26’40” E, 514.80 feet to the easterly line of said Lot 15 and the westerly line of Lot 13 in said Subdivision of the E ½ of Section 36; thence S 00º00’00” E along said easterly line of Lot 15, 115.50 feet; thence N 89º26’40” W, 514.80 feet to the Point of Beginning.

FOREST THOMPSON AND BARBARA

THOMPSON AND THOMAS

MCCLOSKEY, JR. AND ROBIN

MCCLOSKEY

A tract of land described as commencing ten rods South of the Northwest corner of Lot Fifteen (15) in the Sub-division of the East Half (E 1/2) of Section Thirty-Six (36), Township Ninety-eight (98) North, Range Twenty-four (24) West of the Fifth P.M., Winnebago County, Iowa, thence East Thirty-one (31) rods and Three and one-half (3 ½) feet; thence South Five (5) Rods; thence West Thirty-one (31) Rods and Three and one-half (3 ½) feet; thence North Five (5) rods to place of beginning.

LAWRENCE K. AND SHIRLEY DALTON

The South 84.52 feet of the West 253.26 feet of the North 2 chains and 47 links of Lot Fifteen (15) in the Sub-division of the East Half (E ½) of Section Thirty-six (36) in Township Ninety-eight (98) North, Range Twenty-four (24) West of the Fifth Principal Meridian, Winnebago County, Iowa.

ASHLEY AND ALYSSA LANGE

The West 245 feet of the South 82.5 feet of Lot Fourteen (14) in the Subdivision of the East Half (E ½) of Section Thirty-six (36), Township Ninety-eight (98) North, Range Twenty-four (24) West of the Fifth P.M., Winnebago County, Iowa.

MARLEN L. AND KAREN L. HANSON

A tract of land located in part of Lot Fourteen (14) in the Subdivision of the East Half (E ½) of Section Thirty-six (36), Township Ninety-eight (98) North, Range Twenty-four (24) West of the 5th P.M., Winnebago County, Iowa, described as follows: The West 245 feet of the North 115.5 feet of said Lot 14.




LINDA JORDAHL

The North One Hundred Fifty-five (155) feet of the West Two Hundred Sixty-four (264) feet of Lot Twelve (12) in the Subdivision of the East Half (E ½) of Section Thirty-six (36) in Township Ninety-eight (98) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Winnebago County, Iowa.

ROBERT AND SHARON EAMES

Lot Nine (9) in the Subdivision of the East Half (E ½) of Section Thirty-six (36), Township Ninety-eight (98) North, Range Twenty-four (24) West of the 5th P.M., Winnebago County, Iowa, except a tract of land One Hundred Eighty-three (183) feet North and South by One Hundred Eighty (180) feet East and West in the Northwest corner of said Lot 9.

CHARLES G. & PATRICIA S. BOLINGER

The North One Hundred Eighty-three (183) feet of the West One Hundred Eighty (180) feet of Lot Nine (9) in the Subdivision of the East Half (E ½) of Section Thirty-six (36) in Township Ninety-eight (98) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Winnebago County, Iowa.

SETH AND JOSI THOMPSON

The South Two Hundred Nineteen point seventy-eight (219.78) feet of the West Two Hundred Twenty-three point eight (223.8) feet of Lot Sixteen (16) in the Subdivision of the East Half (E ½) of Section Thirty-six (36), Township Ninety-eight (98) North, Range Twenty-four (24) West of the Fifth Principal Meridian, Winnebago County, Iowa EXCEPT the South One Hundred Thirteen (113) feet of the West One Hundred Forty-eight point eight (148.8) feet of said Lot 16.

STEVEN T. AND CARI A. LILLQUIST

The South 113.0 feet of the West 148.8 feet of Lot Sixteen (16) in the Subdivision of the East Half (E ½) of Section Thirty-six (36), Township Ninety-eight (98) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Winnebago County, Iowa.

ROGER A. TORKELSON

The West 73 feet of the East 211 feet of the South 13-1/3 rods of Lot Sixteen (16) in the Subdivision of the East one-half (E ½) of Section Thirty-six (36), Township Ninety-eight (98) North, Range Twenty-four (24) West of the 5th P.M. AND the West four (4) rods of the South Half (S ½) of Block Nine (9), Forest City, Winnebago County, Iowa.

SANDRA HUGELENLot Seventeen (17) in the Subdivision of the East Half (E ½) of Section Thirty-six (36), Township Ninety-eight (98) North, Range Twenty-four (24) West of the Fifth P.M., Forest City, Winnebago County, Iowa, except the South 178 feet of the West 323.07 feet thereof.

BARBARA E. HOWIESON

Tract “B” in Lot Seventeen (17) in the Southeast Quarter (SE ¼) of Section Thirty-six (36), Township Ninety-eight (98) North, Range Twenty-four (24) West of the 5th P.M., Winnebago County, Iowa, more particularly described as: The South One Hundred Seventy-eight (178) feet of the West One Hundred Seventy-eight and Seven Hundredths (178.07) feet of Lot Seventeen (17) of said Southeast Quarter (SE ¼) of Section 36, and containing 0.73 acres, more or less.




STEVEN CRAIG HAUGEN, JR., AND JEFFREY WILLIAM

HAUGEN

The North Ten (10) Rods of Lot Sixteen (16), in Subdivision of the East Half (E ½) of Section Thirty-six (36), Township Ninety-eight (98) North, Range Twenty-four (24), West of the 5th P.M., Winnebago County, Iowa.

JAKE T. AND LYDIA L. THOMPSON

A tract of land described as beginning at the Southwest Corner of Lot Fifteen (15) in the Subdivision of the East Half (E ½) of Section Thirty-six (36), Township Ninety-eight (98) North, Range Twenty-four (24), West of the fifth Principal Meridian, Winnebago County, Iowa, which is on the North and South line and 549.78 feet North of the South Quarter Corner of said Section 36, thence North 66 feet, thence East 200 feet, thence South 66 feet to the South line of Lot 15, thence West 200 feet to the place of beginning.

BENJAMIN A. AND NICOLE FOLLMAN

A tract of land described as beginning at a point 66 feet North of the Southwest corner of Lot Fifteen (15), in Subdivision of the East Half (E ½) of Section Thirty-six (36) in Township Ninety-eight (98) North, Range Twenty-four (24) West of the Fifth Principal Meridian, Winnebago County, Iowa, which is on the North and South line and 615.78 feet North of the South Quarter corner of said Section 36, thence North 66 feet, thence East 200 feet, thence South 66 feet, thence West 200 feet to the place of beginning.

CITY OF FOREST CITY, IOWA

The South Half (S ½) of the Southwest Quarter (SW ¼) East of the centerline of the Winnebago River formerly known as Lime Creek all in Section Thirty-six (36), Township Ninety-eight (98) North, Range Twenty-four (24) West of the Fifth Principal Meridian, Winnebago County, Iowa EXCEPT the East 995.7 feet of the South 33 feet of the Southwest Quarter (SW ¼) all lying East of Center of Winnebago River.

DENNIS M. SCHOENWETTER AND DONNA G.

SCHOENWETTER

The South One Hundred Fifty-eight and one-half (158.5) feet of the West Two Hundred Sixty-four (264) feet of Lot Twelve (12) in the Subdivision of the East Half (E ½) of Section Thirty-six (36), in Township Ninety-eight (98) North, Range Twenty-four (24), West of the 5th P.M., Winnebago County, Iowa, subject to road.

LEE VANG AND DARLA B. VANG

Lot Fourteen (14) of the Subdivision of the East Half (E ½) of Section Thirty-six (36), Township Ninety-eight (98) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Winnebago County, Iowa; EXCEPT the South 181.5 feet of the West 245 feet; AND EXCEPT the North 16.5 feet of the West 245 feet.

ERIC D. AND SHELLY L. KINGLAND

Part of Lot Twelve (12) in the Subdivision of the East Half (E ½) of Section Thirty-six (36), Township Ninety-eight (98) North, Range Twenty-four (24) West of the Fifth Principal Meridian, Winnebago County, Iowa, described as follows: The East 165.0 feet of the West 429.0 feet of said Lot 12.




ESTATE OF DORIS HOVDA; MARYANN J.

LUND AND THEODORE JAMES

HOVDA, EXECUTORS

Lot Twelve (12) in the Subdivision of the East Half (E ½) of Section Thirty-six (36) in Township Ninety-eight (98) North, Range Twenty-four (24) West of the 5th P.M., Winnebago County, Iowa, save and except a parcel of land carved out of the above and more fully described as follows: Commencing at a point in the Center of Highway at the Northwest corner of said Lot 12; thence East 264 feet, along said North line of said Lot to an Iron Stake; thence directly South 330 feet to another Iron Stake; thence West 264 feet to center of said highway; thence North 330 feet to place of beginning.

MICHAEL L. AND SARA E. KORTHALS

The North 2 Chains and 47 Links of Lot Fifteen (15) in the Subdivision of the East Half ( E ½) of Section Thirty-six (36), in Township Ninety-eight (98) North, Range Twenty-four (24), West of the Fifth Principal Meridian, Winnebago County, Iowa, EXCEPT the South 84.52 feet of the West 253.25 feet thereof.

STEVEN AND PATRICIA LOVIK

A tract of land described as commencing Thirteen and One-third (13 1/3) rods North of the Southwest Corner of Lot Sixteen (16), in the Subdivision of the East Half (E ½) of Section Thirty-six (36), Township Ninety-eight (98) North, Range Twenty-four (24) West of the 5th P.M., City of Forest City, Winnebago County, Iowa, running thence North Ten (10) rods; thence East Thirty-one (31) rods and Three and one-half (3 ½) feet; thence South Ten (10) rods; thence East Thirty-one (31) rods and Three and one-half (3 ½) feet to the place of beginning.

DONALD D. AND KATHRYN M. OLSON

A tract of land described as commencing Two Hundred Eleven (211) feet West of the Southeast corner of Lot Sixteen (16) in the Subdivision of the East Half (E ½) of Section Thirty-six (36) in Township Ninety-eight (98) North, Range Twenty-four (24) West of the Fifth P.M., Winnebago County, Iowa, running thence North Thirteen and one-third (13 1/3) rods; thence West Eighty (80) feet; thence South Thirteen and one-third (13 1/3) Rods; thence East Eighty (80) feet to the place of beginning.

102.02 COST OF THE PROJECT. The portion of the construction cost attributable to the project is $1,052,790, the portion of the engineering attributable to the project is $149,700, and the portion of legal attributable to the project is $7,500 for a total cost of the project of $1,052,790, for a total possible assessable portion of the project of $1,052,790. The City hereby determines the total assessment per benefited property which will be served by connecting to the City Sanitary System shall be $3,500.

102.03 CONNECTION OF EXISTING STRUCTURES. If there is an existing structure or house on the property within the City limits of Forest City, Iowa, which has sewage, as defined in 95.02(17) of the 2007 Code of Ordinances, City of Forest City, said property hereto effected must connect to the sanitary sewer system pursuant to Section 95.05 of the 2007 Code of Ordinances, City of Forest City, and the terms of this chapter. In addition, the property owner will be required to pay the permit fee required in Section 96.01(4)(A) of the 2007 Code of Ordinances, City of Forest City.



102.04 CONNECTION OF FUTURE STRUCTURES. Any property which does not have any structures on it at the time of the passage of this chapter shall be required to pay the hook-up fee at the time the structure with sewage, as defined in 95.02(17) of the 2007 Code of Ordinances, City of Forest City, is built upon the property. In addition, the property owner will be required to pay the permit fee required in Section 96.01(4)(A) of the 2007 Code of Ordinances, City of Forest City.

102.05 SEWER CONNECTION FEE. There is hereby established a sewer connection fee schedule of $3,500. Any costs associated with the extension to the applicable property from the existing sewer pipe will be the responsibility of the property owner.

102.06 PAYMENT SCHEDULE.1. New Construction. In the case of new construction, the above referred to connection fees of $3,500 will be due and payable when a utility connection application is filed with the City, and the permit fee required in Section 96.01(4)(A) of the 2007 Code of Ordinances, City of Forest City is paid.

2. Existing Structures without proper certification. Any existing structures which do not have a current septic system certified by the Winnebago/Hancock County Department of Health located in the East Forest City Municipal Sanitary Sewer District must be hooked up to the sanitary sewer system by August 1, 2013. The permit fee required in Section 96.01(4)(A) of the 2007 Code of Ordinances, City of Forest City, shall also be paid with the utility connection application. For those existing structures located in the East Forest City Municipal Sanitary Sewer District which do not have a current septic system certified by the Winnebago/Hancock County Department of Health, the property owners, at their option, shall have the right to pay the above referred to connection fee in 5 equal installments. The first installment shall be due and payable on the first day of July, 2014, and be delinquent on the 1 st

day of October; the remaining four payments shall be due and payable on the first day of July of the year following, and each succeeding year until paid in full. All payments shall be delinquent on the first day of October of the fiscal year. Any unpaid balances shall bear interest at the rate of 3.25%, said interest to commence on the 1st day of July, 2013.

3. Existing Structures with proper certification. Any existing structures located in the East Forest City Municipal Sanitary Sewer District which have a current septic system certified by the Winnebago/Hancock County Department of Health, may postpone hooking up to the sanitary sewer system for a period up to and including June 1, 2016. The following conditions shall apply to existing structures located in the East Forest City Municipal Sanitary Sewer District which have a current septic system certified by the Winnebago/Hancock County Department of Health:

A. Property owners, at their option, shall have the right to pay the above referred to connection fee in 5 equal installments subsequent to the connection to the sewer system.

B. The first installment shall be due and payable on the first day of July, subsequent to the connection to the sewer system and be delinquent on the 1st day of October, subsequent to the connection to the sewer system and the remaining four payments shall be due and payable on the first day of July of the year following, and each succeeding year until paid in full. All payments shall be delinquent on the first day of October of the fiscal year. Any unpaid balances shall bear interest at the rate of 3.25%, said interest to commence on the 1 st day of July subsequent to the connection to the sewer system.

102.07 CERTIFICATION OF ORDINANCE. The City Clerk is hereby directed to certify Ordinance No. 734 and record the same in the office of the County Recorder of



Hancock County, Iowa. After such recordation, any unpaid balances shall be a lien on the property.

102.08 COLLECTION OF FEES. All fees collected herein shall be paid to the City Treasurer, and shall only be used for the purpose of operating the sanitary sewer utility, or to pay the debt service on obligations issued to finance the sanitary improvement and/or extensions portion of the project.

102.09 CHECK VALVES. Any property which connects to the sanitary sewer system shall install check valves on the sanitary sewer service connection line.

(Ch. 102 – Ord. 734 – Mar. 13 Supp.)



CHAPTER 105

SOLID WASTE CONTROL105.01 Purpose 105.07 Open Dumping Prohibited105.02 Definitions 105.08 Toxic and Hazardous Waste105.03 Sanitary Disposal Required 105.09 Waste Storage Containers105.04 Health and Fire Hazard 105.10 Prohibited Practices105.05 Air Pollution 105.11 Sanitary Disposal Project Designated105.06 Littering Prohibited

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

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

1. “Air contaminant” means any smoke, soot, fly ash, dust, cinder, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors, odorous substances, toxic substances, radioactive substances, waste matter, particulate matter or any other material which by its presence in the atmosphere may constitute air pollution, excluding uncombined water.

2. “Air pollution” means the presence in the outdoor atmosphere of one or more air contaminants or combinations thereof in such quantities and of such duration that they are or may tend to be injurious to human, plant or animal life, or unreasonably interfere with the enjoyment of life, property or the conduct of business.

3. “Approved incinerator” means equipment or facilities for the enclosed burning of refuse having a stack adequate to maintain a draft sufficient for efficient combustion and equipped with a screen sufficiently fine to prevent ejection of particles of burning materials as acceptable to the Environmental Protection Commission.

4. “Chimney” or “stack” means any flue, conduit or duct permitting the discharge or passage of air contaminants into the open air, or constructed or arranged for this purpose.

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

6. “Discard” means to place, cause to be placed, throw, deposit or drop. (Code of Iowa, Sec. 455B.361)

7. “Dust” means solid particles released into the air by natural forces or by mechanical processes.

8. “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.

9. “Emission” means a discharge or release into the atmosphere of any air contaminant or any substance which by chemical reaction may become an air contaminant.

10. “Fly ash” means suspended particles, charred paper, dust, soot or other partially incinerated or burned matter carried in the products of combustible refuse.


CHAPTER 105 SOLID WASTE CONTROL

11. “Fumes” means solid particles generated by the condensation of vapors or gases that are of such character as to create an unclean, unhealthy or an offensive condition when airborne.

12. “Garbage” means all solid and semisolid, putrescible animal and vegetable wastes 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 shall include all such substances from all public and private establishments and from all residences.

(IAC, 567-100.2)

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

(IAC, 567-20.2[455B])

14. “Litter” means any garbage, rubbish, trash, refuse, waste materials or debris. (Code of Iowa, Sec. 455B.361[1])

15. “Odor” means that property of an air contaminant detectable by the sense of smell.

16. “Open burning” means any burning of combustible materials where the products of combustion are emitted into the open air without passing through a chimney or stack.

(IAC, 567-100.2)

17. “Open dumping” means the depositing of solid wastes on the surface of the ground or into a body or stream of water.

(IAC, 567-100.2)

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

19. “Particulate matter” means material which is or has been suspended in air or other gases and is a liquid or solid at standard conditions of temperature (68ºF.) and pressure (14.7 pounds per square inch absolute).

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

(IAC, 567-100.2)

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

22. “Residential waste” means any refuse generated on the premises as a result of residential activities. The term includes landscape wastes grown on the premises or deposited thereon by the elements, but excludes garbage, tires and trade wastes.

(IAC, 567-20.2[455B])

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

(IAC, 567-100.2)



24. “Salvage operations” means any business, industry or trade engaged wholly or in part in salvaging or reclaiming any project or material, including (but not limited to) chemicals, drums, metals, motor vehicles or shipping containers.

25. “Sanitary disposal” means a method of treating solid waste so that it does not produce a hazard to the public health or safety or create a nuisance.

(IAC, 567-100.2)

26. “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.


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


28. “Toxic and hazardous wastes” means waste materials, including but not limited to poisons, pesticides, herbicides, acids, caustics, pathological wastes, flammable or explosive materials and similar harmful wastes which require special handling and which must be disposed of in such a manner as to conserve the environment and protect the public health and safety.

(IAC, 567-100.2)

29. “Trade waste” means all solid or liquid material or rubbish resulting from building operations, construction or the conduct of any business, industry or trade, including (but not limited to) chemicals, cinders, grease, paint, plastic products and other forms of liquid or solid waste materials.

30. “Yard waste” means any debris such as grass clippings, leaves, garden waste, brush and trees. Yard waste does not include tree stumps.

105.03 SANITARY DISPOSAL REQUIRED. It is the duty of each owner to provide for the sanitary disposal of all refuse accumulating on said 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 of this Code of Ordinances 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 AIR POLLUTION.

1. Open Burning Restricted. No person shall allow, cause or permit open burning of combustible materials, including trade wastes, nor shall any person conduct a salvage operation by open burning, except that the following shall be permitted:

(IAC, 567-23.2[455B])



A. 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.

(IAC, 567-23.2[3a])

B. 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])

C. 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])

D. Landscape Waste. The disposal by open burning of landscape waste originating on the premises between April 1 and June 1 of any year and between October 1 and December 1 of any year, between the hours of 12:00 noon and 7:00 p.m. 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.

(IAC, 567-23.2[3d])

E. 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.

(IAC, 567-23.2[3e])

F. 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.

(IAC, 567-23.2[3g])

G. 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.

(IAC, 567-23.2[3j])

2. 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])

3. Incinerators. Equipment or facilities for the enclosed burning of refuse shall have a stack adequate to maintain a draft sufficient for efficient combustion and the stack shall have a screen sufficiently fine to prevent emission of particles of burning material. Such equipment or facilities shall not be installed until approved by the Council and shall be maintained and operated so that no air pollution shall result, in accordance with State law and rules on air contaminants.



4. Enforcement. When the City has reason to believe that a violation of this section has occurred, it may enter into informal negotiations to resolve the problem. If, after a reasonable period of time, such negotiations have failed to resolve the problem, the City may cause written notice to be served upon the alleged violator in the manner provided for the abatement of nuisances in accordance with the provisions of Chapter 50 of this Code of Ordinance. Such notice shall become a final order unless the person named therein requests in writing a hearing before the Council. In lieu of such order, the Council may require that the alleged violator appear before the Council for a public hearing at the time and place specified in the notice, not less than ten (10) days after service of such notice, to answer the charges complained of, or the Council may institute action to abate the nuisance as provided in Chapter 50.

105.06 LITTERING PROHIBITED. No person shall discard any litter onto or in any water or land, except that nothing in this section shall be construed to affect the authorized collection and discarding of such litter in or on areas or receptacles provided for such purpose. When litter is discarded from a motor vehicle, the driver of the motor vehicle shall be responsible for the act in any case where doubt exists as to which occupant of the motor vehicle actually discarded the litter.


105.07 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)

105.08 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.

(IAC, 567-100.2) (IAC, 567-102.13[2] and 400-27.14[2])

105.09 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 Specification. Waste storage containers shall comply with the following specifications:

A. Residential. Residential waste containers shall be of not less than fifteen (15) gallons or more than thirty-three (33) gallons in nominal capacity; shall be leak proof, water proof and fitted with a fly tight lid which shall be kept in place except when depositing or removing the contents thereof. They shall have handles, bails or other suitable lifting devices or features and be of a type originally manufactured for the storage of residential waste with tapered sides for easy emptying. They shall be of light weight and sturdy construction with the total weight of any individual containers and contents not exceeding forty (40) pounds. Galvanized metal containers, rubber or fiberglass containers and plastic containers which do not become brittle



in cold weather may be used. Disposable containers or other containers as approved by the City may also be used.

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

2. Location 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 shall have 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.

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

105.10 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.

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. Radioactive Material. Dispose of radioactive material in a sanitary disposal project. Luminous timepieces are exempt.

5. 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.

6. Hours for Placing and Pickup of Garbage.

A. No person shall place garbage out for pickup prior to 5:00 p.m. the day before the scheduled pickup.

B. Except in emergency situations, the City shall not begin residential garbage pickup any earlier than 8:00 a.m.

(Ord. 719 – Nov. 11 Supp.)

105.11 SANITARY DISPOSAL PROJECT DESIGNATED. The sanitary landfill facilities operated by Landfill of North Iowa are hereby designated as the official “Public Sanitary Disposal Project” for the disposal of solid waste produced or originating within the City. By 28E Agreement, entered into on November 1, 1990, Forest City is a part of LFNIA Comprehensive Plan and all solid waste generated within City limits shall go to LFNIA.


CHAPTER 106

COLLECTION OF SOLID WASTE106.01 Collection Service 106.06 Separation of Yard Waste Required106.02 Collection Vehicles 106.07 Bulky Rubbish106.03 Loading 106.08 Right of Entry106.04 Frequency of Collection 106.09 Collection Fees106.05 Location of Containers 106.10 Lien for Nonpayment

106.01 COLLECTION SERVICE. The City shall provide for the collection of all solid waste except bulky rubbish as provided in Section 106.07 within the City, with the exception of Winnebago Industries and 3-M Company.

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 LOCATION OF CONTAINERS. Containers for the storage of solid waste awaiting collection shall be places outdoors at some easily accessible place by the owner or occupant of the property served.

106.06 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 accordance with the provisions of Section 105.05 of this Code of Ordinances or placed in acceptable containers and set out for collection.

106.07 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.

106.08 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.


CHAPTER 106 COLLECTION OF SOLID WASTE

106.09 COLLECTION FEES. The collection and disposal of solid waste as provided by this chapter are declared to be beneficial to the property served or eligible to be served and there shall be levied and collected fees therefor in accordance with the following:

(Goreham vs. Des Moines, 1970, 179 NW 2nd, 449)

1. Schedule of Fees. The monthly fees for solid waste collection and disposal service, used or available, are:

A. Residential Landfill Fee.......................................$ 4.12 (Ord. 737 – Dec. 13 Supp.)

B. Recycling..............................................................$ 2.27 (Ord. 689 – Apr. 09 Supp.)

C. All households will dispose of solid waste, using solid waste containers of blue plastic bags. All bags will have the name of the City of Forest City on them. The City shall sell a variance of 15-19 and 33-gallon solid waste container plastic bags, for the collection and disposal of residential refuse and garbage. The City shall sell a variance of 15-19-gallon bags at a cost of $1.11 per bag, and 33-gallon bags at the cost of $1.391 per bag. In any event, the weight of the solid waste container plastic bags, when full, shall not exceed 40 pounds. The City of Forest City will also sell by the case, waste container plastic bags, a variance of 15-19-gallon bags at a cost of $273.00 per case, and 33-gallon bags at the cost of $273.00 per case.

(Ord. 748 – June 15 Supp.)

D. White Goods (stoves, washers, dryers, freezers, refrigerators, hot water heaters, furnaces, microwaves, dishwashers, etc.) – $17.94 for each appliance.

(Ord. 690 – Apr. 09 Supp.)

E. Special Pickups (carpet, chairs, mattresses, box springs, etc.) – $7.18.(Ord. 690 – Apr. 09 Supp.)

F. Dumpster Rental:Each dumpster, except shingles. $ 24.76 each dumpEach dumpster, with shingles.....$ 34.39 each dump

(Ord. 737 – Dec. 13 Supp.)

G. Tires: Car..............................................$ 5.98Truck..........................................$ 11.96Tractor........................................$ 23.92

(Ord. 690 – Apr. 09 Supp.)

H. Rates for commercial establishments, based on cubic yards picked up each month, are as follows:

Landfill Fee.............................................$ 3.58

Minimum up to 2 cubic yards..................$ 14.352 to 5 cubic yards.....................................$ 33.016 to 10 cubic yards...................................$ 74.27First 10 cubic yards.................................$ 88.04Over 10 cubic yards, per cubic yard........$ 4.13

All commercial establishments are allowed a five percent (5%) discount from the above rate if they are recyclable cardboard pursuant to City standards.

(Ord. 690 – Apr. 09 Supp.)

2. 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 92.04 of this Code of Ordinances. Solid waste collection service may be discontinued in accordance with the provisions contained in Section 92.05 if the combined service account becomes delinquent, and the provisions contained in Section 92.08 relating to lien notices shall also apply in the event of a delinquent account.

106.10 LIEN FOR NONPAYMENT. Except as provided for in Section 92.07 of this Code of Ordinances, 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.

(Ord. 729 – Sep. 12 Supp.)(Code of Iowa, Sec. 384.84)


CHAPTER 107

RECYCLING107.01 Definitions 107.06 Disposal107.02 Residential Recycling 107.07 Prohibited Materials107.03 Collections 107.08 Recycling Computer and Electronic Waste 107.04 Containers Required107.05 Scavenging Prohibited 107.09 Recycling Costs for Computers and Electronic

Waste

107.01 DEFINITIONS. For use in this chapter, the following words, terms and phrases are defined:

1. “Computer and electronic waste” means computer monitors, TVs, computers, keyboards, input devices, printers, scanners, video and surveillance cameras, fax machines, stereos, DVD players, VCRs, cordless phones and speakers.

2. “Dwelling unit” means one or more rooms within a structure which are arranged, designed or used as living quarters for one family.

3. “Family” means any number of persons living together in a room or rooms comprising a single household unit.

4. “Non-recyclable materials” means and includes solid waste, refuse, construction debris and other materials for which there are no appropriate existing recycling markets.

5. “Recyclable materials” means and includes aluminum cans and containers, tin cans, glass bottles and jars (made of clear, green or brown glass), plastic bottles and jugs, newspapers, junk mail, corrugated cardboard, and such materials as the City may by resolution designate or delete from time to time.

6. “Recycling” means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of the materials in a manner that precludes further use.

7. “Source separation” means the division or separation out from the main body, making distinguishable from, isolating or secluding.

107.02 RESIDENTIAL RECYCLING. Every person living in a dwelling unit within the City shall:

1. Separate recyclable materials from non-recyclable materials. All recyclable materials shall be placed in one container.

2. Empty, rinse clean and remove caps from all recyclable materials, and remove labels and lids from all tin cans.

3. Store such materials in a clean and sanitary manner.

4. Place all recyclable materials at the curb side by 7:00 a.m. on the designated day of pickup.

107.03 COLLECTIONS. Recyclable materials shall be made available for collection bimonthly and shall be collected by the collector designated by the City.


CHAPTER 107 RECYCLING

107.04 CONTAINERS. Recyclable materials shall be placed for collection in containers designated and labeled as recycling containers or by use of the appropriate recycling logo as designated by the City. The containers shall have a capacity of no less than 20 gallons or more than 30 gallons and shall be rubber or plastic, cylindrical in shape, and must have exterior handles and a lid. The maximum empty container weight shall not exceed 10 pounds. Said containers shall be yellow in color and shall be purchased from the City. Only containers purchased from the City shall be used.

1. All persons shall maintain the recycling containers in a sanitary condition and shall replace lost or damaged containers at their own expense within ten (10) days of receiving written notice to do so from the collector of recyclable materials.

2. No person shall place yard waste or any other non-recyclable materials in a recycling container.

3. The containers shall become a fixture and a part of the real estate upon which the dwelling unit is located, and shall be sold and/or transferred with said real estate upon which the dwelling unit is located, and shall not be removed from the site of the dwelling unit except for repair and replacement.

107.05 SCAVENGING PROHIBITED. Ownership of recyclable materials placed for collection shall be vested in the collector designated by the City. No person other than the collector shall take or collect any recyclable materials placed for collection. Nothing in this section shall preclude a person from disposing of recyclable materials with commercial recyclers or salvage yards. This section does not preclude all persons other than the collector designated by the City from conducting drives for the collection of recyclable materials.

107.06 DISPOSAL. Recyclable materials collected within the City shall not be burned or deposited in any landfill except with the express, written consent of the City, nor shall they be otherwise disposed of in any way or manner which is contrary to applicable law, statute, ordinance, rule or regulation.

107.07 PROHIBITED MATERIALS. No person within the City shall dispose of appliances, used oil, batteries, yard waste (as defined in Section 105.02), tires, hypodermic needles and syringes, liquid paint and household hazardous materials except in the manner described herein:

1. Yard waste must be disposed of as required in Chapter 105.

2. All other materials described in this section shall be disposed of pursuant to the rules established by the City.

107.08 RECYCLING COMPUTERS AND ELECTRONIC WASTE REQUIRED. Every person living in a dwelling unit or using a commercial business within the City shall recycle computer and electronic waste and anyone who fails to recycle computer or electronic waste shall be guilty of a simple misdemeanor.

107.09 RECYCLING COSTS FOR COMPUTERS AND ELECTRONIC WASTE. The fee for recycling computer monitors, televisions or copying machines is $17.25 each. The price for recycling a printer will be $6.90 each. All other listed electronics shall be recycled at no cost. In the event that the entire contents of a pickup truck, trailer or dump truck is made up of computers and electronic waste, the same shall be priced at a premium price of $0.25 per pound.


CHAPTER 110

NATURAL GAS FRANCHISE 110.01 Franchise Granted 110.06 Extension of Company Facilities110.02 Term 110.07 Relocation of Company Facilities110.03 Rules and Regulations 110.08 Confidential Information110.04 Construction 110.09 Force Majeure110.05 Maintenance 110.10 Hold Harmless

110.01 FRANCHISE GRANTED. The City hereby grants a nonexclusive franchise to Aquila (hereinafter called “Grantee”), its lessees, successors and assigns. Grantee is hereby granted the right, privilege, franchise, permission and authority to construct, maintain, operate and extend in the present and future streets, alleys, avenues, bridges, public rights-of-way and public places as are now within the present or future limits of the City, a natural gas distribution system for the purpose of supplying natural gas or processed gas for all purposes to the inhabitants of the City and consumers in the vicinity thereof, and for the distribution of natural gas from or through the City to points beyond the limits thereof. The City further grants Grantee the right, permission and authority to lay, install, maintain and operate over, across and along all of the streets, avenues, alleys, bridges, public rights-of-way and public places of the City all mains, services, pipes, conduits and appliances necessary or convenient for transmitting, transporting, distributing and supplying natural gas for all purposes for which it may be used, and to do all other things necessary and proper in providing natural gas service to the inhabitants of the City and in carrying on such business.

110.02 TERM. The rights and privileges granted by this franchise shall remain in effect for a period of twenty-five (25) years from and after the effective date of the ordinance codified by this chapter. †

110.03 RULES AND REGULATIONS. This franchise is granted subject to all conditions, limitations and immunities now provided for, or as hereafter amended, and applicable to the operations of a public utility, by the laws of the State. The rates to be charged by Grantee for service within the present or future corporate limits of the City and the rules and regulations regarding the character, quality and standards of service to be furnished by Grantee shall be under the jurisdiction and control of such regulatory body or bodies as may, from time to time, be vested by law with authority and jurisdiction over the rates, regulations and quality and standards of service to be supplied by Grantee. Provided, however, should any judicial, regulatory or legislative body, having proper jurisdiction, take any action that precludes Grantee from recovering from its customers any cost associated with services provided hereunder, then Grantee and the City shall renegotiate the terms of this franchise in accordance with the action taken so as to allow Grantee to be made whole economically. In determining the rights and duties of the Grantee, the terms of this chapter shall take precedence over any conflicting terms or requirements contained in any other ordinance enacted by the City.

110.04 CONSTRUCTION. Any pavements, sidewalks or curbing taken up and any and all excavations made shall be done in such a manner as to cause only such inconvenience to the

† EDITOR’S NOTE: Ordinance No.588, granting a natural gas franchise for the City, was passed and adopted on June 5, 2000.


CHAPTER 110 NATURAL GAS FRANCHISE

inhabitants of the City and to the general public as is reasonably necessary; and repairs and replacements shall be made promptly by Grantee, leaving such properties in as good a condition as existed immediately prior to excavation.

110.05 MAINTENANCE. Grantee agrees that for the term of this grant, it will use its best efforts to maintain facilities and equipment sufficient to meet the current and future energy requirements of the City, its inhabitants and industries. While maintaining its facilities and equipment, Grantee shall obtain permits as required by ordinance, except that in emergency situations, Grantee shall take immediate unilateral actions as it determines are necessary to protect the public health, safety and welfare; in which case, Grantee shall notify the City as soon as reasonably possible.

110.06 EXTENSION OF COMPANY FACILITIES. Upon receipt and acceptance of a valid application for service, Grantee shall, subject to its own economic feasibility criteria, make reasonable extensions of its distribution facilities to serve customers located within the current or future corporate limits of the City. No obligation shall extend to, or be binding upon, Grantee to extend its facilities if Grantee is, for any reason, unable to obtain and deliver an adequate energy supply.

110.07 RELOCATION OF COMPANY FACILITIES. If the City elects to change the grade of or otherwise alter any street, alley, avenue, bridge, public right-of-way or public place for a public purpose, Grantee, upon reasonable notice from the City, shall remove and relocate its facilities or equipment situated in the public rights-of-way, if such removal is necessary to prevent interference and not merely for the convenience of the City, at the cost and expense of Grantee. If the City orders or requests Grantee to relocate its facilities or equipment primarily for non-public purposes or the primary benefit of a commercial or private project, or as a result of the initial request of a commercial or private developer or other non-public entity, and such removal is necessary to prevent interference and not merely for the convenience of the City or other right-of-way user, Grantee shall receive reimbursement for the cost of such relocation as a precondition to relocating its facilities or equipment. The City shall consider reasonable alternatives in designing its public works projects so as not arbitrarily to cause Grantee unreasonable additional expense in exercising its authority under this section. The City shall also provide a reasonable alternative location for Grantee’s facilities.

110.08 CONFIDENTIAL INFORMATION. The City acknowledges that certain information it might request pursuant to this franchise may be of a proprietary and confidential nature. If Grantee requests that any information provided by Grantee to the City be kept confidential due to such proprietary or commercial value, the City and its employees, agents and representatives shall maintain the confidentiality of that information. If the City is requested or required by legal or administrative process to disclose any such confidential information, the City shall promptly notify Grantee of such request or requirement so that Grantee may seek an appropriate protective order or other relief. The City shall use all reasonable efforts to ensure that the confidentiality of Grantee’s confidential information is maintained.

110.09 FORCE MAJEURE. It shall not be a breach or default under this franchise if either party fails to perform its obligations hereunder due to Force Majeure. Force Majeure shall include, but not be limited to, the following: (1) physical events such as acts of God, landslides, lightning, earthquakes, fires, freezing, storms, floods, washouts, explosions, breakage or accident or necessity of repairs to machinery, equipment or distribution or



transmission lines; (2) acts of others such as strikes, work-force stoppages, riots, sabotage, insurrections or wars; (3) governmental actions such as necessity for compliance with any court order, law, statute, ordinance, executive order or regulation promulgated by a governmental authority having jurisdiction; and any other causes, whether of the kind herein enumerated or otherwise not reasonably within the control of the affected party to prevent or overcome. Each party shall make reasonable efforts to avoid Force Majeure and to resolve such event as promptly as reasonably possible once it occurs in order to resume performance; provided, however, that this provision shall not obligate a party to settle any labor strike.

110.10 HOLD HARMLESS. Grantee, during the term of this franchise, agrees to save harmless the City from and against all claims, demands, losses and expenses arising out of the negligence of Grantee, its employees or agents, in the constructing, operating and maintaining of distribution and transmission facilities or appliances of Grantee; provided, however, that Grantee need not save harmless the City from claims, demands, losses and expenses arising out of the negligence of the City, its employees or agents.


CHAPTER 111

ELECTRIC UTILITY111.01 ISCC Electric Tariff No. 1 111.07 Normal Installation Furnished by Electric Utility111.02 Rate Schedule 111.08 Readings of Two or More Meters111.03 Sales Tax 111.09 Meter Deposit111.04 Fuel and Purchased Power Cost Adjustment 111.10 Different Rates and Terms Prohibited111.05 Late Payment Fee 111.11 Readings to Be Placed on Bill111.06 Utility Deposit 111.12 Net Metering Policy and Rates

111.01 ISCC ELECTRIC TARIFF NO. 1. The Forest City Municipal Utility ISCC Electric Tariff No. 1, placed by Resolution No. 75-76-14, on October 20, 1975, in the office of the Clerk, and a duplicate copy of the tariff sent to the State Utilities Board for review and inspection and approval, which was granted, is adopted as the official ISCC Electric Tariff No. 1 of the Forest City Municipal Utility. The tariff is adopted by reference and shall constitute the rules and regulations governing the utility.

111.02 RATE SCHEDULE. The rates for electric service are as follows:

1. Residential.

Applicable to: Residential customers for all domestic uses in single-family dwellings and individually metered apartments within the service territory of the City of Forest City Municipal Electric Utility, including use of motors of not more than 5 horsepower individual capacity. This schedule also applies to all rural residential customers.

Monthly Rate:

Customer Charge (no kWh) $6.50 per meterPlus

Energy Charge—All kWh @ 9.7 cents per kWh

2. Small Commercial Services.

Applicable to: Any commercial, industrial, city or farm load within the service territory of the Forest City Municipal Electrical Utility, for all purposes, where the monthly consumption is less than 5,000 kWh.

Service Available: Single-phase, 60 hertz, 120/240 volt, 400 amp max., 3-wire, single meter; or three-phase, 60 hertz, 240/120 V, 208Y/120 V, or 480Y/277 V, 4-wire, single meter.

Monthly Rate:



3. Large Commercial Service.

Applicable to: Any commercial, industrial, city, or farm load within the Forest City Municipal Electric Utility service territory, for all purposes, where


CHAPTER 111 ELECTRIC UTILITY

the monthly consumption is more than 5000 kWh and the demand is less than 1000 kWh.

Service Available: 60 hertz, three-phase, 240/120 V, 208Y/120 V, or 480Y/277 V, 4-wire, or standard primary voltage available at point of delivery. Special voltages may be provided at the discretion of the utility. Utility furnishes only one transformer bank and/or one meter.

Monthly Rate:


Energy Charge—All kWh @ 5.2 cents per kWhPlus

Demand Charge—All KW @ $8.80 per KW

Metered Demand: The metered demand for any month shall be the maximum kilowatt demand established by the customer for any thirty-minute interval during the month as indicated or recorded by a demand meter.

Power Factor Adjustment: If the customer’s average monthly power factor falls below 90%, leading or lagging, the utility may adjust the metered demand by the ratio of 90% to the measured average monthly factor in percent. Example:

Metered Demand = 739 KWAverage Monthly Power Factor = 73.0%Ratio = 90/73 = 1.2329Adjusted Demand = (739)(1.2329) = 911 KW

Adjusted Demand: The adjusted demand consists of the metered demand adjusted for power factor, if applicable.Billing Demand: The billing demand shall be the maximum measured thirty-minute integrated demand in the billing month, but not less than ninety percent (90%) of the maximum thirty-minute demand established in the three preceding summer months, or not less than seventy-five percent (75%) of the maximum thirty-minute demand established in the seven preceding non-summer months. The summer months are defined as the period of use May 15 through September 15 (July through October billing months).Primary Metering: The utility will furnish and install primary metering when service is taken by the customer and metered at primary voltage. The customer owns and installs all necessary primary and transformers beyond point of service. A 2% discount will apply to demand and energy charges to allow for losses and investment return.

If service is taken at primary voltage (that is, customer owns primary and transformers) and metered at secondary voltage, a 1% discount will apply to demand and energy charges to allow for investment return.Measurement of Demand and Energy: When there are two or more demand and energy metering installations on the customer’s premises, the metered quantities shall be determined by adding together the separate meter readings before application of the rate, unless special provisions are agreed to by the utility. At the customer’s request, and at the customer’s expense, and at the



Utility’s discretion, the Utility may install special metering that will allow coincident demand billing.

4. Industrial Service.

Applicable to: Any commercial, industrial, city, or farm load within the Forest City Municipal Electric Utility service territory, for all purposes, where the monthly demand is more than 1000 kW.

Service Available: 60 hertz, three-phase, 240/120 V, 208Y/120 V, or 480Y/277 V, 4-wire, or standard primary voltage available at point of delivery. Special voltages may be provided at the discretion of the utility. Utility furnishes only one transformer bank and/or one meter.

Monthly Rate:

Customer Charge $285.00 per customerPlus

Energy Charge—All kWh @ 5.2 cents per kWhPlus

Demand Charge—All KW @ $11.95 per KW

Metered Demand: The metered demand for any month shall be the maximum kilowatt demand established by the customer for any thirty-minute interval during the month as indicated or recorded by a demand meter.

Power Factor Adjustment: If the customer’s average monthly power factor falls below 90%, leading or lagging, the utility may adjust the metered demand by the ratio of 90% to the measured average monthly power factor in percent. Example:

Metered Demand = 739 KWAverage Monthly Power Factor = 73.0%Ratio = 90/73 = 1.2329Adjusted Demand = (739)(1.2329) = 911 KW

Adjusted Demand: The adjusted demand consists of the metered demand adjusted for power factor, if applicable.

Billing Demand: The billing demand shall be the maximum measured thirty-minute integrated demand in the billing month, but not less than ninety percent (90%) of the maximum thirty-minute demand established in the three preceding summer months, or not less than seventy-five percent (75%) of the maximum thirty-minute demand established in the seven preceding non-summer months. The summer months are defined as the period of use from May 15 through September 15 (July through October billing months).

Primary Metering: The utility will furnish and install primary metering when service is taken by the customer and metered at primary voltage. The customer owns and installs all necessary primary and transformers beyond point of service. A 2% discount shall apply to demand and energy charges to allow for losses and investment return.

If service is taken at primary voltage (that is, customer owns primary and transformers) and metered at secondary voltage, a 1% discount will apply to demand and energy charges to allow for investment return.



Measurement of Demand and Energy: When there are two or more demand and energy metering installations on the customer’s premises, the metered quantities shall be determined by adding together the separate meter readings before application of the rate, unless special provisions are agreed to by the utility. At the customer’s request, and at the customer’s expense, and at the Utility’s discretion, the Utility may install special metering that will allow coincident demand billing.

5. Street Lighting. Applicable to: All street lighting for which single-phase 120 or 240 volt service is provided by Forest City Municipal Electric Utility.Service Available: Single-phase, 60 hertz, 120/240 volt.Monthly Rate:


6. Public Authorities.

Applicable to: Any load owned by the City of Forest City, with service at any voltage, where service is provided by Forest City Municipal Electric Utility.

Service Available: Any available voltage.

Monthly Rate:



7. Eliminated by Ord. 754 – May 16 Supp.

(Sec. 111.02 - Ord. 754 – May 16 Supp.)

111.03 SALES TAX. Sales tax will be added to all bills for electrical service in compliance with the provisions of the laws of Iowa.

111.04 FUEL AND PURCHASED POWER COST ADJUSTMENT. Forest City Municipal Electric Utility may, at its discretion, implement a fuel and purchased power cost adjustment to compensate the City for variations in the cost of fuel for the generating plant or for purchased power. At the time the adjustment is implemented, the calculation used to arrive at the adjustment will be developed, and the adjustment will be applied to all kWh billed by the Forest City Municipal Electric Utility. (Ord. 717 – Apr. 11 Supp.)

111.05 LATE PAYMENT FEE. Customers’ monthly bills on all rates will be computed at the net rate and there will be added to the total bill a sum equal to one and one-half percent (1½%) of the total utility bill (for water, sewer, solid waste collection and electricity), which will be collected from customers who fail to pay the net bill on or before the 20th day of the month.

111.06 UTILITY DEPOSIT. There is required from every customer served a total deposit equal to a one-month high bill and which is intended to guarantee the payment of bills for water, sewer, solid waste collection and electric utility services.

111.07 NORMAL INSTALLATION FURNISHED BY ELECTRIC UTILITY. The municipal electric utility shall furnish, as a normal installation, adequate facilities to supply



and meter the energy and anticipated maximum thirty-minute demand of the customer. Each normal installation shall include facilities for one-three phase transformation. When the customer requires facilities in excess of normal installation, the electric department will provide such facilities at the customer’s expense with charges on a rental or lease basis. The City, at its option, may allow the customer to continue existing meters on other rates unless the customer elects at his or her own expense to alter wiring in order to receive all energy at demand meters, provided the City may permit meter readings to be combined for billing with respect to installations existing on the effective date of the ordinance codified in this chapter where deemed equitable by the Council.

111.08 READINGS OF TWO OR MORE METERS. Each transformer and metering installation shall be billed as a single customer; provided, however, where two or more meters are existing or required from one transformer bank, the metered quantities shall be combined for billing purposes. If the customer desires billing in such cases on the basis of the maximum thirty-minute coincident demand, the customer shall pay the extra cost of demand metering facilities required to meter coincident demands. Meter readings at two or more premises or from more than one transformer bank will not be combined for billing purposes.

111.09 METER DEPOSIT. A minimum deposit of twenty dollars ($20.00) may be charged and collected from each customer for each meter installed, which sum shall be held in trust as security for the payment of such electricity as may be used through said meter.

111.10 DIFFERENT RATES AND TERMS PROHIBITED. It is unlawful to sell any electric energy upon different or more favorable terms than those fixed in this chapter. All contracts between persons and customers for furnishing electric energy and especially contracts specifying terms or rates other than those enumerated in this chapter are hereby prohibited.

111.11 READINGS TO BE PLACED ON BILL. Present and previous meter readings, if ascertainable, must be placed on each bill rendered to customers.

111.12 NET METERING POLICY AND RATES. The City of Forest City shall allow individuals and businesses, who own real property located within City limits, to receive credit for privately generated electric loads supplied to the grid controlled by the Municipal Electric Utility. Any loads up to a maximum of 60 kWh, supplied from the owner’s property to the grid, shall be credited to the homeowner’s bill at the same rate as the owner is charged for power by the City. Prior to receiving Net Metering treatment, a property owner must comply with the applicable established Net Metering regulations and receive written permission from the City of Forest City. Any solar panels, wind mills, and other power generating structures must comply with all other applicable ordinances. (Ord. 750 – Oct. 15 Supp.)


CHAPTER 112

TELEPHONE FRANCHISE 112.01 Franchise Granted 112.05 Indemnification112.02 Location of Equipment 112.06 Nonexclusive112.03 Restoration of Property 112.07 Protection of Company112.04 Franchise Subject to City Ordinances

112.01 FRANCHISE GRANTED. Winnebago Coop Telephone Association, a corporation organized under the laws of the State of Iowa (the “Company”), its successors and assigns are hereby granted the right, privilege and authority for a term of twenty-five (25) years from and after the adoption, approval and final acceptance of the ordinance codified in this chapter † to construct, maintain and operate a telephone system within the present and future corporate limits of the City; and said Company, its successors and assigns are granted the right, privilege and authority to construct and install all necessary poles, towers, conduits, manholes, wires, cables, fixtures and apparatus over, across and under the right-of-way of the streets and alleys of the City and over and across any private lands therein, upon proper proceedings in eminent domain for the said period of time, and for said purposes upon the following terms and conditions.

112.02 LOCATION OF EQUIPMENT. All poles and fixtures erected, operated and maintained by the Company under and by virtue of this chapter shall be located, erected and maintained under the supervision and direction of the Council of the City and shall be so located so as not to permanently interfere with or obstruct the free public use of or travel over any street or alley, or permanently interfere with the repairs of same.

112.03 RESTORATION OF PROPERTY. After the placing of any cable, conduit or manhole, or the erection of any pole or fixture, or the removal of any such, the Company, at its own expense, shall restore the surface of the street, alley or sidewalk which was disturbed by it to the condition in which it was found. The work of restoring the street, alley or sidewalk as aforesaid, shall be done under the supervision of the Streets and Alleys Committee of the Council.

112.04 FRANCHISE SUBJECT TO CITY ORDINANCES. The franchise is granted subject to all ordinances now in force in the City and such other reasonable regulations by ordinances as may be enacted by the City.

112.05 INDEMNIFICATION. The Company shall hold the City free and harmless from any and all damages of every kind and character whatsoever caused by the construction, operation or maintenance of said telephone lines, fixtures and equipment.

112.06 NONEXCLUSIVE. Nothing in this chapter shall be construed as granting unto said Company an exclusive right or franchise for the use of said streets or alleys for said purposes or to prevent the grant of similar privileges to other individuals or corporations for like purposes.

† EDITOR’S NOTE: Ordinance No. 549, adopting a telephone franchise for the City, was passed and adopted on March 17, 1997.


CHAPTER 112 TELEPHONE FRANCHISE

112.07 PROTECTION OF COMPANY. The City shall pass such ordinances as the Council may deem necessary or advisable for the due, legal and complete protection of the Company in the enjoyment of all its rights and privileges granted to it by this chapter, and shall attach penalty of fine or imprisonment for interference with or damage to the property of the Company.


CHAPTER 113

CABLE TELEVISION FRANCHISE113.01 Grant of Franchise 113.04 Notice113.02 Terms of the Franchise 113.05 Equal Protection113.03 Assignment or Transfer

113.01 GRANT OF FRANCHISE. A nonexclusive right is hereby granted to Cablevision IV, Ltd. (hereinafter referred to as the “Grantee”), its successors and assigns, beginning September 18, 1995, to establish, construct, operate, maintain, repair, replace, renew, reconstruct and remove a cable system across public property in the City limits for a term of five (5) years†, in accordance with the laws and regulations of the United States of America and the State of Iowa and the ordinances and regulations of the City, including the nonexclusive right, privilege and authority:

1. To sell and supply audio and video communication service to persons within the City;

2. To use public property within the City;

3. To engage in such further activities within the City as may now or hereafter be consistent with the generally accepted principles applicable to the operation of a cable television system.

It is expressly agreed to by the City and Grantee that the franchise shall renew automatically for an additional 10 years in the event that all the terms and conditions of Section 113.02 are completed.

113.02 TERMS OF THE FRANCHISE. The grant of the franchise shall be on the following terms and conditions:

1. The Grantee shall comply with all terms and conditions of Chapter 115 of this Code of Ordinances.

2. The Grantee shall continue to provide one channel dedicated for public, educational and governmental access. The City shall be responsible for establishing rules and regulations pertaining to the administration of this access channel. Except where Federal and State law and the Grantee’s contractual obligations apply, Grantee will not move any PEG channel without a minimum of thirty days’ notice to the City’s Cable Commission.

3. The Grantee shall allow any customer within the City to block out one channel at no charge to the customer. Any additional channels blocked out may be assessed a one-time charge for the service.

4. All areas within the City not served by the Grantee shall be served within five years of the effective date of the franchise, service to said areas to be constructed at the rate of 20% per year. Any exception to this subsection shall be governed by Chapter 115 and any other pertinent sections thereof.

5. The City shall receive 1% of the gross service fees.

† EDITOR’S NOTE: Ordinance No. 543, adopting a cable television franchise for the City, was passed and adopted on October 21, 1996.


CHAPTER 113 CABLE TELEVISION FRANCHISE

6. Grantee shall provide, at no cost to either the City or customers of the Grantee, a channel for Waldorf College, Forest City, Iowa, when the current system is upgraded to 35 channels.

7. Grantee shall provide a copy of all reports required under 47 CFR Ch. 1, Section 76.403 and Section 76.611 filed with the Federal Communications Commission to the City.

8. It is expressly understood the Grantee herein shall upgrade the system located within the corporate area of the City to provide for a two-way communication capability system-wide with a minimum of 77 channel capacity. It is also expressly agreed by the Grantee that over and above any upgrade heretofore mentioned or any upgrade contemplated herein will include compression when available and as needed. This upgrade will be completed by December of 1999.

9. All educational channels, both current and future, will be upgraded with sufficient equipment to be able to transmit onto the system, said equipment will be provided only in the event of a system upgrade under subsection 8. This equipment includes a modulator or its equivalent, which is sufficient to transmit audio and video onto the system.

10. Grantee will provide cable service to each public building and school at no charge. In addition to the cable service, Grantee will provide a line to the building, one converter and one outlet.

11. If and when menu-based channel offerings are available in Mason City, Iowa, the same option for menu-based channel offerings will be completed within the City of Forest City.

12. The existing system will be upgraded from 30 channels to 35 channels within 60 days of the effective date of the ordinance codified in this chapter, or January 1, 1997, whichever date comes first.

113.03 ASSIGNMENT OR TRANSFER. The Grantee shall not assign or transfer any right granted under the franchise to any other person, company or corporation without prior consent of the Council, which consent shall not be unreasonably withheld, provided that the Grantee shall have the right to assign the franchise to a corporation wholly owned by the Grantee or to a limited partnership of which the Grantee is a general partner without prior consent of the City. No such approval shall be required, however, for a transfer in trust, by mortgage, by any other hypothecation, or by assignment of any rights, title, or interest of the Grantee in the franchise or cable system in order to secure indebtedness.

113.04 NOTICE. Unless expressly otherwise agreed between the parties, every notice or response to be served upon the City or Grantee shall be in writing and shall be deemed to have been duly given to the required party five (5) business days after having been posted in a properly sealed and correctly addressed envelope by certified or registered mail, postage prepaid, at a post office or branch thereof regularly maintained by the U.S. Postal Service.

113.05 EQUAL PROTECTION. In the event the City enters into a franchise, permit, license, authorization or other agreement of any kind with any other person or entity, other than the Grantee, to enter into the City’s streets and public ways for the purpose of constructing or operating a cable system or providing cable service to any part of the service area, the material provisions thereof shall be reasonably comparable to those contained herein, in order that one operator not be granted an unfair competitive advantage over another and to provide all parties equal protection under the law.


CHAPTER 114

CABLE TELEVISION FRANCHISE114.01 Franchise Granted 114.05 Indemnification114.02 Location of Equipment 114.06 Nonexclusive114.03 Restoration of Property 114.07 Protection of Company114.04 Franchise Subject to City Ordinances 114.08 Additional Regulations

114.01 FRANCHISE GRANTED. Winnebago Coop Telephone Association, a corporation organized under the laws of the State of Iowa (hereinafter referred to as the “Company”), its successors or assigns, are hereby granted the right, privilege and authority for a term of twenty-five (25) years from and after the adoption, approval and final acceptance hereof, † to construct, maintain and operate a cable television system within the present and future corporate limits of the City; and said Company, its successors and assigns are granted the right, privilege and authority to construct and install all necessary poles, towers, conduits, manholes, wires, cables, fixtures and apparatus over, across and under the right-of-way of the streets and alleys of the City and over and across any private lands therein, upon proper proceedings in eminent domain for the said period of time, and for said purposes upon the following terms and conditions.

114.02 LOCATION OF EQUIPMENT. All poles and fixtures erected, operated and maintained by said Company under and by virtue of this chapter shall be located, erected and maintained under the supervision and direction of the Council and shall be so located so as not to permanently interfere with or obstruct the free public use of or travel over any street or alley, or permanently interfere with the repairs of same.

114.03 RESTORATION OF PROPERTY. After the placing of any cable, conduit or manhole, or the erection of any pole or fixture, or the removal of any such, said Company, at its own expense, shall restore the surface of the street, alley or sidewalk which was disturbed by it to the condition in which it was found. The work of restoring the street, alley or sidewalk as aforesaid, shall be done under the supervision of the Streets and Alleys Committee of the City Council.

114.04 FRANCHISE SUBJECT TO CITY ORDINANCES. This franchise is granted subject to all ordinances not in force in said City and such other reasonable regulations by ordinances as may be enacted by said City.

114.05 INDEMNIFICATION. Said Company shall hold the City free and harmless from any and all damages of every kind and character whatsoever caused by the construction, operation or maintenance of said cable television lines, fixtures and equipment.

114.06 NONEXCLUSIVE. Nothing in this chapter shall be construed as granting unto said Company an exclusive right or franchise for the use of said streets or alleys for said purposes or to prevent the grant of similar privileges to other individuals or corporations for like purposes.

† EDITOR’S NOTE: Ordinance No. 550, adopting a cable television franchise for the City, was passed and adopted on March 17, 1997.



114.07 PROTECTION OF COMPANY. The City shall pass such ordinances as the Council may deem necessary or advisable for the due, legal and complete protection of said Company in the enjoyment of all its rights and privileges granted to it by this grant or franchise, and shall attach penalty of fine or imprisonment for interference with or damage to the property of said Company.

114.08 ADDITIONAL REGULATIONS.

1. The Grantee shall comply with all terms and conditions of Chapter 115 of this Code of Ordinances.

2. The Grantee shall continue to provide one channel dedicated for public, educational and governmental access. The City shall be responsible for establishing rules and regulations pertaining to the administration of this access channel. Except where Federal and State law as well as Grantee’s contractual obligations apply, Grantee will not move any PEG channel without a minimum of thirty (30) days’ notice to the Forest City Cable Commission.

3. The Grantee shall allow any customer within the City to block out one channel at no charge to the customer. Any additional channels blocked out may be assessed a one-time charge for the service.

4. All areas within the City not served by the Grantee shall be served within five years of effective date of the franchise, service to said areas to be constructed at the rate of 20% per year. Any exception to this subsection shall be governed by Section 115.08 of this Code of Ordinances and any other pertinent sections thereof.

5. The City shall receive 1% of the gross service fees.

6. Grantee shall provide, at no cost to either the City or customers of Grantee, a channel for Waldorf College, Forest City, Iowa, when the current system is upgraded to 35 channels.

7. Grantee shall provide a copy of all reports required under 47 CFR Ch. 1, Section 76.403 and Section 76.611 filed with the Federal Communications Commission to the City.

8. It is expressly understood the Grantee herein shall upgrade the system located within the corporate area of Grantor to provide for a two-way communication capability system-wide with a minimum of 77 channels capacity. It is also expressly agreed by the Grantee that over and above any upgrade heretofore mentioned or any upgrade contemplated herein will include compression when available and as needed. This upgrade will be completed by December, 1999.

9. All educational channels, both current and future will be upgraded with sufficient equipment to be able to transmit onto the system; said equipment will be provided only in the event of a system upgrade under subsection 8 of this section. This equipment includes a modulator or its equivalent, which is sufficient to transmit audio and video onto the system.

10. Grantee will provide cable service to each public building and school at no charge. In addition to the cable service, Grantee will provide a line to the building, one converter and one outlet.



11. If and when menu-based channel offerings are available in Lake Mills, Iowa, the same option for menu-based channel offerings will be completed with the City.


CHAPTER 115

CABLE TELEVISION REGULATIONS 115.01 Purpose and Scope 115.21 Service Rules and Regulations115.02 Definitions 115.22 Subscriber Service Rates115.03 Grant of Authority 115.23 Billing Practices and Customer Lists115.04 Compliance with Applicable Law 115.24 Franchise Fees115.05 Signal Quality 115.25 Maps, Plats and Reports115.06 Minimum System Capacity 115.26 Service to the City and Other Public or Private 115.07 Operation and Maintenance Institutions115.08 Line Extensions 115.27 Public Service Installations115.09 Service Standards Deviations 115.28 Change of Control of Grantee115.10 Continuity of Service 115.29 Inspection115.11 Cable Commission; Complaint Procedures 115.30 Filings and Communications with Regulatory 115.12 Performance Evaluation Hearings; Reviews Agencies115.13 Program Alternation Prohibited 115.31 Discrimination Prohibited115.14 Removal of Existing Antenna 115.32 Rights of Individuals115.15 Safety Requirements 115.33 Hold Harmless115.16 Conditions of Street Occupancy 115.34 Insurance115.17 Placement and Use of Poles 115.35 Rights Reserved to the City115.18 Removal of Equipment 115.36 Miscellaneous Provisions115.19 Revocation of Franchise 115.37 Acceptance of Terms115.20 Alternatives to Revocation 115.38 Cable Television Commission

115.01 PURPOSE AND SCOPE. The purpose of this chapter is to require that all cable communication systems within the corporate limits of the City operate pursuant to City franchise and this chapter and to regulate such activity consistent with the Federal Cable Communications Policy Act of 1992, the Federal Communications Commission rules and regulations promulgated thereunder, as well as any and all other applicable statutes and regulations.

115.02 DEFINITIONS. Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this chapter, have the following meanings. The definitions shall also control and be applicable to the Grantee’s cable communication franchise.

1. “Affiliate” means an entity which owns or controls, is owned or controlled by or is under common ownership with the Grantee.

2. “Basic service” means any service tier which includes the retransmission of local television broadcast signals representing at least one of each of the three major broadcast networks (ABC, CBS and NBC), at lease one public television channel and retransmission of one or more channels available at no costs to Grantee via satellite broadcast and all PEG channels.

3. “Cable service” means (i) the one-way transmission to subscribers of video programming or other programming service and (ii) subscriber interaction, if any, which is required for the selection of such video programming or any other lawful communication service.

4. “Cable system” means a facility, consisting of a set of closed transmission paths and associated with antennas, cables, wires, lines, towers, waveguides, or other conductors, converters, equipment or facilities designed and constructed for the purpose of producing, receiving, transmitting, amplifying and distributing audio, video and other forms of electronic


CHAPTER 115 CABLE TELEVISION REGULATIONS

or electrical signals, designed to provide cable service and other service to subscribers. Any such system that serves only subscribers in one or more multiple-unit dwellings under common ownership, control or management, no part of which system uses City right-of-way, is not included in this definition.

5. “Channel” means the portion of the electrical magnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel.

6. “Converter” means a device capable of providing more than the number of channels on a standard television receiver.

7. “FCC” means Federal Communications Commission.

8. “Franchise” means a legal contract between the City and a person or company, which contract contains terms and conditions for constructing and operating a cable communication system.

9. “Grantee” means a person holding a franchise to operate a cable communication system within the corporate limits of the City.

10. “Gross revenues” means the monthly cable service revenues received by the Grantee from subscribers of the cable system, including (but not limited to) revenues from subscriber rates, pay services, leased channels, installations, connection charges, data transmission, microwave activity, local advertising revenues; provided, however, such phrase does not include revenues received from any national advertising carried on the cable system, nor shall such phrase include any taxes on cable service which are imposed directly or indirectly on any subscriber thereof by any governmental unit or agency, and which are controlled by the Grantee on behalf of such governmental unit or agency.

11. “Net revenues from sale of pay television” means gross revenues derived from the sale of pay television less the cost to the Grantee for acquiring the signal.

12. “Outlet” means the point of connection of the cable or wire to a television or radio receiver.

13. “Pay television” means cable programming services which are billed at a separate rate on a per-view, per-channel, per-tier or any other subscription basis.

14. “PEG channels” means channels dedicated to public service, educational or governmental purposes.

15. “Subscriber” means a person who purchases cable television services.

115.03 GRANT OF AUTHORITY.

1. A Grantee shall have a nonexclusive right and privilege to construct, erect, operate, maintain and remove, in, upon, along, across, above, over and under the streets, alleys, public ways and public places, including any and all public easements held by the City for utility purposes, now laid out or dedicated and all extensions thereof, and additions thereto, in the City poles, wires, cables, underground conduits, manholes, and other cable conductors and fixtures necessary for the maintenance and operation in the City of a cable communications system, to be used for the sale and distribution of cable services to the residents of the City; subject, however, to the following:

A. Laws and Regulations. The Grantee shall comply with all governmental laws, ordinances, rules or regulations as may now or hereafter be applicable thereto. The City herein reserves the right to amend this chapter, following the procedure provided in paragraph B.



B. Periodic Evaluation Sessions. The field of cable communications is a relatively new and rapidly changing one which may see many regulatory, technical, financial, marketing and legal changes during the term of the franchise. Therefore, in order to provide for a maximum degree of flexibility in this franchise, and to help achieve a continued advanced and modern system, the following evaluation provisions will apply:

(1) The City may require, at its sole discretion, evaluation sessions at any time during the term of the franchise; provided, however, there shall not be more than one evaluation session during any two-year period.

(2) Topics which may be discussed at any evaluation session include (but are not limited to) rates, channel capacity, the system performance, programming, access, municipal uses of cable, subscriber complaints, judicial rulings, FCC rulings and any other topics the City or Grantee deem relevant.

(3) During an evaluation session, Grantee shall fully cooperate with the City and shall provide without cost such reasonable information and pertinent documents as the City may request, within 30 days of said request, to perform the evaluation.

(4) If at any time during its evaluation, the City determines that reasonable evidence exists of inadequate system performance, the City may require Grantee to perform tests and analysis directed toward such suspected inadequacies at Grantee’s expense, if the system performance is not substantially in compliance, and at the City’s expense if the system performance is in substantial compliance. Grantee shall fully cooperate with the City in performing such testing. Any testing and analysis shall be completed within 60 days of written notice to commence the testing or analysis.

(5) As a result of an evaluation session, the City or Grantee may determine that a change in the terms of the franchise may be required, that the system or franchise requirements should be updated, changed, revised, or that additional services should be provided. If the change is consistent with the terms of this chapter, the needs of the City and existing state-of-the-art (or due to regulatory, technical, financial, marketing, inflation or legal requirements) and implementation of a change would not unreasonably add to the cost of providing cable television services, Grantee and the City, will in good faith, negotiate the terms of the change any required amendment to this chapter. In the event the parties are unable to agree upon the terms of the change in any required amendment to this chapter, the matter shall be submitted to arbitration, pursuant to Sections 115.20(2) and (3). The parties acknowledge Section 115.20(2) requires written agreement to arbitrate; however, solely for the purpose of this subsection, the parties expressly waive the written agreement as a condition precedent for arbitration. Upon adoption of such a chapter amendment, if one is required, the change will become effective and Grantee shall accept the same.



C. Restrictions. The Grantee shall not use or occupy or permit public property or private property to be used or occupied or do or permit anything to be done on or about public property or private property which will, in any manner:

(1) Impair the owner’s interest in or title thereto;

(2) Impair any mortgage or lease as may now or hereinafter be applicable thereto;

(3) Adversely affect the then value or character thereof;

(4) Cause or be likely to cause structural damage thereto, or any part thereof;

(5) Cause or be likely to cause any damage or injury to any utility service available thereto;

(6) Create a public or private nuisance, cause offensive or obnoxious vibrations, noise, odor or undesirable effect or interfere with the safety, comfort or convenience of the owner thereof and persons lawfully on or about the same;

(7) Violate the rules, regulations and requirements of any person furnishing utilities or services thereto; and

(8) Make void or voidable any insurance then in force affecting the same or cause an increase in the rates applicable thereto.

2. The Grantee may use private property within the City with the owner’s permission and subject to the above restrictions contained in subsection 1 of this section.

3. The term of a franchise shall be as set forth in a separate ordinance for each Grantee, such period not exceeding fifteen (15) years.

115.04 COMPLIANCE WITH APPLICABLE LAW. All cable communication activity within the City shall be undertaken pursuant to a franchise granted by the City and shall be in accord with the provisions of this chapter. A Grantee shall at all times comply with the rules and regulations of the FCC as well as with all other applicable Federal and State statutes. FCC rules and regulations shall in all cases be controlling if any part of this chapter or any cable television franchise is in conflict with any FCC rules and regulations.

115.05 SIGNAL QUALITY.

1. Because of the rapid technological advances occurring in telecommunications, any set of standards is quickly outdated, and because this chapter seeks a continually updated cable system with highest quality technical performances and delivered services, the performance standards shall be regularly reviewed. The local Cable Commission shall review the technical performance standards, tests and measurements, and complaints concerning the Grantee’s system at a minimum of every three (3) years in connection with its regular performance reviews, and shall recommend to the Council, such updated standards to reflect the needs of the community. The Council may, after public hearing, adopt such updated standards which shall then be binding on all Grantees when adopted and until succeeded by yet another set of standards. Any standards adopted will not exceed current FCC standards.

2. The Grantee will meet or exceed FCC Standards as to system performance on all cable television channels as measured at any subscriber terminal.



115.06 MINIMUM SYSTEM CAPACITY. As minimum system requirements, the Grantee shall undertake all reasonable steps to install and maintain a cable network designed with an initial capacity equivalent to a minimum of thirty-five (35) channels. Capacity shall be increased as demand for additional channel utilization exceeds this minimum, and the then present technology renders such upgrade cost-effective to the Grantee and not cost prohibitive to subscribers. Compliance with this section may be reviewed by the Cable Commission at any time.

115.07 OPERATION AND MAINTENANCE. Grantee shall perform the following with regard to the operation and maintenance of a cable television system.

1. Maintain an office or agent within five miles of the City, which office shall be open to the public during all normal business hours with a directory listed telephone. Grantee will provide adequate telephone line capability and staff to enable requests for repairs to be received on a 24-hour basis, regardless of the location. Grantee’s overall staffing shall include a system manager with the authority to make timely resolutions of operating emergencies and subscriber complaints.

2. Maintain a repair and maintenance crew which responds to subscriber complaints or requests for service with appropriate repairs or service within twenty-four (24) hours of receipt of the complaint, except in service outages beyond Grantee’s control, e.g., acts of God. Upon failing to correct total loss of customer service within 24 hours, an amount equal to one-thirtieth of the subscriber’s monthly charges shall be credited to the subscriber’s account for each 24-hour period following the receipt of the subscriber complaint during which no service is provided. No charge shall be made to the subscriber for maintenance or repair services unless the service call is a result of damage caused by the subscriber.

3. Construct and maintain all parts of the cable system in good working condition throughout the entire franchise period.

4. Provide service calls to subscribers for all malfunctions, damage or system related problems not caused by subscriber misuse or negligence.

5. Disconnect cable service without charge after request of a subscriber for termination of service.

6. Render efficient service, make repairs promptly and properly, and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during periods of minimum system use.

7. Distribute television signals to subscribers as require by the Federal Communications Commission.



8. Take all reasonable steps to assure that its operation does not interfere with television reception of persons who are not subscribers, and that its system does not interfere with obstruct or hinder in any manner, the operation of the various other utilities and or electronic or radar surveillance systems serving the residents of the City.

115.08 LINE EXTENSIONS. Grantee shall extend its trunk line or otherwise make available upon request its cable television system to all existing residences located within the City limit as they existed on January 1, 1994, and shall further service all newly annexed areas as rapidly as possible, unless the Grantee obtains a waiver of this section as hereafter provided. Grantee may, under the following procedures, defer service for those residences where, due to unique circumstances such a sparse population or unusually difficult construction conditions, this requirement would constitute a hardship to Grantee. Whenever an extension of service otherwise required by this section would be economically non-compensatory, a Grantee may seek waiver of this requirement pursuant to the following procedures.

1. The Grantee shall file with the Cable Commission and publish once each week for two weeks in a newspaper of general circulation in the City a map of the City on which there shall be clearly and precisely shown those residences to which the Grantee intends to defer service together with a notice, stating:

A. That the extension of service to such areas or residences would be economically non-compensatory to the Grantee and that a written copy of the projected costs and revenues from an extension of service to such areas or residences is on file with the City Clerk and at the Forest City Public Library for examination and copying by any interested person.

B. That any interested person opposed to a waiver of the requirements of this section for all or any part of the area or residences covered by the notice may file a written protest in the office of the City Clerk on or before a date specified which shall not be less than 10 days after the date of last publication.

2. A copy of such notice shall be mailed by ordinary mail to each residence within the affected area for which a wavier is sought to the extent the identity of such residents is reasonably available to Grantee or to “occupants” if such identity is not reasonably available. A failure of a resident to receive a copy of the notice by mail shall not be a basis for a denial of a waiver or withdrawal of a waiver granted pursuant to this section.

3. If no written objection is filed by 4:00 p.m. on the date specified in the notice, the waiver shall be granted by the Cable Commission.

4. When a protest is filed for any residence for which a deferral is sought, the Cable Commission shall, after notice and for public hearing, approve or deny the deferral of service. At the hearing an affected property owner, resident, or other interested party may provide evidence or argument that the Grantee’s projected costs of service are unreasonably high or their projected revenues are unreasonably low.

5. After hearing the evidence and arguments, the Cable Commission may grant the requested waiver if it finds the Grantee will realize a rate of return of less than 8% per annum from an extension of such services as determined by dividing projected gross receipts from customer services to the residences for which the waiver is sought by the costs of construction of such extensions or if it finds due to other unique or unusual circumstances the requirements of this section would constitute a hardship to the Grantee.

6. Any final action by the Cable Commission shall be reviewable by a court of competent jurisdiction pursuant to State and Federal law.



115.09 SERVICE STANDARDS DEVIATIONS. The Grantee shall continue, through the term of the franchise, to maintain the technical, operational, maintenance and service standards set forth in its franchise agreement with the City and this chapter.

115.10 CONTINUITY OF SERVICE.

1. All subscribers shall receive continuous service, except for circumstances beyond Grantee’s control, so long as their financial and other obligations to the Grantee are satisfied. In the event that the Grantee elects to rebuild or modify the system, the Grantee shall take all reasonable steps within its control to act so as to ensure that all subscribers receive continuous, uninterrupted service. In the event of a change of Grantee, or in the event a new operator acquires the system, the Grantee shall cooperate with the City and new Grantee or operator in maintaining continuity of service to all subscribers. During such interim period, Grantee shall be entitled to the cable system revenues for any period during which it actually operates the system, in order to cover the reasonable costs for continuing its services.

2. Upon request of the City, the Grantee shall fully inform the City of any cessation of operations of six or more hours’ duration, its causes, and the steps being taken to remedy such cases.

3. The Grantee shall not be held in default or noncompliance with the provisions of the franchise, or suffer any enforcement or penalty relating thereto, where such noncompliance or alleged defaults are caused by strikes, acts of God, power outages, or other events reasonably beyond its ability to control.

115.11 CABLE COMMISSION; COMPLAINT PROCEDURE.

1. The Forest City Cable Television Commission shall be responsible for the City’s continuing administration of the franchise, including Grantee’s complaint procedures.

2. The Grantee shall establish standard procedures for receiving, acting upon, and resolving subscriber complaints which procedures, at the City’s request, shall be in writing and filed with the Clerk’s office. Such procedures shall be subject to review by the Forest City Cable Television Commission.

3. The Grantee shall keep at its general offices a computer printout of service complaints. The computer printout of complaints and resolution shall be made available upon request for inspection by the Forest City Cable Television Commission. All service complaint records shall be retained on file for a period consisting of the most recent three years.

4. When a number of similar complaints have been made or when there appears in the judgment of the Cable Television Commission circumstances indicative of unreliable and/or poor quality cable service being delivered to subscribers, the Commission shall notify the Grantee in writing and establish a meeting in order to give the Grantee an opportunity for comment. The Commission and the Grantee shall negotiate in good faith in an effort to resolve the problem.

5. The Cable Television Commission may, should the circumstances appear to merit such attention, require that such tests and analyses be supervised and/or conducted by an independent professional engineer hired at the cost of the City and supervised by an employee of the Grantee, with the requisite expertise in cable television operations who is not a member of the staff of the Grantee. The engineer responsible for the testing shall sign all records of the special tests and shall prepare a report interpreting the results of the tests and recommending corrective actions to be taken by the Grantee. The Grantee shall forward to the Cable Television Commission such records without revisions, deletions or substitutions.



115.12 PERFORMANCE EVALUATION HEARINGS; REVIEWS. On the third, sixth and ninth anniversaries of the effective date of the franchise, the Forest City Cable Television Commission may require review of this franchise, subject to the following:

1. Any such review shall be open to the public and announced in the official City newspaper. The Grantee shall reasonably notify its local subscribers of review sessions by announcing same through either public notices or inserts in subscribers’ billing statements.

2. Topics to be discussed at any scheduled review session may include (but will not be limited to) franchise fees, free or discounted services, application of new technologies, system performance, services provided, programming offered, customer complaints, privacy, amendments to this chapter, judicial and FCC rulings, line extension policies, and existing or perspective rules or regulations of the Grantee or the City.

3. Members of the general public may add topics by requesting of the City that such topics be added to the agenda of its meeting.

4. During a review or evaluation of the City, the Grantee shall fully cooperate with the City and shall provide such non-confidential information and documents as the City may need to reasonably perform the review.

115.13 PROGRAM ALTERATION PROHIBITED. All programs of broadcasting stations carried by a Grantee shall be carried in compliance with FCC regulations. However, a Grantee herein shall be required to do the following:

1. Minimum Carriage Requirements. The Grantee shall comply with the must-carry rules as contained in Federal law for one each of the following, NBC, CBS, ABC, and PBS. In the event the cable company is unable to carry NBC, ABC, CBS or PBS, the Grantee shall provide, at no cost to the customer/consumer, switchers to switch from the cable system to the customer’s antenna.

2. Educational Access Channels. The Grantee shall provide a minimum of two educational access channels.

3. Notice Requirements for PEG Channel Movement. Prior to the movement of a PEG channel, Grantee shall comply with the notice requirements under the granting ordinance of the franchisee and give a minimum of sixty (60) days’ notice of any proposed movement of a PEG channel to the Cable Commission before changing the channel location of a channel.

115.14 REMOVAL OF EXISTING ANTENNA. A Grantee shall in no way tamper with or remove an existing television antenna without the owner’s consent.

115.15 SAFETY REQUIREMENTS. A Grantee shall at all times employ reasonable care in the installation and maintenance of a cable television system. A Grantee shall install and maintain its wires, cables, fixtures, and other equipment in accordance with the requirements of all applicable local, State and Federal codes. All structures, lines, equipment, or connections in, over, under, or upon the streets, sidewalks, alleys and public ways or places of the City shall at all times be kept and maintained in a safe condition and in good working order and repair and shall not in any way interfere with any installation of the City of any public utility serving the City. When installation of cable on poles is insufficient, or when holders of other public licenses or franchises have both installed underground cable, then in that event, the cable used by the Grantee shall be installed underground.

115.16 CONDITIONS OF STREET OCCUPANCY. A Grantee shall be allowed to use the City streets, alleys, right-of-ways and other public ways and places, including any and all



public easements held by the City for utility purposes, for the construction and operation of its cable television system pursuant to the granting of a franchise; provided, however, in such use and occupancy a Grantee shall be subject to all applicable City ordinances and that all transmission and distribution structures, lines and equipment erected by the Grantee within the City shall be so located as to cause minimum interference with the proper use of streets, alleys and other public ways and places and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. The Grantee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its cables to permit the moving of buildings. The expense of such temporary removal, raising or lowering of cables shall be paid by the person requesting the same and the Grantee shall have the authority to require such payment in advance. The Grantee shall be given not less than twenty (20) days’ advance notice to arrange for such temporary cable changes.

115.17 PLACEMENT AND USE OF POLES.

1. Where poles or other wire-holding structures already serving the City are available for use by any Grantee, but Grantee does not make arrangements for such use, the City may require a Grantee to use such poles and structures if the City determines that the public health, welfare, and safety would be enhanced thereby and if the terms of the use available to the Grantee are just and reasonable.

2. No Grantee shall erect or maintain any poles or aerial wires or cables within any underground districts which have been established by the City or which may hereafter be established by the City. Furthermore, no poles or aerial wires or cables shall be installed or maintained in any area where other utilities are required by law to be underground or where such other utilities are already installed underground with the exception of service drops located on private property.

115.18 REMOVAL OF EQUIPMENT. Upon the expiration or termination of any cable television franchise, a Grantee shall remove its poles, cable television transmission and distribution systems, and all other appurtenances from the streets, sidewalks and public ways of the City, when ordered to do so by the City, and shall restore the same to their original condition, unless, upon such expiration or termination the cable system, including all such equipment is transferred to a subsequent Grantee to be utilized pursuant to a franchise granted by the City; however, the Grantee shall in all cases have the right of abandonment of its property. If a Grantee refuses to remove such items or fails to remove such items in a reasonable time after notification by the City, the City shall have the right and authority to remove such poles, cable television transmission and distribution systems and other appurtenances from the City streets, sidewalks, and public ways.

115.19 REVOCATION OF FRANCHISE.

1. In the event of a material breach of terms and conditions of the Grantee’s franchise and the subsequent failure of the Grantee to correct its default under or noncompliance with the terms of its franchise, the Council may revoke the franchise and all rights of Grantee thereunder, provided the City gives the Grantee adequate notice and an opportunity to cure. A material breach of the franchise shall include, but not be limited to:

A. The Grantee’s violation of any material provision of the franchise; or

B. The Grantee’s attempt to evade any material provision of the franchise or to practice any fraud or deceit upon the subscribers, the City or the general public; or



C. The Grantee’s failure to begin or complete system construction or system extension as provided in the franchise; or

D. The Grantee’s material misrepresentation of a fact in the application for or negotiation of the franchise or in any other appearance before or document submitted to the Council or to subscribers.

2. The Council shall not revoke Grantee’s franchise if the interruption in service is without fault of the Grantee or occurs as a result of circumstances beyond its control; however, the Grantee shall not be excused by mere economic hardship or by misfeasance or malfeasance of its shareholders, directors, officers or employees.

3. Upon a material breach, the Cable Television Commission shall make written demand that the Grantee immediately comply with any such provision, rules, order or determination under or pursuant to its franchise. If the violation by the Grantee continues for a period of 60 days following such written demand without the submission of written proof that the corrective action has been taken or is being actively and expeditiously pursued, the Cable Television Commission may recommend revocation of the franchise to the Council. If recommended, the Cable Television Commission shall cause to be served upon Grantee, at least 20 days prior to the date of such Council hearing, a written notice of intent to request such revocation and the time and place of the hearing. Public notice shall be given not less than four days or more than 20 days prior to the hearing and shall include a description of the issue which the Council is to consider.

4. The Council shall hear and consider the issue and shall hear any person interested therein, and may determine in its discretion, whether or not any violation by the Grantee of the franchise has occurred.

5. If the Council determines that a violation of the franchise has occurred, the Council may, by resolution, declare that the franchise of the Grantee shall be revoked and terminated unless there is compliance within such period as the Council may fix, such period not to be less than 30 days, provided no opportunity for compliance shall be granted for a violation by reason of fraud or misrepresentation.

6. At the expiration of said period, the Council shall determine whether Grantee has achieved compliance. The Council then may revoke the franchise forthwith on finding that Grantee has failed to achieve compliance or may further extend the period, at its discretion.

115.20 ALTERNATIVES TO REVOCATION.

1. In the alternative to the foregoing remedies, if the Council determines that the Grantee is in default of any provision of the franchise, the Council may:

A. Foreclose on all or any part of any security including without limitation, any bonds or other surety; provided, however, the foreclosure shall only be in such a manner and such amount as the Council reasonably determines is necessary to remedy the default.

B. Commence an action at law for monetary damages or seek other equitable relief.

C. Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damage.

D. In the case of a substantial default of a material provision of the chapter, and after giving the Grantee ninety (90) days’ written notice, with the opportunity to be heard, and opportunity to cure, assess a fine of one hundred dollars ($100.00) per day until the substantial default is cured. In the event that Grantee is prevented or delayed in the performance of any of its obligations under the franchise by reasons of acts of God, floods, fire, tornadoes,



earthquakes, or other unavoidable casualties, insurrection, war, riot, vandalism, strikes, sabotage, boycotts, lockouts, labor disputes, shortage of qualified labor, freight embargo, shortages or unavailability of materials or supplies, unusually severe weather conditions, acts or omissions of the City or any other similar event beyond the reasonable control of the Grantee, the Grantee shall have a reasonable time under the circumstances to perform its obligations under the franchise or to procure a substitute for such obligation which is subject to the reasonable satisfaction of the City.

2. With the exception of subsection 1 herein, any controversy between the City Council and the Grantee regarding the rights, duties or liabilities of either party under this section may, upon written agreement by both parties, be settled by arbitration conducted under the auspices of the American Arbitration Association and in accordance with Chapter 679A of the Iowa Code. Such arbitration shall be before three (3) disinterested arbitrators, one named by the City, one named by the Grantee, and one named by the two thus chosen. The decision of the arbitrators shall be conclusive and shall be enforced in accordance with the laws of the State of Iowa.

3. Any final action by the City adverse to Grantee’s interest and disputed by Grantee shall be reviewable by court of competent jurisdiction pursuant to State and Federal law.

115.21 SERVICE RULES AND REGULATIONS. A Grantee shall have the right to prescribe reasonable service rules and regulations not inconsistent with this chapter and not inconsistent with the laws of the State of Iowa and the United States of America. A Grantee shall also submit to the City, at the City’s request, the form of its service agreements between the Grantee and its subscribers and shall furnish any amendments or alterations to the service agreement.

115.22 SUBSCRIBER SERVICE RATES. The City and the Grantee acknowledge that the City’s authority to regulate rates of basic cable service is derived from Section 623 of the Cable Communications Policy Act of 1984, as amended, and regulations of the Federal Communications Commission adopted pursuant to that section. The right of the City to regulate the basic cable rates of a Grantee shall be governed by such statutes and regulations and any amendments or laws repealing and/or replacing such statutes and regulations, as finally legally determined.

115.23 BILLING PRACTICES AND CUSTOMER LISTS.

1. No Grantee shall utilize any form of “proactive” billing whereby an extra charge for optional programming or service is added to a subscriber’s monthly bill without the subscriber’s prior express permission or a prior specific request for such extra cost service.

2. No Grantee shall sell or otherwise make available a list of its subscribers except as may be required by governmental agencies.

115.24 FRANCHISE FEE.

1. The franchisee shall pay to the City a franchise fee equal to one percent (1%) of gross revenues received by the franchisee from the operation of the cable system to provide cable services on a semiannual basis. For the purpose of this section, the 12-month period applicable under the franchise for the computation of the franchise fee shall be a calendar year unless otherwise agreed to in writing by the City and the franchisee. The franchise fee payment shall be due and payable ninety (90) days after the close of the preceding semiannual period. Each payment shall be accompanied by a report from a representative of the franchisee itemizing the basis for the computation.



2. No acceptance of any payment shall be construed as an accord that the amount paid is, in fact, the correct amount, nor shall such acceptance of payment be construed as a release of any claim which the City may have for further or additional sums payable under the provisions of this section.

3. Any franchise fees which remain unpaid after the dates specified above shall be delinquent and shall thereafter accrue interest at the maximum legal rate until paid.

4. Upon request by the City, Grantee shall submit a statement of revenues for the determination of whether franchise fees are accurately calculated for the City operation.

5. Applicable State statutes of limitations shall apply to both City and Grantee.

6. In the event the City shall elect to exercise rate regulatory powers under the terms and provisions of the Cable Communications Policy Act of 1992, as amended, a Grantee shall provide full financial statements as may be required by the FCC.

115.25 MAPS, PLATS AND REPORTS. A Grantee shall submit to the line superintendent, upon request of the City, maps and plats showing the trunk and distribution system of all existing and proposed cable television installations in the City. A Grantee shall make periodic reports, at request of the City, concerning cable television operations. Grantee shall submit with such reports any and all business records necessary to make a full and complete presentation of its cable communication operations within the City.

115.26 SERVICE TO THE CITY AND OTHER PUBLIC OR PRIVATE INSTITUTIONS.

1. PEG (Education and Government Access) Channels. The Grantee shall initially provide at least two dedicated channels for educational and governmental use, and once the requirements of subsection 2 of this section are met, the Grantee shall provide at least one additional dedicated channel for educational and governmental use. There shall be no charge made to users of the channels by the Grantee, unless this practice is specifically prohibited by FCC regulations. Furthermore, a Grantee shall also supply installation to public and private buildings and institutions as specified in this section and Section 115.27 upon the request of the Board of Directors of the Forest City Community School District, the Waldorf College Board of Directors, the Forest City Council or other governing bodies, as the case may be, unless it is commercially impracticable for the Grantee to comply with this requirement.

2. Additional Channels. Whenever the channels as required by this section are in use during eighty percent (80%) of the weekdays (Monday through Friday) for 80% of the time during any consecutive three-hour period, with at least fifty percent (50%) of the programming being original and not duplicated, for six (6) consecutive weeks, the Grantee shall make an additional channel available for the same purpose.

3. Local Origin of Studio and Production Facilities. The Grantee shall provide for local origination of cable programs within six (6) months of the granting of the franchise, including channel space and equipment as defined in Section 114.02(9), as amended, for the purpose of transmitting signals onto the cable system.

4. Interconnection of Schools with the Master Head-End. The Grantee shall provide for interconnection from the schools, both public and private, to the cable system’s master head-end by two-way communications by either bidirectional amplification or a second return line or an equivalent current technology for the educational channels. It is expressly understood this will not obligate Grantee to connect schools, both public and private, to the institutional network.



5. Instructional Television Fixed Service and Educational Television Station Connections. The Grantee shall connect with the master control of any instructional television system in the franchise area.

6. FM Radio Station Connections. The Grantee shall be required to connect to and carry all local FM educational radio stations. The City or Cable Commission is required to obtain the Retransmission Consent Agreement.

7. Converters for Nonstandard Channels. The Grantee shall provide, at cost, converters for each television set at the schools, both public and private, or other local buildings designated by the City for nonstandard channels.

8. Telecast of Educational Activities. The Grantee shall not cablecast, tape, reproduce or otherwise convey to its subscribers the activities of any recognized educational authority, public or private, without the written consent of the governing body of such authority.

115.27 PUBLIC SERVICE INSTALLATIONS. A Grantee shall, without charge for installation, maintenance, or service, make single installations of its basic and expanded basic cable television service facilities with one converter at each of the following locations of the City:

1. City Hall;

2. Fire Station;

3. Police Station;

4. Public Library;

5. North Central Regional Library;

6. All public school buildings of the Forest City Community School District;

7. All accredited private schools for elementary and secondary education, but not to include day care centers and nursery schools;

8. Waldorf College;

9. Senior Citizens’ Center;

10. All existing hookups to public buildings as of September 1, 1995.

115.28 CHANGE OF CONTROL OF GRANTEE. Prior approval of the City Council shall be required where ownership or control of more than 50 percent of the right of control of a Grantee is acquired by a person or several persons acting in concert, none of whom already own or control 50 percent or more of such right of control, singularly or collectively; provided that no approval will be required for a transfer, assignment or sale to an affiliate. Any such acquisition occurring without prior approval of the City Council shall constitute a violation of a Grantee’s franchise, provided that such approval was not unreasonably withheld. No such approval shall be required, however, for a transfer in trust, by mortgage, by any other hypothecation, or by assignment of any rights, title or interest of the Grantee in the franchise or cable system in order to secure indebtedness.

115.29 INSPECTION. The City shall have the right to inspect any construction or installation work performed by any Grantee in the City and make such inspections as it finds necessary to insure compliance with the terms of any cable television franchise, this chapter or other pertinent provisions of law.



115.30 FILINGS AND COMMUNICATIONS WITH REGULATORY AGENCIES. Copies of all petitions, applications and communications and reports submitted by any Grantee to the FCC, Securities and Exchange Commission, or any other Federal or State regulatory commission or agency having jurisdiction in regard to any matters affecting cable television within the corporate limits of the City shall also be submitted to the City at the City’s request.

115.31 DISCRIMINATION PROHIBITED. A Grantee shall not, as to rates, charges, services, service facilities, rules and regulations, or in any other respect, make or grant any undue preference or advantage to any person, or subject any person to prejudice or disadvantage based upon race, religion, creed, color, sex, national origin or ancestors. Nothing in this section, however, shall be deemed to prohibit promotional campaigns to stimulate basic service subscriptions to the system or deemed to prohibit the charging of special rates for such service. A Grantee shall not discriminate against any person on the basis of race, religion, creed, color, sex, national origin or ancestry. Furthermore, a Grantee shall also take affirmative action to recruit employees from members of minority groups.

115.32 RIGHTS OF INDIVIDUALS.

1. No signals shall be transmitted from a subscriber terminal for purposes of monitoring individual viewing patterns or practices without the express written permission of the subscriber. The request for such permission shall be·contained in a separate document with a prominent statement that the subscriber is authorizing the permission in full knowledge of its provision. The authorization shall be revocable at any time by the subscriber without penalty of any kind whatsoever. Such authorization shall be required for each type or classification of two-way cable communications activity planned; except that the Grantee shall be entitled to conduct system-wide or individually addressed “sweep” for the purpose of verifying system, integrity, controlling return-path transmission, or billing for pay services.

2. The Grantee and any of its agents or employees shall not, without the specific written authorization of each subscriber involved, sell or otherwise make available to any party, except as is necessary to the conduct of Grantee’s business:

A. Lists including the name and address of such subscriber, or

B. Any list which identifies the individual viewing habits of such subscriber.

115.33 HOLD HARMLESS.

1. A Grantee shall at all times defend, indemnify, protect, and hold harmless the City from and against any and all liability, losses, and damage to property or bodily injury or death to any person including payments made under workmen compensation laws, which may arise out of or be caused by the erection, construction, replacement, removal, maintenance or operation of a Grantee’s cable television system, and caused by any act or failure to act on the part of a Grantee, its agents, officers or employees; provided however, a Grantee shall not hold the City harmless for any activities or omissions that are the result of gross negligence or deliberate acts or omissions by the City, its officers, employees, or others who represent the City. A Grantee shall hold the City harmless against any damages resulting from legal action which may be brought against it in connection with the establishment or operation of a Grantee’s cable television system in the City and shall defend at its own expense any action brought against the City by reason of the erection, construction, replacement, removal, maintenance or operation of a Grantee’s cable television system.



2. This hold harmless and indemnity agreement shall include any claim arising out of the nonobservance by the Grantee of the provisions of any laws, statutes, ordinances, resolutions, regulations or rules duly promulgated by any governmental entity which may be applicable directly or indirectly, to rights, privileges, and authority, and the obligations and liabilities, assumed by the Grantee under the franchise, and/or the nonobservance by the Grantee of any of the terms and conditions of the franchise, and/or the granting of the franchise by the City.

3. The Grantee shall pay all reasonable expenses necessarily incurred by the City in defending itself with regard to all damages, penal ties or other claims resulting from the acts of the Grantee, its assigns, employees, agents, invitees, or other persons. Said expenses shall include all out-of-pocket expenses such as attorney’s fees provided that the Grantee is permitted to select said attorney.

115.34 INSURANCE. A Grantee shall promptly provide, after the granting of a Grantee’s franchise, public liability insurance for personal injuries and/or death growing out of any one accident or other cause in the following amounts: $300,000 as to any one person, $500,000 as to any one occurrence for injury or death to persons, and $100,000 for damages to property, with, as to Grantee, so-called umbrella coverage of at least $1,000,000; worker’s compensation insurance as provided by the laws of the State of Iowa as amended; and automobile insurance with limits of not less than $300,000/$500,000 of public liability coverage and automobile property damage insurance with a limit of not less than $100,000 covering all automotive equipment, with, as to Grantee, so-called umbrella coverage of at least $1,000,000. A Grantee shall maintain such insurance with insurance underwriters authorized to do business in the State of Iowa and holding a rating by Best of at least “A-.” In addition, the City shall receive at least 30 days’ prior written notice of any cancellation or change in any said insurance policy or policies. A Grantee shall furnish the City with a certificate of insurance from Grantee’s carrier indicating that there is such insurance coverage as herein provided.

115.35 RIGHTS RESERVED TO THE CITY. The City may, from time to time, add to, modify or delete provisions of this chapter as it shall deem necessary in the exercise of its lawful police powers provided that such additions or revisions are reasonable and do not place an undue financial burden on the Grantee. Such additions or revisions shall be made only after a public hearing for which the Grantee shall have received written notice at least thirty (30) days prior to such hearing.

115.36 MISCELLANEOUS PROVISIONS.

1. Restoration of Ground Surface. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Grantee shall, at its own cost and expense and in a manner approved by the City, replace and restore all paving, sidewalk, driveway, or surface of any street or alley disturbed, in as good a condition as before said work was commenced.

2. Alteration of Grade and Removing and Relocating Wires. In the event that during the term of the franchise the City shall elect to alter or change the grade of any street, alley, or public way, the Grantee, upon reasonable notice by the City, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense. Upon written request, the Grantee shall remove and replace all wires during movement of oversized loads at no charge to private or public parties.

3. Tree Trimming. The Grantee shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks, and public places of the City so as to prevent the



branches of such trees from coming in contact with the cables of the Grantee. All trimming shall be done at the expense of the Grantee.

115.37 ACCEPTANCE OF TERMS. The Grantee acknowledges by the acceptance of this chapter and the franchise ordinance that it has carefully read its terms and conditions and it is willing to and does accept all the obligations of such terms and conditions and further agrees that it will not set up as against the City the claim that any provision of this chapter as adopted and any franchise granted hereunder is unreasonable, arbitrary, invalid or void.

115.38 CABLE TELEVISION COMMISSION. There is hereby created and established as an administrative agency of the City a commission to be entitled the Forest City Cable Television Commission.

1. Composition; Term. The Commission shall consist of seven (7) citizens of the City appointed by the Mayor, subject to the approval of the City Council, for staggered terms of four (4) years. All members of the Commission shall be residents of the City and subscribers of cable services and it is recommended that at least one member be an officer, agent, employee or board member of a public school system or other nonprofit organization utilizing the services of a cable television franchise for educational or other public service purposes.

2. Powers and Duties. The powers and duties of the Commission shall be as follows:

A. To exercise all powers and duties provided elsewhere in this chapter.

B. To establish and promulgate such rules for the implementation of the provisions of this chapter and as necessary to carry out its functions as it shall deem necessary or useful, provided such rules shall not exceed the scope of the provisions of this chapter and shall not be in conflict with any provision of this chapter.

C. To receive and investigate such complaints, disputes or disagreements as may be directed or referred to the City, between subscribers or potential subscribers and Grantees of cable television franchises.

D. To resolve disputes or disagreement between subscribers or potential subscribers and a Grantee of a cable television franchise should such parties be unable to first resolve their dispute. The Commission shall conduct a public hearing upon any petition by any person seeking resolution of a dispute concerning the operation of any franchise granted hereunder. A Grantee shall be provided with a copy of each petition promptly on receipt by the City and shall be given not less than 10 days’ notice of a hearing on such petition. The hearing shall be conducted pursuant to rules adopted by the Commission. Following a hearing the Commission shall issue its finding or determination which shall be final. Any person aggrieved may seek relief therefrom in the District Court of Iowa as provided by law.

E. To review and audit all reports, records, communications or other documents submitted to the City by a cable television Grantee as required by this chapter.

F. From time to time as the Commission shall deem appropriate, to make recommendations to the Council for any amendments to this chapter deemed by the Commission to be advisable.

G. From time to time, but less than every three (3) years, to make reports to the Council on the status, progress and development of the cable television service and programming in the City.

H. To confer with Grantees and advise on the interconnection of their cable systems with other cable systems or communication systems.



I. To conduct evaluations of the system at least every three (3) years with Grantees and make recommendations to the Council concerning system improvements and amendments to this chapter.

J. To administer sanctions as authorized by this chapter for failure to comply with the terms of this chapter or any franchise agreement and to make such recommendations for action by the Council as otherwise acquired by this chapter.

3. Compensation. Members of the Commission shall serve without compensation except that actual expenses incurred by a member in performance of duties may be reimbursed in accordance with such procedures as are established by the Commission and the finance officer of the City.



CHAPTER 116

REGULATION OF CABLE TELEVISION RATES116.01 Authority 116.04 Notice of Rate Change116.02 Rate Regulation Proceedings 116.05 Delegation of Power116.03 Certification

116.01 AUTHORITY. The City has the legal authority to administer and shall enforce against any non-municipally owned cable television system operator, as permitted therein, the provisions of Part 76, Subpart N of the Rules and Regulations of the Federal Communications Commission (FCC), concerning Cable Rate Regulation, 47 C.F.R. §§76.900 et. seq., as they currently read and hereafter may be amended, which are herewith incorporated by reference.

116.02 RATE REGULATION PROCEEDINGS. Any rate regulation proceedings conducted hereunder shall provide a reasonable opportunity for consideration of the views of any interested party, including but not limited to, the City or its designee, the Cable Operator, subscribers, and residents of the franchise area. In addition to all other provisions required by the laws of the State of Iowa and by the City, and in order to provide for such opportunity for consideration of the views of any interested party, the City shall take the following actions:

1. The City shall publish notice as provided in Section 362.3 of the Code of Iowa and shall mail, by certified mail, to the Cable Operator a notice of the intent to conduct a public proceeding on basic service tier rates and/or charges for equipment to receive such basic service tier, as defined by the FCC.

2. The public notice shall state, among other things, that cable television rates are subject to municipal review and explain the nature of the rate review in question; that any interested party has a right to participate in the proceeding; that public views may be submitted in the proceeding, explaining how they are to be submitted and the deadline for submitting any such views; that a decision concerning the reasonableness of the cable television rates in question will be governed by the Rules and Regulations of the FCC; and that the decision of the City is subject to review by the FCC.

3. The City shall conduct a public proceeding to determine whether or not the rates or proposed rate increases are reasonable. The City may delegate the responsibility to conduct the proceeding to any duly qualified and eligible individual or entity. If the City or its designee cannot determine the reasonableness of a proposed rate increase within the time period permitted by the FCC Rules and Regulations, it may announce the effective date of the proposed rates for an additional period of time as permitted by the FCC Rules and Regulations, and issue any other necessary or appropriate order and give public notice accordingly.

4. In the course of the rate regulation proceeding, the City may request additional information from the Cable Operator that is reasonably necessary to determine the reasonableness of the basic service tier rates and equipment charges. Any such additional information submitted to the City shall be verified by an appropriate official of the cable television system supervising the preparation of the response on behalf of the entity, and submitted by way of affidavit or under penalty of perjury, stating that the response is true and accurate to the best of that person’s knowledge, information and belief formed after reasonable inquiry.


CHAPTER 116 REGULATION OF CABLE TELEVISION RATES

5. The City may request proprietary information, provided that the City shall consider a timely request from the Cable Operator that said proprietary information shall not be made available for public information, consistent with the procedures set forth in Section 0.459 of the FCC Rules and Regulations. Furthermore, said proprietary information may be used only for the purpose of determining the reasonableness of the rates and charges or the appropriate rate level based on a cost-of-service showing submitted by the Cable Operator.

6. The City may exercise all powers under the laws of evidence applicable to administrative proceedings under the laws of the State of Iowa and by the City to discover any information relevant to the rate regulation proceeding, including, but not limited to, subpoena, interrogatories, production of documents, and deposition.

7. Upon termination of the rate regulation proceeding, the City shall adopt and release a written decision as to whether or not the rate or proposed rate increase is reasonable or unreasonable, and, if unreasonable, its remedy, including prospective rate reduction, rate prescription, and refunds.

8. The City may not impose any fines, penalties, forfeitures or other sanctions, other than permitted by the FCC Rules and Regulations, for charging an unreasonable rate or proposing an unreasonable rate increase.

9. Consistent with FCC Rules and Regulations, the City’s decision may be reviewed only by the FCC.

10. The City shall be authorized, at any time, whether or not in the course of a rate regulation proceeding, to gather information as necessary to exercise its jurisdiction as authorized by the Communications Act of 1934, as amended, and the FCC Rules and Regulations. Any information submitted to the City shall be verified by an appropriate official of the cable television system supervising the preparation of the response on behalf of the entity, and submitted by way of affidavit or under penalty of perjury, stating that the response is true and accurate to the best of that person’s knowledge, information and belief formed after reasonable inquiry.

116.03 CERTIFICATION. The City shall file with the FCC the required certification form (FCC Form 328) on September 1, 1993, or as soon thereafter as appropriate. Thirty days later, or as soon thereafter as appropriate, the City shall notify the Cable Operator that the City has been certified by the FCC and that it has adopted all necessary regulations so as to begin regulating basic service tier cable television rates and equipment charges.

116.04 NOTICE OF RATE CHANGE. With regard to the cable programming service tier, as defined by the Communications Act of 1934, as amended, and the FCC Rules and Regulations, and over which the City is not empowered to exercise rate regulation, the Cable Operator shall give notice to the City of any change in rates for the cable programming service tier or tiers, any change in the charge for equipment required to receive the tier or tiers, and any changes in the nature of the services provided, including the program services included in the tier or tiers. Said notice shall be provided within five (5) business days after the change becomes effective.

116.05 DELEGATION OF POWER. The City may delegate its powers to enforce this chapter to municipal employees or officers (the “cable official”). The cable official will have the authority to:

1. Administer oaths and affirmations;



2. Issue subpoenas;

3. Examine witnesses;

4. Rule upon questions of evidence;

5. Take or cause depositions to be taken;

6. Conduct proceedings in accordance with this chapter;

7. Exclude from the proceeding any person engaging in contemptuous conduct or otherwise disrupting the proceedings;

8. Hold conferences for the settlement or simplification of the issues by consent of the parties; and

9. Take actions and make decisions or recommend decisions in conformity with this chapter.


CHAPTER 117

REMOVAL OF UTILITY FACILITIES117.01 Definitions 117.04 Appeal Procedure117.02 Relocate or Remove 117.05 Violation117.03 Notice

117.01 DEFINITIONS. For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number.

1. “Company” means any individual, partnership, cooperative, business association, or corporation owning or operating, within the corporate limits of the City, any facilities for furnishing electricity, cable TV, and telephone to the public for compensation.

2. “Facilities” means any overhead electrical, cable TV, and telephone transmission or distribution line, along with related equipment and appurtenances.

3. “Person” means an individual, partnership, cooperative, association, organization, corporation, or any lawful successor, transferee, or assignee of said individual, partnership, cooperative, association, organization, or corporation.

4. “Street” means each of the following which have been, or in the future are, dedicated to the public, maintained under public authority, and located within the City limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, City-owned easements, rights-of-way, and similar public ways and extensions and additions thereto.

5. “Superintendent” means the “Superintendent of Electric Transmission” of the City.

117.02 RELOCATE OR REMOVE. A company shall, at no expense to the City, relocate or remove, permanently, any of its facilities when, in the opinion of the Superintendent, the same is required by reason of removal of Forest City Municipal electric wires and poles or any other company’s facilities, whether acting in a governmental or proprietary capacity and any general program under which the City shall undertake to cause all such facilities to be located underground.

117.03 NOTICE. The Superintendent shall give written notice to the company, whose facilities are required to be moved. Said notice shall include location of facilities to be removed, the date by which facilities will be removed, and will be mailed to the person responsible for the facilities within the City.

117.04 APPEAL PROCEDURE. Within 10 days of the mailing of the notice, heretofore discussed in Section 117.03, the company may file with the Clerk a written Notice of Appeal. The written Notice of Appeal shall state the location of the facilities to be removed and the reason the company does not wish to remove said facilities. Within 30 days of the receipt of said notice, the Clerk shall place the appeal on the agenda of a regularly scheduled Council


CHAPTER 117 REMOVAL OF UTILITY FACILITIES

meeting, or at a special Council meeting called for the purpose of hearing the appeal. The Clerk shall give written notice to the company of the trust place of the hearing. At said hearing the company may present evidence. The Council shall make a final determination within 30 days of the hearing.

117.05 VIOLATION. Each day a violation of any provision of this chapter occurs shall be treated as a separate offense.



CHAPTER 120

LIQUOR LICENSES AND WINE AND BEER PERMITS120.01 License or Permit Required 120.04 Action by Council120.02 General Prohibition 120.05 Prohibited Sales and Acts120.03 Investigation 120.06 Amusement Devices

120.01 LICENSE OR PERMIT REQUIRED. No person shall manufacture for sale, import, sell, or offer or keep for sale, alcoholic liquor, wine, or beer without first securing a liquor control license, wine permit or beer permit in accordance with the provisions of Chapter 123 of the Code of Iowa.

(Code of Iowa, Sec. 123.22, 123.122 & 123.171)

120.02 GENERAL PROHIBITION. It is unlawful to manufacture for sale, sell, offer or keep for sale, possess or transport alcoholic liquor, wine or beer except upon the terms, conditions, limitations and restrictions enumerated in Chapter 123 of the Code of Iowa, and a license or permit may be suspended or revoked or a civil penalty may be imposed for a violation thereof.

(Code of Iowa, Sec. 123.2, 123.39 & 123.50)

120.03 INVESTIGATION. Upon receipt of an application for a liquor license, wine or beer permit, the Clerk may forward it to the Police Chief, who shall then conduct an investigation and submit a written report as to the truth of the facts averred in the application. The Fire Chief may also inspect the premises to determine if they conform to the requirements of the City. The Council shall not approve an application for a license or permit for any premises which does not conform to the applicable law and ordinances, resolutions and regulations of the City.


120.04 ACTION BY COUNCIL. The Council shall either approve or disapprove the issuance of the liquor control license or retail wine or beer permit and shall endorse its approval or disapproval on the application, and thereafter the application, necessary fee and bond, if required, shall be forwarded to the Alcoholic Beverages Division of the State Department of Commerce for such further action as is provided by law.


120.05 PROHIBITED SALES AND ACTS. A person or club holding a liquor license or retail wine or beer permit and the person’s or club’s agents or employees shall not do any of the following:

1. Sell, dispense or give to any intoxicated person, or one simulating intoxication, any alcoholic liquor, wine or beer.


2. Sell or dispense any alcoholic beverage, wine or beer on the premises covered by the license or permit, or permit its consumption thereon between the hours of 2:00 a.m. and 6:00 a.m. on a weekday, and between the hours of 2:00 a.m. on Sunday and 6:00 a.m. on the following Monday; however, a holder of a license or permit granted the privilege of selling alcoholic liquor, beer or wine on Sunday may sell or dispense alcoholic liquor, beer or wine


CHAPTER 120 LIQUOR LICENSES AND WINE AND BEER PERMITS

between the hours of 8:00 a.m. on Sunday and 2:00 a.m. of the following Monday, and further provided that a holder of any class of liquor control license or the holder of a class “B” beer permit may sell or dispense alcoholic liquor, wine or beer for consumption on the premises between the hours of 8:00 a.m. on Sunday and 2:00 a.m. on Monday when that Monday is New Year’s Day and beer for consumption off the premises between the hours of 8:00 a.m. on Sunday and 2:00 a.m. on the following Monday when that Sunday is the day before New Year’s Day.

(Code of Iowa, Sec. 123.49[2b and 2k] & 123.150)

3. Sell alcoholic beverages, wine or beer to any person on credit, except with a bona fide credit card. This provision does not apply to sales by a club to its members, to sales by a hotel or motel to bona fide registered guests or to retail sales by the managing entity of a convention center, civic center or events center.


4. Employ a person under eighteen (18) years of age in the sale or serving of alcoholic liquor, wine or beer for consumption on the premises where sold.


5. In the case of a retail beer or wine permittee, knowingly allow the mixing or adding of alcohol or any alcoholic beverage to beer, wine or any other beverage in or about the permittee’s place of business.

(Code of Iowa, Sec. 123.49[2i])

6. Knowingly permit any gambling, except in accordance with Iowa law, or knowingly permit any solicitation for immoral purposes, or immoral or disorderly conduct on the premises covered by the license or permit.


7. Knowingly permit or engage in any criminal activity on the premises covered by the license or permit.

(Code of Iowa, Sec. 123.49[2j])

8. Keep on premises covered by a liquor control license any alcoholic liquor in any container except the original package purchased from the Alcoholic Beverages Division of the State Department of Commerce and except mixed drinks or cocktails mixed on the premises for immediate consumption. However, mixed drinks or cocktails that are mixed on the premises and are not for immediate consumption may be consumed on the licensed premises, subject to rules adopted by the Alcoholic Beverages Division.

(Ord. 730 – Sep. 12 Supp.)(Code of Iowa, Sec. 123.49[2d])

9. Reuse for packaging alcoholic liquor or wine any container or receptacle used originally for packaging alcoholic liquor or wine; or adulterate, by the addition of any substance, the contents or remaining contents of an original package of an alcoholic liquor or wine; or knowingly possess any original package which has been reused or adulterated.


10. Allow any person other than the licensee, permittee or employees of the licensee or permittee to use or keep on the licensed premises any alcoholic liquor in any bottle or other container which is designed for the transporting of such beverages, except as allowed by State law.

(Code of Iowa, Sec. 123.49[2g])



11. Sell, give, possess or otherwise supply a machine which is used to vaporize an alcoholic beverage for the purpose of being consumed in a vaporized form.


12. Permit or allow any person under twenty-one (21) years of age to remain upon licensed premises unless over fifty percent (50%) of the dollar volume of the business establishment comes from the sale and serving of prepared foods or as otherwise allowed in this chapter. This provision does not apply to holders of a class “C” beer permit only. (Ord. 711 – Oct. 10 Supp.)

13. Any person 18, 19 or 20 years of age, may remain upon a licensed premises when less than fifty percent (50%) of the dollar volume of the business establishment comes from the sale and serving of prepared foods under the following terms and conditions:

A. During the hours of operation there will be a full-time person at the door checking ID’s to establish the age of all persons entering said premises and using a reliable method of designating the persons 21 years of age or older.

B. During the hours of operation, any establishment operating under this subsection shall be required to monitor periodically throughout the evening to ensure that no individual under the age of 21 years of age is consuming alcoholic beverages.

(Ord. 711 – Oct. 10 Supp.)

120.06 AMUSEMENT DEVICES.(Code of Iowa, Sec. 99B.10C)

1. As used in this section an “electronic or mechanical amusement device” means a device that awards a prize redeemable for merchandise on the premises where the device is located and which is required to be registered with the Iowa Department of Inspection and Appeals.

2. It is unlawful for any person under the age of twenty-one (21) to participate in the operation of an electrical or mechanical amusement device.

3. It is unlawful for any person owning or leasing an electrical or mechanical amusement device, or an employee of a person owning or leasing an electrical or mechanical amusement device, to knowingly allow a person under the age of 21 to participate in the operation of an electrical or mechanical amusement device.

4. It is unlawful for any person to knowingly participate in the operation of an electrical or mechanical amusement device with a person under the age of 21.


CHAPTER 121

CIGARETTE AND TOBACCO PERMITS 121.01 Definitions 121.06 Refunds121.02 Permit Required 121.07 Persons Under Legal Age121.03 Application 121.08 Self-service Sales Prohibited121.04 Fees 121.09 Permit Revocation121.05 Issuance and Expiration

121.01 DEFINITIONS. For use in this chapter the following terms are defined:(Code of Iowa, Sec. 453A.1)

1. “Carton” means a box or container of any kind in which ten or more packages or packs of cigarettes or tobacco products are offered for sale, sold or otherwise distributed to consumers.

2. “Cigarette” means any roll for smoking made wholly or in part of tobacco, or any substitute for tobacco, irrespective of size or shape and irrespective of tobacco or any substitute for tobacco being flavored, adulterated or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any other material. However, this definition is not to be construed to include cigars.

3. “Package” or “pack” means a container of any kind in which cigarettes or tobacco products are offered for sale, sold or otherwise distributed to consumers.

4. “Place of business” means any place where cigarettes or tobacco products are sold, stored or kept for the purpose of sale or consumption by a retailer.

5. “Retailer” means every person who sells, distributes or offers for sale for consumption, or possesses for the purpose of sale for consumption, cigarettes, irrespective of the quantity or amount or the number of sales or who engages in the business of selling tobacco products to ultimate consumers.

6. “Self-service display” means any manner of product display, placement or storage from which a person purchasing the product may take possession of the product, prior to purchase, without assistance from the retailer or employee of the retailer, in removing the product from a restricted access location.

7. “Tobacco products” means the following: cigars; little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff; cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts or refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or for both chewing and smoking, but does not mean cigarettes.

121.02 PERMIT REQUIRED.

1. Cigarette Permits. It is unlawful for any person, other than a holder of a retail permit, to sell cigarettes at retail and no retailer shall distribute, sell or solicit the sale of any cigarettes within the City without a valid permit for each place of business. The permit shall, at all times, be publicly displayed at the place of business so as to be easily seen by the public and the persons authorized to inspect the place of business.


CHAPTER 121 CIGARETTE AND TOBACCO PERMITS


2. Tobacco Permits. It is unlawful for any person to engage in the business of a retailer of tobacco products at any place of business without first having received a permit as a tobacco products retailer for each place of business owned or operated by the retailer.

(Code of Iowa, Sec. 453A.47A)

A retailer who holds a cigarette permit is not required to also obtain a tobacco permit. However, if a retailer only holds a cigarette permit and that permit is suspended, revoked or expired, the retailer shall not sell any cigarettes or tobacco products during such time.

121.03 APPLICATION. A completed application on forms furnished by the State Department of Revenue or on forms made available or approved by the Department and accompanied by the required fee shall be filed with the Clerk. Renewal applications shall be filed at least five (5) days prior to the last regular meeting of the Council in June. If a renewal application is not timely filed, and a special Council meeting is called to act on the application, the costs of such special meeting shall be paid by the applicant.

(Code of Iowa, Sec. 453A.13 & 453A.47A)

121.04 FEES. The fee for a retail cigarette or tobacco permit shall be as follows: (Code of Iowa, Sec. 453A.13 & 453A.47A)

FOR PERMITS GRANTED DURING: FEE:July, August or September $ 75.00

October, November or December $ 56.25January, February or March $ 37.50

April, May or June $ 18.75

121.05 ISSUANCE AND EXPIRATION. Upon proper application and payment of the required fee, a permit shall be issued. Each permit issued shall describe clearly the place of business for which it is issued and shall be nonassignable. All permits expire on June 30 of each year. The Clerk shall submit a duplicate of any application for a permit, and any permit issued, to the Iowa Department of Public Health within thirty (30) days of issuance.

121.06 REFUNDS. A retailer may surrender an unrevoked permit and receive a refund from the City, except during April, May or June, in accordance with the schedule of refunds as provided in Section 453A.13 or 453A.47A of the Code of Iowa.

(Code of Iowa, 453A.13 & 453A.47A)

121.07 PERSONS UNDER LEGAL AGE. No person shall sell, give or otherwise supply any tobacco, tobacco products or cigarettes to any person under eighteen (18) years of age. The provision of this section includes prohibiting a minor from purchasing cigarettes or tobacco products from a vending machine. If a retailer or employee of a retailer violates the provisions of this section, the Council shall, after written notice and hearing, and in addition to the other penalties fixed for such violation, assess the following:

1. For a first violation, the retailer shall be assessed a civil penalty in the amount of three hundred dollars ($300.00). Failure to pay the civil penalty as ordered under this subsection shall result in automatic suspension of the permit for a period of fourteen (14) days.

2. For a second violation within a period of two (2) years, the retailer shall be assessed a civil penalty in the amount of one thousand five hundred dollars ($1,500.00) or the retailer’s



permit shall be suspended for a period of thirty (30) days. The retailer may select its preference in the penalty to be applied under this subsection.

3. For a third violation within a period of three (3) years, the retailer shall be assessed a civil penalty in the amount of one thousand five hundred dollars ($1,500.00) and the retailer’s permit shall be suspended for a period of thirty (30) days.

4. For a fourth violation within a period of three (3) years, the retailer shall be assessed a civil penalty in the amount of one thousand five hundred dollars ($1,500.00) and the retailer’s permit shall be suspended for a period of sixty (60) days.

5. For a fifth violation with a period of four (4) years, the retailer’s permit shall be revoked.

The Clerk shall give ten (10) days’ written notice to the retailer by mailing a copy of the notice to the place of business as it appears on the application for a permit. The notice shall state the reason for the contemplated action and the time and place at which the retailer may appear and be heard.

(Code of Iowa, Sec. 453A.2, 453A.22 and 453A.36[6])

121.08 SELF-SERVICE SALES PROHIBITED. Beginning January 1, 1999, except for the sale of cigarettes through a cigarette vending machine as provided in Section 453A.36(6) of the Code of Iowa, a retailer shall not sell or offer for sale cigarettes or tobacco products, in a quantity of less than a carton, through the use of a self-service display.

(Code of Iowa, Sec. 453A.36A)

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



CHAPTER 122

PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS

122.01 Purpose 122.11 Revocation of License122.02 Definitions 122.12 Notice122.03 License Required 122.13 Hearing122.04 Application for License 122.14 Record and Determination122.05 License Fees 122.15 Appeal122.06 Bond Required 122.16 Effect of Revocation122.07 License Issued 122.17 Rebates122.08 Display of License 122.18 License Exemptions122.09 License Not Transferable 122.19 Charitable and Nonprofit Organizations122.10 Time Restriction

122.01 PURPOSE. The purpose of this chapter is to protect residents of the City against fraud, unfair competition and intrusion into the privacy of their homes by licensing and regulating peddlers, solicitors and transient merchants.


1. “Peddler” means any person carrying goods or merchandise who sells or offers for sale for immediate delivery such goods or merchandise from house to house or upon the public street.

2. “Solicitor” means any person who solicits or attempts to solicit from house to house or upon the public street any contribution or donation or any order for goods, services, subscriptions or merchandise to be delivered at a future date.

3. “Transient merchant” means any person who engages in a temporary or itinerant merchandising business and in the course of such business hires, leases or occupies any building or structure whatsoever, or who operates out of a vehicle which is parked anywhere within the City limits. Temporary association with a local merchant, dealer, trader or auctioneer, or conduct of such transient business in connection with, as a part of, or in the name of any local merchant, dealer, trader or auctioneer does not exempt any person from being considered a transient merchant.

122.03 LICENSE REQUIRED. Any person engaging in peddling, soliciting or in the business of a transient merchant in the City without first obtaining a license as herein provided is in violation of this chapter.

122.04 APPLICATION FOR LICENSE. An application in writing shall be filed with the Clerk for a license under this chapter. Such application shall set forth the applicant’s name, permanent and local address and business address if any. The application shall also set forth the applicant’s employer, if any, and the employer’s address, the nature of the applicant’s business, the last three places of such business and the length of time sought to be covered by the license. An application fee of two dollars ($2.00) shall be paid at the time of filing such application to cover the cost of investigating the facts stated therein.


CHAPTER 122 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS

122.05 LICENSE FEES. The following license fees shall be paid to the Clerk prior to the issuance of any license.

1. Solicitors. In addition to the application fee for each person actually soliciting (principal or agent), a fee for the principal of ten dollars ($10.00) per year.

2. Peddlers or Transient Merchants.

A. For one day.................................................$ 15.00

B. For one week..............................................$ 25.00

C. For up to six (6) months.............................$ 50.00

D. For one year or major part thereof.............$ 100.00

122.06 BOND REQUIRED. Before a license under this chapter is issued to a transient merchant, an applicant shall provide to the Clerk evidence that the applicant has filed a bond with the Secretary of State in accordance with Chapter 9C of the Code of Iowa.

122.07 LICENSE ISSUED. If the Clerk finds the application is completed in conformance with the requirements of this chapter, the facts stated therein are found to be correct and the license fee paid, a license shall be issued immediately.

122.08 DISPLAY OF LICENSE. Each solicitor or peddler shall keep such license in possession at all times while doing business in the City and shall, upon the request of prospective customers, exhibit the license as evidence of compliance with all requirements of this chapter. Each transient merchant shall display publicly such merchant’s license in the merchant’s place of business.

122.09 LICENSE NOT TRANSFERABLE. Licenses issued under the provisions of this chapter are not transferable in any situation and are to be applicable only to the person filing the application.

122.10 TIME RESTRICTION. All peddler’s and solicitor’s licenses shall provide that said licenses are in force and effect only between the hours of 8:00 a.m. and 7:00 p.m.

122.11 REVOCATION OF LICENSE. After notice and hearing, the Clerk may revoke any license issued under this chapter for the following reasons:

1. Fraudulent Statements. The licensee has made fraudulent statements in the application for the license or in the conduct of the business.

2. Violation of Law. The licensee has violated this chapter or has otherwise conducted the business in an unlawful manner.

3. Endangered Public Welfare, Health or Safety. The licensee has conducted the business in such manner as to endanger the public welfare, safety, order or morals.

122.12 NOTICE. The Clerk shall send a notice to the licensee at the licensee’s local address, not less than ten (10) days before the date set for a hearing on the possible revocation of a license. Such notice shall contain particulars of the complaints against the licensee, the ordinance provisions or State statutes allegedly violated, and the date, time and place for hearing on the matter.


SHARON THRASH, 04/04/07,

Page: 30 “Typical” fees are found at samples\misc\fees.doc


122.13 HEARING. The Clerk shall conduct a hearing at which both the licensee and any complainants shall be present to determine the truth of the facts alleged in the complaint and notice. Should the licensee, or authorized representative, fail to appear without good cause, the Clerk may proceed to a determination of the complaint.

122.14 RECORD AND DETERMINATION. The Clerk shall make and record findings of fact and conclusions of law, and shall revoke a license only when upon review of the entire record the Clerk finds clear and convincing evidence of substantial violation of this chapter or State law.

122.15 APPEAL. If the Clerk revokes or refuses to issue a license, the Clerk shall make a part of the record the reasons therefor. The licensee, or the applicant, shall have a right to a hearing before the Council at its next regular meeting. The Council may reverse, modify or affirm the decision of the Clerk by a majority vote of the Council members present and the Clerk shall carry out the decision of the Council.

122.16 EFFECT OF REVOCATION. Revocation of any license shall bar the licensee from being eligible for any license under this chapter for a period of one year from the date of the revocation.

122.17 REBATES. Any licensee, except in the case of a revoked license, shall be entitled to a rebate of part of the fee paid if the license is surrendered before it expires. The amount of the rebate shall be determined by dividing the total license fee by the number of days for which the license was issued and then multiplying the result by the number of full days not expired. In all cases, at least five dollars ($5.00) of the original fee shall be retained by the City to cover administrative costs.

122.18 LICENSE EXEMPTIONS. The following are excluded from the application of this chapter.

1. Newspapers. Persons delivering, collecting for or selling subscriptions to newspapers.

2. Club Members. Members of local civic and service clubs, Boy Scout, Girl Scout, 4-H Clubs, Future Farmers of America and similar organizations.

3. Local Residents and Farmers. Local residents and farmers who offer for sale their own products.

4. Students. Students representing the Forest City School District conducting projects sponsored by organizations recognized by the school.

5. Route Sales. Route delivery persons who only incidentally solicit additional business or make special sales.

6. Resale or Institutional Use. Persons customarily calling on businesses or institutions for the purposes of selling products for resale or institutional use.

122.19 CHARITABLE AND NONPROFIT ORGANIZATIONS. Authorized representatives of charitable or nonprofit organizations operating under the provisions of Chapter 504A of the Code of Iowa desiring to solicit money or to distribute literature are exempt from the operation of Sections 122.04 and 122.05. All such organizations are required to submit in writing to the Clerk the name and purpose of the cause for which such activities are sought, names and addresses of the officers and directors of the organization, the period during which such activities are to be carried on, and whether any commissions, fees or wages



are to be charged by the solicitor and the amount thereof. If the Clerk finds that the organization is a bona fide charity or nonprofit organization the Clerk shall issue, free of charge, a license containing the above information to the applicant. In the event the Clerk denies the exemption, the authorized representatives of the organization may appeal the decision to the Council, as provided in Section 122.15 of this chapter.


CHAPTER 123

HOUSE MOVERS 123.01 House Mover Defined 123.06 Insurance Required123.02 Permit Required 123.07 Permit Issued123.03 Application 123.08 Public Safety123.04 Approval by Clerk 123.09 Time Limit123.05 Bond Required 123.10 Removal by City

123.01 HOUSE MOVER DEFINED. A “house mover” means any person who undertakes to move a house, building or similar structure upon, over or across public streets or property when the building or structure exceeds the legal width, height or length limitations established in Chapter 321 of the Code of Iowa or is of such size that it requires the use of skids, jacks, dollies or any other specialized moving equipment.

123.02 PERMIT REQUIRED. It is unlawful for any person to engage in the activity of house mover as herein defined without a valid permit from the City for each house, building or similar structure to be moved. Buildings of less than one hundred (100) square feet are exempt from the provisions of this chapter.

123.03 APPLICATION. Application for a house mover’s permit shall be made in writing to the Clerk. The application shall include:

1. Name and Address. The applicant’s full name and address and if a corporation the names and addresses of its principal officers.

2. Building Location. An accurate description of the present location and future site of the building or similar structure to be moved.

3. Building Weight. A statement that there shall be at least one inch of wheel for each 1,000 pounds of weight of the building or structure and that the building or structure to be moved will not exceed 25,000 pounds per axle.

4. Erection of Protective Fence. A statement that on the day the building or structure is moved, the property owner will erect a protective fence around any depression, opening or ditch remaining after the movement of the building or structure.

5. Statement by Contractor. A written statement by a contractor that all sanitary drains shall be blocked by four to six inches of concrete; that four 2 x 2 holes shall be opened in the concrete basement floor; and that the opening, depression or ditch shall be filled in, graded and returned to as near its natural state as reasonably possible within thirty (30) days after the building is moved. In lieu of this provisions, within thirty (30) days there may be filed with the Clerk plans for construction (commencing within six months) of a new building or structure on the premises complying with all zoning laws.

123.04 APPROVAL BY CLERK. The Clerk shall approve the application and shall attach such approval to the application stating the following:

1. Police Escort. The necessary police escort or an escort by a person with an official escort authorization card has been obtained. If a police escort is used, a deposit for payment of the police escort has been paid, and the Police Chief or person with an official escort


CHAPTER 123 HOUSE MOVERS

authorization card has investigation the proposed route over which the building or structure will be moved and has approved the route.

2. Utilities Disconnected. The utilities have been disconnected or will be disconnected by the date the building or structure will be moved.

3. Removal of Overhead Lines. A public utility official has investigated the proposed route and the necessary provisions have been made for disconnections of any overhead electrical lines, overhead telephone wires or cable television wires and that a deposit for payment of such disconnections (of both the building itself and the overhead wires) has been paid.

The amount of the deposits referred to herein shall be in amounts reasonably calculated to assure substantial payment of the costs for escort and utility disconnections.

123.05 BOND REQUIRED. The applicant shall post with the Clerk a penal bond in the minimum sum of five thousand dollars ($5,000.00) issued by a surety company authorized to issue such bonds in the State. The bond shall guarantee the permittee’s payment for any damage done to the City or to public property, and payment of all costs incurred by the City in the course of moving the building or structure.

123.06 INSURANCE REQUIRED. Each applicant shall also file a certificate of insurance indicating that the applicant is carrying public liability insurance in effect for the duration of the permit and stating that the insurance covers house moving activities for the applicant and all agents and employees for the following minimum amounts:

1. Bodily Injury/Property Damage – $500,000.

2. General Liability – $500,000 each occurrence.

3. Worker’s Compensation – statutory limits (if the move is for hire).

4. Iowa Contractor’s License (if the move is for hire).

123.07 PERMIT ISSUED. Upon approval of the application and filing of bond and insurance certificate, the Clerk shall issue a written permit signed by the Mayor. A separate permit shall be required for each house, building or similar structure to be moved.

123.08 PUBLIC SAFETY. At all times when a building or similar structure is in motion upon any street, alley, sidewalk or public property, the permittee shall maintain flagmen at the closest intersections or other possible channels of traffic to the sides, behind and ahead of the building or structure. At all times when the building or structure is at rest upon any street, alley, sidewalk or public property the permittee shall maintain adequate warning signs or lights at the intersections or channels of traffic to the sides, behind and ahead of the building or structure.

123.09 TIME LIMIT. No house mover shall permit or allow a building or similar structure to remain upon any street or other public way for a period of more than twelve (12) hours without having first secured the written approval of the City.

123.10 REMOVAL BY CITY. In the event any building or similar structure is found to be in violation of Section 123.09, the City is authorized to remove such building or structure and assess the costs thereof against the permit holder and the surety on the permit holder’s bond.


CHAPTER 123 HOUSE MOVERS



CHAPTER 124

JUNK DEALERS AND JUNK YARDS124.01 Definitions 124.05 Revocation of Permit124.02 Permit Required 124.06 Right of Entry124.03 Notification of Application 124.07 Requirements for Junk Yards124.04 Permit Nontransferable 124.08 Other Requirements

124.01 DEFINITIONS. Except where otherwise indicated by the context, the following definitions apply in the interpretation and enforcement of this chapter:

1. “Inoperable motor vehicle” means any motor vehicle which lacks (a) current registration or (b) two or more wheels or other component parts the absence of which renders the vehicle totally unfit for legal use on the highways.

2. “Junk” means old or scrap copper; brass; lead or other nonferrous metal; old rope; rags; batteries; paper; trash; rubber debris; waste; dismantled or inoperable vehicles, machinery and appliances; iron, steel or other old or scrap ferrous material; old discarded glass, tinware, plastic or discarded household goods or hardware.

3. “Junk dealer” means any person who buys, sells, transfers, delivers or stores junk, including all persons who carry on such business at a junk shop or junk yard or as a peddler and any person who by advertisement, sign or otherwise, holds himself or herself out as a junk dealer, or dealer in old discarded metals, machinery, rags, paper stock and the like.

4. “Junk shop” means any building or structure in which a junk dealer stores or places junk in connection with a business of buying, selling or trading junk.

5. “Junk yard” means any place not fully enclosed in a building, used in whole or in part for the storage or deposit of junk, whether in connection with a business or not, which encompasses a place where more than two inoperable motor vehicles or used parts and materials thereof, when taken together, equal the bulk of two motor vehicles, are stored or deposited.

124.02 PERMIT REQUIRED.

1. Every person who carries on the business of junk dealer in the City shall first obtain a permit as herein required.

2. Application for a junk dealer’s permit shall be made to the Council at least twenty (20) days prior to the issuance of such permit. The application shall include:

A. The name and permanent address of the owner;

B. The name and address of the operator if different from the owner;

C. The location of the proposed site for a junk yard or junk shop;

D. A sketch showing the specific area that will be covered by the permit;

E. A list of the names and addresses of all adjacent property owners; and

F. Proof that a zoning permit has been obtained for use of the proposed site as a junk yard or junk shop.


CHAPTER 124 JUNK DEALERS AND JUNK YARDS

3. Any person wishing to expand a junk yard or junk shop beyond the specific area approved for a permit shall obtain a new permit and any person conducting several or separate places of business as a junk dealer shall pay the permit fee and procure a permit for each such place.

4. The fee for application for a junk dealer’s permit is $150.00 and is nonrefundable.

124.03 NOTIFICATION OF APPLICATION. The Council shall send written notification to all adjacent landowners of the proposed site of the junk yard or junk shop that an application for junk dealer’s permit has been received for that location. The Council shall also publish notice in the City newspapers stating that an application for junk dealer’s permit has been received, the location of the proposed site and when the application will be acted on. The Council shall consider all information and comments received concerning the application, but all final determinations shall rest with the Council.

124.04 PERMIT NONTRANSFERABLE. If control of a junk yard is acquired by any owner or operator other than the person holding a permit for the junk yard or junk shop, that person shall, within 15 days, apply for a new permit in the name of the new owner or operator.

124.05 REVOCATION OF PERMIT. After giving a permit holder 30 days’ notice and the opportunity for a hearing, the Council may revoke any permit issued under this chapter if the permit holder fails to comply with the provisions of this chapter or has otherwise conducted the business in an unlawful manner or if the permit holder has presented any false information to the City.

124.06 RIGHT OF ENTRY. As a condition of issuance of every permit, members of the Council, the Police Chief or designees shall have the right of entry to, upon or through any junk yard or junk shop for the purpose of enforcing the provisions of this chapter.

124.07 REQUIREMENTS FOR JUNK YARDS. A junk yard, as defined in this chapter, must be surrounded with a solid, opaque fence of uniform design and color and not less than six feet high, which substantially screens the area in which junk is stored or deposited. The fence must be kept in good repair and shall not be used for advertising displays or signs. Suitable gates, likewise opaque, are required, and such gates shall be closed and locked after business hours or when the junk yard is unattended. A portion of any gate, not to exceed 10 feet in length, may be constructed of a non-opaque material to permit observation of the fenced premises after business hours. No junk shall be permitted to be stored or deposited outside of the fence, nor shall junk be stacked higher than the fence within 30 feet of the fence, nor shall junk be stored in any flood hazard area. If a portion of the perimeter of the junk yard is not in any way subjected to public view, the Council may allow a buffer planting screen of coniferous trees in lieu of the solid opaque fence as required above.

124.08 OTHER REQUIREMENTS.

1. Segregation of Specific Items. Upon order of the Police Chief, each junk dealer shall segregate specific items or categories of items and hold such items until authorized to dispose of the items by the Police Department. The holding period shall be a reasonable time and shall not exceed 45 days.

2. Concealing Articles to Prevent Identification. No junk dealer shall conceal, secrete or destroy any article purchased or received by the junk dealer to prevent identification of such article or of any person claiming the same by law enforcement officers.



3. Disposing of Stolen Goods or Good for Which There is Adverse Claim. No junk dealers shall sell, melt, break up or otherwise dispose of any article which the dealer has reason to believe has been stolen or which is adversely claimed by any person or which the dealer has been notified not to sell or otherwise dispose of by any law enforcement officer without first obtaining a permit in writing from the Police Chief.

4. Clerks, Agents and Employees. Every clerk, agent or employee of any junk dealer shall be subject to and bound by all the provisions of this chapter and liable to the same penalties and to the same extent as the employer or principal for any violation thereof.

5. Conditions Subject to Abatement. If any junk yard or junk shop is kept or operated in a way detrimental to the health and welfare of the public to the extent that a public or private nuisance exists, or is kept or operated contrary to the provisions of this chapter, the Council, in addition to other remedies, may find that the condition constitutes a nuisance and have it abated as provided in Chapter 50 of this Code of Ordinances.


CHAPTER 125

TRANSPORTATION AND DISPOSAL OFSEPTIC TANK AND CESSPOOL REFUSE

125.01 Vehicle Permit Required 125.05 Cleaning of Tanks125.02 Fee For Permit 125.06 Sanitary Disposal Requirements125.03 Maintenance and Identification of Vehicle 125.07 Discharge Into Sewage Treatment System Unlawful125.04 Tank Required 125.08 Unlawful Transport or Discharge

125.01 VEHICLE PERMIT REQUIRED. The owner of every vehicle used for the purpose of cleaning or disposing of waste materials from sewage disposal systems shall obtain a written permit annually from the Clerk. In order to secure a permit, the owner shall provide the following information to the City:

1. Full name;

2. Address;

3. Vehicle make;

4. Vehicle license;

5. Truck tank capacity in gallons.

125.02 FEE FOR PERMIT. No vehicle used for the purpose of cleaning sewage disposal systems or disposing of waste removed from sewage disposal systems may be operated or used for that purpose in the City without first obtaining a $25.00 annual permit from the City.

125.03 MAINTENANCE AND IDENTIFICATION OF VEHICLE. The owner of every vehicle used for the purpose of cleaning sewage disposal systems or disposing of waste removed from sewage disposal systems shall keep the vehicle and equipment in clean, well-painted and sanitary condition, and shall have lettered thereon in three-inch-high letters the name, address and registration certificate number of each truck.

125.04 TANK REQUIRED. Every vehicle used for the purpose of cleaning sewage disposal systems or disposing of waste removed from sewage disposal systems shall have a tank which is completely enclosed and liquid-tight.

125.05 CLEANING OF TANKS. Any tank used for the purpose of cleaning sewage disposal systems or disposing of waste removed from sewage disposal systems shall be cleaned each day or after being used for the above purposes.

125.06 SANITARY DISPOSAL REQUIREMENTS. The collection, storage, transportation and disposal of all human excreta shall be carried out in a sanitary manner which does not endanger the public health or create a nuisance condition.

125.07 DISCHARGE INTO SEWAGE TREATMENT SYSTEM UNLAWFUL. It is unlawful for any person to discharge or cause to be discharged any cleanings or other materials originating from a septic tank, cesspool or other sanitary sewage treatment device


CHAPTER 125 TRANSPORTATION AND DISPOSAL OFSEPTIC TANK AND CESSPOOL REFUSE

from any vehicles into the City’s sanitary sewage treatment system in any manner, at any location in the City.

125.08 UNLAWFUL TRANSPORT OR DISCHARGE. A peace officer who discovers that any cleanings or other materials originating from a septic tank, cesspool or other sanitary sewage treatment device are or have been discharged from any vehicle or container into the City public sanitary sewer system at any location in the City shall summarily arrest the offender and likewise seize the conveyance used to effect the transportation and discharge of the cleanings or other materials originating from a septic tank, cesspool or other sanitary sewage treatment device.



CHAPTER 135

STREET USE AND MAINTENANCE135.01 Removal of Warning Devices 135.09 Excavations 135.02 Obstructing or Defacing 135.10 Maintenance of Parking or Terrace 135.03 Placing Debris On 135.11 Failure to Maintain Parking or Terrace135.04 Playing In 135.12 Dumping of Snow 135.05 Traveling on Barricaded Street or Alley 135.13 Accumulation of Snow at Corners135.06 Use for Business Purposes 135.14 Driveway Culverts 135.07 Washing Vehicles 135.15 Paving of Alleys135.08 Burning Prohibited

135.01 REMOVAL OF WARNING DEVICES. It is unlawful for a person to willfully remove, throw down, destroy or carry away from any street or alley any lamp, obstruction, guard or other article or things, or extinguish any lamp or other light, erected or placed thereupon for the purpose of guarding or enclosing unsafe or dangerous places in said street or alley without the consent of the person in control thereof.


135.02 OBSTRUCTING OR DEFACING. It is unlawful for any person to obstruct, deface, or injure any street or alley in any manner.


135.03 PLACING DEBRIS ON. It is unlawful for any person to throw or deposit on any street or alley any glass, glass bottle, nails, tacks, wire, cans, trash, garbage, rubbish, litter, offal, leaves, grass or any other debris likely to be washed into the storm sewer and clog the storm sewer, or any substance likely to injure any person, animal or vehicle.


135.04 PLAYING IN. It is unlawful for any person to coast, sled or play games on streets or alleys, except in the areas blocked off by the City for such purposes.


135.05 TRAVELING ON BARRICADED STREET OR ALLEY. It is unlawful for any person to travel or operate any vehicle on any street or alley temporarily closed by barricades, lights, signs, or flares placed thereon by the authority or permission of any City official, police officer or member of the fire department.

135.06 USE FOR BUSINESS PURPOSES. It is unlawful to park, store or place, temporarily or permanently, any machinery or junk or any other goods, wares, and merchandise of any kind upon any street or alley for the purpose of storage, exhibition, sale or offering same for sale, without permission of the Council.

135.07 WASHING VEHICLES. It is unlawful for any person to use any public sidewalk, street or alley for the purpose of washing or cleaning any automobile, truck equipment, or any vehicle of any kind when such work is done for hire or as a business. This does not prevent any person from washing or cleaning his or her own vehicle or equipment when it is lawfully parked in the street or alley.


CHAPTER 135 STREET USE AND MAINTENANCE

135.08 BURNING PROHIBITED. No person shall burn any trash, leaves, rubbish or other combustible material in any curb and gutter or on any paved or surfaced street or alley.

135.09 EXCAVATIONS. No person shall excavate on City property where any facilities, as herein defined, are placed or cause excavation on City property where any facilities are located without having fully complied with the following provisions:

1. Definitions. For use in this section the following terms are defined:

A. “Excavation” means a cavity formed by cutting, digging or scooping.

B. “Facilities” means any of the following underground lines, along with their related equipment and appurtenances:

(1) Electrical underground transmission or distribution line;

(2) Natural gas, petroleum or liquid transmission or distribution line;

(3) Water transmission or distribution mains or lines;

(4) Sanitary sewer transmission or distribution mains or lines;

(5) Storm sewer transmission or distribution mains or lines;

(6) Cable television transmission or distribution mains or lines; and

(7) Telephone communication transmission or distribution mains or lines.

2. Permit Required. A person must obtain an excavation permit from the Clerk prior to the excavating on City property where facilities are located. The Clerk shall issue the excavation permit or reject the application in writing within two working days of the date of application.

3. Application. At least two working days prior to the time the excavation is to commence, an application shall be filed with the Clerk and shall include a list of persons other than the City who own facilities located within the area where the excavation is to occur. The application should also include a sworn affidavit that the notice was in fact given to the persons who own the facilities located within such area. The application shall be of sufficient detail to show the location and depth of the facilities in relation to property lines, easements and other facilities.

4. Certificate of Insurance. The application shall be accompanied by a certificate of insurance naming the City as the insured (or in the case of a facility owned by someone other than the City, the owner of the facility) and showing liability amounts of not less than the following:

A. $250,000 per person;

B. $500,000 per incident or accident.

The application does not require the certificate of insurance if the applicant has filed annually a certificate of insurance conforming to the requirements of this subsection.

5. Permit Fee. The application shall be accompanied by a permit fee in the amount of ten dollars ($10.00) per project, unless the applicant has a current excavation license. Said excavation license must be renewed annually and the City shall determine the annual license fee by resolution of the Council.



6. Review of Plans and Specifications. The Clerk shall review the plans and specifications and shall immediately contact the various departments within the City who may have facilities located within the area where the proposed excavation is to be completed. The Clerk may require such changes and revisions as are necessary to insure that the plans and specifications meet the standards established by the City and coordinate placement of facilities within City property so as not to provide interference with other facilities.

7. Return of Plans and Specifications. One set of plans and specifications showing any changes or revisions by the Clerk shall be returned to the person with the excavation permit. Construction shall not deviate from the approved plans and specifications without the approval of the Clerk.

8. Expiration. Each permit shall expire within thirty (30) days after the date of issuance, and no such permit shall authorize any work being done after such time. The Clerk and the permit holder may agree to an alternative expiration date if the project is of sufficient size that completion within 30 days is not possible.

9. Timing. After holding a preconstruction conference with the person making the application, the Clerk may postpone the effective date of an excavation date on an excavation permit until such time as the permit holder’s work will not interfere with the street construction or with the construction of other public utilities.

10. Denial of Permit. Violation by a person of any requirements of this section shall be grounds for the Clerk to deny an excavation permit for any work to be done by or for that person until such time as the violation has been corrected. These should be the only grounds for the denial of an excavation permit. Within two (2) working days after discovery of a violation, the Clerk shall notify the permit holder in writing. A denial of an excavation permit may be appealed by said person to the Council.

11. As-built Plans. Within sixty (60) days after the completion of the construction, the permit holder shall file with the Clerk one set of as-built plans. Such plans shall be of sufficient detail to show the exact location and depth of other facilities, if any, in relation to property lines, easements, topographical and geographical features.

12. Emergency Work. In emergency situations a company may initiate work without first obtaining an excavation permit. However, said person shall notify the Clerk before back filling. Within two (2) working days after the commencement of the work, the person shall file an application for permit. All emergency work must conform to other applicable provisions of this section, except that the plans and specifications may be filed at the time of making the application for an excavation permit.

13. Observation and Inspection. The Clerk is charged with enforcing the provisions of this chapter. In order to insure compliance with this section and with an excavation permit, the Clerk shall have the right to observe and inspect all excavation prior to back filling. The Clerk may order the repair of any damaged facilities.

14. Excavation Standards. All excavation within the City upon City property shall:

A. Be located so as to cause minimum interference with the proper use of City property and to cause minimum interference with the right or reasonable convenience of property owners who adjoin any City property where said excavation is located;

B. Be located so as to provide adequate site distances and so as not to obstruct any traffic signals or signs.

If any site distances are inadequate or any traffic signals or signs are obstructed by the person, that person shall, at no expense to the City and in accordance with the Manual



on Uniform Traffic Control Devices for Streets and Highways, temporarily relocate either the City’s facilities or the traffic signals or signs.

15. Completion by the City. Should any excavation in any street or alley be left open or unfinished for a period of twenty-four (24) hours or should the work be improperly done, the City has the right to finish or correct such work and the expense shall be charged to the permit holder/property owner.

16. Responsibility for Costs. All costs and expenses incident to the excavation shall be borne by the permit holder and/ or property owner. The permit holder and owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by such excavation.

17. Indemnification. The person shall defend at his or her own expense in the name of and on behalf of the City and shall indemnify and save harmless the City from any and all claims, suites, losses, damages, costs or expenses, whether caused or contributed to by the negligence of the person or the City on account of injury or damage to any person or property, caused or occasioned, or allegedly caused or occasioned, in whole or in part, by reason of or rising out of the excavation. However, the person shall not be obligated to defend, indemnify and save harmless the City for any cost or damages arising from the sale negligence of the City. The duty of the person to defend, indemnify and save harmless the City shall extend to officers, employees and agents of the City to the extent the City is obligated to defend, indemnify and save harmless by law, said officers, employees and agents.

18. Notification. At least forty-eight (48) hours prior to the commencement of the excavation, excluding Saturdays, Sundays and legal holidays, the person performing the excavation shall contact the Statewide Notification Center and provide the center with the information required under Section 480.4 of the Code of Iowa.

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


135.11 FAILURE TO MAINTAIN PARKING OR TERRACE. If the abutting property owner does not perform an action required under the above section within a reasonable time, the City may perform the required action and assess the cost against the abutting property for collection in the same manner as a property tax.


135.12 DUMPING OF SNOW. It is unlawful for any person to throw, push, or place or cause to be thrown, pushed or placed, any ice or snow from private property, sidewalks, or driveways onto the traveled way of a street or alley so as to obstruct gutters, or impede the passage of vehicles upon the street or alley or to create a hazardous condition therein; except where, in the cleaning of large commercial drives in the business district it is absolutely necessary to move the snow onto the street or alley temporarily, such accumulation shall be removed promptly by the property owner or agent. Arrangements for the prompt removal of such accumulations shall be made prior to moving the snow.




135.13 ACCUMULATION OF SNOW AT CORNERS. It is unlawful for any person to throw, push or place or cause to be thrown, pushed or placed any ice or snow on private property at the corners of intersections of traveled streets so as to obstruct the view of motorists as they approach the corner, except when in the cleaning of a large commercial driveway or parking lot it is absolutely necessary to move the snow into the corner temporarily, and only after first making arrangements for the removal of the accumulation at the owner’s cost within a reasonably short time.

135.14 DRIVEWAY CULVERTS. The property owner shall, at the owner’s expense, install any culvert deemed necessary under any driveway or any other access to the owner’s property, and before installing a culvert, permission must first be obtained from the City. In the event repairs are needed at any time with respect to culverts, it shall be the responsibility of the property owner to make such repairs, and, in the event the owner fails to do so, the City shall have the right to make the repairs. If the property owner fails to reimburse the City for the cost of said repairs, the cost shall be certified to the County Treasurer and specially assessed against the property as by law provided.

135.15 PAVING OF ALLEYS. Proposed plans for any alley paving project shall be submitted for consideration by the Council prior to October 1 of each year in order for said paving to be considered for the next fiscal year. Estimates as to the cost of paving an alley shall be submitted with the proposed plan. The City may participate in the paving project if it is determined by the Council that the project benefits the community as a whole. If the Council agrees to participate in the project, written approval shall be given on completion of the following:

1. Agreement with the Street Department that the project is in compliance with the policies adopted by resolution of the Council pertaining to paving of alleys.

2. Written and signed assurances that the City will only be responsible for its share of a project (25%).

3. Unless otherwise provided, affected property owners shall secure the bids to have the alley paved.

4. Cash deposit to cover costs other than the City’s share.

5. Approval of design or paving method by City.


CHAPTER 136

SIDEWALK REGULATIONS136.01 Purpose 136.10 Failure to Repair or Barricade 136.02 Definitions 136.11 Interference with Sidewalk Improvements 136.03 Removal of Snow, Ice and Accumulations 136.12 Awnings 136.04 Responsibility for Maintenance 136.13 Encroaching Steps 136.05 City May Order Repairs 136.14 Openings and Enclosures 136.06 Sidewalk Construction Ordered 136.15 Fires or Fuel on Sidewalks 136.07 Permit Required 136.16 Defacing 136.08 Sidewalk Standards 136.17 Debris on Sidewalks 136.09 Barricades and Warning Lights 136.18 Merchandise Display

136.19 Sales Stands

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


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

2. “Defective sidewalk” means any public sidewalk exhibiting one or more of the following characteristics:

A. Vertical separations equal to three-fourths (¾) inch or more.

B. Horizontal separations equal to one (1) inch or more.

C. Holes or depressions equal to three-fourths (¾) inch or more and at least four (4) inches in diameter.

D. Spalling over fifty percent (50%) of a single square of the sidewalk with one or more depressions equal to one-half (½) inch or more.

E. Spalling over less than fifty percent (50%) of a single square of the sidewalk with one or more depressions equal to three-fourths (¾) inch or more.

F. A single square of sidewalk cracked in such a manner that no part thereof has a piece greater than one square foot.

G. A sidewalk with any part thereof missing to the full depth.

H. A change from the design or construction grade equal to or greater than three-fourths (¾) inch per foot.

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

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


CHAPTER 136 SIDEWALK REGULATIONS

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

6. “Portland cement” means any type of cement except bituminous cement.

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

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

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

136.03 REMOVAL OF SNOW, ICE AND ACCUMULATIONS. It is the responsibility of the abutting property owners to remove snow, ice and accumulations promptly from sidewalks. If a property owner does not remove snow, ice or accumulations within 24 hours, the City may do so and assess the costs against the property owner for collection in the same manner as a property tax.

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

136.04 RESPONSIBILITY FOR MAINTENANCE. It is the responsibility of the abutting property owners to repair, replace or reconstruct, or cause to be repaired, replaced or reconstructed, all broken or defective sidewalks and to maintain in a safe and hazard-free condition any sidewalk outside the lot and property lines and inside the curb lines or traveled portion of the public street.


136.05 CITY MAY ORDER REPAIRS. If the abutting property owner does not maintain sidewalks as required, the Council may serve notice on such owner, by certified mail, requiring the owner to repair, replace or reconstruct sidewalks within a reasonable time and if such action is not completed within the time stated in the notice, the Council may require the work to be done and assess the costs against the abutting property for collection in the same manner as a property tax.

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

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


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



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

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

2. Construction. Sidewalks shall be of one-course construction.

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

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

5. Length, Width and Depth. Length, width and depth requirements are as follows:

A. Residential sidewalks shall be at least four and one-half (4½) feet wide and four (4) inches thick, and each section shall be no more than four (4) feet in length.

B. Business District sidewalks shall extend from the property line to the curb. Each section shall be four (4) inches thick and no more than six (6) feet in length.

A. Driveway areas shall be not less than six (6) inches in thickness.

6. Location. Residential sidewalks shall be located with the inner edge (edge nearest the abutting private property) one foot outside the property line, unless the Council establishes a different distance due to special circumstances.

7. Grade. Curb tops shall be on level with the centerline of the street which shall be the established grade.

8. Elevations. The street edge of a sidewalk shall be at an elevation even with the curb at the curb or not less than one-half (½) inch above the curb for each foot between the curb and the sidewalk.

9. Slope. All sidewalks shall slope one-quarter (¼) inch per foot toward the curb.

10. Finish. All sidewalks shall be finished with a “broom” or “wood float” finish.

11. Curb Ramps and Sloped Areas for Persons with Disabilities. If a street, road, or highway is newly built or reconstructed, a curb ramp or sloped area shall be constructed or installed at each intersection of the street, road, or highway with a sidewalk or path. If a sidewalk or path is newly built or reconstructed, a curb ramp or sloped area shall be constructed or installed at each intersection of the sidewalk or path with a street, highway, or road. Curb ramps and sloped areas that are required pursuant to this subsection shall be constructed or installed in compliance with applicable Federal requirements adopted in accordance with the Federal Americans with Disabilities Act, including (but not limited to) the guidelines issued by the Federal Architectural and Transportation Barriers Compliance Board.

(Ord. 712 – Oct. 10 Supp.)(Code of Iowa, Sec. 216C.9)

136.09 BARRICADES AND WARNING LIGHTS. Whenever any material of any kind is deposited on any street, avenue, highway, passageway or alley when sidewalk improvements are being made or when any sidewalk is in a dangerous condition, it shall be the duty of all persons having an interest therein, either as the contractor or the owner, agent,



or lessee of the property in front of or along which such material may be deposited, or such dangerous condition exists, to put in conspicuous places at each end of such sidewalk and at each end of any pile of material deposited in the street, a sufficient number of approved warning lights or flares, and to keep them lighted during the entire night and to erect sufficient barricades both at night and in the daytime to secure the same. The party or parties using the street for any of the purposes specified in this chapter shall be liable for all injuries or damage to persons or property arising from any wrongful act or negligence of the party or parties, or their agents or employees or for any misuse of the privileges conferred by this chapter or of any failure to comply with provisions hereof.

136.10 FAILURE TO REPAIR OR BARRICADE. It is the duty of the owner of the property abutting the sidewalk, or the owner’s contractor or agent, to notify the City immediately in the event of failure or inability to make necessary sidewalk improvements or to install or erect necessary barricades as required by this chapter.

136.11 INTERFERENCE WITH SIDEWALK IMPROVEMENTS. No person shall knowingly or willfully drive any vehicle upon any portion of any sidewalk or approach thereto while in the process of being improved or upon any portion of any completed sidewalk or approach thereto, or shall remove or destroy any part or all of any sidewalk or approach thereto, or shall remove, destroy, mar or deface any sidewalk at any time or destroy, mar, remove or deface any notice provided by this chapter.

136.12 AWNINGS. It is unlawful for a person to erect or maintain any awning over any sidewalk unless all parts of the awning are elevated at least eight (8) feet above the surface of the sidewalk and the roof or covering is made of duck, canvas or other suitable material supported by iron frames or brackets securely fastened to the building, without any posts or other device that will obstruct the sidewalk or hinder or interfere with the free passage of pedestrians.

136.13 ENCROACHING STEPS. It is unlawful for a person to erect or maintain any stairs or steps to any building upon any part of any sidewalk without permission by resolution of the Council.

136.14 OPENINGS AND ENCLOSURES. It is unlawful for a person to:

1. Stairs and Railings. Construct or build a stairway or passageway to any cellar or basement by occupying any part of the sidewalk, or to enclose any portion of a sidewalk with a railing without permission by resolution of the Council.

2. Openings. Keep open any cellar door, grating or cover to any vault on any sidewalk except while in actual use with adequate guards to protect the public.

3. Protect Openings. Neglect to properly protect or barricade all openings on or within six (6) feet of any sidewalk.

136.15 FIRES OR FUELS ON SIDEWALKS. It is unlawful for a person to make a fire of any kind on any sidewalk or to place or allow any fuel to remain upon any sidewalk.

136.16 DEFACING. It is unlawful for a person to scatter or place any paste, paint or writing on any sidewalk.




136.17 DEBRIS ON SIDEWALKS. It is unlawful for a person to throw or deposit on any sidewalk any glass, nails, glass bottle, tacks, wire, cans, trash, garbage, rubbish, litter, offal, or any other debris, or any substance likely to injure any person, animal or vehicle.


136.18 MERCHANDISE DISPLAY. It is unlawful for a person to place upon or above any sidewalk, any goods or merchandise for sale or for display in such a manner as to interfere with the free and uninterrupted passage of pedestrians on the sidewalk; in no case shall more than three (3) feet of the sidewalk next to the building be occupied for such purposes.

136.19 SALES STANDS. It is unlawful for a person to erect or keep any vending machine or stand for the sale of fruit, vegetables or other substances or commodities on any sidewalk without first obtaining a written permit from the Council.


CHAPTER 137

VACATION AND DISPOSAL OF STREETS137.01 Power to Vacate 137.04 Findings Required 137.02 Planning and Zoning Commission 137.05 Disposal of Vacated Streets or Alleys 137.03 Notice of Vacation Hearing 137.06 Disposal by Gift Limited

137.01 POWER TO VACATE. When, in the judgment of the Council, it would be in the best interest of the City to vacate a street, alley, portion thereof or any public grounds, the Council may do so by ordinance in accordance with the provisions of this chapter.


137.02 PLANNING AND ZONING COMMISSION. Any proposal to vacate a street, alley, portion thereof or any public grounds shall be referred by the Council to the Planning and Zoning Commission for its study and recommendation prior to further consideration by the Council. The Commission shall submit a written report including recommendations to the Council within thirty (30) days after the date the proposed vacation is referred to the Commission.


137.03 NOTICE OF VACATION HEARING. The Council shall cause to be published a notice of public hearing of the time at which the proposal to vacate shall be considered.

137.04 FINDINGS REQUIRED. No street, alley, portion thereof or any public grounds shall be vacated unless the Council finds that:

1. Public Use. The street, alley, portion thereof or any public ground proposed to be vacated is not needed for the use of the public, and therefore, its maintenance at public expense is no longer justified.

2. Abutting Property. The proposed vacation will not deny owners of property abutting on the street or alley reasonable access to their property.

137.05 DISPOSAL OF VACATED STREETS OR ALLEYS. When in the judgment of the Council it would be in the best interest of the City to dispose of a vacated street or alley, portion thereof or public ground, the Council may do so in accordance with the provisions of Section 364.7, Code of Iowa.


137.06 DISPOSAL BY GIFT LIMITED. The City may not dispose of real property by gift except to a governmental body for a public purpose.



CHAPTER 137 VACATION AND DISPOSAL OF STREETS

EDITOR’S NOTE

The following ordinances, not codified herein and specifically saved from repeal, have been adopted vacating certain streets, alleys and/or public grounds and remain in full force and effect.

ORDINANCE NO. ADOPTED ORDINANCE NO. ADOPTED132 August 3, 1939159 December 1, 1949160 April 6, 1950170 July 3, 1952179 April 11, 1957185 April 7, 1960192 August 3, 1961194 July 5, 1962195 October 4, 1962196 December 6, 1962207 May 2, 1968220 March 1, 1971221 March 1, 1971232 December 18, 1972287 February 7, 1977291 May 2, 1977308 September 5, 1978330 December 13, 1979365 August 1, 1983387 January 6, 1986388 February 18, 1986418 January 3, 1989438 August 28, 1989447 December 4, 1989490 July 5, 1994532 August 19, 1996535 September 16, 1996538 October 7, 1996575 September 20, 1999586 February 21, 2000590 July 17, 2000596 September 18, 2000609 February 18, 2002614 April 15, 2002616 August 5, 2002617 October 21, 2002656 September 19, 2005657 September 19, 2005702 May 3, 2010


CHAPTER 138

STREET GRADES138.01 Established Grades 138.02 Record Maintained

138.01 ESTABLISHED GRADES. The grades of all streets, alleys and sidewalks, which have been heretofore established by ordinance are hereby confirmed, ratified and established as official grades.

138.02 RECORD MAINTAINED. The Clerk shall maintain a record of all established grades and furnish information concerning such grades upon request.

EDITOR’S NOTE

The following ordinances not codified herein, and specifically saved from repeal, have been adopted establishing street and/or sidewalk grades and remain in full force and effect.

ORDINANCE NO. ADOPTED ORDINANCE NO. ADOPTED111 September 6, 1928137 November 7, 1940223 August 2, 1971280 June 7, 1976281 August 16, 1976316 December 18, 1978325 July 16, 1979353 October 5, 1981501 March 6, 1995504 July 5, 1995628 November 17, 2003633 April 5, 2004693 June 29, 2009


CHAPTER 138 STREET GRADES


CHAPTER 139

NAMING OF STREETS139.01 Naming New Streets 139.04 Official Street Name Map 139.02 Changing Name of Street 139.05 Revision of Street Name Map 139.03 Recording Street Names

139.01 NAMING NEW STREETS. New streets shall be assigned names in accordance with the following:

1. Extension of Existing Street. Streets added to the City that are natural extensions of existing streets shall be assigned the name of the existing street.

2. Resolution. All street names, except streets named as a part of a subdivision or platting procedure, shall be named by resolution.

3. Planning and Zoning Commission. Proposed street names shall be referred to the Planning and Zoning Commission for review and recommendation.

139.02 CHANGING NAME OF STREET. The Council may, by resolution, change the name of a street.

139.03 RECORDING STREET NAMES. Following official action naming or changing the name of a street, the Clerk shall file a copy thereof with the County Recorder, County Auditor and County Assessor.


139.04 OFFICIAL STREET NAME MAP. Streets within the City are named as shown on the Official Street Name Map which is hereby adopted by reference and declared to be a part of this chapter. The Official Street Name Map shall be identified by the signature of the Mayor, and bearing the seal of the City under the following words: “This is to certify that this is the Official Street Name Map referred to in Section 139.04 of the Code of Ordinances of Forest City, Iowa.”

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


CHAPTER 139 NAMING OF STREETS


CHAPTER 140

CONTROLLED ACCESS FACILITIES140.01 Exercise of Police Power 140.05 Unlawful Use of Controlled Access Facility 140.02 Definition 140.06 Speed Limits 140.03 Right of Access Limited 140.07 Parking Restricted140.04 Access Controls Imposed

140.01 EXERCISE OF POLICE POWER. This chapter shall be deemed an exercise of the police power of the City under Chapter 306A, Code of Iowa, for the preservation of the public peace, health, safety and for the promotion of the general welfare.


140.02 DEFINITION. The term “controlled access facility” means a highway or street especially designed for through traffic, and over, from or to which owners or occupants of abutting land or other persons have no right or easement or only a controlled right or easement of access, light, air or view by reason of the fact that their property abuts upon such controlled access facility or for any other reason.


140.03 RIGHT OF ACCESS LIMITED. No person has any right of ingress or egress to or from abutting lands onto or across any controlled access facility, except at such designated points at which access is permitted.


140.04 ACCESS CONTROLS IMPOSED. There are hereby fixed and established controlled access facilities within the City, described as follows:


1. U.S. No. 69. On Primary Road U.S. No. 69 within the City, described as follows:

Beginning at Station 560+99.0, the south corporation line, thence northerly 8276.4 feet to Station 643+75.4, the north corporation line

2. Iowa No. 9. On Primary Road Iowa No. 9 within the City, described as follows:

Beginning at Station 1284+04.4, the junction of U.S. No. 69 and Iowa No. 9, thence easterly 2290.6 feet to Station 1306+95, the east corporation line

regulating access to and from abutting properties along said highways.

140.05 UNLAWFUL USE OF CONTROLLED ACCESS FACILITY. It is unlawful for any person to:

(Code of Iowa, Sec. 306A.3 and 321.366)

1. Cross Dividing Line. Drive a vehicle over, upon or across any curb, central dividing section, or other separation or dividing line on such controlled access facilities.


CHAPTER 140 CONTROLLED ACCESS FACILITIES

2. Turns. Make a left turn or a semicircular or U-turn except through an opening provided for that purpose in the dividing curb section, separation or line.

3. Use of Lanes. Drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation, section or line.

4. Enter Facility. Drive any vehicle into the controlled access facility from a local service road except through an opening provided for that purpose in the dividing curb or dividing section or dividing line which separates such service road from the controlled access facility property.

140.06 SPEED LIMITS. Speed limits are established and speed limit signing will specify respectively:

1. 35 MPH on Highway 69 from 100 feet south of Woodland Drive to 1200 feet south of “J” Street.

2. 45 MPH on Highway 69 from 1200 feet south of “J” Street to 1800 feet north of County Road B14 West.

3. 45 MPH on Highway 69 from 500 feet north of Sunset Drive to 100 feet south of Woodland Drive.

4. 50 MPH on Highway 69 from 1800 feet north of County Road B14 west to 400 feet south of County Road B14 East.

140.07 PARKING RESTRICTED. The parking of vehicles on or along controlled access facilities is restricted as follows:

1. Minor Street Approaches. Parking shall be prohibited on all minor street approaches for a distance of thirty-five (35) feet in advance of the stop sign.

2. Primary Roads. Parking is prohibited on U.S. 69 and Iowa 9.

3. Bridge to Intersection. Parking shall be prohibited on Secor Avenue from Station 1611+70.4, the north end of the Winnebago River Bridge, to Station 1615+63.2, the intersection of Secor Avenue with U.S. No. 69.



CHAPTER 141

MAILBOXES141.01 Purpose 141.04 Custer-Style Mailbox Requirements141.02 Definitions 141.05 Custom-Built Mailbox Requirements141.03 Custer-Style Mailbox Required in New 141.06 Curbside Mailbox Requirements

Developments 141.07 Responsibilities of Property Owner

141.01 PURPOSE. The City’s right-of-way is held by the City primarily for the purpose of pedestrian and vehicular passage and for the City’s provision of essential public safety services, including police, fire and emergency medical response services, and public health services, including sanitary sewer, water and storm drainage. The purpose of this chapter is to provide standards for mailboxes in order to maintain the safety and the visual character of the City’s right-of-way.


1. “Breakaway support” means a supporting post which shall be no larger than a 4-inch x 4-inch wood post or a metal post with strength no greater than a 2-inch diameter Schedule 40 steel pipe and which is buried no more than 24 inches deep. Such a support post shall not be set in concrete unless specifically designed as a breakaway support system as defined in A Guide for Erecting Mailboxes on Highways published by the American Association of State Highway and Transportation Officials, May 24, 1984 (ASHTO).

2. “Clear zone” means an unobstructed flat area adjacent to the traveled portion of a roadway that is used for the recovery of errant vehicles.

3. “Cluster-style mailbox” means a style whereby mailboxes meeting the specifications of the United States Postal Service (“USPS”) with the inscriptions “U.S. MAIL” and “APPROVED BY THE POSTMASTER GENERAL” plainly legible are assembled and grouped together on a single area of land so that they are regarded as one unit. Cluster-style mailboxes must be manufactured cluster-style mailboxes approved by both the City and the USPS.

4. “Curbside mailbox” means a mailbox consisting of a lightweight sheet metal or plastic box meeting the specifications of the USPS with the inscriptions “U.S. MAIL” and “APPROVED BY THE POSTMASTER GENERAL” plainly legible, which is erected at the edge of a roadway or curbside of a street and is mounted on a breakaway support post and is intended or used for the collection of mail and is to be served by a mail carrier from a vehicle.

5. “Custom-built mailbox” means a mailbox erected at the edge of a roadway or curbside of a street constructed using materials that do not meet the definition of a “curbside mailbox” and “breakaway support.”

141.03 CUSTER-STYLE MAILBOX REQUIRED IN NEW DEVELOPMENTS. All new residential or commercial developments constructed after the enactment of the 2007 Code of Ordinances, which are situated on any public cul-de-sac street, avenue or other roadway that is maintained by the City and which receive curbside delivery of mail shall have cluster-style mailboxes. Any housing development constructed and already receiving mail service before enactment of the 2007 Code of Ordinances is not required to have cluster-style mailboxes.


CHAPTER 141 MAILBOXES

141.04 CUSTER-STYLE MAILBOX REQUIREMENTS. Cluster-style mailboxes serving housing developments situated on any public street or roadway shall be located between the sidewalk and curb, outside of the three-foot clear zone. Cluster-style mailboxes shall not be installed anywhere within a cul-de-sac bulb. Cluster-style mailboxes shall have a 4-foot concrete access from the public street and the public sidewalk. The location of the cluster-style mailbox shall not exceed 600 feet from the property line of those residents served by the cluster-style mailbox. Cluster-style mailboxes shall be located on property lines on the same side as where the future no-parking areas will be. The location of the cluster-style mailbox is to be approved by the City and by the USPS. The cost of installation, including (but not limited to) box units and concrete pad, shall be borne by the developer. No driveway or street access shall be constructed within five feet of a cluster-style mailbox.

141.05 CUSTOM-BUILT MAILBOX REQUIREMENTS. A custom-built mailbox may be installed in developments constructed and already receiving mail service before the adoption of the 2007 Code of Ordinances if an application for approval of a custom-built mailbox is submitted to the City for review and is approved. A custom-built mailbox must conform to the following requirements and the rules set forth in the application:

1. The structure supporting the mailbox shall be at least 12 inches from the back of curb.

2. The mailbox structure shall not exceed the dimensions of two feet in width, two feet in depth, five feet in height, with the mailbox receptacle to be no more than 42 inches from top of curb.

3. The mailbox structure shall be located on a 26 wide x 26 deep x 4 thick concrete pad. The mailbox structure shall not be permanently affixed to the concrete pad in an attempt to make structure rigid.

4. The local postmaster shall approve and sign off on the application before submittal to the City.

5. The property owner shall be responsible for the maintenance of the custom-built mailbox. If the mailbox is damaged beyond use by the City, a standard curbside mailbox and breakaway post as defined in this chapter will be provided or the property owner can be reimbursed up to a maximum replacement fee of $25.00, set by the Council. If the property owner performs the replacement, reimbursement will not exceed the established cost for a standard curbside mailbox and breakaway post. Property owner must submit an application for a custom-built mailbox with the City prior to making any needed repairs.

141.06 CURBSIDE MAILBOX REQUIREMENTS. Curbside mailboxes shall not be set closer than 75 feet to an intersection; said intersection shall be determined by measuring 75 feet from the middle of the intersecting street down the street the mailboxes are to be placed upon. Mailboxes shall not be placed closer than 10 feet from any alley, away from any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic control device. A curbside mailbox must conform to the following requirements and the rules set forth in the application:

1. The bottom of the mailbox shall be 42 inches from the top of the curb. On streets without curbs, the bottom of the mailbox shall be 48 inches from the edge of the pavement, as defined by USPS installation requirements.

2. Mailboxes meeting the above specifications may be placed in the street right-of-way, provided that the support thereof shall be at least two feet behind the curb or edge of the traveled way and no portion of the box or support shall extend beyond the inner edge of the curb. Said boxes shall not obstruct a paved sidewalk for pedestrians and where the roadway



has a shoulder to be maintained, said boxes and support shall be placed so as not to interfere with road maintenance, snow removal or garbage pickup.

3. The owner or postal patron shall be responsible for all costs of erecting, maintaing and replacing any mailbox located pursuant to this section. Such responsibility is that of the owner or patron regardless of the cause for any needed maintenance or replacement.

4. The City shall not be responsible for surfacing, grading or maintaining said approaches. If snow removal near a mailbox cannot be satisfactorily accomplished by the City during snow removal operations, it shall be the responsibility of the property owner or patron to remove the snow obstruction.

5. All existing mailboxes in the City at the time of the effective date of the 2007 Code of Ordinances will be allowed a period of six months to meet requirements. A mailbox installed after said effective date must meet the requirements and specifications of this chapter.

141.07 RESPONSIBILITIES OF PROPERTY OWNER. Any type of mailbox located in the City right-of-way is subject to damage or destruction at any time, as a result of the City or a person with a utility easement entering upon the City right-of-way to construct, repair or maintain the utilities located in the City right-of-way, or as a result of the City engaging in activities to maintain the public street or right-of-way, such as snow removal, pavement repair or street cleaning. If a curbside or cluster-type mailbox located in the City right-of-way is damaged during such activities, the City or the utility that damaged the mailbox shall replace said mailbox with a mailbox of the same design, if it has been approved for installation by the USPS with the proper markings inscribed “U.S.MAIL” and “APPROVED BY THE POSTMASTER GENERAL,” and if it is still available for purchase and complies with this chapter. Property owner may choose to be reimbursed in full to a value of replacement cost of not-to-exceed $25.00 or have the City reinstall a new mailbox meeting stated requirements. If the property owner chooses to purchase an approved mailbox and be reimbursed, the City will install the mailbox at the property owner’s request.


CHAPTER 142

STORM WATER DRAINAGE UTILITYSYSTEM DISTRICT

142.01 Storm Water Drainage Utility System District 142.04 Delinquency, Collection, Interest and Penalties142.02 Classifications 142.05 Use of Fund142.03 Rates Established

142.01 STORM WATER DRAINAGE UTILITY SYSTEM DISTRICT. It is found and determined to be necessary and conducive to the protection of the public health, safety, welfare and convenience that all of the City of Forest City, Iowa, shall be and is hereby declared to be a Storm Water System District within the meaning and intent of, and for the purpose authorized by, Section 384.84(1) Code of Iowa; that is, to establish and collect rates for a storm water drainage utility system. On an annual basis, the Council may approve the capital expenditures for the Storm Water System District.

142.02 CLASSIFICATIONS.

1. There are established three classifications within the Storm Water Drainage Utility System as follows:

A. Residential Unit means any of the following which have either an electric service, water service, or both:

(1) A single-family dwelling including, if applicable, an attached driveway or parking lot with a minimum lot size of 6,000 square feet of which no more than 37% is impervious.

(2) Each apartment, townhouse or condominium within a multi-family dwelling including, if applicable, an attached driveway or parking lot.

(3) Mobile home dwelling including, if applicable, an attached driveway or parking lot.

Residential Unit also means an unattached parking lot or other impervious area located within the RS-Residential Single-Family District, RM-Residential Multi-Family District or RMO-Residential Multi-Family Optional District and MH-Mobile Home Zoning Districts. For the purpose of this paragraph, Residential Unit is defined by dividing the total impervious square footage by 2,200 to arrive at the number of residential units.

B. Nonresidential Unit means any other real estate, including, if applicable, an attached driveway or parking lot, which is not classified as residence and not classified as agricultural which has either an electric service, water service, or both. Nonresidential Unit also means an unattached parking lot or other impervious area located within the AC-Arterial Commercial District, BC-Business Commercial District, LI-Light Industrial District, HI-Heavy Industrial Zoning Districts. For the purpose of this section, Nonresidential Unit is defined dividing the total impervious square footage by 3,520 to arrive at the number of Nonresidential Units.


CHAPTER 142 STORM WATER DRAINAGE UTILITYSYSTEM DISTRICT

C. Agricultural means any real estate located within the Storm Water Drainage Utility System assessed as agricultural by the Hancock or Winnebago County Assessors.

2. Any property, regardless of its classification, which has its own drainage system and does not in any way use or otherwise impact the City’s storm sewer system shall not be required to pay any fees under this chapter.

3. In the case of conflicts in classification, or appeals by affected property owners, the Council shall make the final determination as to the classification after following the procedure delineated hereinafter:

A. Any person who disagrees with the classification shall submit, in writing, the following information:

(1) The address of the property and the current owner.

(2) The current classification.

(3) The classification sought.

(4) The reason for the change in classification.

B. The Street Committee shall meet after giving notice to the affected property owner of the time, date and location of the meeting. At said meeting the affected property owner may submit additional information to the committee.

C. The Street Committee shall make its recommendations to the Council. At the meeting in which the Street Committee gives its recommendations to the Council, the Council shall either approve or deny the same or ask for additional information.

D. The Street Committee may make any additional procedural rules it deems necessary to carry out these appeals.

142.03 RATES ESTABLISHED.

1. With respect to each Residential Unit, a monthly rate of $5.00 shall be charged, paid and collected as the rate for the storm water drainage utility system, from May 1, 2006.

2. With respect to each Nonresidential Unit, a monthly rate of $8.30 per meter shall be charged, paid and collected as a rate for a storm water drainage utility system, from May 1, 2006.

3. There will be no charge for real estate classified as agricultural.

142.04 DELINQUENCY, COLLECTION, INTEREST AND PENALTIES.

1. Charges imposed under this chapter are deemed delinquent when not paid in full by the due date provided in a billing for the charge.

2. It is unlawful and a violation of this chapter for any person to discharge wastewater into the City’s Storm Water Utility System. It is also unlawful and a violation of this chapter to maintain a connection to or use the City’s Storm Water Utility System without paying the appropriate charges and fees established in this section or any rule adopted pursuant hereto. Even if no billing is received, such



charges shall be due and owing and the user is obligated to pay any charges in a timely fashion.

3. Delinquent charges may be collected pursuant to the same procedure as with delinquent utility bills by the City, with the assistance of City legal counsel, without further action or authorization by the Council.

4. Delinquent charges may be recovered by the City in the same manner as provided in the water billing procedure ordinance.

5. In addition to remedies provided for collection of a debt, the City may seek a temporary or permanent injunction prohibiting continued occupancy of premises, requiring disconnection of the premises from the public storm water utility system, and termination of water and sewer service to the user’s premises.

6. The Council may prescribe by Resolution and Order a schedule of interest and penalty charges to be imposed upon delinquent charges.

7. In a collection action under this chapter, the City shall be entitled to its costs and reasonable attorney fees, including at trial and on appeal, if it is the prevailing party.

8. In addition to the right of the City to bring a civil action to collect any delinquent charges or enforce any provision of this chapter, the City may take any of the following actions to secure payment:

A. The City may refuse to issue any permit to any person who is delinquent in any payment due under this chapter.

B. The City may terminate provision of storm and surface water service premises used by the user.

C. The City may terminate sanitary sewer service to premises used by the user.

D. The City may terminate water service to the premises used by the user.

Termination of service pursuant to this subsection shall be according to procedures adopted under Section 92.05 of this Code of Ordinances. If the City terminates service as provided in this section, the cost of such disconnection shall be added to the amount of any other delinquent charges and shall be recoverable in the same manner as are such charges.

9. The owner and the tenant must comply with the same procedure as set out in Section 92.07 of this Code of Ordinances. All obligations of the owner and tenant shall be the same as stated in Iowa Code Section 384.84(3)(d).

10. Where a lien against the property can be imposed when the owner is liable, it shall exist from the date the bill was last brought current in the same manner as with a lien for water service. The provisions of Section 92.05 of this Code of Ordinances shall apply to delinquent storm water utility bills.

142.05 USE OF FUND. The money paid and collected pursuant to Section 142.02 shall be held by the City in a special fund to be expended only for the purpose of constructing, operating, repairing and maintaining all kinds of conduits, drains, storm water detention devices, flow impediments, ponds, ditches, sloughs, streams, filter strips, rip-raps, erosion



control devices and any and all other things useful to the proper control, management, collection, drainage and disposition of storm water in the City.



CHAPTER 143

STORM WATER MANAGEMENT143.01 Purpose 143.07 Ownership by City143.02 Definitions 143.08 Private Ownership143.03 Areas Requiring Storm Water Management Plan 143.09 Further Requirements143.04 Storm Water Management Requirements 143.10 Exemptions143.05 Management Plan Design Requirements 143.11 Penalties143.06 Submission and Approval of Plan 143.12 Objections

143.01 PURPOSE. It is the purpose of this chapter to establish policies to manage and control Storm Water Runoff occurring from new development of commercial, industrial, governmental, institutional, and in some cases residential areas, all of which are located within City’s corporate limits. The goal is to reduce storm water runoff caused by development of the land. This will result in cost savings to the overall existing municipal storm sewer collection system by either eliminating the need to make improvements to the existing municipal storm sewer collection system or by reducing the size of improvements required. In addition, increased public safety and sediment and erosion control are expected benefits.

143.02 DEFINITIONS. Wherever used in the Ordinance and printed with an initial capital letter, the terms listed below shall have the meanings indicated. Words using the present tense shall include the future; the singular shall include the plural; the plural shall always include the singular. The term ‘shall’ is always mandatory and the term ‘may’ is permissive.

1. “Capacity (of a storm water facility)” means the volume or rate of conveyance available in a storm water management facility, including freeboard, to store or convey storm water without damage to public or private property.

2. “Civil engineer” means a professional engineer licensed in the State of Iowa to practice in the field of civil works.

3. “Control structure” means part of a storm water management facility designed to regulate the storm water runoff release rate.

4. “Design storm” means a storm with characteristics of the average storm for the desired return frequency.

5. “Detention basin” means any facility designed for the purpose of temporarily holding water which is then released at a predetermined rate and controls the flow of storm water downstream.

6. “Development” means the changing of land from its existing state or an area of land use change, usually involving the building of housing, commercial, industrial, governmental, institutional, and infrastructure structures.

7. “Developed condition” also referred to as “Post-developed condition” means the hydraulic and hydrologic site characteristics that occur upon completion of a development.

8. “Drainage area” means an area of land contributing to storm water runoff.

9. “Green infrastructure” means natural drainage ways, wet lands, infiltration systems, open green space, etc.


CHAPTER 143 STORM WATER MANAGEMENT

10. “Green space” means that area in and around a development which is covered with grass, trees, shrubs, and other natural plantings that naturally absorbs storm water.

11. “New development” means the platting of land for the establishment of residential, commercial, industrial and/or agricultural lots or improvements to existing platted parcels of land which contribute to use and benefit of the land.

12. “Overflow path” means the path taken by storm water runoff as a result of flows exceeding the capacity of the underground drainage system or detention basin. The path may include streets, channels, drainage ways or areas of sheet flows, and be located on public property or private property within an easement.

13. “Pre-developed condition” means the hydraulic and hydrologic site characteristics that occur prior to a proposed development, including natural storage areas, drainage ways, drainage tiles and highway drainage structures.

14. “Regional storm water management facilities” means those facilities designed to handle storm water runoff from several lots which may include the entire subdivision, or multiple subdivisions, and may include existing developed areas.

15. “Retention basin” means storm water management practice that captures storm water runoff, and does not directly discharge to a surface water body. Water that is “retained” is “discharged” from the basin either by infiltration or evaporation.

16. “Return frequency” means the statistic parameter that defines the average occurrence time for a storm of a given magnitude.

17. “Site” means a lot, parcel or tract of land (or portion thereof) where development is occurring or has occurred and which may or may not require additional permits.

18. “Site plan” means an overall plan of the area to be developed including, but not limited to: proposed building location, proposed parking and drive locations, proposed utilities including storm sewer components and subsurface drain tile, proposed ground elevations with drainage patterns highlighted, roof drainage outlet locations, other underground utilities, and property boundaries.

19. “Storm sewer system” means facilities for the conveyance of storm water runoff, a series of conduits and appurtenances, to accommodate frequent storms not generating large peak discharges. These facilities usually include conduits, street gutters and swales.

20. “Storm water management facilities” means a detention/retention basin and the associated appurtenances to make the system functional.

21. “Storm Water Management Plan” means a site plan certified by a Licensed Civil Engineer, including materials, construction phasing, grading activities, and methods used for mitigation of increased storm water runoff from the site.

22. “Storm water runoff” means the flow of water resulting from precipitation upon a surface area, not absorbed by the soil or plant material.

23. “Subdivision” – as defined in Chapter 170 – Subdivision Regulations of this Code of Ordinances.

143.03 AREAS REQUIRING STORM WATER MANAGEMENT PLAN. A storm water management plan shall be required for the following:

1. New residential subdivisions and re-subdivisions and new developments consisting of multiple lots or properties the aggregate of which is larger than one (1) acre in size and all new



commercial, industrial, governmental, and institutional subdivisions and developments of any size consisting of multiple lots.

2. Single lot multi-residential, commercial, industrial, governmental, and institutional developments with said lot being 10,000 square feet in size and larger.

3. Phased developments under one acre in size for residential, and lots under 10,000 square feet in size for commercial, industrial, governmental, institutional developments which are a part of a larger planned development.

4. Other developments may be required to submit a Storm Water Management Plan at the discretion of the City Council. No subdivision or development plan will be approved unless adequate drainage will be provided to an appropriate storm sewer, drainage watercourse, or storm sewer management facility.

5. At the discretion of the City Council, a fee may be charged the developer in lieu of providing storm water management facilities. This may be utilized when the City is constructing a larger regional storm water management facility to handle multiple existing or proposed development.

143.04 STORM WATER MANAGEMENT REQUIREMENTS. The storm water management plan shall include, but not be limited to, the following information:

1. Peak discharges for pre-developed and post-developed conditions based upon the design storms.

2. Individual parameters used for determining discharges shall be listed.

3. Hydraulic capacity of storm sewer inlets, pipes, open channels or other means of conveying water.

4. Detention/retention basin design with capacity listed.

5. Control structure/outlet design.

6. Review of existing or proposed downstream conveyance capacities.

7. Storm water runoff calculations. Said calculations shall be made utilizing one of the following approved methodologies:

A. Rational Formula,

B. TR-55 Urban Hydrology for Small Watersheds as developed by the USDA Natural Resources Conservation Service,

C. Hydrographs.

The calculations shall be certified by an engineer, architect, or landscape architect licensed in the state of Iowa and familiar with such calculations.

143.05 MANAGEMENT PLAN DESIGN REQUIREMENTS. The design requirements of the storm water management plan are as follow:

1. For new developments and or subdivisions where storm water management facilities are required as set forth in this ordinance, the maximum allowable storm water runoff from the site in the post-developed condition as calculated for a 5-year design storm shall be limited to the storm water runoff rate for the site in the pre-developed condition based on a 5-year design storm. The discharge rate shall be controlled at the detention/retention facilities outlet and



NOT by the size of the storm sewer pipe serving the site. Retention facilities may be used in lieu of detention facilities with approval from the building official.

2. A safe overflow path shall be designed for storms exceeding the capacity of the detention/retention basin.

3. Regional storm water management facilities are encouraged.

4. For new residential developments, storm water detention is not allowed within any front or side yard setbacks required by the Zoning Ordinance, or within 25 feet from the estimated rear building line. A single lot detention or retention will not be allowed within 3 feet of rear building lot line.

5. Dry-bottomed detention basins shall be oversized by 10% to help offset anticipated sedimentation. An alternative to over-sizing is the construction of a series of sediment trapping fore bays in the basin with firm bottoms which allow routine removal of sediment.

6. Maximum side slopes of detention/retention basins shall not exceed 3:1.

7. Provisions shall be made to keep the bottom of the detention basin dry unless a permanent pond or lake is being utilized for detention.

8. The proposed development shall be designed with proper regard to topography, surface drainage, natural drains and streams, wooded areas, and other natural features. The design of the proposed improvements shall make adequate provisions for surface and subsurface drainage so as to NOT increase the danger of erosion, flooding, landslide or other endangerment of adjoining or surrounding property.

143.06 SUBMISSION AND APPROVAL OF PLAN. A Site Plan shall be a required attachment to a proposed Storm Water Management Plan, all of which is to be submitted to the City Administrator for review. The Storm Water Management Plan, including proposed storm water detention or retention facilities, shall be reviewed and approved by the City Administrator (or a third party chosen by the Administrator) prior to the issuance of any building permit for the proposed development. The City may inspect the site at any time to determine compliance with this chapter. Upon determination that a Site is not in compliance with this chapter, the City may issue a stop work order until compliance is achieved. The order shall describe the problem, specify a completion date, and indicate the penalties to be assessed for further noncompliance. If a third party is chosen by the City Administrator to review the Storm Water Management Plan the cost for performing said review may be passed on to the developer or applicant at the City Administrator’s discretion.

143.07 OWNERSHIP BY CITY. Regional storm water management facilities which are of sufficient size may be deeded to the City to be maintained by the City. The conditions for City ownership will be reviewed on a case-by-case basis. The City is under no obligation to accept ownership of the facility. If the City elects to obtain ownership of the facility, the property owner shall dedicate to the City any property on which public storm sewer detention/retention basins will be located with a 25-foot perimeter (subject to change) to establish and maintain a vegetative buffer. Ingress-egress easements for maintenance of public facilities shall be provided prior to final approval.

143.08 PRIVATE OWNERSHIP. For sites on which privately owned storm water detention or retention facilities are located, the property owner will be responsible for the following:

1. All future grading, repairs, and maintenance.



2. Maintenance of the minimum storm water detention capacity, as originally designed.

3. Maintenance of the detention/retention basin control structures and discharge pipes to insure the maximum theoretical design release rate is not increased.

4. The property owner shall not place fill material, or erect any buildings, obstructions, or other improvements on the area reserved for storm water detention or retention purposes, unless approved in writing by the City.

5. Maintenance of the facility so as to be in compliance with Section 50.02 “Nuisances Enumerated” of this Code of Ordinances.

143.09 FURTHER REQUIREMENTS. Compliance with this chapter does not relieve the developer or property owner of other responsibilities relating to storm water discharge. This includes, but is not limited to, obtaining NPDES storm water discharge permits regulated by the Iowa Department of Natural Resources, and other State of Iowa and Federal requirements such as storm water pollution prevention plans and generally accepted erosion control measures.

143.10 EXEMPTIONS. The following are exempt from the requirements of the chapter:

1. Agricultural use of land.

2. Emergencies posing an immediate danger to life or property, or substantial flood or fire hazards.

3. Areas deemed appropriate by the City Council.

143.11 PENALTIES. Any person who shall engage in development of a site within the area of jurisdiction of this chapter before meeting the requirements of this chapter shall be subject to the following: No foundation permits or building permits shall be issued for the property in question until the violations are corrected. Nothing contained herein shall limit the right of the City to any other remedies available to the City for the enforcement of this chapter, including the use of municipal infractions. Enforcement of this section shall be the responsibility of the City.

143.12 OBJECTIONS. Any objections to decisions made pursuant to this chapter shall be reviewed by the City Council with final determination and approval coming from the City Council.

(Ch. 143 – Ord. 756 – May 16 Supp.)


CHAPTER 145

DANGEROUS BUILDINGS145.01 Enforcement Officer 145.05 Conduct of Hearing 145.02 General Definition of Unsafe 145.06 Posting of Signs 145.03 Unsafe Building 145.07 Right to Demolish 145.04 Notice to Owner 145.08 Costs

145.01 ENFORCEMENT OFFICER. The Mayor is responsible for the enforcement of this chapter.

145.02 GENERAL DEFINITION OF UNSAFE. All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, are, for the purpose of this chapter, unsafe buildings. All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in this chapter.

(Code of Iowa, Sec. 657A.1 & 364.12[3a])

145.03 UNSAFE BUILDING. “Unsafe building” means any structure or mobile home meeting any or all of the following criteria:

1. Various Inadequacies. Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (d) the deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially or completely collapse.

2. Manifestly Unsafe. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

3. Inadequate Maintenance. Whenever a building or structure, used or intended to be used for dwelling purposes, because of dilapidation, decay, damage, faulty construction, or otherwise, is determined by any health officer to be unsanitary, unfit for human habitation or in such condition that it is likely to cause sickness or disease.

4. Fire Hazard. Whenever any building or structure, because of dilapidated condition, deterioration, damage, or other cause, is determined by the Fire Marshal or Fire Chief to be a fire hazard.

5. Abandoned. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

145.04 NOTICE TO OWNER. The enforcement officer shall examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged and, if such is found to be an unsafe building as defined in this chapter, the enforcement officer shall give to the owner of such building or structure written notice stating the defects


CHAPTER 145 DANGEROUS BUILDINGS

thereof. This notice may require the owner or person in charge of the building or premises, within forty-eight (48) hours or such reasonable time as the circumstances require, to commence either the required repairs or improvements or demolition and removal of the building or structure or portions thereof, and all such work shall be completed within ninety (90) days from date of notice, unless otherwise stipulated by the enforcement officer. If necessary, such notice shall also require the building, structure, or portion thereof to be vacated forthwith and not reoccupied until the required repairs and improvements are completed, inspected and approved by the enforcement officer.


1. Notice Served. Such notice shall be served by sending by certified mail to the owner of record, according to Section 364.12[3h] of the Code of Iowa, if the owner is found within the City limits. If the owner is not found within the City limits such service may be made upon the owner by registered mail or certified mail. The designated period within which said owner or person in charge is required to comply with the order of the enforcement officer shall begin as of the date the owner receives such notice.

2. Hearing. Such notice shall also advise the owner that he or she may request a hearing before the Council on the notice by filing a written request for hearing within the time provided in the notice.

145.05 CONDUCT OF HEARING. If requested, the Council shall conduct a hearing in accordance with the following:

1. Notice. The owner shall be served with written notice specifying the date, time and place of hearing.

2. Owner’s Rights. At the hearing, the owner may appear and show cause why the alleged nuisance shall not be abated.

3. Determination. The Council shall make and record findings of fact and may issue such order as it deems appropriate.†

145.06 POSTING OF SIGNS. The enforcement officer shall cause to be posted at each entrance to such building a notice to read: “DO NOT ENTER. UNSAFE TO OCCUPY. CITY OF FOREST CITY, IOWA.” Such notice shall remain posted until the required repairs, demolition, or removal are completed. Such notice shall not be removed without written permission of the enforcement officer and no person shall enter the building except for the purpose of making the required repairs or of demolishing the building.

145.07 RIGHT TO DEMOLISH. In case the owner fails, neglects, or refuses to comply with the notice to repair, rehabilitate, or to demolish and remove the building or structure or portion thereof, the Council may order the owner of the building prosecuted as a violator of the provisions of this chapter and may order the enforcement officer to proceed with the work specified in such notice. A statement of the cost of such work shall be transmitted to the Council.


145.08 COSTS. Costs incurred under Section 145.07 shall be paid out of the City treasury. Such costs shall be charged to the owner of the premises involved and levied as a special

† EDITOR’S NOTE: Suggested forms of notice and of a resolution and order of the Council for the administration of this chapter are provided in the APPENDIX to this Code of Ordinances. Caution is urged in the use of this procedure. We recommend you review the situation with your attorney before initiating procedures and follow his or her recommendation carefully.



assessment against the land on which the building or structure is located, and shall be certified to the County Treasurer for collection in the manner provided for other taxes.



CHAPTER 146

FIRE ZONE146.01 Fire Zone Established 146.06 Special Permit 146.02 Plans Submitted 146.07 Removal of Buildings 146.03 Buildings Prohibited 146.08 Storage of Materials Restricted 146.04 Construction Standards 146.09 Keeping of Explosives Limited146.05 Reconstruction Prohibited

146.01 FIRE ZONE ESTABLISHED. A Fire Zone is established to include all of the following territory:

Blocks 33, 34, 47, 48, 49 and 50 and the South Half of Block 32, all in Forest City, Iowa, and Blocks 3, 4 and 5 and the South Half of Block 2, all in Rebecca A. Clark’s Addition to Forest City, Iowa.

146.02 PLANS SUBMITTED. It is unlawful to build, enlarge or alter any structure, building or part thereof, within the Fire Zone until a plan of the proposed work, together with a statement of materials to be used, has been submitted to the Clerk and signed by the Mayor, and the Clerk shall, if such plan is in accordance with the provisions of this chapter, issue a permit for the proposed work.

146.03 BUILDINGS PROHIBITED. The erection of any building or structure of any kind, or additions thereto, or substantial alterations thereof, involving partial rebuilding, are prohibited in the Fire Zone, unless constructed in strict compliance with the provisions of this chapter.

146.04 CONSTRUCTION STANDARDS. The construction standards for all buildings, structures, or parts thereof within the Fire Zone shall be of Type I, Type II, or, at a minimum, Type III – 1-hour fire resistant construction, as specified in the Uniform Building Code.

146.05 RECONSTRUCTION PROHIBITED. Any building within the Fire Zone not constructed in accordance with the provisions of this chapter, which may hereafter be damaged by fire, decay, or otherwise, shall not be rebuilt, altered, or reconstructed except in accordance with the provisions of this chapter.

146.06 SPECIAL PERMIT. The Council may, by four-fifths (4/5) vote, issue a special permit to improve any property within the Fire Zone contrary to the provisions of this chapter, on condition that such improvement shall not increase the rates for fire insurance or the fire hazard potential of the area, or to allow any person to erect or move in any building or structure for temporary purposes for a period of time not exceeding six (6) months from the date of such permission.

146.07 REMOVAL OF BUILDINGS. Any person who erects any building in the Fire Zone, contrary to the provisions of this chapter shall be given written notice by the Mayor to remove or tear down the same, and if such removal or taking down is not completed within thirty (30) days from the time of the service of such notice, the Mayor shall cause the same to be removed or taken down. The Mayor shall report an itemized bill of the expense to the Clerk, and the same shall be charged to the person owning such building. The Clerk shall


CHAPTER 146 FIRE ZONE

present the bill to the owner of the property and if the bill is not paid within ten (10) days from the date it is presented, the amount of the bill shall be certified, by the Clerk, to the County Treasurer, as a lien against the property and collected the same as other taxes.

146.08 STORAGE OF MATERIALS RESTRICTED. No person shall have or deposit any hay stack, straw stack, grain stack, pile of rubbish, explosives, hazardous chemicals or other flammable substance within the Fire Zone, nor shall any person have or deposit any cord wood or fire wood within the Fire Zone without written permission from the Mayor, specifying the maximum amount of such cord wood or fire wood that may be kept, stored, or deposited on any lot or part of a lot within the Fire Zone, unless the same is within one of the buildings allowed by this chapter. No person shall build or allow any fires, whether trash fires or otherwise, within the Fire Zone as described in this chapter.

146.09 KEEPING OF EXPLOSIVES LIMITED. No person shall keep more than twenty-five (25) pounds of gunpowder, guncotton or explosive within the Fire Zone; however, gasoline kept in underground storage tanks is not prohibited.



CHAPTER 150

BUILDING NUMBERING150.01 Definitions 150.03 Building Numbering Plan150.02 Owner Requirements


1. “Owner” means the owner of the principal building.

2. “Principal building” means the main building on any lot or subdivision thereof.

150.02 OWNER REQUIREMENTS. Every owner shall comply with the following numbering requirements:

1. Obtain Building Number. The owner shall obtain the assigned number to the principal building from the Clerk.


2. Display Building Number. The owner shall place or cause to be installed and maintained on the principal building the assigned number in a conspicuous place to the street in figures not less than two and one-half (2½) inches in height and of a contrasting color with their background.


3. Failure to Comply. If an owner refuses to number a building as herein provided, or fails to do so for a period of thirty (30) days after being notified in writing by the City to do so, the City may proceed to place the assigned number on the principal building and assess the costs against the property for collection in the same manner as a property tax.


150.03 BUILDING NUMBERING PLAN. Building numbers shall be assigned in accordance with the building numbering plan on file in the office of the Clerk.


CHAPTER 150 BUILDING NUMBERING


CHAPTER 151

TREES151.01 Definition 151.05 Disease Control 151.02 Planting Restrictions 151.06 Inspection and Removal151.03 Duty to Trim Trees 151.07 Removal of Non-Diseased Trees151.04 Trees Overhanging Right-of-Way

151.01 DEFINITION. For use in this chapter, “parking” means that part of the street, avenue or highway in the City not covered by sidewalk and lying between the lot line and the curb line; or, on unpaved streets, that part of the street, avenue or highway lying between the lot line and that portion of the street usually traveled by vehicular traffic.

151.02 PLANTING RESTRICTIONS. No tree shall be planted in any right-of-way or parking except in accordance with the following:

1. Alignment. All trees planted in any right-of-way shall be planted in the parking midway between the outer line of the sidewalk and the curb. In the event a curb line is not established, trees shall be planted on a line ten (10) feet from the property line.

2. Spacing. Trees shall not be planted on any parking which is less than nine (9) feet in width, or contains less than eighty-one (81) square feet of exposed soil surface per tree. Trees shall not be planted closer than twenty (20) feet from street intersections (property lines extended) and ten (10) feet from driveways. If it is at all possible trees should be planted inside the property lines and not between the sidewalk and the curb.

3. Prohibited Trees. No person shall plant in any right-of-way any fruit-bearing tree, flowering tree, small ornamental tree or any tree of the kinds commonly known as cottonwood, poplar, box elder, Chinese elm, evergreen, willow or black walnut.

4. Supports. Trees may be guyed or supported in an upright position according to accepted arboricultural practices. The guys or supports shall be fastened in such a way that they will not girdle or cause serious injury to the trees or endanger public safety.

5. Easements. Trees shall not be planted on easements.

151.03 DUTY TO TRIM TREES. The owner or agent of the abutting property shall keep the trees on or overhanging the sidewalks trimmed so that all branches will be at least nine (9) feet above the sidewalks. If the abutting property owner fails to trim the trees, the City may serve notice on the abutting property owner requiring that such action be taken within five (5) days. If such action is not taken within that time, the City may perform the required action and assess the costs against the abutting property for collection in the same manner as a property tax.

(Code of Iowa, Sec. 364.12[2c, d & e])

151.04 TREES OVERHANGING RIGHT-OF-WAY. No unauthorized person shall trim or cut any tree overhanging the traveled portion of the roadway. Trimming of trees overhanging the right-of-way shall be the responsibility of the City.


CHAPTER 151 TREES

151.05 DISEASE CONTROL. Any dead, diseased or damaged tree or shrub which may harbor serious insect or disease pests or disease injurious to other trees is hereby declared to be a nuisance.

151.06 INSPECTION AND REMOVAL. 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 Property. If it is determined that any such condition exists on any public property, 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 Property. If it is determined with reasonable certainty that any such condition exists on private property and that danger to other trees 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 property to correct such condition by treatment or removal within fourteen (14) days of said notification. If such owner, occupant or person in charge of said property 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 property.

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

151.07 REMOVAL OF NON-DISEASED TREES. No abutting property owner shall cut or remove any tree on public property without first securing permission from the Council. If the Council grants permission to remove a tree located on public property, the abutting property owner shall agree in writing that all costs and expenses incident to the tree removal shall be borne by the property owner, unless such removal is determined to be a result of Section 151.06(1) of this chapter.



CHAPTER 152

GEOTHERMAL SYSTEMS

152.01 DISCHARGE OF WATER. Geothermal systems of the open loop type shall not discharge water on top of the ground.


CHAPTER 152 GEOTHERMAL SYSTEMS



CHAPTER 160

FLOOD PLAIN REGULATIONS160.01 Purpose 160.14 Administration160.02 Definitions 160.15 Flood Plain Development Permit Required 160.03 Lands to Which Chapter Applies 160.16 Application for Permit 160.04 Rules for Interpretation of District Boundaries 160.17 Action on Permit Application 160.05 Compliance 160.18 Construction and Use to Be as Provided in160.06 Abrogation and Greater Restrictions Application and Plans160.07 Interpretation 160.19 Conditional Uses, Appeals and Variances160.08 Warning and Disclaimer of Liability 160.20 Factors Upon Which the Decision to Grant Variances160.09 Establishment of Zoning (Overlay) Districts Is Based160.10 Floodway (Overlay) District – FW 160.21 Conditions Attached to Variances160.11 Floodway Fringe (Overlay) District – FF 160.22 Appeals to the Court160.12 General Flood Plain (Overlay) District – FP 160.23 Nonconforming Uses160.13 Shallow Flooding (Overlay) District – SF 160.24 Amendments

160.01 PURPOSE. It is the purpose of this chapter to protect and preserve the rights, privileges and property of the City and its residents and to preserve and improve the peace, safety, health, welfare and comfort and convenience of its residents by minimizing flood losses with provisions designed to:

1. Reserve sufficient flood plain area for the conveyance of flood flows so that flood heights and velocities will not be increased substantially.

2. Restrict or prohibit uses which are dangerous to health, safety, or property in times of flood or which cause excessive increases in flood heights or velocities.

3. Require that uses vulnerable to floods, including public utilities which serve such uses, be protected against flood damage at the time of initial construction or substantial improvement.

4. Protect individuals from buying lands which may not be suited for intended purposes because of flood hazard.

5. Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program.

160.02 DEFINITIONS. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

1. “Base flood” means the flood having one percent (1%) chance of being equaled or exceeded in any given year. (See 100-year flood.)

2. “Basement” means any enclosed area of a building which has its floor or lowest level below ground level (subgrade) on all sides. Also see “lowest floor.”

3. “Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

4. “Existing construction” means any structure for which the “start of construction” commenced before the effective date of the community’s Flood Insurance Rate Map. May also be referred to as “existing structure.”


CHAPTER 160 FLOOD PLAIN REGULATIONS

5. “Existing factory-built home park or subdivision” means a factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before the effective date of these flood plain management regulations.

6. “Expansion of existing factory-built home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

7. “Factory-built home” means any structure designed for residential use which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site. For the purpose of this chapter, factory-built homes include mobile homes, manufactured homes and modular homes and also includes “recreational vehicles” which are placed on a site for greater than 180 consecutive days and not fully licensed for and ready for highway use.

8. “Factory-built home park” means a parcel or contiguous parcels of land divided into two or more factory-built home lots for sale or lease.

9. “Flood” means a general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source.

10. “Flood elevation” means the elevation floodwaters would reach at a particular site during the occurrence of a specific flood. For instance, the 100-year flood elevation is the elevation of floodwaters related to the occurrence of the 100-year flood.

11. “Flood Insurance Rate Map (FIRM)” means the official map prepared as part of (but published separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zones applicable to the community.

12. “Flood plain” means any land area susceptible to being inundated by water as a result of a flood.

13. “Flood plain management” means an overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of flood plains, including but not limited to emergency preparedness plans, flood control works, floodproofing and flood plain management regulations.

14. “Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments to structures, including utility and sanitary facilities which will reduce or eliminate flood damage to such structures.

15. “Floodway” means the channel of a river or stream and those portions of the flood plains adjoining the channel, which are reasonably required to carry and discharge flood waters or flood flows so that confinement of flood flows to the floodway area will not cumulatively increase the water surface elevation of the base flood by more than one foot.



16. “Floodway fringe” means those portions of the flood plain, other than the floodway, which can be filled, leveed, or otherwise obstructed without causing substantially higher flood levels or flow velocities.

17. “Historic structure” means any structure that is:

A. Listed individually in the National Register of Historic Places, maintained by the Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing in the National Register;

B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or,

D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by either (i) an approved state program as determined by the Secretary of the Interior or (ii) directly by the Secretary of the Interior in states without approved programs.

18. “Lowest floor” means the floor of the lowest enclosed area in a building including a basement except when all the following criteria are met:

A. The enclosed area is designed to flood to equalize hydrostatic pressure during floods with walls or openings that satisfy the provisions of Section 160.11(4)(A); and

B. The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for low damage potential uses such as building access, parking or storage; and

C. Machinery and service facilities (e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one foot above the 100-year flood level; and

D. The enclosed area is not a “basement” as defined in this section.

In cases where the lowest enclosed area satisfies criteria A, B, C and D above, the lowest floor is the floor of the next highest enclosed area that does not satisfy the criteria above.

19. “New construction” (new buildings, factory-built home parks) means those structures or development for which the start of construction commenced on or after the effective date of the Flood Insurance Rate Map.

20. “New factory-built home park or subdivision” means a factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of these flood plain management regulations.



21. “100-Year Flood” means a flood, the magnitude of which has a one percent (1%) chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded at least once every one hundred (100) years.

22. “Recreational vehicle” means a vehicle which is:

A. Built on a single chassis;

B. Four hundred (400) square feet or less when measured at the largest horizontal projection;

C. Designed to be self-propelled or permanently towable by a light duty truck; and

D. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

23. “Special flood hazard area” means the land within a community subject to the “100-year flood.” This land is identified as Zone A on the Flood Insurance Rate Map.

24. “Start of construction” includes substantial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement or permanent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory-built home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building.

25. “Structure” means anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, factory-built homes, storage tanks and other similar uses.

26. “Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

27. “Substantial improvement” means any improvement to a structure which satisfies either of the following criteria:

A. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either (i) before the “start of construction” of the improvement, or (ii) if the structure has been “substantially damaged” and is being restored, before the damage occurred. The term does not, however, include any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe conditions for the existing use. The term also does not include any



alteration of an “historic structure,” provided the alteration will not preclude the structure’s designation as an “historic structure.”

B. Any addition which increases the original floor area of a building by twenty-five percent (25%) or more. All additions constructed after the effective date of the Flood Insurance Rate Map, shall be added to any proposed addition in determining whether the total increase in original floor space would exceed twenty-five percent.

28. “Variance” means a grant of relief by a community from the terms of the flood plain management regulations.

29. “Violation” means the failure of a structure or other development to be fully compliant with this chapter.

160.03 LANDS TO WHICH CHAPTER APPLIES. The provisions of this chapter shall apply to all lands within the jurisdiction of the City shown on the Official Flood Plain Zoning Map as being within the boundaries of the Floodway, Floodway Fringe, General Flood Plain and Shallow Flooding (Overlay) Districts. The Flood Insurance Rate Map prepared as part of the Flood Insurance Study for the City, dated April 16, 1993, is hereby adopted by reference and declared to be the Official Flood Plain Zoning Map. The flood profiles and all explanatory material contained with the Flood Insurance Study are also declared to be a part of this chapter.†

160.04 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES. The boundaries of the zoning district areas shall be determined by scaling distances on the Official Flood Plain Zoning Map. When an interpretation is needed as to the exact location of a boundary, the Administrator shall make the necessary interpretation. The Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Administrator in the enforcement or administration of this chapter.

160.05 COMPLIANCE. No structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter.

160.06 ABROGATION AND GREATER RESTRICTIONS. It is not intended by this chapter to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provision of this chapter shall prevail. Any ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.

160.07 INTERPRETATION. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State statutes.

160.08 WARNING AND DISCLAIMER OF LIABILITY. The standards required by this chapter are considered reasonable for regulatory purposes. This chapter does not imply

† EDITOR’S NOTE: Ordinance No. 640, adopted October 18, 2004, extended the Flood Plain Zoning to include all property located within the City limits as established on October 18, 2004.


STEVE JOHNSON, 04/14/07,

– Possible Alternate - Replace “Flood Insurance Rate Map” with “Flood Boundary and Floodway Map(s)” for communities where the FBFW maps were printed separately.


that areas outside the designated Flood Plain (Overlay) District areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

160.09 ESTABLISHMENT OF ZONING (OVERLAY) DISTRICTS. The flood plain areas within the jurisdiction of this chapter are hereby divided into the following districts:

1. Floodway District (FW)

2. Floodway Fringe District (FF)

3. General Flood Plain District (FP)

4. Shallow Flooding District (SF).

The boundaries are as shown on the Official Flood Plain Zoning Map. Within these districts all uses not allowed as permitted uses or permissible as conditional uses are prohibited unless a variance to the terms of this chapter is granted after due consideration by the Board of Adjustment.

160.10 FLOODWAY (OVERLAY) DISTRICT - FW.

1. Permitted Uses. The following uses shall be permitted within the Floodway District to the extent they are not prohibited by any other ordinance (or underlying zoning district) and provided they do not include placement of structures, factory-built homes, fill or other obstruction, the storage of material or equipment, excavation or alteration of a watercourse.

A. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting.

B. Industrial-commercial uses such as loading areas, parking areas, airport landing strips.

C. Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails.

D. Residential uses such as lawns, gardens, parking areas and play areas.

E. Such other open-space uses similar in nature to the above uses.

2. Conditional Uses. The following uses which involve structures (temporary or permanent), fill, storage of materials or equipment, excavation or alteration of a watercourse may be permitted only upon issuance of a conditional use permit by the Board of Adjustment as provided for in Section 160.19. Such uses must also meet the applicable provisions of the Floodway District Performance Standards.

A. Uses or structures accessory to open-space uses.

B. Circuses, carnivals, and similar transient amusement enterprises.

C. Drive-in theaters, new and used car lots, roadside stands, signs, and billboards.



D. Extraction of sands, gravel, and other materials.

E. Marinas, boat rentals, docks, piers, and wharves.

F. Utility transmission lines and underground pipelines.

G. Other uses similar in nature to uses described in subsection 1 and in this subsection which are consistent with the provisions of subsection 3 and the general spirit and purpose of this chapter.

3. Performance Standards. All Floodway District uses allowed as a permitted or conditional use shall meet the following standards:

A. No use shall be permitted in the Floodway District that would result in any increase in the 100-year flood level. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands.

B. All uses within the Floodway District shall:

(1) Be consistent with the need to minimize flood damage.

(2) Use construction methods and practices that will minimize flood damage.

(3) Use construction materials and utility equipment that are resistant to flood damage.

C. No use shall affect the capacity or conveyance of the channel or floodway of any tributary to the main stream, drainage ditch or any other facility or system.

D. Structures, buildings and sanitary and utility systems, if permitted, shall meet the applicable performance standards of the Floodway Fringe District and shall be constructed or aligned to present the minimum possible resistance to flood flows.

E. Buildings, if permitted, shall have a low flood damage potential and shall not be for human habitation.

F. Storage of equipment or materials that are buoyant, flammable, explosive or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the Floodway District within the time available after flood warning.

G. Watercourse alterations or relocations (channel changes and modifications) must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Department of Natural Resources.

H. Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary.

I. Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of flood flows.

160.11 FLOODWAY FRINGE (OVERLAY) DISTRICT - FF. All uses within the Floodway Fringe District shall be permitted to the extent that they are not prohibited by any



other ordinance (or underlying zoning district) and provided they meet applicable performance standards of the Floodway Fringe District. All uses must be consistent with the need to minimize flood damage and shall meet the following applicable performance standards.

1. All structures shall:

A. Be adequately anchored to prevent flotation, collapse or lateral movement of the structure.

B. Use construction materials and utility equipment that are resistant to flood damage.

C. Use construction methods and practices that will minimize flood damage.

2. Residential Buildings. All new or substantially improved residential structures shall have the lowest floor, including basement, elevated a minimum of one foot above the 100-year flood level. Construction shall be upon compacted fill which shall, at all points, be no lower than one foot above the 100-year flood level and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers) may be allowed, subject to favorable consideration by the Board of Adjustment, where existing topography, street grades, or other factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstand the various forces and hazards associated with flooding. All new residential structures shall be provided with a means of access which will be passable by wheeled vehicles during the 100-year flood.

3. Nonresidential Buildings. All new or substantially improved non-residential buildings shall have the lowest floor (including basement) elevated a minimum of one foot above the 100-year flood level, or together with attendant utility and sanitary systems, be floodproofed to such a level. When floodproofing is utilized, a professional engineer registered in the State of Iowa shall certify that the floodproofing methods used are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100-year flood; and that the structure, below the 100-year flood level, is watertight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to National Geodetic Vertical Datum) to which any structures are floodproofed shall be maintained by the Administrator.

4. All new and substantially improved structures.

A. Fully enclosed areas below the “lowest floor” (not including basements) that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following minimum criteria:

(1) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

(2) The bottom of all openings shall be no higher than one foot above grade.



(3) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided they permit the automatic entry and exit of floodwaters.

Such areas shall be used solely for parking of vehicles, building access and low damage potential storage.

B. New and substantially improved structures must be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

C. New and substantially improved structures must be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

5. Factory-built Homes.

A. All factory-built homes, including those placed in existing factory-built home parks or subdivisions, shall be elevated on a permanent foundation such that the lowest floor of the structure is a minimum of one (1) foot above the 100-year flood level.

B. All factory-built homes, including those placed in existing factory-built home parks or subdivisions, shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors.

6. Utility and Sanitary Systems.

A. On-site waste disposal and water supply systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding.

B. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system as well as the discharge of effluent into flood waters. Wastewater treatment facilities (other than on-site systems) shall be provided with a level of flood protection equal to or greater than one foot above the 100-year flood elevation.

C. New or replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Water supply treatment facilities (other than on-site systems) shall be provided with a level of protection equal to or greater than one foot above the 100-year flood elevation.

D. Utilities such as gas or electrical systems shall be located and constructed to minimize or eliminate flood damage to the system and the risk associated with such flood damaged or impaired systems.

7. Storage of materials and equipment that are flammable, explosive or injurious to human, animal or plant life is prohibited unless elevated a minimum of one foot above the 100-year flood level. Other material and equipment must either be similarly elevated or (i) not be subject to major flood damage and be anchored to prevent



movement due to flood waters or (ii) be readily removable from the area within the time available after flood warning.

8. Flood control structural works such as levees, flood-walls, etc. shall provide, at a minimum, protection from a 100-year flood with a minimum of 3 feet of design freeboard and shall provide for adequate interior drainage. In addition, structural flood control works shall be approved by the Department of Natural Resources.

9. Watercourse alterations or relocations must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Department of Natural Resources.

10. Subdivisions (including factory-built home parks and subdivisions) shall be consistent with the need to minimize flood damages and shall have adequate drainage provided to reduce exposure to flood damage. Development associated with subdivision proposals (including the installation of public utilities) shall meet the applicable performance standards of this chapter. Subdivision proposals intended for residential use shall provide all lots with a means of access which will be passable by wheeled vehicles during the 100-year flood. Proposals for subdivisions greater than five (5) acres or fifty (50) lots (whichever is less) shall include 100-year flood elevation data for those areas located within the Flood Plain (Overlay) District.

11. Accessory Structures.

A. Detached garages, sheds, and similar structures accessory to a residential use are exempt from the 100-year flood elevation requirements where the following criteria are satisfied:

(1) The structure shall not be used for human habitation.

(2) The structure shall be designed to have low flood damage potential.

(3) The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters.

(4) The structure shall be firmly anchored to prevent flotation which may result in damage to other structures.

(5) The structure’s service facilities such as electrical and heating equipment shall be elevated or floodproofed to at least one foot above the 100-year flood level.

B. Exemption from the 100-year flood elevation requirements for such a structure may result in increased premium rates for flood insurance coverage of the structure and its contents.

12. Recreational Vehicles.

A. Recreational vehicles are exempt from the requirements of Section 160.11(5) of this chapter regarding anchoring and elevation of factory-built homes when the following criteria are satisfied.

(1) The recreational vehicle shall be located on the site for less than 180 consecutive days, and

(2) The recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the site only by



quick disconnect type utilities and security devices and has no permanently attached additions.

B. Recreational vehicles that are located on the site for more than 180 consecutive days or are not ready for highway use must satisfy requirements of Section 160.11(5) of this chapter regarding anchoring and elevation of factory-built homes.

13. Pipeline river and stream crossings shall be buried in the stream bed and banks, or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering.

160.12 GENERAL FLOOD PLAIN (OVERLAY) DISTRICT - FP.

1. Permitted Uses. The following uses shall be permitted within the General Flood Plain District to the extent they are not prohibited by any other ordinance (or underlying zoning district) and provided they do not include placement of structures, factory-built homes, fill or other obstructions; the storage of materials or equipment; excavation or alteration of a watercourse.

A. Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming, and wild crop harvesting.

B. Industrial-commercial uses such as loading areas, parking areas, and airport landing strips.

C. Private and public recreation uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking and horseback riding trails.

D. Residential uses such as lawns, gardens, parking areas and play areas.

2. Conditional Uses. Any use which involves placement of structures, factory-built homes, fill or other obstructions; the storage of materials or equipment; excavation or alteration of a watercourse may be allowed only upon issuance of a conditional use permit by the Board of Adjustment as provided for in Section 160.19. All such uses shall be reviewed by the Department of Natural Resources to determine (i) whether the land involved is either wholly or partly within the floodway or floodway fringe and (ii) the 100-year flood level. The applicant shall be responsible for providing the Department of Natural Resources with sufficient technical information to make the determination.

3. Performance Standards.

A. All conditional uses, or portions thereof, to be located in the floodway as determined by the Department of Natural Resources shall meet the applicable provisions and standards of the Floodway (Overlay) District (Section 160.10).

B. All conditional uses, or portions thereof, to be located in the floodway fringe as determined by the Department of Natural Resources shall meet the applicable standards of the Floodway Fringe (Overlay) District (Section 160.11).



160.13 SHALLOW FLOODING (OVERLAY) DISTRICT - SF. All uses within the Shallow Flooding District shall be permitted to the extent that they are not prohibited by any other ordinance (or underlying zoning district) and provided they meet the applicable performance standards of the Shallow Flooding District. The performance standards for the Shallow Flooding District shall be the same as the performance standards for the Floodway Fringe District with the following exceptions:

1. In shallow flooding areas designated as an AO Zone on the Flood Insurance Rate Map, the minimum floodproofing/flood protection elevation shall be equal to the number of feet as specified on the Flood Insurance Rate Map (or a minimum of 2.0 feet if no number is specified) above the highest natural grade adjacent to the structure.

2. In shallow flooding areas designated as an AH Zone on the Flood Insurance Rate Map, the minimum floodproofing/flood protection elevation shall be equal to the elevation as specified on the Flood Insurance Rate Map.

160.14 ADMINISTRATION. The Clerk shall administer and enforce this chapter and will herein be referred to as the Administrator. The duties and responsibilities of the Administrator include, but are not necessarily limited to, the following:

1. Review all flood plain development permit applications to assure that the provisions of this chapter will be satisfied.

2. Review all flood plain development permit applications to assure that all necessary permits have been obtained from Federal, State or local governmental agencies including approval when required from the Department of Natural Resources for flood plain construction.

3. Record and maintain a record of (i) the elevation (in relation to National Geodetic Vertical Datum) of the lowest floor (including basement) of all new or substantially improved structures or (ii) the elevation to which new or substantially improved structures have been floodproofed.

4. Notify adjacent communities and/or countries and the Department of Natural Resources prior to any proposed alteration or relocation of a watercourse and submit evidence of such notifications to the Federal Emergency Management Agency.

5. Keep a record of all permits, appeals, and such other transactions and correspondence pertaining to the administration of this chapter.

6. Submit to the Federal Insurance Administrator an annual report concerning the community’s participation, utilizing the annual report form supplied by the Federal Insurance Administrator.

7. Notify the Federal Insurance Administration of any annexations or modifications to the community’s boundaries.

8. Review subdivision proposals to insure such proposals are consistent with the purpose of this chapter and advise the Council of potential conflicts.

160.15 FLOOD PLAIN DEVELOPMENT PERMIT REQUIRED. A Flood Plain Development Permit issued by the Administrator shall be secured prior to any flood plain development (any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, excavation or drilling operations) including the placement of factory-built homes.



160.16 APPLICATION FOR PERMIT. Application for a Flood Plain Development Permit shall be made on forms supplied by the Administrator and shall include the following information.

1. Description of the work to be covered by the permit for which application is to be made.

2. Description of the land on which the proposed work is to be done (i.e., lot, block, tract, street address or similar description) that will readily identify and locate the work to be done.

3. Indication of the use or occupancy for which the proposed work is intended.

4. Elevation of the 100-year flood.

5. Elevation (in relation to National Geodetic Vertical Datum) of the lowest floor (including basement) of buildings or of the level to which a building is to be floodproofed.

6. For buildings being improved or rebuilt, the estimated cost of improvements and market value of the building prior to the improvements.

7. Such other information as the Administrator deems reasonably necessary (e.g., drawings or a site plan) for the purpose of this chapter.

160.17 ACTION ON PERMIT APPLICATION. The Administrator shall, within a reasonable time, make a determination as to whether the proposed flood plain development meets the applicable standards of this chapter and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefor. The Administrator shall not issue permits for variances except as directed by the Board of Adjustment.

160.18 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATION AND PLANS. Flood Plain Development Permits issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter. The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, registered in the State of Iowa, that the finished fill, building floor elevations, floodproofing or other flood protection measures were accomplished in compliance with the provisions of this chapter, prior to the use or occupancy of any structure.

160.19 CONDITIONAL USES, APPEALS AND VARIANCES. The Board of Adjustment shall hear and decide (i) applications for conditional uses upon which the Board is authorized to pass under this chapter; (ii) appeals, and (iii) requests for variances to the provisions of this chapter; and shall take any other action which is required of the Board.

1. Conditional Uses. Requests for conditional uses shall be submitted to the Administrator, who shall forward such to the Board of Adjustment for consideration. Such requests shall include information ordinarily submitted with applications as well as any additional information deemed necessary by the Board of Adjustment.

2. Appeals. Where it is alleged there is any error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter, the aggrieved party may appeal such action. The notice of appeal shall be filed with the Board of Adjustment and with the official from whom the appeal is



taken and shall set forth the specific reason for the appeal. The official from whom the appeal is taken shall transmit to the Board of Adjustment all the documents constituting the record upon which the action appealed from was taken.

3. Variances. The Board of Adjustment may authorize upon request in specific cases such variances from the terms of this chapter that will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship. Variances granted must meet the following applicable standards.

A. Variances shall only be granted upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local codes or ordinances.

B. Variances shall not be issued within any designated floodway if any increase in flood levels during the 100-year flood would result. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands.

C. Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

D. In cases where the variance involves a lower level of flood protection for buildings than what is ordinarily required by this chapter, the applicant shall be notified in writing over the signature of the Administrator that (i) the issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction increases risks to life and property.

E. All variances granted shall have the concurrence or approval of the Department of Natural Resources.

4. Hearings and Decisions of the Board of Adjustment.

A. Hearings. Upon the filing with the Board of Adjustment of an appeal, an application for a conditional use or a request for a variance, the Board shall hold a public hearing. The Board shall fix a reasonable time for the hearing and give public notice thereof, as well as due notice to parties in interest. At the hearing, any party may appear in person or by agent or attorney and present written or oral evidence. The Board may require the appellant or applicant to provide such information as is reasonably deemed necessary and may request the technical assistance and/or evaluation of a professional engineer or other expert person or agency, including the Department of Natural Resources.

B. Decisions. The Board shall arrive at a decision on an appeal, conditional use or variance within a reasonable time. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this chapter, reverse or affirm wholly or in part, or modify the



order, requirement, decision, or determination appealed from, and it shall make its decision, in writing, setting forth the findings of fact and the reasons for its decision. In granting a conditional use or variance, the Board shall consider such factors as contained in this section and all other relevant sections of this chapter and may prescribe such conditions as contained in Section 160.21.

160.20 FACTORS UPON WHICH THE DECISION TO GRANT VARIANCES IS BASED. In passing upon applications for variances, the Board shall consider all relevant factors specified in other sections of this chapter and:

1. The danger to life and property due to increased flood heights or velocities caused by encroachments.

2. The danger that materials may be swept on to other land or downstream to the injury of others.

3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.

4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

5. The importance of the service provided by the proposed facility to the City.

6. The requirements of the facility for a flood plain location.

7. The availability of alternate locations not subject to flooding for the proposed use.

8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

9. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area.

10. The safety of access to the property in times of flood for ordinary and emergency vehicles.

11. The expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site.

12. The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities (sewer, gas, electrical and water systems), facilities, streets and bridges.

13. Such other factors which are relevant to the purpose of this chapter.

160.21 CONDITIONS ATTACHED TO VARIANCES. Upon consideration of the factors listed above, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter. Such conditions may include, but not necessarily be limited to:

1. Modification of waste disposal and water supply facilities.

2. Limitation on periods of use and operation.

3. Imposition of operational controls, sureties, and deed restrictions.



4. Requirements for construction of channel modifications, dikes, levees, and other protective measures, provided such are approved by the Department of Natural Resources and are deemed the only practical alternative to achieving the purpose of this chapter.

5. Floodproofing measures designed consistent with the flood protection elevation for the particular area, flood velocities, durations, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The Board of Adjustment shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.

160.22 APPEALS TO THE COURT. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of illegality. Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the Board.

160.23 NONCONFORMING USES.

1. A structure or the use of a structure or premises which was lawful before the passage or amendment of this chapter but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions:

A. If such use is discontinued for 18 consecutive months, any future use of the building premises shall conform to this chapter.

B. Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming uses.

C. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty percent (50%) of the market value of the structure before the damage occurred, unless it is reconstructed in conformity with the provisions of this chapter.

2. Except as provided in subsection B above, any use which has been permitted as a conditional use or variance shall be considered a conforming use.

160.24 AMENDMENTS. The regulations and standards set forth in this chapter may from time to time be amended, supplemented, changed, or repealed. No amendment, supplement, change, or modification shall be undertaken without prior approval of the Department of Natural Resources.



CHAPTER 165

ZONING REGULATIONSGENERAL PROVISIONS AND DEFINITIONS 165.22 Variances

165.01 Short Title 165.23 Approved Action by Board165.02 Purpose 165.24 Appeals from the Board of Adjustment165.03 Application of District Regulations165.04 Official Zoning Map DISTRICT REGULATIONS165.05 Replacement of Official Zoning Map 165.25 Districts Established165.06 Two-Mile Extension 165.26 AG – Agricultural District165.07 Rules for Interpretation of District Boundaries 165.27 CN – Conservation District165.08 Definitions 165.28 RS – Residential Single-Family District

165.29 RM – Residential Multi-Family DistrictNONCONFORMITIES 165.30 RMO – Residential Multi-Family Optional District

165.09 Intent 165.31 MH – Mobile Home District165.10 Nonconforming Lots of Record 165.32 AC – Arterial Commercial District165.11 Nonconforming Uses of Land (or Land with Minor 165.33 BC – Business Commercial District

Structures Only) 165.34 LI – Light Industrial District165.12 Nonconforming Structures 165.35 HI – Heavy Industrial District165.13 Nonconforming Uses of Structures or of Structures

and Land in Combination SUPPLEMENTARY DISTRICT REGULATIONS165.14 Repairs and Maintenance 165.36 Residential Dwelling Standards165.15 Uses Under Special Exception Provisions Not 165.37 Supplementary Regulations for Residential Districts

Nonconforming Uses 165.37A Wind Turbines

ADMINISTRATION AND ENFORCEMENT ENFORCEMENT AND AMENDMENTS165.16 Administrator 165.38 Enforcement and Interpretation165.17 Zoning/Building Permits Required 165.39 Amendments165.18 Board of Adjustment Created 165.40 Violation165.19 Proceedings of the Board of Adjustment 165.41 Schedule of Fees, Charges, and Expenses165.20 Administrative Review 165.42 Complaints Regarding Violations165.21 Special Exceptions 165.43 Historic Preservation

GENERAL PROVISIONS AND DEFINITIONS

165.01 SHORT TITLE. This chapter shall be known and may be cited as the “City of Forest City, Iowa, Zoning Ordinance.”

165.02 PURPOSE. The purpose of this chapter is to provide adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, to regulate the use of land, and to promote the health, safety, and general welfare in the City of Forest City, Iowa.

165.03 APPLICATION OF DISTRICT REGULATIONS. The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:

1. No building, structure, or land shall hereafter be used or occupied, no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.

2. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter, shall


CHAPTER 165 ZONING REGULATIONS

be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.

3. No yard or lot existing as of the effective date of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

4. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions, or covenants, the most restrictive or that imposing the higher standards shall govern.

5. All structures existing, as of the effective date of this chapter and which comply with the terms and conditions of this chapter, shall be considered lawful and be allowed to continue and exist or be reconstructed as they currently exist.

165.04 OFFICIAL ZONING MAP. The City and surrounding unincorporated lands located in Winnebago County which are within a two-mile radius of the City shall be divided into districts, as shown on the Official Zoning Map which, together with all explanatory matter thereon, shall be adopted by ordinance. One map shall identify the unincorporated area and the other shall identify the incorporated area. Together, these two maps shall be known as the Official Zoning Map.

1. The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, under the following words: “This is to certify that this is the Official Zoning Map referred to in Section 165.04 of Ordinance No. 480 of the City of Forest City, Iowa,” together with the date of adoption.

2. If, in accordance with the provisions of this chapter and Chapter 414, Code of Iowa, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the City Council, with an entry on the Official Zoning Map as follows: “By official action of the City Council, the following changes were made to the Official Zoning Map.” (Indicating the changes by ordinance numbers and date of publication.)

3. No amendment of this chapter which involves matter portrayed on the Official Zoning Map shall become effective until after such change and entry has been made on said map.

165.05 REPLACEMENT OF OFFICIAL ZONING MAP. In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the City Council may by ordinance adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof.

1. The new Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and bearing the Seal of the City under the following words: “This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted as part of Ordinance No. ______ of the City of Forest City, Iowa.”

2. Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.



165.06 TWO-MILE EXTENSION. All regulations within this chapter shall apply to lands located in Winnebago County which are within two miles of the City as shown on the Official Zoning Map of the City. The exemption from regulation granted by Section 414.23, Code of Iowa, to property used for agricultural purposes shall apply to said unincorporated area. The specific regulations and districts hereunder shall be terminated within three months of the establishment of the administrative authority for County zoning, or at such date as mutually agreed upon by the City and County.

165.07 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES. Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply:

1. Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

3. Boundaries indicated as approximately following City limits shall be construed as following such City limits.

4. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

5. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, or other bodies of water shall be construed to follow such centerlines.

6. Boundaries indicated as parallel to or extensions of features indicated in Subsections 1 through 5 above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

7. Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by Subsections 1 through 6 above, the Board of Adjustment shall interpret the district boundaries.

8. Where a district boundary line divides a lot which was in single ownership at the time of adoption of the Zoning Ordinance, the Board of Adjustment may permit, as a special exception, the extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot.

9. Whenever the Council vacates and disposes of a street or alley, adjacent districts shall extend to the centerline of the vacation.

10. Whenever a variance exists between the Official Zoning Map and the legal description on an amendment to this chapter, the legal description applies.



165.08 DEFINITIONS. For purposes of this chapter, certain terms or words used herein shall be interpreted as follows. The words “used or occupied” include the words “intended, designed, or arranged to be used or occupied.” The word “lot” includes the words “plot or parcel,” and the following terms shall be defined as follows:

1. “Abutting” means having property or district lines in common.

2. “Access” means a way of approaching or entering a property from a public street or alley.

3. “Accessory building” means a subordinate building located on the same lot with the main building, occupied by or devoted to an accessory use. Where an accessory building is attached to the main building in a substantial manner, such as by a wall or roof, such accessory building shall be considered part of the main building.

4. “Accessory use” means a use customarily incidental and subordinate to the main use of the land or building and located on the same lot therewith. In no case shall such accessory use dominate, in area, extent or purpose, the principal lawful use or building.

5. “Agriculture” means the production, keeping or maintenance, for sale, lease, or personal use, of plants and animals useful to humans, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, mules, goats, or any mutations or hybrids thereof including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds; vegetables; or land devoted to a soil conservation or forestry management program.

6. “Alley” means a public way, other than a street, 20 feet or less in width, affording secondary means of access to abutting property.

7. “Basement” means a story having part but not more than one-half (½) its height above grade. A basement shall be counted as a story if the vertical distance from the average adjoining grade to its ceiling is over five feet.

8. “Bed and breakfast house” means a house or portion thereof where short-term lodging, rooms, and meals are provided. The operator shall live on the premises.

9. “Board” means the Board of Adjustment.

10. “Boarding house” means a building other than a hotel where, for compensation, meals and lodging are provided for four or more persons.

11. “Building” means any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or property, but not including signs or billboards and not including structures or vehicles originally designed for transportation purposes.

12. “Building, height of” means the vertical distance from the average natural grade at the building line to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or the mean height level between eaves and ridge for gable, hip, and gambrel roofs.

13. “District” means a section or sections of the City within which the regulations governing the use of buildings and premises or the height and area of buildings and premises are uniform.

14. “Dwelling” means any building or portion thereof designed or used exclusively for residential purposes, but not including a tent, cabin, trailer, or mobile home.

15. “Dwelling, multiple” means a building or portion thereof designed for or occupied exclusively for residence purposes by two or more families.



16. “Dwelling, single-family” means a building designed for or occupied exclusively for residence purposes by one family.

17. “Dwelling, two-family” means a building designed for or occupied exclusively for residence purposes by two families.

18. “Family” means one or more persons related by blood, marriage or adoption occupying a single dwelling unit. A family does not include more than four persons unrelated by blood, marriage or adoption; however, domestic employees employed on the premises may be housed on the premises without being counted as a family or families.

19. “Family home” means a community-based residential home which is licensed as a residential care facility under Chapter 135C of the Code of Iowa or as a child foster care facility under Chapter 237 of the Code of Iowa to provide room and board, personal care, habilitation services, and supervision in a family environment exclusively for not more than eight developmentally disabled persons and any necessary support personnel. However, “family home” does not mean an individual foster care family home licensed under Chapter 237 of the Code of Iowa.

20. Garage” means a building or portion thereof in which a motor vehicle containing gasoline, distillate or other volatile, flammable liquid in its tank is stored, repaired, or kept.

21. “Garage, private” means a building or part thereof accessory to a main building and providing for the storage of automobiles and in which no occupation or business for profit is carried on.

22. “Garage, public or storage” means a building or part thereof other than a private garage for the storage of motor vehicles and in which service station activities may be carried on.

23. “Grade” means the average elevation of the finished ground at the exterior walls of the main building.

24. “Health care facility” means any residential care facility, intermediate care facility, or skilled nursing facility.

A. Residential Care Facility. A residential care facility is any institution, place, building, or agency providing for a period exceeding 24 consecutive hours’ accommodation, board, personal assistance and other essential daily living activities to three or more individuals, not related to the administrator or owner thereof within the third degree of consanguinity, who by reason of illness, disease, or physical or mental infirmity are unable to sufficiently or properly care for themselves but who do not require the services of a registered or licensed practical nurse except on an emergency basis.

B. Intermediate Care Facility. An intermediate care facility is any institution, place, building or agency providing for a period exceeding 24 consecutive hours’ accommodation, board, and nursing services, the need for which is certified by a physician, to three or more individuals, not related to the administrator or owner thereof within the third degree of consanguinity, who by reason of illness, disease, or physical or mental infirmity require nursing services which can be provided only under the direction of a registered nurse or a licensed practical nurse.

C. Skilled Nursing Facility. A skilled nursing facility is any institution, place, building, or agency providing for a period exceeding 24 consecutive hours’ accommodation, board, and nursing services, the need for which is



certified by a physician, to three or more individuals not related to the administrator or owner thereof within the third degree of consanguinity who by reason of illness, disease, or physical or mental infirmity require continuous nursing care services and related medical services, but do not require hospital care. The nursing care services provided must be under the direction of a registered nurse on a 24-hours-per-day basis.

25. “Home occupation” means an occupation conducted in a dwelling unit, provided that:

A. Not more than two persons other than members of the family residing on the premises shall be engaged in such occupation, except by special exception by the Board of Adjustment, which may allow one additional person from outside the family to be employed.

B. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 50% of the gross floor area of one floor of the dwelling unit shall be used in the conduct of the home occupation.

C. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one sign, not exceeding three square feet in area, non-illuminated and mounted flat against the wall of the principal building.

D. No home occupation may be conducted in any accessory building, except by special exception of the Board of Adjustment.

E. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met by providing off-street parking and shall not be in a required front yard.

F. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or cause fluctuations in line voltage off the premises.

26. “Hospital” means an institution which is devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care over a period exceeding 24 hours of two or more non-related individuals suffering from illness, injury, or deformity, or a place which is devoted primarily to the rendering over a period exceeding 24 hours of obstetrical or other medical or nursing care for two or more non-related individuals, or any institution, place, building or agency in which any accommodation is primarily maintained, furnished or offered for the care over a period exceeding 24 hours of two or more non-related aged or infirm persons requiring or receiving chronic or convalescent care; and shall include sanitoriums or other related institutions. Provided, however, this shall not apply to hotels or other similar places that furnish only food and lodging, or either, to their guests. “Hospital” includes, in any event, any facilities wholly or partially constructed with Federal financial assistance, pursuant to Public Law 725, 79th Congress, approved August 13, 1946.



27. “Hotel” means a building occupied as the more or less temporary residence of individuals who are lodged for compensation with or without meals, in which there are sleeping rooms or suites of rooms with no provision made for cooking in any individual room or suite of rooms, and entrance is through a common lobby or office.

28. “Junk yard” means any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled or packed, disassembled or handled, including places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including areas where such uses are conducted entirely within a completely enclosed building and not including the processing of used, discarded or salvaged materials as part of manufacturing operations.

29. “Kennel (commercial)” means an establishment in which dogs or domestic animals more than one year old are housed, groomed, bred, boarded, trained, or sold.

30. “Lodging house” means a building originally designed for or used as a single-family, two-family, or multiple-family dwelling, all or a portion of which contains lodging rooms or rooming units which accommodate persons who are not members of the keeper’s family. Lodging or meals, or both, are provided for compensation. The term “lodging house” shall be construed to include: boarding house, rooming house, fraternity house, sorority house and dormitories.

31. “Lot” means, for purposes of this chapter, a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an approved public street, or on an approved private street, and may consist of:

A. A single lot of record;

B. A portion of a lot of record;

C. A combination of complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record;

D. A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.

32. “Lot frontage” means the portion of a lot nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under “Yards” in this section.



33. “Lot measurements” include:

A. Width of a lot is the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the building line; provided, however, width between side lot lines at their foremost points (where they intersect with the street line or front property line) shall not be less than 80% of the required lot width except in the case of lots on the turning circle of a cul-de-sac where 80% requirement shall not apply.

B. Depth of a lot is the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

34. “Lot of record” means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

35. “Lot types” are shown in the chart on the following page which illustrates terminology used in this chapter with reference to “corner” lots, “interior” lots, “through” lots, and “reversed corner” lots as follows:

A. A “corner” lot is a lot located at the intersection of two or more streets.

B. An “interior” lot is a lot other than a corner lot with only one frontage on a street other than an alley.

C. A “through” lot is a lot other than a corner lot with frontage on more than one street other than an alley. Lots with frontage on two nonintersecting streets may be referred to as “through” lots. All accessory or principal buildings located in the rear yard of a through lot must either comply with the minimum front yard set-back requirements of the street abutting the rear yard or be placed so as to align with other existing buildings abutting the street.

D. A “reversed corner” lot is a corner lot, the side street line of which is substantially a continuation of the front lot line of the first lot to its rear.



CHART - LOT



36. “Manufactured home” means a factory-built structure, built under the authority of 42 U.S.C. Section 5403, which was constructed on or after June 15, 1976, and is required by Federal law to display a seal from the United States Department of Housing and Urban Development.

37. “Mobile home” means any vehicle without motive power used or so manufactured or constructed as to permit its being used as a conveyance upon the public streets and highways and so designed, constructed or reconstructed as will permit the vehicle to be used as a place for human habitation by one or more persons, and also includes any such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile home means any such vehicle built before June 15, 1976, which was not built to a mandatory building code and which contains no State or Federal seals.

38. “Modular home” means a factory-built structure built on a permanent chassis which is manufactured to be used as a place of human habitation, is constructed to comply with the Iowa State Building Code for modular factory-built structures, and must display the seal issued by the State Building Code Commissioner.

39. “Motel” (also motor hotel, motor court, motor lodge, or tourist court) means a building or group of buildings designed to provide sleeping accommodations to transient guests for compensation, and provides near each guest room a parking space for the guest’s vehicle. A swimming pool, restaurant, meeting rooms, management offices and other such accessory facilities may be included.

40. “Nonconformities” means lots, structures, uses of land and structures, or characteristics of uses, which are prohibited under the terms of the Zoning Ordinance but were lawful at the date of enactment of this chapter.

41. “Nursing or convalescent home” means a building or structure having accommodations and where care is provided for invalid, infirm, aged, convalescent or physically disabled persons, not including insane and other mental cases, inebriate or contagious cases.

42. “Parking space” means an area of not less than 180 square feet either within a structure or in the open, exclusive of driveway or access drives, for the parking of a motor vehicle.

43. “Permitted use” means a use by right which is specifically authorized in a particular zoning district.

44. “Principal use” means the main use of land or structures as distinguished from an accessory use.

45. “Projections” (into yards) means parts of buildings such as architectural features that extend beyond the building’s exterior wall.

46. “Service station” (gas station) means a building or premises used for dispensing or offering for sale at retail any automobile fuels, oils, or having pumps and storage tanks therefor, or where battery, tire or any similar services are rendered, and where vehicles are not parked for purposes of inspection or sale.

47. “Setback” means the required distance between every structure and lot line on the lot in which it is located.

48. “Sign” means any advertising device or surface outdoors, on or off premises, on which letters, illustrations, designs, figures or symbols are printed or attached and which conveys information or identification.



49. “Sign, off-premises” means an advertising device including the supporting structure which directs the attention of the general public to a business, service, or activity not usually conducted or a product not usually sold upon the premises where such a sign is located. Such a sign shall not include: on-premises signs, directional or other official signs which have a significant portion of their face devoted to giving public service information (date, time, temperature, weather, information, etc.)

50. “Sign, on-premises” means an advertising device concerning the sale or lease of the property upon which it is located and an advertising device concerning activities conducted or products sold on the property upon which it is located.

51. “Statement of intent” means a statement preceding regulations for individual districts, intended to characterize the districts and their legislative purpose.

52. “Story” means that portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, then the space between the floor and the ceiling and the ceiling or roof next above.

53. “Story, half” means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than four feet above the top floor level. A half-story containing independent apartments or living quarters shall be counted as a full story.

54. “Street” means all property dedicated or intended for public or private use for access to abutting lands or subject to public easements therefor, and whether designated as a street, highway, thoroughfare, parkway, throughway, expressway, road, avenue, boulevard, lane, place, circle, or however otherwise designated.

55. “Street line” means the right-of-way line of a street.

56. “Structural alteration” means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls.

57. “Structure” means anything constructed or erected which requires location on the ground or attached to something having location on the ground, including signs and billboards, and excluding temporary political and real estate signs but not including fences or walls used as fences.

58. “Use” means the purpose or activity for which a piece of land or its buildings is designed, arranged, or intended, or for which it is occupied or maintained.

59. “Variance” means a device used by the Board of Adjustment which grants a property owner relief from certain provisions of the Zoning Ordinance when, because of the particular physical surrounds, shape or topographical condition of the property, compliance would result in particular hardship upon the owner, and which further meets the criteria established in Section 165.22 of this chapter.

60. “Yard” means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the depth of a front yard or the depth of a rear yard, the least distance between the lot line and the main building shall be used. Fences and walls are permitted in any yard, subject to height limitations as indicated herein. (See Chart on following page.)

61. “Yard, front” means a yard extending across the width of the lot and measured between the front lot line and the building or any projection thereof, other than the projection of the usual steps or unenclosed porches. On corner lots the front yard shall be either side for



the purpose of selecting the rear yard. Corner lots shall meet the front yard requirements on each street frontage. (See Chart on following page.)

62. “Yard, rear” means a yard extending across the full width of the lot and measured between the rear lot line and the building or any projections other than steps, unenclosed balconies or unenclosed porches. On both corner lots and interior lots the rear yard shall be the opposite end of the lot from the front yard. (See Chart on following page.)

63. “Yard, side” means a yard extending from the front yard to the rear yard and measured between the side lot lines and the building. On corner lots the yard not designated as front or rear yard shall be considered the side yard. Each corner lot shall have two fronts, a rear and one side yard. (See Chart on following page.)



CHART - YARD



64. “Zoning/Building Administrator” means the local official responsible for reviewing zoning and building permits and following a determination by the Board of Adjustment for special exceptions and variances. Decision of the official may be appealed to the Board of Adjustment. Permits are issued by the Zoning/Building Administrator.

65. “Zoning district” means a section the City designated in the text of the Zoning Ordinance and delineated on the Zoning Map in which requirements for the use of land, the building and development standards are prescribed. Within each district, all requirements are uniform.

66. “Zoning Map” means the map delineating the boundaries of districts which, along with the zoning text, comprises the Zoning Ordinance.



NONCONFORMITIES

165.09 INTENT. Within the districts established by this chapter there exist:

1. lots,

2. structures,

3. uses of land and structures, and

4. characteristics of use,

which were lawful before these regulations were passed or amended, but which are prohibited, regulated, or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Further, nonconformities shall not be enlarged upon, expanded or extended, except in conformity with the following rules. Nonconformities shall not be used as grounds for adding other structures or uses prohibited elsewhere in the same district. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of the Zoning Ordinance and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

165.10 NONCONFORMING LOTS OF RECORD. In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of the chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, if the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through the action of the Board of Adjustment except that in the case of destruction, the same dimensions of any building comprising the same location may be permitted.

165.11 NONCONFORMING USES OF LAND (OR LAND WITH MINOR STRUCTURES ONLY). Where at the time of adoption of the Zoning Ordinance lawful use of land exists which would not be permitted by the regulations imposed by this chapter, and where such use involves no individual structure with a replacement cost exceeding one thousand dollars ($1,000.00), the use may be continued so long as it remains otherwise lawful, provided:

1. No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the Zoning Ordinance.

2. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the Zoning Ordinance.



3. If any such nonconforming use of land ceases for any reason for a period of 12 months, then any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located unless a special exception is granted by the Board of Adjustment.

4. No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

165.12 NONCONFORMING STRUCTURES. Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of the Zoning Ordinance by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

1. No such nonconforming structure may be enlarged or altered in such a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

2. Should such nonconforming structure or nonconforming portion of structure be destroyed by any means or to any extent, it shall be allowed to be reconstructed to its previous dimensions or to dimensions which decrease the nonconformity.

3. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

165.13 NONCONFORMING USES OF STRUCTURES OR OF STRUCTURES AND LAND IN COMBINATION. If lawful use involving individual structures with a replacement cost of one thousand dollars ($1,000.00) or more, or of structure and premises in combination, exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions.

1. No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

2. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

3. If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may as a special exception be changed to another nonconforming use provided that the Board of Adjustment, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Adjustment may require appropriate conditions and safeguards in accordance with the provisions of this chapter.

4. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.



5. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for 12 consecutive months or for 18 months during any three-year period (except when government action impedes access to the premises) the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located except by special exception of the Board of Adjustment.

6. When nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at time of destruction. Replacement shall begin within six months of the time of destruction or the nonconforming status shall expire. Said construction shall also be completed within 18 months of the time of destruction or the nonconforming status shall expire.

165.14 REPAIRS AND MAINTENANCE. On any building devoted in whole or in part to any nonconforming use, work may be done on ordinary repairs, provided that the square footage of floor area of the building as it existed at the time of adoption or amendment of this chapter shall not be increased.

165.15 USES UNDER SPECIAL EXCEPTION PROVISIONS NOT NONCON-FORMING USES. Any use which is permitted as a special exception in a district under the terms of this chapter (other than a change through Board of Adjustment action from a nonconforming use to another use not generally permitted in the district) shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.



ADMINISTRATION AND ENFORCEMENT

165.16 ADMINISTRATOR. A Zoning/Building Administrator designated by the Council shall administer and enforce this chapter. The Administrator may be provided with the assistance of such other persons as the Council may direct.

165.17 ZONING/BUILDING PERMITS REQUIRED. No building or other structure shall be erected, moved, or added to, without a permit therefor issued by the Zoning/Building Administrator. No zoning/building permit shall be issued except in conformity with the provisions of this chapter, except after written order from the Board of Adjustment. Fees for zoning/building permits shall be as provided by Council resolution. Zoning/building permits shall be applied for with the Clerk and shall expire two years after the date of issuance if work is begun within 180 days of issuance or after 180 days if no substantial beginning of construction has occurred. Extensions of time may be granted in writing by the Zoning/Building Administrator for good cause. The construction or erection of signs and billboards or buildings less than 10 x 12 in size are exempt from the permit requirements of this section, but such work shall comply with all other regulations in this Zoning Ordinance. In addition, development within the extra-territorial area to which these powers are extended shall be required to secure only approval of a zoning permit and shall not be required to obtain a permit under any building code provisions of the City.

165.18 BOARD OF ADJUSTMENT CREATED. A Board of Adjustment is hereby established which shall consist of seven members. The term of office of the members of the Board and the manner of their appointment shall be as provided by statute. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Two members shall be residents of the area outside the City limits which is subject to this chapter. Said members shall be appointed by the County Board of Supervisors. A majority of the members of the Board of Adjustment shall be persons representing the public at large and shall not be involved in the business of purchasing or selling of real estate.

165.19 PROCEEDINGS OF THE BOARD OF ADJUSTMENT. The Board of Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairperson and at such other time as the Board may determine. The Chairperson or, in the Chairperson’s absence, the acting Chairperson may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board of Adjustment shall, through its Secretary, keep minutes of its proceedings, showing the vote of each member upon each question or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. All actions of the Board concerning special exceptions or variances shall also be recorded in the Office of the County Recorder. It shall be the responsibility of the appellant to record said action and all corresponding stipulations and further said action shall take effect upon the Board receiving sufficient confirmation of the same. A copy of said action shall also be filed in the office of the Zoning/Building Administrator.

165.20 ADMINISTRATIVE REVIEW. The Board of Adjustment shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Zoning/Building Administrator in the enforcement of this chapter.



1. Appeals to the Board may be taken by any person aggrieved, or by any officer, department, board or bureau of the City affected by any decision of the Zoning/Building Administrator. Such appeal shall be taken within 60 days by filing with the Zoning/Building Administrator and with the Board a notice of appeal specifying the grounds thereof. The Zoning/Building Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from is taken.

2. The Board shall fix a reasonable time for the hearing of the appeal, and give not less than seven days or more than 20 days’ public notice. At said hearing, any party may appear in person, by agent or by attorney.

3. An appeal stays all proceedings in furtherance of the action appealed, unless the Zoning/Building Administrator from whom the appeal is taken certifies to the Board of Adjustment, after the Notice of Appeal is filed with the Zoning/Building Administrator, that by reason of facts stated in the certificate, a stay would, in the Zoning/Building Administrator’s opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Zoning/Building Administrator from whom the appeal is taken and on due cause shown.

165.21 SPECIAL EXCEPTIONS. The Board of Adjustment shall hear and decide only such special exceptions as the Board is specifically authorized to pass on by the terms of this chapter, shall decide such questions as are involved in determining whether special exceptions should be granted, and shall grant special exceptions with such conditions and safeguards as are appropriate under this chapter, or deny special exceptions when not in harmony with the purpose and intent of this chapter. A special exception shall not be granted by the Board of Adjustment unless and until:

1. A written application for a special exception is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested.

2. The Board shall fix a reasonable time for the hearing of the special exception, and give not less than seven days or more than 20 days’ public notice. At said hearing, any party may appear in person, by agent or by attorney.

3. The public hearing shall be held. Any party may appear in person, or by agent or attorney.

4. The Board of Adjustment shall make a finding that it is empowered under the section of this chapter described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.

165.22 VARIANCES. The Board of Adjustment shall authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the Board of Adjustment unless and until:

1. A written application for a variance is submitted demonstrating all of the following:

A. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district.



B. Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

C. The special conditions and circumstances do not result from the actions of the applicant.

D. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.

No nonconforming use or structure in the same district and no permitted or nonconforming use or structure in other districts shall be considered grounds for the issuance of a variance.

2. The Board shall fix a reasonable time for the hearing of the variance, and give not less than seven or more than 20 days’ public notice.

3. The public hearing shall be held. Any party may appear in person, or by agent or by attorney.

4. The Board of Adjustment shall make findings that requirements of this section have been met by the applicant for a variance.

5. The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

6. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this chapter in the district involved or any use expressly or by implication prohibited by the terms of this chapter in said district.

165.23 APPROVED ACTION BY BOARD. The concurring vote of a majority of members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the Zoning/Building Administrator or to decide in favor of the applicant on any matter upon with it is required to pass under this chapter or to effect any variation in the application of this chapter.

165.24 APPEALS FROM THE BOARD OF ADJUSTMENT. Any person or persons, or any board, taxpayer, department, board or bureau of the City, or other areas subject to this chapter aggrieved by any decision of the Board of Adjustment may seek review by a court of record of such decision, in the manner provided by the laws of the State and particularly by Chapter 414, Code of Iowa.



DISTRICT REGULATIONS

165.25 DISTRICTS ESTABLISHED. The City is herewith divided into the following districts:

AG Agricultural District

CN Conservation District

RS Residential Single-Family District

RM Residential Multi-Family District

RMO Residential Multi-Family Optional District

MH Mobile Home District

AC Arterial Commercial District

BC Business Commercial District

LI Light Industrial District

HI Heavy Industrial District

These districts are established as identified on the Official Zoning Map which, together with all explanatory matters thereon, is hereby adopted by reference and declared to be part of this chapter.



165.26 AG – AGRICULTURAL DISTRICT. This district is intended to provide for areas in which agriculture and related uses are encouraged as the principal use of land. However, uses which may be offensive to the surrounding area or to the community as a whole by reasons of noise, dust, smoke, odor, traffic or physical appearance or other similar factors are not permitted. The district prohibits urban density residential use until these areas may be served by utilities and services of the City. This district is also intended to preserve land suited for eventual development into other uses, pending proper timing for economical and practical provisions of streets, utilities, schools and other facilities so that reasonably compact development will occur and the fiscal integrity of the City is preserved. All newly annexed areas to the City will automatically be placed into this district classification unless otherwise suitably classified.

1. Permitted Uses. The following uses are permitted in the AG District:

A. Agriculture, including the usual agricultural buildings, dwellings and structures, and excluding offensive uses.

B. Home occupations.

2. Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the AG District including (but not limited to) the following:

A. Living quarters of persons employed on the premises and not rented or otherwise used as a separate dwelling.

B. Private garages, barns and other farm buildings.

C. Roadside stands offering for sale only agricultural products or other products produced on the premises.

D. Temporary buildings for the uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.

E. Satellite dishes.

3. Special Exceptions. Certain uses may be permitted in the AG District subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.

A. Cemeteries, crematories or mausoleums.

B. Commercial kennels.

C. Stables, private or public.

D. Greenhouses and nurseries.

E. Publicly operated sanitary landfills.

F. Private recreational camps, golf courses and recreational facilities.

G. Public or private utility substations, relay stations, etc.

H. Churches or accessory facilities (on or off site).

I. Publicly owned and operated buildings and facilities.

J. Extraction of minerals or raw materials.

K. Bed and breakfast houses.



4. Bulk Regulations. The following requirements shall provide for light and air around permitted uses and buildings in the AG District:

Use Minimum Lot Area

Minimum Lot Width

Minimum Front Yard

Minimum Side Yard

Minimum Rear Yard

Maximum Height

(lesser of)

Dwelling 2 acres 150 feet 60 feet 50 feet 50 feet 2½ stories or 35 feet

Other Uses 10 acres 200 feet 60 feet 50 feet 50 feet 2½ stories or 35 feet, excluding

farm buildings

5. Off-Street Parking. The following off-street parking requirements shall apply in the AG District:

A. Dwellings – two parking spaces on the lot for each living unit in the building.

B. Churches – one parking space within 400 feet of the lot for each five seats in the main auditorium.

C. Public Buildings and Facilities – one parking space for each 300 square feet of gross floor area or one parking space for each five seats in the main assembly area.

D. Roadside Stands – one parking space for each 50 square feet of enclosed floor area.

E. Greenhouses and Nurseries – one parking space per 1,000 square feet of enclosed floor area.

6. Off-Street Loading. The following off-street loading requirements shall apply in the AG District:

A. All activities or uses allowed in the AG District shall be provided with adequate receiving facilities accessible by motor vehicles off any adjacent service drive or open space on the same zoning lot.

B. Loading shall not be permitted to block public right-of-way.

7. Signs. The following sign regulations shall apply to the AG District:

A. Off-premises signs, except real estate or political signs, are not permitted.

B. No sign may be lighted in a manner which impairs the vision of the driver of any motor vehicle.

C. No sign may obstruct the view of any highway or railroad so as to render dangerous the use of the highway.

D. No sign may imitate or resemble an official traffic control sign, signal or device.

E. Signs shall not encroach or extend over public right-of-way.

F. No sign may obscure or physically interfere with an official traffic control sign, signal or device.



G. No advertisement or advertising structure shall be posted, erected or maintained which simulates any official, directional or warning sign erected or maintained by the State, County, City or other governmental subdivision or which incorporates or makes use of lights simulating or resembling traffic signals or control signs.

H. No advertisement shall be posted or maintained on rocks, fences, trees, or other perennial plants, or on poles maintained by public utilities.

I. All signs must comply with the provisions of Section 165.37(17) of the Supplementary District Regulations.



165.27 CN – CONSERVATION DISTRICT. This district is intended to prevent, in those areas which are subject to periodic or potential flooding, such development as would result in a hazard to health or safety or be otherwise incompatible with the public welfare. This district is also intended to provide for water conservation, erosion control, protection of wildlife habitat, protection of natural erosion control, protection of natural drainage ways and to generally provide for ecologically sound land use of environmentally sensitive areas.

1. Permitted Uses. The following uses are permitted in the CN District:

A. Undeveloped and unused land in its natural condition.

B. Public parks and recreation open space.

2. Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the CN District including (but not limited to) the following:

A. Agriculture, exclusive of dwelling units.

B. Agricultural or recreational buildings or structures whose use or value would not be impaired by being flooded.

C. Flood control structures.

D. Roadside stands offering for sale only agricultural products or other products produced on the premises.

E. Temporary buildings for the uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment or the construction work.

3. Special Exceptions. Certain uses may be permitted in the CN District subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.

A. Cemeteries, crematories or mausoleums.

B. Stables, private or public.

C. Greenhouses and nurseries.

D. Private recreational uses.

E. Public or private utility substations, relay stations, etc.

F. Publicly owned buildings and facilities.

4. Bulk Regulations. The following requirements shall provide for light and air around permitted uses and buildings in the CN District:

Minimum Lot Area

Minimum Lot Width

Minimum Front Yard

Minimum Side Yard

Minimum Rear Yard

Maximum Height

(the lesser of)

5 acres 200 feet 50 feet 20 feet 50 feet 2½ stories or 35 feet, excluding farm buildings



5. Off-Street Parking. The following off-street parking requirements shall apply in the CN District:

A. Roadside Stands – one parking space for each 50 square feet of floor area.

B. Greenhouses and Nurseries – one parking space per 1,000 square feet of enclosed floor area.

6. Off-Street Loading. The following off-street loading requirements shall apply in the CN District:

A. All activities or uses allowed in the CN District shall be provided with adequate receiving facilities accessible by motor vehicles off any adjacent service drive or open space on the same zoning lot.


7. Signs. The following sign regulations shall apply to the CN District:













165.28 RS – RESIDENTIAL SINGLE-FAMILY DISTRICT. This district is intended to provide for a variety of single-family and two-family residential areas where public utilities and services are available and to encourage a suitable living environment through the promotion of public health, safety and welfare. Low and medium population density neighborhoods are recognized and provided for. Criteria such as topography, soil types, access, traffic load on streets, schools, utilities, recreation and other public facilities shall be taken into consideration when the lot area requirement is established for the various single-family residential areas of the City.

1. Permitted Uses. The following uses are permitted in the RS District:

A. Single-family detached dwellings.

B. Two-family dwellings.

C. Family homes.

D. Home occupations.

2. Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the RS District:

A. Private garages.

B. The keeping or raising of pigs, sheep, goats, cattle or horses is prohibited. The raising and keeping of other animals and fowl are prohibited on a commercial basis.

C. Private recreational facilities. Private swimming pools shall have a non-climbable fence of at least 6 feet in height and be secured against public access.

D. Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.

3. Special Exceptions. Certain uses may be permitted in the RS District subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.

A. Nursery schools.

B. Public or private utility substations, relay stations, etc.

C. Churches.

D. Publicly owned and operated buildings and facilities.

E. Senior high schools, elementary, junior high schools, colleges, universities, institutions of higher learning and equivalent private and parochial schools.

F. Golf courses but not miniature courses or separate driving tees.

G. Bed and breakfast houses.

H. Hospitals.

I. Home occupations in accessory buildings.

J. Satellite dishes. Satellite dish antennas, either permanent or temporary, are considered as accessory buildings. When the dish is attached to a main building or other structure, the owner must adhere to the Uniform Building Code. No satellite dish shall exceed a diameter of 12 feet except for commercial use.

K. Retail Nurseries.



4. Bulk Regulations. The following requirements shall provide for light and air around permitted residential uses and buildings in the RS District:

Minimum Lot Area

Minimum Lot Width

Minimum Front Yard

Minimum Side Yard

Minimum Rear Yard

Maximum Height

(the lesser of)

6,000 square feet*

50 feet 20 feet 6 feet 20 feet 2½ stories or 35 feet

* Where public sewer facilities are not available, not less than one acre of lot area is required.

5. Off-Street Parking. The following off-street parking requirements shall apply in the RS District:

A. Dwellings – two parking spaces on the lot for each living unit in the building. For dwellings not consisting of living units: two parking spaces on the lot for each 2,000 square feet of floor area.

B. Churches – one parking space within 400 feet of the lot for each five seats in the main auditorium.

C. Public buildings and facilities – one parking space for each 300 square feet of gross floor area or one parking space for each five seats in the main assembly area.

D. Elementary, junior high and equivalent private or parochial schools – one parking space for each classroom and office plus one parking space for each 300 square feet of gross floor area in the auditorium or gymnasium.

E. Senior high schools and equivalent private or parochial schools – one parking space for each employee and one parking space for each ten students.

F. Colleges, universities, institutions of higher learning, and equivalent private or parochial schools – one parking space for each employee and one parking space for each five students.

G. Public buildings and facilities – one parking space for each 300 square feet of gross floor area.

H. Nursery schools – one parking space per employee.

6. Off-Street Loading. The following off-street loading requirements shall apply in the RS District:

A. All activities or uses allowed in the RS District shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.


7. Signs. The following sign regulations shall apply to the RS District:





165.29 RM – RESIDENTIAL MULTI-FAMILY DISTRICT. This district is intended to provide for a variety of multi-family residential areas where public utilities and services are available and to encourage a suitable living environment through the promotion of public health, safety and welfare. Medium and high population density neighborhoods are recognized and provided for. Criteria such as topography, soil types, access, traffic load on streets, schools, utilities, recreation and other public facilities shall be taken into consideration when the lot area requirement is established for the various multi-family residential areas of the City.

1. Permitted Uses. The following uses are permitted in the RM District:



C. Multi-family homes.


E. Family homes.

2. Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the RM District:

A. Private garages.

B. Parking lots.

C. The keeping or raising of pigs, sheep, goats, cattle or horses is prohibited. The raising and keeping of other animals and fowl is prohibited on a commercial basis.

D. Private recreational facilities. Private swimming pools shall have a non-climbable fence of at least 6 feet in height and be secured against public access.

E. Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.

3. Special Exceptions. Certain uses may be permitted in the RM District subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.

A. Nursery schools.


C. Churches and publicly owned and operated buildings and facilities.

D. Senior high schools, elementary, junior high schools, colleges, universities, institutions of higher learning and equivalent private and parochial schools.

E. Lodging houses, dormitories, fraternities and sororities.

F. Bed and breakfast houses.

G. Health care facilities.

H. Home occupations in accessory buildings.



I. Satellite dishes. Satellite dish antennas, either permanent or temporary, are considered as accessory buildings. When the dish is attached to a main building or other structure, the owner must adhere to the Uniform Building Code. No satellite dish shall exceed a diameter of 12 feet, except for commercial use.

4. Bulk Regulations. The following requirements shall provide for light and air around permitted residential uses and buildings in the RM District.

Minimum Lot Area

Minimum Lot Width

Minimum Front Yard

Minimum Side Yard

Minimum Rear Yard

Maximum Height

(the lesser of)

6,000 square feet*

50 feet 20 feet 6 feet 20 feet 3 stories or 45 feet


5. Off-Street Parking. The following off-street parking requirements shall apply in the RM District.

A. Single-Family Dwellings – two parking spaces on the lot.

B. Multi-Family Dwellings – one parking space on the lot for each dwelling unit.

C. Churches – one parking space within 400 feet of the lot for each five seats in the main auditorium.




G. Public buildings and facilities – one parking space for each 300 square feet of gross floor area, or one parking space for each 5 seats in the main assembly area.


6. Off-Street Loading. The following off-street loading requirements shall apply in the RM District.

A. All activities or uses allowed in the RM District shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.




7. Signs. The following sign regulations shall apply to the RM District:












165.30 RMO – RESIDENTIAL MULTI-FAMILY OPTIONAL DISTRICT. This district is intended to provide for a variety of multi-family residential areas as well as certain public and private institutions where public utilities and services are available and to encourage a suitable living environment through the promotion of public health, safety and welfare. Medium and high population density neighborhoods are recognized and provided for. Criteria such as topography, soil types, access, traffic load on streets, schools, utilities, recreation and other public facilities shall be taken into consideration when the lot area requirement is established for the various multi-family residential areas of the City.

1. Permitted Uses. The following uses are permitted in the RMO District:



C. Multi-family homes.


E. Family homes.

F. Churches.

G. Public schools.

H. Senior high schools, elementary, junior high schools, colleges, universities, institutions of higher learning and equivalent private and parochial schools.

I. Lodging houses, dormitories, fraternities and sororities.

J. Home occupations in accessory buildings.

2. Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the RMO District:

A. Private garages.

B. Parking lots. The design and construction of parking lots in this district shall be in compliance with standards established for parking lots as adopted by resolution of the Council and available at City Hall.

C. The keeping or raising of pigs, sheep, goats, cattle or horses is prohibited. The raising and keeping of other animals and fowl is prohibited on a commercial basis.

D. Private recreational facilities. Private swimming pools shall have a non-climbable fence of at least 6 feet in height and be secured against public access.

E. Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.

3. Special Exceptions. Certain uses may be permitted in the RMO District subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.

A. Nursery schools.


C. Bed and breakfast houses.

D. Health care facilities.

E. Publicly owned and operated buildings and facilities.



F. Satellite dishes. Satellite dish antennas, either permanent or temporary, are considered as accessory buildings. When the dish is attached to a main building or other structure, the owner must adhere to the Uniform Building Code. No satellite dish shall exceed a diameter of 12 feet, except for commercial use.

4. Bulk Regulations. The following requirements shall provide for light and air around permitted residential uses and buildings in the RMO District.

Minimum Lot Area

Minimum Lot Width

Minimum Front Yard

Minimum Side Yard

Minimum Rear Yard

Maximum Height

(the lesser of)

6,000 square feet*

50 feet 20 feet 6 feet** 20 feet 4 stories or 60 feet


** Buildings and parking lots, when constructed as permitted uses, Section 165.30(1)(F), (G), (H), or (I), or as an accessory use to such permitted uses shall be no closer than 12 feet from a lot line when adjacent to a lot under separate ownership.

5. Off-Street Parking. The following off-street parking requirements shall apply in the RMO District.

A. Single-Family Dwellings – two parking spaces on the lot.

B. Multi-Family Dwellings – one parking space on the lot for each dwelling unit.

C. Churches – one parking space within 400 feet of the lot for each five seats in the main auditorium.




G. Public buildings and facilities – one parking space for each 300 square feet of gross floor area, or one parking space for each 5 seats in the main assembly area.


6. Off-Street Loading. The following off-street loading requirements shall apply in the RMO District:

A. All activities or uses allowed in the RMO District shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.


7. Signs. The following sign regulations shall apply to the RMO District:




165.31 MH – MOBILE HOME DISTRICT. This district is intended to provide for certain medium density residential areas in the City now developed as mobile home parks which by reason of their design and location are compatible with surrounding residential areas and areas of the City where similar development seems likely to occur. This district has useful application as a transition zone between shopping areas and residential areas and is normally located along thoroughfares where direct access to the site is available. “Mobile home park” means any site, lot, field or tract of land under common ownership upon which two (2) or more occupied mobile homes, manufactured homes, modular homes (or a combination of such homes) are harbored, either free of charge or for revenue purposes, and includes any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of such mobile home park. The term “mobile home park” is not to be construed to include mobile homes, buildings, tents or other structures temporarily maintained by any individual, educational institution or company on their own premises and used exclusively to house their own labor or students. The mobile home park shall meet the requirements of any zoning regulations that are in effect.

1. Permitted Uses. The following uses are permitted in the MH District:

A. Mobile homes located in an approved mobile home park.

B. Home occupations.

2. Accessory Uses.

A. Private garages.

B. The keeping or raising of pigs, sheep, goats, cattle or horses is prohibited. The raising and keeping of other animals and fowl is prohibited on a commercial basis.

C. Private recreational facilities.

D. Temporary buildings for uses incidental to construction work. Such buildings shall be removed upon completion or abandonment of the construction work.

3. Special Exceptions.

A. Public or private utility substation, relay stations, etc.

B. Nursery schools.

C. Churches or accessory facilities on or off site.

D. Home occupations in accessory buildings.

E. Satellite dishes. Satellite dish antennas, either permanent or temporary, are considered as accessory buildings. When the dish is attached to a main building or other structure, the owner must adhere to the Uniform Building Code. No satellite dish shall exceed a diameter of 12 feet except for commercial use.

4. Bulk Regulations. A mobile home park permit shall be required for construction of any mobile home park. Permits shall be issued by the Zoning Administrator after plans have been submitted which conform to the following bulk requirements. Fees for said permit shall be established by Council resolution. Construction shall comply with the following:

A. Density is limited to nine (9) mobile homes per acre.

B. No mobile home shall be located within 5 feet of any driveway or parking space, within 75 feet of the right-of-way line of a public street or less than 35 feet from the side or rear lot lines of the mobile home park.



C. Each mobile home site shall be provided with a stand consisting of a reinforced 4-inch poured Portland cement concrete apron not less than 8 feet wide and 45 feet long and a paved outdoor patio of at least 180 square feet located at the main entrance to the mobile home.

D. A greenbelt, at least 25 feet in width, shall be located along all boundaries of each mobile home park, except where it is crossed by driveways.

E. Each mobile home shall be located on a lot having an area of at least 4,500 square feet provided.

F. All minimum street widths in mobile home parks shall be approved as private streets and further comply with the following:

Motor Vehicle Parking Traffic Use Minimum Pavement Width

No Parking on Street 1-way road 14 feetNo Parking on Street 2-way road 20 feetParallel Parking (1 side only) 1-way road 20 feetParallel Parking (1 side only) 2-way road 30 feetParallel Parking (2 sides) 1-way road 26 feetParallel Parking (2 sides) 2-way road 36 feet

5. Signs. The following sign regulations shall apply to the MH District:

A. All signs must comply with the provisions of Section 165.37(17) of the Supplementary District Regulations.




165.32 AC – ARTERIAL COMMERCIAL DISTRICT. This district is intended to provide for certain areas of the City for the development of service, retail, and other nonresidential uses which because of certain locational requirements and operational characteristics are appropriately located in close proximity to arterial and other main thoroughfares. Residential type structures are also permitted. The district is further characterized by a typical need for larger lot sizes, off-street parking, adequate setbacks, clear vision, safe ingress and egress, and access to other adjacent thoroughfares.

1. Permitted Uses.

A. Sales and display rooms and lots, including yards for the storage or display of new or used building materials, but not for any scrap or salvage operation storage or sales.

B. Offices and clinics.

C. Churches and publicly owned and operated buildings and facilities.

D. Hotels and motels.

E. Any other retail or service sales business, including food preparation for sale off-premises.

F. Publicly owned and operated buildings and facilities.

G. Dwellings, single-family, two-family and multi-family.

2. Accessory Uses. Uses of land or structures customarily incidental and subordinate to a permitted use in the AC District:

A. Private recreational facilities.

B. Living quarters of persons employed on the premises and not rented or otherwise used as a separate dwelling.

C. Private garages.

D. Parking lots.

E. Temporary buildings for the uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.

3. Special Exceptions. Certain uses may be permitted in the AC District subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.

A. Public or private utility substations, relay stations, etc.

B. Satellite dishes. Satellite dish antennas, either permanent or temporary, are considered as accessory buildings. When the dish is attached to a main building or other structure, the owner must adhere to the Uniform Building Code. No satellite dish shall exceed a diameter of 12 feet, except for commercial use.



4. Bulk Regulations. The following requirements shall provide for light and air around permitted residential uses and buildings in the AC District.

Minimum Lot Area

Minimum Lot Width

Minimum Front Yard

Minimum Side Yard

Minimum Rear Yard

Maximum Height

(the lesser of)

6,000 square feet

50 feet 70 feet from edge of

Highways 9 and 69

6 feet 20 feet 4 stories or 60 feet

5. Off-Street Parking. The following off-street parking requirements shall apply in the AC District.

A. Sales and service buildings – one parking space per 300 square feet of gross floor area.

B. Offices/clinics – one parking space per 300 square feet of gross floor area.

C. Churches – one parking space within 400 feet of the lot for each 5 seats in the main auditorium.

D. Public buildings and facilities – one parking space per 300 square feet of gross floor area or one parking space for each 5 seats in the main assembly area.

E. Hotels and motels – one parking space per room plus one parking space for each employee.

6. Off-Street Loading. The following off-street loading requirements shall apply in the AC District:

A. All activities or uses allowed in the AC District shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.


7. Signs. The following sign regulations shall apply to the AC District:

A. Off-premises signs are permitted.

B. Off-premises signs shall comply with the setbacks of the districts they are located in. Other bulk regulations so not apply.

C. No sign may be lighted in a manner which impairs the vision of the driver of any motor vehicle.

D. No sign may obstruct the view of any highway or railroad so as to render dangerous the use of the highway.

E. No sign may imitate or resemble an official traffic control sign, signal or device.

F. Signs shall not encroach or extend over public right-of-way.

G. No sign may obscure or physically interfere with an official traffic control sign, signal or device.

H. No advertisement or advertising structure shall be posted, erected or maintained which simulates any official, directional or warning sign erected or maintained by the State, County,



City or other governmental subdivision or which incorporates or makes use of lights simulating or resembling traffic signals or control signs.

I. No advertisement shall be posted or maintained on rocks, fences, trees, or other perennial plants, or on poles maintained by public utilities.

J. All signs must comply with the provisions of Section 165.37(17) of the Supplementary District Regulations.



165.33 BC – BUSINESS COMMERCIAL DISTRICT. This district is intended to provide for certain areas of the City for the development of service, retail and other non-residential uses, excluding industrial and agricultural uses.

1. Permitted Uses.

A. Business sales and services conducted entirely within the building, including those with incidental manufacturing or processing of goods or products.

B. Offices and clinics.

C. Publicly owned and operated buildings and facilities.

2. Accessory Uses. Uses of land or structure customarily incidental and subordinate to a permitted use in the BC District:

A. Private recreational facilities

B. Living quarters of persons employed on the premises and not rented or otherwise used as a separate dwelling.

C. Private garages.

D. Parking lots.

E. Temporary buildings for the uses incidental to construction work. Such buildings shall be removed upon the completion or abandonment of the construction work.

3. Special Exceptions. The following uses may be permitted in the BC District subject to specific conditions and requirements intended to make them compatible with and acceptable to adjacent uses.

A. Public or private utility substations, relay stations, etc.

B. Satellite dishes. Satellite dish antennas, either permanent or temporary, are considered as accessory buildings, except that a 72-hour temporary use is allowed. No satellite dish shall exceed a diameter of 12 feet.

C. Warehouses.

D. Churches or accessory facilities on or off site.

E. Hotels and motels.

F. Dwellings, second floor and above.

G. Multi-family dwellings, on a vacant lot or lots, new construction only. Any such construction shall comply with the front, side, and back yard requirements of the RMO Residential Multi-family Optional District.

4. Bulk Regulations. The following requirements shall provide for light and air around permitted uses and buildings in the BC District:

Minimum Lot Area

Minimum Lot Width

Minimum Front Yard

Minimum Side Yard

Minimum Rear Yard

Maximum Height

(the lesser of)

None None None None None 4 stories or 60 feet

Where this district abuts a lower intensity district, the greater side and rear yard setbacks apply.



5. Off-Street Parking. The following off-street parking requirements shall apply in the BC District.

A. Sales and service buildings – one parking space per 300 square feet of gross floor area.

B. Offices/clinics – one parking space per 300 square feet of gross floor area.

C. Churches – one parking space within 400 feet of the lot for each five (5) seats in the main auditorium.

D. Public buildings and facilities – one parking space for each 300 square feet of gross floor area or one parking space for each five seats in the main assembly area.

E. Hotels and motels – one parking space per room plus one parking space for each employee.

F. Dwellings – 1 space per unit. (Ord. 703 – Jul. 10 Supp.)

6. Off-Street Loading. The following off-street loading requirements shall apply in the BC District:

A. All activities or uses allowed in the BC District shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.


7. Signs. The following sign regulations shall apply to the BC District:


B. Off-premises signs shall comply with the setbacks of the districts they are located in. Other bulk regulations do not apply.




F. Signs shall not encroach or extend over public right-of-way except by special exception of the Board of Adjustment.


H. No advertisement or advertising structure shall be posted, erected or maintained which simulates any official, directional or warning sign erected or maintained by the State, County, City or other governmental subdivision or which incorporates or makes use of lights simulating or resembling traffic signals or control signs.





165.34 LI – LIGHT INDUSTRIAL DISTRICT. This district is intended to provide for areas of development by industrial firms that have high standards of performance and that can locate in close proximity to residential and business uses. The district regulations are designed to permit the development of any manufacturing or industrial operations which on the basis of actual physical and operational characteristics, would not be detrimental to the surrounding area or to the community as a whole by reasons of noise, dust, smoke, odor, traffic, physical appearance or other similar factors. All industrial operations must be in an enclosed building. No residential uses are permitted in this district.

1. Permitted Uses. The following uses are permitted in the LI District.

A. Any nonresidential building or use which would not be hazardous, obnoxious, offensive or unsightly by reason of odor, sound, vibrations, radioactivity, electrical interference, glares, liquid or solid waste, smoke, or other air pollutants.

B. Storage, manufacture, compounding, processing, packing and/or treatment of products, exclusive of the rendering or refining of fats and/or oils.

C. Manufacture, compounding, assembly and/or treatment of articles or merchandise derived from previously prepared materials.

D. Assembly of appliances and equipment, including manufacture of small parts.

E. Wholesale distribution of all standard types of prepared or packaged merchandise.

F. Sale and storage of building materials. Outdoor or open storage shall be allowed.

G. Contractors’ offices and storage of equipment.

2. Accessory Uses. Uses of land or structures customarily incidental and subordinate to a permitted use in the LI District.

A. Accessory buildings and uses customarily incidental to a permitted use.

B. Living quarters for watchmen or custodians of industrial properties.

3. Special Exceptions. No special exceptions are allowed.

4. Bulk Regulations. The following requirements shall provide for light and air around permitted uses and buildings in the LI District.

Minimum Lot Area

Minimum Lot Width

Minimum Front Yard

MinimumSide Yard

Minimum Rear Yard

Building Height

6,000 square feet

50 feet 25 feet None 25 feet, unless bordering a

railroad right-of-way, in which

case 5 feet

4 stories or 60 feet

5. Off-Street Parking. The following off-street parking requirements shall apply in the LI District:

A. All commercial uses shall provide one parking space on the lot for each 300 square feet of floor area.



B. All industrial uses shall provide one parking space on the lot for each two employees of maximum number employed at any one time.

6. Off-Street Loading. The following off-street loading requirements shall apply in the LI District:

A. All activities or uses allowed in the LI District shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.


7. Signs. The following sign regulations shall apply to the LI District:


B. Off-premises signs shall comply with the setbacks of the Districts they are located in. Other bulk regulations do not apply.












165.35 HI – HEAVY INDUSTRIAL DISTRICT. This district is intended to provide areas for activities and uses of a heavy industrial character and is the least restrictive of any district. In the best interest of the City, certain uses in the HI District shall be subject to final Board of Adjustment approval, conditional approval, or denial to insure that proper safeguards are taken. No residential uses are permitted.

1. Permitted Uses. There may be any use, excluding residential uses and mobile homes. The following uses must be given separate City Board of Adjustment approval before a zoning/building permit is issued.

A. Acid manufacture.

B. Cement, lime, gypsum, or plaster of paris manufacture.

C. Distillation of bones.

D. Explosive manufacture or storage.

E. Fat rendering.

F. Fertilizer manufacture.

G. Gas manufacture.

H. Garbage, offal, or dead animals, reduction or dumping.

I. Glue manufacture.

J. Petroleum, or its products, refining of.

K. Smelting of tin, copper, zinc, or iron ores.

L. Stockyards or slaughter of animals.

M. Junk yards. Must be surrounded by a solid fence at least six (6) feet high located within building lines and the junk piled not higher than the fence.

Before granting such separate approval, the Board of Adjustment shall refer applications to the Commission for study, investigation and report. If no report is received in thirty (30) days, the Board of Adjustment may assume approval of the application.

2. Board of Adjustment. The Board of Adjustment shall then after holding a public hearing consider all of the following provisions in its determination upon the particular use at the location requested:

A. The proposed location, design, construction, and operation of the particular use adequately safeguards the health, safety and general welfare of persons residing or working in adjoining or surrounding property.

B. Such use shall not impair an adequate supply of light and air to surrounding property.

C. Such use shall not unduly increase congestion in the streets, or public danger of fire and safety.

D. Such use shall not diminish or impair established property values in adjoining or surrounding property.

E. Such use shall be in accord with the intent, purpose and spirit of this chapter and the Comprehensive Plan of the City.

3. Required Conditions.



A. The best practical means known for the disposal of refuse matter or water-carried waste, the abatement of obnoxious or offensive odor, dust, smoke, gas, noise or similar nuisance shall be employed and shall be subject to all State and Federal regulations.

B. All principal buildings and all accessory buildings or structures, including loading and unloading facilities, shall be located at least 100 feet from any “R” District boundary, except where adjoining a railroad right-of-way, and 50 feet from any commercial boundary.

4. Accessory Uses. Uses of land or structures customarily incidental and subordinate to a permitted use in the HI District.

A. Accessory buildings and uses customarily incidental to a permitted use.

B. Living quarters for watchmen or custodians of industrial properties.

5. Bulk Regulations. The following requirements shall provide for light and air around permitted uses and buildings in the HI District.

Minimum Lot Area

Minimum Lot Width

Minimum Front Yard

MinimumSide Yard

Minimum Rear Yard

Building Height

None None 25 feet None, except when adjacent to an “RS” / “RM” District, 100 feet, and 50 feet when adjacent to “C”

District

30 feet, unless bordering a

railroad right-of-way, in which

case, 5 feet

4 stories or 60 feet

6. Off-Street Parking. The following off-street parking requirements shall apply in the HI District.

A. All commercial uses shall provide one parking space on the lot for each 300 square feet of floor area.

B. All industrial uses shall provide one parking space on the lot for each two employees of maximum number employed at any one time.

7. Off-Street Loading. The following off-street loading requirements shall apply in the HI District:

A. All activities or uses allowed in the HI District shall be provided with adequate receiving facilities accessible by motor vehicle off any adjacent service drive or open space on the same zoning lot.


8. Signs. The following sign regulations shall apply to the HI District:


B. Off-premises signs shall comply with the setbacks of the Districts they are located in. Other bulk regulations do not apply.





SUPPLEMENTARY DISTRICT REGULATIONS

165.36 RESIDENTIAL DWELLING STANDARDS. All single-family dwelling units shall meet the following minimum standards:

1. The minimum dwelling width shall be 22 feet at the exterior dimension.

2. All dwelling units shall provide for a minimum of 600 square feet of floor space.

165.37 SUPPLEMENTARY REGULATIONS FOR RESIDENTIAL DISTRICTS.

1. Building Lines on Approved Plats. Whenever the plat of a land subdivision approved by the Planning Commission and on record in the office of the County Recorder shows a building line along any frontage for the purpose of creating a front yard or side street yard line, the building line thus shown shall apply along such frontage in place of any other yard line required in this chapter.

2. Structures to Have Access. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or public open space, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.

3. Erection of More Than One Principal Structure on a Lot. In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this chapter shall be met for each structure as though it were on an individual lot.

4. Accessory Buildings. No accessory building may be erected in any required front yard. No separate accessory building shall be closer than 6 feet to the rear or side lot line. Accessory buildings located in the rear yard may not occupy more than 35 percent of the rear yard and the aggregate of all accessory buildings shall not exceed 900 square feet. No accessory building shall be used without occupancy of the principal building, and no accessory building shall exceed 18 feet in height.

5. Fences. No fence or hedge more than 30 percent solid or more than three feet high may be located within 40 feet of a street intersection. Fences or hedges less than four feet high may be located on any remaining part of a lot. Fences or hedges less than six feet high may be erected on those parts of a lot that are as far back or further back from a street than the main building. Higher fences may be allowed by special exception only.

6. Height Limits. Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers, spires, wireless towers, grain elevators, or necessary mechanical appurtenances are exempt from height regulations in Sections 165.26 through 165.35.

7. Projections into Required Yards. Sills, belt courses, cornices, and ornamental features may project only two feet into a required yard.

8. Fire Escapes and Balconies. Open fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard for a distance of not more than 3½ feet, when so placed as not to obstruct light and ventilation, may be permitted by the Zoning/Building Administrator.

9. Porches. Open, unenclosed porches may extend 10 feet into a front yard.



10. Terraces. Terraces which do not extend above the level of the ground (first) floor may project into a required yard, provided these projections are distant at least two feet from the adjacent side lot line.

11. Utility Service Lines. Nothing in this chapter shall have the effect of prohibiting utility service lines.

12. Yards and Visibility. On a corner lot in any district, except the BC District, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of three and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines forty feet from the point of the intersection. (See Diagram on following page).

13. Rear Yards. The required rear yard may be reduced by up to 20% of the depth of the lot on any lot not exceeding 100 feet in depth by special exception of the Board of Adjustment.

14. Swimming Pools. Private swimming pools shall be allowed only in rear yards and shall not be allowed in front or side yards.

15. Propane Tanks. Propane tanks shall be located in compliance with State of Iowa requirements and regulations.

16. Conversion to Real Property. A mobile home, modular home or manufactured home which is located outside a mobile home park shall be converted to real estate by being placed on a permanent foundation and shall be assessed for real estate taxes except in the following cases:

A. Dealer’s Stock. Mobile, modular or manufactured homes on private property as part of a dealer’s or a manufacturer’s stock not used as a place for human habitation.

B. Existing Homes. A taxable mobile home, manufactured home or modular home which is located outside of a mobile home park as of July 1, 1994, shall be assessed and taxed as real estate, but is exempt from the permanent foundation requirement of this chapter until the home is relocated.

17. Prohibited Signs and Nonconforming Signs.

A. The following signs are expressly prohibited in all zoning districts, except as otherwise provided by this chapter:

(1) Abandoned Signs. Such business signs that advertise an activity, business, product or service no longer conducted or available on the premises on which the sign is located shall be prohibited, and such abandoned signs shall be removed within sixty (60) days of the date of abandonment. This requirement is not intended to prohibit off-premises signs erected in compliance with this chapter.



DIAGRAM

Corner Lots – Yards and Visibility



(2) Signs in a State of Disrepair. Any sign which is otherwise in compliance with this subsection, but has faded, has letters or numbers missing, is in need of paint, has a portion of the sign missing, or is otherwise in need of maintenance shall also be in violation of this subsection and must be removed or repaired within sixty (60) days of the date of receiving a notice to repair.

(3) Signs Near Overhead Line. All signs must comply with the National Electric Safety Code, Part 2, Table 234-1, and any amendments thereto. Failure to comply with said Code is a violation of this subsection. In addition to any sanctions imposed by this Code of Ordinances, the sign must be removed within sixty (60) days of the date of receiving a notice to remove.

B. Every sign or other advertising structure in existence on the effective date of the ordinance codified by this subsection which does not conform to the provisions of this subsection, shall be termed a nonconforming sign and shall be removed, altered or replaced so as to conform to the provisions of this subsection in accordance with the following:

(1) Signs that are abandoned as described in subparagraph (1) of paragraph A of this subsection shall be removed, altered or replaced within 60 days of the effective date of the ordinance codified by this subsection.

(2) Signs that are in a state of disrepair as described in subparagraph (2) of paragraph A of this subsection shall be removed, altered or replaced within 60 days of the effective date of this subsection.

(3) Signs which are in violation of the National Electric Safety Code, Part 2, Table 234-1, as described in subparagraph 3 of paragraph A of this subsection shall be removed, altered or replaced within 60 days of the effective date of the ordinance codified by this subsection.

(4) Any nonconforming off-premises sign, except those subject to subparagraph (1) of this paragraph B, shall be deemed a nonconforming structure or nonconforming use of a structure and land in combination, as applicable, pursuant to Sections 165.12 and 165.13 and shall comply with said regulations.

18. Zero Lot Line Criteria. Utilization of the zero lot line regulations requires the approval of the entire subdivision in which a zero lot line unit is proposed. Such subdivisions shall be limited to generally undeveloped areas and shall be approved by the Zoning Administrator. Approval of a subdivision for zero lot line regulations shall be designated by the symbol ZL following the subdivision name on the district map. A two-family or multiple family dwelling which utilizes zero lot line regulations may be built when all of the following conditions have been met:

A. Each dwelling unit is attached on one side (in the case of two-family dwellings or end units of a multiple family dwellings), or two sides (in the case of interior units of multiple family dwellings), to the other dwelling unit(s). The side property line divides each dwelling unit.



B. The applicant provides to the Zoning Administrator and records in the office of the County Recorder, acceptable covenant and deed restrictions on all properties which are proposed for zero lot line designation. The restrictions include the following:

(1) Provision for access to the abutting property for the adjacent property owner and/or the owner’s representative for the purpose of construction, reconstruction, repair, and maintenance of the side which will abut the common lot line.

(2) Provision for necessary easement encroachments for footings, eaves, and special structures, and provides for perpetual easements in the event of an encroachment by the party wall.

(3) Provision that the City is a third party to the approval and subsequent changes to any covenants and deed restrictions, but is not a third party in enforcement of said covenants and deed restrictions.

(4) Provision for restrictions to limit changes of color, material and design of the dwelling so as to be compatible with the attached unit.

165.37A WIND TURBINES.

1. Intent. This section establishes general guidelines for the siting and use of wind turbine generators and related devices and structures. This section is intended to:

A. Protect residential areas from any potentially adverse visual or noise impacts of wind turbine generators or related devices or structures.

B. Provide for a land use that will provide an energy source with low associated environmental impacts.

C. Provide for the removal of abandoned or noncompliant wind turbine generator towers, anemometer towers, or related devices and structures.

D. Allow restricted use of wind turbine generator towers and anemometers of limited height.

2. Definitions Related to Wind Turbine Generators.

A. Anemometer. An instrument for measuring and recording the speed of the wind.

B. Anemometer Tower. A structure, including all accessory facilities, temporarily erected for no more than two (2) years, on which an anemometer is mounted for the purposes of documenting whether a site has wind resources sufficient for the operation of a wind turbine generator.

C. Wind Turbine Generator. A tower, pylon, or other structure, including all accessory facilities, upon which any, all, or some combination of the following is mounted:

(1) A wind vane, blade, or series of wind vanes or blades, or other devices mounted on a rotor for the purpose of converting wind kinetic energy into electrical energy.

(2) A shaft, gear, belt, or coupling device used to connect the rotor to a generator, alternator, or other electrical or mechanical energy-producing device.

(3) A generator, alternator, or other device used to convert mechanical energy transferred by the rotation of the rotor into electrical energy.



D. Wind Turbine Generator Height. The distance between the ground and the highest point of the wind turbine generator equipment, including the blades.

E. Shadow Flicker. The visible flicker effect when rotating turbine blades cast shadows on the ground and nearby structures causing the repeating pattern of light and shadows.

3. Applicability.

A. Wind turbine generator tower and anemometer tower setbacks for towers shall be a distance equal to 110% of the total height of the tower and blades from all inhabited structures, overhead utility lines, public road right-of-way, and property boundaries.

B. All wind turbine generators and anemometer towers shall only be permitted after a conditional use permit approval in accordance with Section 165.21 (Board of Adjustment), and shall be subject to all standards and requirements of Section 165.37A(4).

C. The Forest City Airport Board must approve the maximum height and location of all generator towers (plus blades) or anemometer towers to insure the safety of airplane traffic.

D. The Forest City Electric Utility Department shall approve any electric generator system before and after installation.

4. General Requirements.

A. Minimum Site Area. The minimum site area for a wind turbine generator or an anemometer tower shall be as necessary to meet required setbacks and any other standards of this section.

B. Maximum Height. The maximum wind turbine generator height (blades included), or the height of an anemometer tower erected prior to the wind turbine generator, shall be 300 feet.

C. Minimum Rotor Wind Vane or Blade Clearance. The lowest point of the arc created by rotating wind vanes or blades on a wind turbine generator shall be no less than 25 feet or ¼ of the tower height, whichever is greater.

D. Maximum Noise Levels. Any proposed wind turbine generator shall produce sound levels that are no more than 50 decibels as measured on the dB(A) scale at the property lines of the site in question. A variance is allowed when due to occasional high winds. A noise report shall be submitted with any application for an anemometer tower or wind or wind turbine generator tower. A noise report shall be prepared by a qualified professional or equipment vendor and shall include the following, at a minimum:

(1) A description and map of the project’s noise producing features, including the range of noise levels expected, and the basis of the expectation.

(2) A description of the projects proposed noise control features and specific measures proposed to mitigate noise impacts for sensitive land uses.

E. Maximum Vibrations. Any proposed wind turbine generator shall not produce vibrations humanly perceptible beyond the property on which it is located.

F. Transmission Lines. Any on-site electrical transmission lines connecting the wind turbine generator to the public utility electricity distribution system shall be located underground.

G. Interference with Reception. Any wind turbine generators shall be constructed and operated so that they do not interfere with television, microwave, navigational, or radio reception to neighboring areas.



H. State and Federal Requirements. Any proposed wind turbine generator or anemometer tower shall meet or exceed any standards and regulations of the FAA, the Iowa Utilities Board, National Electric Code, and any other agency of the State or Federal government, with the authority to regulate wind turbine generators or other tall structures in effect at the time the conditional use permit is approved.

I. Aesthetics and Lighting. Any proposed wind turbine generator or anemometer tower shall meet the following requirements:

(1) Each wind turbine generator or anemometer tower, including all accessory structures, shall be galvanized or painted a non-reflective neutral color to reduce visual obtrusiveness.

(2) Each wind turbine generator tower may be monopole, monotube, or lattice style construction and shall not include guy wires. This provision shall not apply to anemometer towers.

J. Signs. A sign no more than four (4) square feet in area displaying the location of any shut off switch, an address, telephone number for emergency or information inquiries shall be posted at the wind turbine generator tower or anemometer tower erected prior to a wind turbine generator. No wind turbine generator tower or anemometer tower or site shall include an advertising sign other than the wind turbine and related equipment manufacturers.

K. Unauthorized Access. Wind turbine generators and anemometer shall be designed to prevent unauthorized access. The tower shall be designed and installed to not provide step bolts or a ladder readily accessible to the public for a minimum height of ten (10) feet above the ground.

L. Essential Services. Wind turbine generators and anemometers shall be regulated and permitted pursuant to this section of the zoning ordinance and shall not be regulated or permitted as essential services, public utilities, or private utilities.

M. Removal of Abandoned or Unsafe Wind Turbine Generators or Anemometer Towers.

(1) Any wind turbine generator or anemometer that is not operated for a period of 12 months shall be considered abandoned.

(2) A tower found to be unsafe or not in compliance with the special land use conditions related to noise or shadow flicker placed upon it by the Zoning Board of Adjustment, shall be found to be in violation of the conditional use permit.

(3) The owner of any wind turbine generator tower or anemometer tower that is abandoned or in violation of the conditional use permit shall remove the same within 90 days of receipt of notice from the City of Forest City for such abandonment or violation.

(4) Failure to remove an abandoned wind turbine generator or anemometer tower within the 90-day period provided in this subsection shall be grounds for the City of Forest City to remove the wind turbine generator or anemometer tower at the owner’s expense. The City shall mail a statement of the total cost to the person failing to abide by the notice to remove and if the amount shown has not been paid within one (1) month, the cost shall be certified to the Winnebago County Auditor and it shall then be collected with, and in the same manner as, general property taxes.

N. Engineer Certification. Applications for any wind turbine generator shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of all components of the wind turbine generator showing compliance with the applicable regulations and certified by a licensed professional engineer shall also be submitted.



(165.37A - Ord. 701 – Jul. 10 Supp.)




ENFORCEMENT AND AMENDMENTS

165.38 ENFORCEMENT AND INTERPRETATION. All questions of interpretation and enforcement shall be first presented to the Zoning/Building Administrator, or that person’s assistant, and such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Zoning/Building Administrator, and recourse from the decisions of the Board of Adjustment shall be to the courts as provided by law and particularly by Chapter 414, Code of Iowa.

165.39 AMENDMENTS.

1. The regulations, restrictions, and boundaries may, from time to time, be amended, supplemented, changed, modified, or repealed, provided that at least seven (7) days’ notice of the time and place of such hearing shall be published in a paper of general circulation in the City. In no case shall the notice be published more than twenty (20) days prior to the hearing.

2. Notwithstanding Section 414.2, as a part of an ordinance changing land from one zoning district to another zoning district or an ordinance approving a site development plan, the Council may impose conditions on a property owner which are in addition to existing regulations if the additional conditions have been agreed to in writing by the property owner before the public hearing required under this section or any adjournment of the hearing. The conditions must be reasonable and imposed to satisfy public needs which are directly caused by the requested change. In case, however, of a written protest against a change or repeal which is filed with the City Clerk and signed by the owners of twenty percent (20%) or more of the area of the lots included in the proposed change or repeal, or by the owners of 20% or more of the property which is located within 200 feet of the exterior boundaries of the property for which the change or repeal is proposed, the change or repeal shall not become effective except by the favorable vote of at least three-fourths (¾) of all the members of the Council. The protest, if filed, must be filed before or at the public hearing.

3. Proposed amendments not recommended by the Planning and Zoning Commission shall become effective only upon a favorable vote of three-fourths (¾) of the members of the City Council. All zoning amendment application forms shall be approved by resolution of the City Council.

165.40 VIOLATIONS. Violation of the provisions of this chapter or with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special exceptions) shall constitute a misdemeanor. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City from taking such legal action as is necessary to prevent any violation.

165.41 SCHEDULE OF FEES, CHARGES, AND EXPENSES. The City Council shall establish a schedule of fees, charges, and expenses and a collection procedure for zoning district changes, zoning permits, appeals, and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the Zoning/Building Administrator, and the City Clerk, and may be altered or amended only by the City Council, as recommended by the Commission.

165.42 COMPLAINTS REGARDING VIOLATIONS. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such



complaint, stating fully the causes and basis thereof, shall be filed with the Zoning/Building Administrator. The Administrator shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter.

165.43 HISTORIC PRESERVATION.

1. Purpose.

A. The City of Forest City would like to 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;

B. The City of Forest City would like to safeguard the City’s historic, aesthetic, and cultural heritage by preserving sites and districts of historic and cultural significance;

C. The City of Forest City would like to stabilize and improve property values;

D. The City of Forest City would like to foster pride in the legacy of beauty and achievements of the past;

E. The City of Forest City would like to protect and enhance the City’s attractions to tourists and visitors and the support and stimulus to business thereby provided;

F. The City of Forest City would like to strengthen the economy of the City;

G. The City of Forest City would like to promote the use of sites and districts of historic and cultural significance as places for the education, pleasure, and welfare of the people of this City.

2. Definitions.

A. “Commission” means the Forest City Historic Preservation Commission, as established by this chapter.

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

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

(2) Is associated with events that have made significant contributions to the broad patterns of our local, State or national history; or

(3) 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.

(4) Is associated with the lives of persons significant in our past; or



(5) Has yielded, or may be likely to yield, information important in prehistory or history.

C. “Historic site” means an archaeological site, structure or building which:

(1) Is associated with events that have made a significant contribution to the broad patterns of our history; or

(2) Is associated with the lives of persons significant in our past; or

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

(4) Has yielded, or may be likely to yield, information important in prehistory or history.

3. Forest City Historic Preservation Commission.

A. The Commission shall initially consist of five (5) members who shall be residents of the City.

B. Members of the Commission shall be appointed by the Mayor with the advice and consent of the City 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.

C. The original appointment of the members of the Commission shall be three for two years, and two for three years, from January 1, following the year of such appointment or until their successor is appointed to service for the term of three years.

D. 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.

E. Members may serve for more than one term and each member shall serve until the appointment of a successor.

F. Vacancies shall be filed by the City according to the original selection as aforesaid.

G. Members shall serve without compensation.

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

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

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

4. Powers of Commission.

A. The Commission may conduct studies for the identification and designation of historic districts and sites meeting the definitions established by this section. 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.



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

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

D. Other Powers. In addition to those duties and powers specified above, the Commission may, with City Council approval:

(1) Accept unconditional gifts and donations of real and personal property, including money, for the purpose of historic preservation.

(2) Acquire by purchase, bequest, or donation, fee and lesser interest in historic properties, including properties adjacent to or associated with historic properties.

(3) Preserve, restore, maintain and operate historic properties, under the ownership or control of the Commission.

(4) 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.

(5) Contract, with the approval of the governing body, with the State or the Federal government or other organizations.

(6) Cooperate with the Federal, State and local governments in the pursuance of the objectives of historic preservation.

(7) Provide information for the purpose of historic preservation to the governing body.

(8) Promote and conduct an educational and interpretive program on historic properties within its jurisdiction.

(Section 165.43 - Ord. 738 – Dec. 13 Supp.)



EDITOR’S NOTE

The following ordinances, not codified herein, which amend the Official Zoning Map as described in Section 165.04, have been adopted and are specifically saved from repeal and are in full force and effect.

ORDINANCE ADOPTED ORDINANCE ADOPTED480 (Official Zoning

Map) August 16, 1993533 September 16, 1996577 October 4, 1999583 February 21, 2000602 June 18, 2001624 September 15, 2003631 February 2, 2004638 August 2, 2004647 April 26, 2005673 November 6, 2006727 September 4, 2012735 March 18, 2013


CHAPTER 170

SUBDIVISION REGULATIONS170.01 Definitions 170.19 Parks and Open Space170.02 Application 170.20 Conservation170.03 Recording of Plat 170.21 Preapplication Conference170.04 Fees Established 170.22 Sketch Plan Required170.05 Penalties 170.23 Presentation to Commission or Council170.06 Building Permit to be Denied 170.24 Subdivision Classified170.07 Improvements Required 170.25 Plats Required170.08 Inspection 170.26 Requirements of Preliminary Plat170.09 Minimum Improvements 170.27 Procedures for Review of Preliminary Plat170.10 Easements Required 170.28 Duration of Approval of Preliminary Plat170.11 Performance Bond Required 170.29 Authorization to Install Improvements170.12 Alternative Private Systems for Sewer or Water 170.30 Completion and Acceptance of Improvements170.13 Design Standards 170.31 Performance Bond Permitted170.14 Lands Subject To Flooding 170.32 Requirements of Final Plat170.15 Plat to Conform to Comprehensive Plan 170.33 Attachments to Final Plat170.16 Construction Standards for Improvements 170.34 Procedures for the Review of Final Plat170.17 Street Standards 170.35 Variances170.18 Block and Lot Standards 170.36 Changes and Amendments

170.01 DEFINITIONS. For use in this chapter, the following terms or words are defined:

1. “Alley” means public property dedicated to public use primarily for vehicular access to the back or side of properties otherwise abutting on a street.

2. “Block” means an area of land within a subdivision that is entirely bounded by streets, railroad rights-of-way, rivers, tracts of public land, or the boundary of the subdivision.

3. “City Engineer” means the professional engineer registered in the State of Iowa designated as City Engineer by the Council or other hiring authority.

4. “Comprehensive Plan” means the general plan for the development of the community adopted by the Council. Such Comprehensive Plan shall include any part of such plan separately adopted and any amendment to such plan or parts thereof.

5. “Cul-de-sac” means a street having one end connecting to another street and the other end terminated by a vehicular turn-around.

6. “Easement” means an authorization by a property owner for another to use a designated part of the property for a specified purpose.

7. “Flood hazard area” and “Floodway” are defined in Chapter 160 of this Code of Ordinances.

8. “Improvements” means changes to land necessary to prepare it for building sites, including but not limited to grading, filling, street paving, curb paving, sidewalks, walkways, water mains, sewers, drainageways and other public works and appurtenances.

9. “Lot” means a portion of a subdivision or other parcel or tract of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development.

10. “Lot, corner” means a lot situated at the intersection of two streets.

11. “Lot, double frontage” means any lot which is not a corner lot which abuts two streets.


CHAPTER 170 SUBDIVISION REGULATIONS

12. “Owner” means the legal entity holding title to the property being subdivided or such representative or agent as is fully empowered to act on its behalf.

13. “Planning Commission” or “Commission” means the Planning and Zoning Commission of the City.

14. “Plat” means a map, drawing or chart on which a subdivider’s plan for the subdivision of land is presented, which the subdivider submits for approval and intends, in final form, to record.

15. “Plats officer” means the individual assigned the duty to administer this chapter by the Council.

16. “Resubdivision” means any subdivision of land which has previously been included in a recorded plat. In appropriate context, it may be a verb referring to the act of preparing a plat of previously subdivided land.

17. “Street” means public property, not an alley, intended for vehicular circulation. In appropriate context, the term “street” may refer to the right-of-way bounded by the property lines of such public property or may refer to the paving installed within such right-of-way.

18. “Street, major” means a street which has or for which it is planned to have continuity to carry traffic from one section of the City to another or which provides a traffic route out of and into the City. The “major street” designation shall include only those City streets classified by the County Functional Classification Board as arterial connector, trunk extension or trunk collector and any state and Federal highways.

19. “Street, minor” means a City street other than a major street.

20. “Subdivider” means the owner of property being subdivided or such other person or entity empowered to act on the owner’s behalf.

21. “Subdivision” means the division of land into two or more parts for the purpose, whether immediate or future, of transfer of ownership or building development. The term, when appropriate to the context, may refer to the process of subdividing or to land subdivided. However, the sale or exchange of small parcels of land to or between the owners of adjacent platted lots, where such sale or exchange does not create any additional lots and where the land sold or exchanged constitutes less than fifty percent (50%) of the area of the enlarged lot after such transfer, shall not be considered a subdivision.

22. “Utilities” means systems for the distribution or collection of water, gas, electricity, cablevision, waste water and storm water.

170.02 APPLICATION. Every owner of any tract or parcel of land who has subdivided or shall hereafter subdivide or plat the same into two (2) or more parts for the purpose of laying out an addition, subdivision, building lot or lots, acreage or suburban lots within the City or, in accordance with Section 354.9 of the Code of Iowa, within two (2) miles from the corporate limits of the City shall cause plats of such area to be made in the form and containing the information, as hereinafter set forth before selling any lots therein contained or placing the plat on record.

170.03 RECORDING OF PLAT. No subdivision plat, resubdivision plat, or street dedication within the City or within two (2) miles of the corporate limits of the City shall be filed for record with the County Recorder or recorded by the County Recorder until a final plat of such subdivision, resubdivision or street dedication has been reviewed and approved in accordance with the provisions of this chapter. Upon the approval of the final plat by the



Council, it shall be the duty of the subdivider to immediately file such plat with the County Auditor and County Recorder, as required by law. Such approval shall be revocable after ninety (90) days and after due notice to the subdivider, unless such plat has been recorded and evidence thereof filed with the Clerk within such ninety (90) days.

170.04 FEES ESTABLISHED. The Council shall, from time to time, establish by resolution fees for the review of plats. No plat for any subdivision or resubdivision shall be considered filed with the Clerk unless and until said plat is accompanied by the fee as established by resolution of the Council and as required by this chapter.

170.05 PENALTIES. Any person who shall dispose of or offer for sale any lot or lots within the area of jurisdiction of this chapter, until the plat thereof has been approved by the Council and recorded as required by law, shall forfeit and pay fifty dollars ($50.00) for each lot or part of lot sold, disposed of or offered for sale. Nothing contained herein shall in any way limit the City’s right to any other remedies available to the City for the enforcement of this chapter.

170.06 BUILDING PERMIT TO BE DENIED. No building permit shall be issued for construction on any lot, parcel or tract within the City’s corporate limits where a subdivision is required by this chapter unless and until a final plat of such subdivision has been approved and recorded in accordance with this chapter and until the improvements required by this chapter have been accepted by the City.

170.07 IMPROVEMENTS REQUIRED. The subdivider shall, at his or her own expense, install and construct all improvements required by this chapter. All required improvements shall be installed and constructed in accordance with the design standards established for such improvements by the City and as shown on the approved preliminary plat.

170.08 INSPECTION. All improvements shall be inspected by the City Engineer to ensure compliance with the requirements of this chapter.

170.09 MINIMUM IMPROVEMENTS. The improvements set forth below shall be considered the minimum improvements necessary to protect the public health, safety and welfare.

1. Streets. The subdivider of land being subdivided shall provide the grading of the entire street right-of-way, alley or public place and provide appropriate paving, including curb and gutter on all streets. All streets or alleys shall be of such width and shall be so constructed as to meet the standards of the City. Under some circumstances, the City may require as a condition for approval of the plat dedication and improvements of a street having a width greater than necessary to meet the needs of the platted area, but necessary to complete the City street system as it relates to both the area being platted and other areas. In such event, the City will pay the subdivider the difference in cost of improving the wider street and the street width reasonable to meet the foreseeable needs of the subdivision taken alone. The streets shall, upon final approval and acceptance by the City, become the property of the City.

2. Sanitary Sewer System. The subdivider of the land being platted shall make adequate provision for the disposal of sanitary sewage from the platted area with due regard being given to present or reasonably foreseeable needs. There shall be constructed, at the subdivider’s expense, a sanitary sewer system including all necessary pumping stations, pumping equipment, manholes and all other necessary or desirable appurtenances to provide for the discharge of sanitary sewer from all lots or parcels of land within the platted area to a



connection with the City’s sanitary sewers. The sanitary sewer system shall be constructed in accordance with the plans and specifications of the City. Under some circumstances, the City may require as a condition for approval of the plat installation of a sanitary sewer that is larger than necessary to meet the needs of the platted area, but necessary to complete the City sanitary sewer system as it relates to both the area being platted and other areas. In such event, the City will pay the subdivider the difference in cost of pipe and installation between the larger sewer and the diameter of sewer reasonable to meet the foreseeable needs of the area. The above mentioned facilities for the collection and disposal of sanitary sewage from the platted area shall, upon final approval and acceptance by the City, become the property of the City.

3. Storm Sewer System. The subdivider of land being platted shall install and construct a storm sewer system adequate to serve the area, including anticipated extension of use to serve additional areas. The storm sewer system shall be constructed in accordance with plans and specifications of the City. Under some circumstances, the City may require as a condition for approval of the plat installation of a storm sewer system that is larger than necessary to meet the needs of the platted area, but necessary to complete the City storm sewer system as it relates to both the area being platted and other areas. In such event, the City will pay the subdivider the difference in cost of pipe and installation between the larger sewer and the diameter of sewer reasonable to meet the foreseeable needs of the area. The sewers shall, upon inspection, approval and acceptance by the City, become the property of the City. In the storm sewer design phase, consideration shall be given to alternatives and principles of storm water management or the provisions of a storm water management plan if such plan has been adopted by the City.

4. Water Main System. The subdivider of the land being platted shall install and construct a water main system to adequately serve all lots or parcels of land within the platted area with due regard to present and reasonably foreseeable needs of the entire area and shall connect the same to the City’s existing water mains. Under some circumstances, the City may require as a condition for approval of the plat installation of a water main that is larger than necessary to meet the needs of the platted area, but necessary to complete the City water distribution system as it relates to both the area being platted and other areas. In such event, the City will pay the subdivider the difference in cost of pipe and installation between the larger water main and the diameter of water main reasonable to meet the foreseeable needs of the area. The water mains shall, upon inspection, approval and acceptance by the City, become the property of the City.

5. Electrical, Telephone and Cable Television Systems. Any electrical, telephone and cable television transmission lines shall be installed underground according to local utility specifications, except for main transmission lines.

6. Other Improvements. The owner and subdivider of the land being platted shall be responsible for the installation of sidewalks within the street area; the installation of walkways as necessary; grading, seeding or sodding of all lots; the planting of any required trees in the parking; the installation of street signs; and the provision of street lighting. All such improvements shall be under the direction of the City Engineer or director of the electric utility, as appropriate.

7. The top of any basement constructed on or after the passage of this subsection shall be at least 16 inches above the street curb and if there is no curb, at least 23 inches above the edge of the traveled surface of the road. This provision shall apply to all new construction whether or not subject to the provisions of this chapter.

(Ord. 726 – Jul. 12 Supp.)



170.10 EASEMENTS REQUIRED.

1. Where alleys are not provided in the plat, easements of not less than five (5) feet in width shall be granted to the City by the owner on each side of all rear and side lot lines where necessary for public utility requirements. Easements of greater width may be required along lot lines or across lots when necessary for the extensions of main sewers or other utilities.

2. Necessary easements shall be provided for electrical, telephone and cable television systems.

3. Easements along streams and water courses. Wherever any stream or surface watercourse is located in an area that is being subdivided, the subdivider shall, at his or her own expense, make adequate provisions for the proper drainage of surface water and shall provide and dedicate to the City an easement along said stream or watercourse as necessary for the proper maintenance of the watercourse and as approved by the City.

170.11 PERFORMANCE BOND REQUIRED. The subdivider shall be required to provide to the City proper performance bonds, satisfactory to the City, so as to ensure the quality and performance of any dedicated improvements for a period of two (2) years from the date of acceptance of said improvements, except the performance bonds on street paving shall be for four (4) years.

170.12 ALTERNATIVE PRIVATE SYSTEMS FOR SEWER OR WATER. Where connection to the City sewer or water system cannot reasonably be made, the City may approve alternate private facilities for the distribution of water or the collection and disposal of sanitary wastes. Such alternate private system shall be designed to fully protect the public health, safety and welfare and shall meet all requirements of State, County or other applicable health regulations. Prior to granting approval of such alternate private systems, the City shall require that the owner and subdivider provide to the City a waiver of assessment protest or such other legally binding documents necessary to protect the City from the expense of the subsequent installation of sewer or water facilities.

170.13 DESIGN STANDARDS. The standards set forth in the following Sections 170.14 through 170.20 shall be considered the standards necessary to protect the public health, safety, and general welfare, and can only be deviated from by authorized variance.

170.14 LANDS SUBJECT TO FLOODING. No subdivision containing land located in a floodway or a flood hazard area shall be approved by the City without the approval of the State Department of Natural Resources. No lot shall be located so as to include land located within a floodway or flood hazard area unless the lot is of such size and shape that it will contain a buildable area not within the floodway or flood hazard area suitable for development as allowed by the Zoning Ordinance for the zone in which the lot is located. Land located within a flood hazard area or a floodway may be included within a plat as follows, subject to the approval of the City.

1. Included within individual lots in the subdivision, subject to the limitations of this section.

2. Reserved as open space for recreation use by all owners of lots in the subdivision, with an appropriate legal instrument, approved by the City, providing for its care and maintenance by such owners.

3. If acceptable to the City, dedicated to the City as public open space for recreation or flood control purposes.



170.15 PLAT TO CONFORM TO COMPREHENSIVE PLAN. The arrangement, character, extent, width, grade and location of all streets and the general nature and extent of the lots and uses proposed shall conform to the comprehensive plan of the City, provided such plan has been adopted by the City and shall conform to such other plans, including but not limited to a major street plan, a sanitary sewer system plan, or a parks and open space plan, provided such plan has been adopted by the City.

170.16 CONSTRUCTION STANDARDS FOR IMPROVEMENTS. In addition to the standards set forth in this chapter, the City Engineer shall from time to time prepare, and the Council shall, from time to time, adopt by resolution, technical standards for public improvements. Such technical standards for public improvements shall contain the minimum acceptable specifications for the construction of public improvements. Such technical standards may vary for classes of improvements, giving due regard to the classification of streets or other improvements, and the extent and character of the area served by the improvements. Upon adoption by the Council by resolution, such technical standards for public improvements shall have such force and effect as if they were fully set forth herein.

170.17 STREET STANDARDS. The following standards shall apply to all streets to be located within the subdivision:

1. Streets shall provide for the continuation of major streets from adjoining platted areas and the extension of major streets into adjoining unplatted areas. Where a plat encompasses the location for a major street proposed in the comprehensive plan or major thoroughfare plan, the plat shall provide for such major street.

2. Street grades shall align to existing streets, and all grades for streets shall be as approved by the City.

3. Major streets shall be located so as not to require direct access from the major street to abutting lots.

4. Street right-of-way widths and pavement widths shall be as specified in the comprehensive plan, major street plan or technical standards for public improvements.

5. Half streets are prohibited, except where an existing platted half street abuts the subdivision. A platted half street to complete the street shall then be required.

6. Minor streets should be designed to discourage through traffic while safely connecting to major streets.

7. Street jogs with centerline offsets of less than 125 feet are prohibited.

8. Streets shall intersect as nearly at right angles as possible, and no street shall intersect any other street at less than sixty (60) degrees.

9. At intersections of major streets and otherwise as necessary, lot corners abutting the intersection shall be rounded with a radius sufficient to provide necessary space within the right-of-way for sidewalks, traffic control devices, and necessary improvements without encroachment onto the corner lots.

10. Dead-end streets are prohibited, except where a street is planned to continue past the subdivider’s property, a temporary dead end may be allowed.

11. Streets which connect with other streets, or loop streets, are preferable for maintenance, fire protection and circulation, but cul-de-sacs may be permitted. Cul-de-sacs shall not exceed 500 feet in length.



12. Dead-end alleys shall be provided with a turn-around with a minimum right-of-way diameter of 125 feet.

13. When a tract is subdivided into larger than normal lots or parcels, such lots or parcels shall be so arranged as to permit the logical location and opening of future streets and appropriate resubdivision with provision for adequate utility connection for such resubdivision. Easements for the future openings and extensions for such streets or utilities may, at the discretion of the Council, be made a requirement of the plat.

14. Streets which are, or will become, extensions of existing streets shall be given the same name as the existing streets. New street names shall not be the same or sound similar to existing street names. All street names shall be at the approval of the Council.

15. The Council may approve a private street provided adequate covenants or other legal documents ensure that the City will not have or need to assume any maintenance or other responsibility for such street.

16. There shall be a minimum of 6 inches of compacted rock as a base for any streets constructed. Two sub drains of at least 4 inches in diameter shall be provided under any new street constructed within the City of Forest City. Any sub drains shall drain into the Storm Sewer System or some other appropriate storm drainage facility as approved by the Superintendent of Streets. All sub drain design shall be approved by the Superintendent of Streets and said approval shall be included with the plans submitted to the Planning and Zoning Commission for approval.

(Ord. 726 – Jul. 12 Supp.)

170.18 BLOCK AND LOT STANDARDS. The following standards shall apply to the layout of blocks and lots in all subdivisions and, to the extent possible, in all resubdivisions:

1. No residential block shall be longer than 1300 feet measured from street line to street line. The width of blocks should be arranged so as to allow two tiers of lots, with utility easement.

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

3. The size and shape of blocks or lots intended for commercial or industrial use shall be adequate to provide the use intended and to meet the parking, loading and other requirements for such uses contained in the Zoning Ordinance.

4. Lot arrangement and design shall be such that all lots will provide satisfactory building sites, properly related to topography and surrounding land uses.

5. Residential lots shall have a minimum of 6,000 square feet except as noted in subsection 11 below and the size and shape of all lots shall comply with all requirements of the Zoning Ordinance for the zone in which the lot is located.

6. All lots shall abut a public street or an approved private street with a minimum frontage of 60 feet measured as a straight line between the two front lot corners except frontage on a radius may have a minimum frontage of not less than thirty-five (35) feet.

7. Unless unavoidable, lots shall not front or have direct access to major streets. Where unavoidable, lots shall be so arranged as to minimize the number of access points.



8. All lots lines shall be at right angles to straight street lines or radial to curved street lines, except where, in the judgment of the Council, a variation to this provision will provide a better street and lot layout.

9. Corner lots shall have sufficient extra width to permit the required front yard setback as specified in the Zoning Ordinance, oriented to either street.

10. Double frontage lots shall only be permitted where abutting a major street and a minor street, and such lots shall front only on the minor street.

11. Any lot to be served by a private sanitary sewage system shall have sufficient area to allow for a satisfactory drain field. No subdivision to be served by septic systems shall be approved by the Council until percolation tests have been performed and the results of said tests have been provided to and reported on by the County Health Officer.

12. Wherever possible, service and collector streets should be oriented in an east-west direction and lot frontages should be oriented to the north and south.

170.19 PARKS AND OPEN SPACE. All residential subdivisions should be so designed as to meet the neighborhood park and open space needs of its residents. Such needs may be met by dedication and acceptance of public park land and/or by reservation by covenant of private open space, provided there shall exist sufficient covenants, running with the land, to insure adequate maintenance by the property owners benefiting from such open space.

170.20 CONSERVATION. Efforts shall be made to conserve natural resources and advantageously utilize all natural features and vegetation on the property to minimize soil erosion. Consideration will be given to eliminate any form of underground or surface water pollution.

170.21 PREAPPLICATION CONFERENCE. Whenever a subdivision located within the platting jurisdiction of the City is proposed, the owner and subdivider shall schedule a preapplication conference with the Plats Officer. The conference should be attended by the Plats Officer and such other City or Utility representatives as deemed desirable and by the owner and engineer and/or planner as deemed advisable.

170.22 SKETCH PLAN REQUIRED. For the preapplication conference, the subdivider shall provide a map or sketch showing the location of the subdivision, the general location of any proposed streets and other improvements, and the general layout and arrangement of intended land uses, in relation to the surrounding area.

170.23 PRESENTATION TO COMMISSION OR COUNCIL. The subdivider may present the sketch plan to the Commission and Council for review prior to incurring significant costs preparing the preliminary or final plat.

170.24 SUBDIVISION CLASSIFIED. Any proposed subdivision or resubdivision shall be classified as minor subdivision or major subdivision.

1. Minor Subdivision. Any subdivision which contains not more than four (4) lots fronting on an existing street and which does not require construction of any public improvements and which does not adversely affect the remainder of the parcel shall be classified as a minor plat.

2. Major Subdivision. Any subdivision which in the opinion of the Council does not, for any reason, meet the definition of a minor plat, shall be classified as a major subdivision.



170.25 PLATS REQUIRED. In order to secure approval of any proposed subdivision, the owner and subdivider shall submit to the City plats and other information as required by this chapter. The owner and subdivider of any major subdivision shall comply with the requirements for a preliminary plat and the requirements for a final plat. The owner and subdivider of a minor subdivision may elect to omit the submission of a preliminary plat.

170.26 REQUIREMENTS OF PRELIMINARY PLAT. The subdivider shall prepare and file with the Clerk the required fee and ten (10) copies of the preliminary plat, drawn at a scale of one inch equals one hundred feet (1 = 100) or larger. Sheet size shall not exceed twenty-four inches by thirty-six inches (24 x 36). Where more than one sheet is required, the sheets shall show the number of the sheet and the total number of sheets in the plat and match lines indicating where other sheets adjoin. The preliminary plat shall be clearly marked “preliminary plat” and shall show or have attached thereto the following:

1. Title, scale, north point and date.

2. Proposed name of the subdivision which shall not duplicate or resemble existing subdivision names in the County.

3. The name and address of the owner and the name, address and profession of the person preparing the plat.

4. A key map showing the general location of the proposed subdivision in relation to surrounding development.

5. The names and locations of adjacent subdivision and the names of record owners and location of adjoining parcels of unplatted land.

6. The location of property lines, streets and alleys, easements, buildings, utilities, watercourses, tree masses and other existing features affecting the plat.

7. Existing and proposed zoning of the proposed subdivision and existing zoning or adjoining property.

8. Contours at vertical intervals of not more than two feet if the general slope of the site is less than ten percent (10%) and at vertical intervals of not more than five (5) feet if the general slope is 10% or greater.

9. The legal description of the area being platted.

10. The boundary of the area being platted, shown as a dark line, with the approximate length of boundary lines and the approximate location of the property in reference to known section lines.

11. The layout, number and approximate dimensions of proposed lots. A strip of land shall not be reserved by the subdivider unless the land is of sufficient size and shape to be of some practical use or service as determined by the Council.

12. The location, width, and dimensions of all streets and alleys proposed to be dedicated for public use.

13. The proposed names for all streets in the area being platted.

14. Present and proposed utility systems, including sanitary and storm sewers, other drainage facilities, water lines, gas mains, electric utilities and other facilities.

15. Proposed easements showing locations, widths, purposes and limitations.



16. Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds or other public, semi-public or community purposes, or shown for such purpose in the comprehensive plan or other adopted plans.

17. A general summary description of any protective covenants or private restrictions to be incorporated in the final plat.

18. Any other pertinent information, as necessary.

170.27 PROCEDURES FOR REVIEW OF PRELIMINARY PLAT.

1. The Clerk, upon receipt of ten (10) copies of the preliminary plat, shall file one copy in the records of the City, shall retain one copy for public inspection and shall forward the remaining copies of the plat to the Plats Officer.

2. The Plats Officer shall provide copies of the plat to the City Engineer and such other persons as necessary to review the plat and shall schedule the plat for consideration by the Commission.

3. The Commission shall examine the plat and the report of the City Engineer and such other information as it deems necessary or desirable to ascertain whether the plat conforms to the ordinances of the City and to the comprehensive plan and other duly adopted plans of the City. The Commission shall, within sixty (60) days of the filing of the plat with the Clerk, forward a report and recommendation regarding the plat to the Council. If such recommendation is to disapprove or modify the plat, the reasons therefor shall be set forth in writing in the report, and a copy of the report and recommendation shall be provided to the applicant.

4. The Council shall examine the plat, the report of the City Engineer, the report of the Commission, and such other information as it deems necessary or desirable. Upon such examination, the Council shall ascertain whether the plat conforms to the ordinances and standards of the City, the comprehensive plan, and other duly adopted plans of the City, and will be conducive to the orderly growth and development of the City in order to protect the public health, safety and welfare. Following such examination, the Council may approve, approve subject to conditions, or disapprove the plat. If the decision of the Council is to disapprove the plat or to approve the plat subject to conditions, the reasons therefor shall be set forth in writing in the official records of the Council, and such decisions shall be provided to the applicant. Action on the preliminary plat by the Council shall be taken within thirty (30) days of receiving recommendations of the Commission.

170.28 DURATION OF APPROVAL OF PRELIMINARY PLAT. The approval of a preliminary plat by the Council shall be valid for a period of one year from the date of such approval, after which such approval shall be void and the subdivider shall take no action requiring the precedent approval of a preliminary plat except upon application for and approval of an extension of such period of validity by the Council.

170.29 AUTHORIZATION TO INSTALL IMPROVEMENTS. The approval of the preliminary plat shall constitute authorization by the Council for the installation of improvements as required by this chapter and as shown on the preliminary plat, provided no such improvement shall be constructed or installed until and unless the plans, profiles, cross sections and specifications for the construction of such improvement has been submitted to and approved in writing by the City Engineer.



170.30 COMPLETION AND ACCEPTANCE OF IMPROVEMENTS. Before the Council will approve the final plat, all of the foregoing improvements shall be constructed and accepted by formal resolution of the Council. Before passage of said resolution of acceptance, the City Engineer shall report that said improvements meet all City specifications and ordinances or other City requirements and the agreements between the subdivider and the City.

170.31 PERFORMANCE BOND PERMITTED. In lieu of the requirement that improvements be completed prior to the approval of a final plat, the subdivider may post a performance bond with the City guaranteeing that improvements not completed shall be completed within a period of two (2) years from the date of approval of such final plat, but such approval of the plat shall not constitute final acceptance of any improvements to be constructed. Improvements will be accepted only after their construction has been completed.

170.32 REQUIREMENTS OF FINAL PLAT. The subdivider shall, within one year from the date of approval of the preliminary plat, unless such time period has been extended, prepare and file with the Clerk ten (10) copies of the final plat (said copies shall be marked final plat) and required attachments as set forth in this chapter. Except for a final plat for a minor subdivision as set forth herein, no final plat shall be considered by the Council until and unless a preliminary plat for the area included in the proposed final plat has been approved and has not expired and become void as set forth above. The final plat shall be drawn at a scale on one inch equals one hundred feet (1 = 100) or larger. Sheet size shall be no greater than eighteen inches by twenty-four inches (18 x 24) or smaller than eight and one-half inches by eleven inches (8½ x 11) and shall be of a size acceptable to the County Auditor. If more than one sheet is used, each sheet shall clearly show the number of the sheet, the total number of sheets included in the plat, and match lines indicating where other sheets adjoin. The final plat shall comply with Chapter 354 of the Code of Iowa and shall show the following:

1. The name of the subdivision.

2. Name and address of the owner and subdivider.

3. Scale, graphic bar scale, north arrow and date on each sheet.

4. All monuments to be of record.

5. Sufficient survey data to positively describe the bounds of every lot, block, street, easement or other areas shown on the plat, as well as the outer boundaries of the subdivided lands.

6. All distance, bearing, curve and other survey data.

7. All adjoining properties shall be identified, and where such adjoining properties are a part of a recorded subdivision, the name of that subdivision shall be shown. If the subdivision platted is a resubdivision of a part of the whole of a previously recorded subdivision, sufficient ties shall be shown to controlling lines appearing on the earlier plat to permit an overlay to be made. Resubdivision shall be labeled as such in a subtitle following the name of the subdivision wherever the name appears on the plat.

8. Street names and clear designation of public alleys.

9. Block and lot numbers.

10. Accurate dimensions for any property to be dedicated or reserved for public use and the purpose for which such property is dedicated or reserved for public use.



11. The purpose of any easement shown on the plat shall be confined to only those easements pertaining to public utilities, including gas, power, telephone, cable television, water, sewer, easements for ingress and egress; and such drainage easements as are deemed necessary for the orderly development of the land encompassed within the plat and said easements shall also be defined on the plat or dedication document.

12. All interior excepted parcels, clearly indicated and labeled “not a part of this plat.”

13. The minimum unadjusted acceptable error of closure for all subdivision boundaries shall be 1:10,000 and shall be 1:5,000 for any individual lot.

14. A statement by a registered land surveyor that the plat was prepared by the surveyor or under the surveyor’s direct personal supervision, signed and dated by the surveyor and bearing the surveyor’s Iowa registration number or seal, and a sealed certification of the accuracy of the plat by the registered land surveyor who drew the plat.

170.33 ATTACHMENTS TO FINAL PLAT. The following shall be attached to and accompany any final plat:

1. A statement by the proprietors and their spouses, if any, that the plat is prepared with their free consent and in accordance with their desire, signed and acknowledged before an officer authorized to take the acknowledgments of deeds. The statement by the proprietors may also include a dedication to the public of all lands within the plat that are designated for streets, alleys, parks, open areas, school property, or other public use, if the dedication is approved by the Council.

2. A statement from the mortgage holders or lienholders, if any, that the plat is prepared with their free consent and in accordance with their desire, signed and acknowledged before an officer authorized to take the acknowledgment of deeds. An affidavit and bond as provided for in Section 354.12 of the Code of Iowa may be recorded in lieu of the consent of the mortgage or lienholder. When a mortgage or lienholder consents to the subdivision, a release of mortgage or lien shall be recorded for any areas conveyed to the City or dedicated to the public.

3. An opinion by an attorney-at-law who has examined the abstract of title of the land being platted. The opinion shall state the names of the proprietors and holders of mortgages, liens or other encumbrances on the land being platted and shall note the encumbrances, along with any bonds securing the encumbrances. Utility easements shall not be construed to be encumbrances for the purpose of this section.

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

5. A resolution and certificate for approval by the Council and for signatures of the Mayor and Clerk.

6. A certificate by the City Engineer that all required improvements have been acceptably completed or that a performance bond guaranteeing completion has been approved by the City Attorney and filed with the Clerk, or that the Council has agreed that the City will provide the necessary improvements and assess the costs against the benefited properties.

7. If private improvements or areas have been approved, an agreement in the form of covenant running with the land, in a form approved by the City Attorney, providing for the construction or reconstruction of such improvements to meet City standards, and assurance



that the City will not have any maintenance or other responsibility regarding the private improvements or areas.

8. Certification of dedication of streets and other public property, along with the required performance bond.

9. The applicable fee, if any.

170.34 PROCEDURES FOR THE REVIEW OF FINAL PLAT.

1. The Clerk, upon receipt of ten (10) copies of the final plat, shall file one copy in the records of the City, shall retain one copy for the public inspection, and shall forward the remaining copies to the Plats Officer.

2. The Plats Officer shall provide copies of the plat to the City Engineer and such other persons as are necessary to review the plat and shall schedule the plat for review by the Council.

3. The Plats Officer and the City Engineer shall examine the plat as to its compliance with the ordinances and standards of the City and its conformance with the preliminary plat and shall set forth their findings in writing. A copy of the findings shall be provided to the subdivider.

4. If the plat is found to substantially conform to the preliminary plat as approved, the final plat shall be forwarded to the Council for review. If the plat is found not to conform to the preliminary plat, it shall be referred to the Commission for review, prior to review by the Council. The Commission shall then review the plat and shall forward a written recommendation thereon to the Council within sixty (60) days of the filing of the plat with the Clerk. If the recommendation is to disapprove the plat or to require modification of the plat, the reasons therefor shall be set forth in writing and a copy of the recommendation shall be provided to the subdivider.

5. Upon receipt of the plat and written reports thereon, the Council shall review the plat and attachments thereto. If the plat is found to conform to the ordinances and standards of the City and the comprehensive plan and other duly adopted plans, all as of the date of approval of the preliminary plat, and is found to substantially conform to the preliminary plat, the Council shall approve the plat and shall cause its approval to be entered on the plat as required by law.

6. Action on the final plat by the Council shall be taken within thirty (30) days of the date of receiving recommendations of the Commission, unless such time period is extended by agreement between the subdivider and the City. If the action is to disapprove the plat, the reasons therefor shall be set forth in the official records of the City and such decision shall be provided to the subdivider.

170.35 VARIANCES. Where, in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirements would be unrealistic in terms of benefit to the City, the Council may vary, modify or waive the requirements so that substantial justice may be done and the public interest secured; provided, however, such variance modification or waiver will not have the effect of nullifying the intent and purpose of this chapter. In so granting a variance, the Council may impose such additional conditions as are necessary to secure substantially the objectives of the requirements so varied, modified or waived.

170.36 CHANGES AND AMENDMENTS. This chapter or any provision of this chapter may be changed or amended from time to time by the Council; provided, however, such changes or amendments shall not become effective until after a public hearing has been held,



public notice of which shall have been published at least once, not less than four (4) or more than twenty (20) days before the date of the hearing.



CHAPTER 175

AIRPORT ZONING REGULATIONS 175.01 Definitions 175.09 Board of Adjustment175.02 Airport Zones and Airspace Height Limitations 175.10 Board of Adjustment Procedures 175.03 Lighting 175.11 Powers of Board of Adjustment175.04 Variances 175.12 Vote on Variations or Orders175.05 Nonconforming Uses 175.13 Administrative Agency175.06 Amendments and Changes 175.14 Conflicting Regulations 175.07 Judicial Review 175.15 Penalties 175.08 Board of Adjustment Established

175.01 DEFINITIONS. As used in this chapter, unless the context otherwise requires:

1. “Airport” means the Forest City Municipal Airport.

2. “Airport elevation” means the highest point of an airport’s usable landing area measured in feet above mean sea level, which elevation is established to be 1,209 feet.

3. “Airport hazard” means any structure or tree or use of land which would exceed the Federal obstruction standards as contained in fourteen (14) Code of Federal Regulations Sections 77.21, 77.23 and 77.25 and which obstructs the airspace required for the flight of aircraft and landing or takeoff at an airport or is otherwise hazardous to such landing or taking off of aircraft.

4. “Airport primary surface” means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

5. “Airspace height” means for the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

6. “Control zone” means airspace extending upward from the surface of the earth which may include one or more airports and is normally a circular area of five (5) statute miles in radius, with extensions where necessary to include instrument approach and departure paths.

7. “Instrument runway” means a runway having an existing instrument approach procedure utilizing air navigation facilities or area type navigation equipment, for which an instrument approach procedure has been approved or planned.

8. “Minimum descent altitude” means the lowest altitude expressed in feet above mean sea level, to which descent is authorized on final approach or during circle-to-land maneuvering in execution of a standard instrument approach procedure, where no electronic glide slope is provided.

9. “Minimum en route altitude” means the altitude in effect between radio fixes which assures acceptable navigational signal coverage and meets obstruction clearance requirements between those fixes.


CHAPTER 175 AIRPORT ZONING REGULATIONS

10. “Minimum obstruction clearance altitude” means the specified altitude in effect between radio fixes on VOR airways, off-airways routes, or route segments which meets obstruction clearance requirements for the entire route segment and which assures acceptable navigational signal coverage only within twenty-two (22) miles of a VOR.

11. “Runway” means a defined area on an airport prepared for landing and takeoff of aircraft along its length.

12. “Visual runway” means a runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan, military services approved military airport layout plan, or by any planning document submitted to the FAA by competent authority.

175.02 AIRPORT ZONES AND AIRSPACE HEIGHT LIMITATIONS. In order to carry out the provisions of this section, there are hereby created and established certain zones which are depicted on the Municipal Airport Height Zoning Map. A structure located in more than one zone of the following zones is considered to be only in the zone with the more restrictive height limitations. The various zones are hereby established and defined as follows:

1. Horizontal Zone. The land lying under a horizontal plane 150 feet above the established elevations, the perimeter of which is constructed by:

A. Swinging arcs of 5,000 feet radii from the center of each end of the primary surface of runways 9 and 27 and connecting the adjacent arcs by lines tangent to those arcs.

B. Swinging arcs of 10,000 feet radii from the center of each end of the primary surface of runways 15 and 33, and connecting the adjacent arcs by lines tangent to those arcs.

No structure shall exceed 150 feet above the established airport elevation in the horizontal zone, as depicted on the Municipal Airport Height Zoning Map.

2. Conical Zone. The land lying under a surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet to one for a horizontal distance of 4,000 feet. No structure shall penetrate the conical surface in the conical zone, as depicted on the Municipal Airport Height Zoning Map.

3. Approach Zone. The land lying under the surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface.

A. Visual Other Than Utility Runway and Non-precision Instrument Runway. The inner edge of the approach surface is:

(1) 250 feet wide for runways 9 and 27.

(2) 500 feet wide for runways 15 and 33.

B. Visual Other Than Utility Runways. The outer edge of the approach zone is:

(1) 1,250 feet for runways 9 and 27.

(2) 3,500 feet for runways 15 and 33.

C. The approach zone extends for a horizontal distance of:

(1) 5,000 feet at a slope of 20 to one for runways 9 and 27;



(2) 10,000 feet at a slope of 34 to one for runways 15 and 33.

No structure shall exceed the approach surface to any runway, as depicted on the Municipal Airport Height Zoning Map.

4. Transitional Zone. The land lying under those surfaces extending outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of seven to one from the sides of the primary surface.

175.03 LIGHTING. The owner of any structure over 200 feet above ground level must install on the structure lighting in accordance with Federal Aviation Administration (FAA), Advisory Circular 70-7460-1D and amendments. Additionally, any structure constructed after the effective date of the ordinance codified in this chapter and exceeding 949 feet above ground level, must install on that structure high intensity white obstruction lights in accordance with Chapter 6 of FAA Advisory Circular 7460-1D and amendments. Any permit or variance granted may be so conditioned as to require the owner of the structure or growth in question to permit the City or County at its own expense to install, operate and maintain thereto such markers or lights as may be necessary to indicate to pilots the presence of an airspace hazard.

175.04 VARIANCES. Any person desiring to erect or increase the height of any structure, or to permit the growth of any tree, or otherwise use property in violation of any section of this chapter, may apply to the Board of Adjustment for variance from such regulations. No application for variance to the requirements of this chapter may be considered by the Board of Adjustment unless a copy of the application has been submitted to Municipal Airport Commission for an opinion as to the aeronautical effects of such a variance. If the Municipal Airport Commission does not respond to the Board of Adjustment within 15 days from receipt of the copy of the application, the Board may make its decision to grant or deny the variance.

175.05 NONCONFORMING USES.

1. The lawful use of land, buildings or other improvements existing on the effective date of the ordinance codified in this chapter may be continued even though such use does not conform to the provisions of this chapter. A nonconforming use of land or building shall not be enlarged in any manner or form. The foregoing provisions shall also apply to the nonconforming uses in zones hereafter changed. Whenever a nonconforming use has been changed to a restricted use, such use shall not thereafter be changed to a less restricted use.

2. Whenever a nonconforming use of any land or building is voluntarily discontinued for a period of two years, its use shall thereafter conform to the use regulations of the zone in which it is located.

3. No building whose use does not conform to the provisions of this chapter, except when required to do so by law or ordinance, shall be enlarged, extended, reconstructed, or structurally altered unless changing the use to a use permitted in the district in which said building or premises is located.

4. The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use on the part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

175.06 AMENDMENTS AND CHANGES.

1. The Council and County Boards of Supervisors may, from time to time, on their own motions or on petition, amend, supplement, change, modify or repeal, by ordinance the



boundaries of districts or regulations or restrictions established in this chapter. Any proposed amendment, supplement, change, modification or repeal shall first be submitted to the Forest City Municipal Airport Commission for its recommendations and report. If the Airport Commission makes no report within thirty (30) days, it shall be considered to have made a report approving the proposed amendment, supplement, modification, or change. After the recommendations have been filed, the Council and the Boards of Supervisors shall, before enacting any proposed amendment, supplement, change, modification or repeal, hold a public hearing in relation thereto, giving at least fifteen (15) days’ notice of the time and place of hearing, which notice shall first be published in a newspaper having a general circulation in the City.

2. If the Airport Commission recommends against, or if a protest against such proposed amendment, supplement, change, modification or repeal is presented in writing to the Clerk or County Auditors, duly signed and acknowledged by the owners of twenty percent (20%) or more, either of the area included in such proposed change, or area immediately adjacent thereto, extending the depth of not to exceed one mile therefrom, such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of three-fourths of the members of the Council and Boards of Supervisors of the Counties.

3. Before any action shall be taken as provided in this chapter, any private party or parties proposing a change in the zoning regulations shall deposit with the City Treasurer or County Auditors the sum of fifteen dollars ($15.00) to cover the approximate cost of this procedure, and under no condition shall the sum or any part thereof be refunded for failure of the change to be adopted.

175.07 JUDICIAL REVIEW. Any person aggrieved or any taxpayer affected by any decision of the Board of Adjustment may appeal to the court of record as provided in the Code of Iowa, Section 414.15.

175.08 BOARD OF ADJUSTMENT ESTABLISHED. There is hereby created a Board of Adjustment to have and exercise the following powers:

1. Appeals. To hear and decide appeals from any order, requirement, decision, or determination made by the Airport Commission in the enforcement of this chapter.

2. Special Exemptions. To hear and decide special exemptions to the terms of this chapter upon which such Board of Adjustment under such regulations may be required to pass.

3. Variances. To hear and decide specific variances.

175.09 BOARD OF ADJUSTMENT. The Board of Adjustment shall consist of three (3) members appointed by the Council, and two (2) members appointed by the Winnebago County Board of Supervisors, and two (2) members appointed by the Hancock County Board of Supervisors. The members shall serve for staggered terms of five (5) years and until a successor is duly appointed and qualified. Members are removable for cause by the appointing authority, upon written charges, after a public hearing.

175.10 BOARD OF ADJUSTMENT PROCEDURES. The Board of Adjustment shall adopt rules for its governance and in harmony with the provisions of this chapter. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board of Adjustment may determine. The Chairperson, or in his or her absence the acting Chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Board of



Adjustment shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations, and other official actions, all of which shall immediately be filed in the offices of the Clerk and County Auditor, and on due cause shown.

175.11 POWERS OF BOARD OF ADJUSTMENT. The Board of Adjustment shall have the powers established in the Code of Iowa, Section 414.12.

175.12 VOTE ON VARIATIONS OR ORDERS. The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant, on any matter upon which it is required to pass under this chapter, or to effect variations of this chapter.

175.13 ADMINISTRATIVE AGENCY. It is the duty of the Airport Commission to administer the regulations prescribed herein. Applications for permits and variances shall be made to the Airport Commission upon a form furnished by the Commission. Applications required by this chapter to be submitted to the Airport Commission shall be promptly considered and granted or denied. Application for action by the Board of Adjustment shall be forthwith transmitted by the Airport Zoning Board or the County Zoning Board or officer.

175.14 CONFLICTING REGULATIONS. Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict is with respect to height of structures, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

175.15 PENALTIES. Each violation of this chapter or of any regulation, order, or ruling promulgated hereunder shall constitute a simple misdemeanor, and each day a violation continues to exist shall constitute a separate offense.


CODE OF ORDINANCES

CITY OF FOREST CITY, 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....................................................................................15

CHAPTER 5 - OPERATING PROCEDURES....................................................................................21

CHAPTER 6 - CITY ELECTIONS......................................................................................................29

CHAPTER 7 - FISCAL MANAGEMENT...........................................................................................35

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

CHAPTER 9 - URBAN RENEWAL.....................................................................................................47

CHAPTER 10 - REVITALIZATION AREAS....................................................................................49

CHAPTER 11 - HOTEL/MOTEL TAX...............................................................................................55

ADMINISTRATION, BOARDS AND COMMISSIONS

CHAPTER 15 - MAYOR.......................................................................................................................75

CHAPTER 16 - MAYOR PRO TEM...................................................................................................77

CHAPTER 17 - COUNCIL....................................................................................................................79

CHAPTER 18 - CITY CLERK.............................................................................................................83

CHAPTER 19 - CITY TREASURER...................................................................................................87

CHAPTER 20 - CITY ATTORNEY.....................................................................................................89

CHAPTER 21 - LIBRARY BOARD OF TRUSTEES........................................................................91

CODE OF ORDINANCES, FOREST CITY, IOWA-i-

TABLE OF CONTENTS

ADMINISTRATION, BOARDS AND COMMISSIONS (continued)

CHAPTER 22 - PLANNING AND ZONING COMMISSION..........................................................95

CHAPTER 23 - PARK COMMISSION...............................................................................................97

CHAPTER 24 - AIRPORT ZONING COMMISSION.....................................................................105

CHAPTER 25 - AIRPORT COMMISSION......................................................................................107

CHAPTER 26 - BOARD OF CEMETERY TRUSTEES.................................................................109

CHAPTER 27 - CITY ADMINISTRATOR.......................................................................................125

POLICE, FIRE AND EMERGENCIES

CHAPTER 30 - POLICE DEPARTMENT........................................................................................145

CHAPTER 31 - RESERVE POLICE FORCE..................................................................................151

CHAPTER 35 - FIRE DEPARTMENT.............................................................................................161

CHAPTER 36 - HAZARDOUS SUBSTANCE SPILLS...................................................................165

PUBLIC OFFENSES

CHAPTER 40 - PUBLIC PEACE.......................................................................................................185

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

CHAPTER 42 - PUBLIC AND PRIVATE PROPERTY..................................................................201

CHAPTER 43 - DRUG PARAPHERNALIA.....................................................................................205

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

CHAPTER 46 - MINORS....................................................................................................................235

CHAPTER 47 - PARK REGULATIONS...........................................................................................241

CHAPTER 48 - CONTROL OF MOTORIZED VEHICLES AND ANIMALS IN RECREATION AREAS.................................................245

NUISANCES AND ANIMAL CONTROL

CHAPTER 50 - NUISANCE ABATEMENT PROCEDURE..........................................................261

CHAPTER 51 - JUNK AND JUNK VEHICLES..............................................................................281

CODE OF ORDINANCES, FOREST CITY, IOWA-ii-

TABLE OF CONTENTS

NUISANCES AND ANIMAL CONTROL (continued)

CHAPTER 55 - ANIMAL PROTECTION AND CONTROL.........................................................301

CHAPTER 56 - DANGEROUS AND VICIOUS ANIMALS...........................................................311

TRAFFIC AND VEHICLES

CHAPTER 60 - ADMINISTRATION OF TRAFFIC CODE..........................................................331

CHAPTER 61 - TRAFFIC CONTROL DEVICES...........................................................................335

CHAPTER 62 - GENERAL TRAFFIC REGULATIONS...............................................................337

CHAPTER 63 - SPEED REGULATIONS.........................................................................................351

CHAPTER 64 - TURNING REGULATIONS...................................................................................361

CHAPTER 65 - STOP OR YIELD REQUIRED...............................................................................363

CHAPTER 66 - LOAD AND WEIGHT RESTRICTIONS..............................................................385

CHAPTER 67 - PEDESTRIANS........................................................................................................387

CHAPTER 68 - ONE-WAY TRAFFIC..............................................................................................389

CHAPTER 69 - PARKING REGULATIONS...................................................................................391

CHAPTER 70 - TRAFFIC CODE ENFORCEMENT PROCEDURES.........................................415

CHAPTER 75 - ALL-TERRAIN VEHICLES AND SNOWMOBILES.........................................425

CHAPTER 76 - BICYCLE REGULATIONS....................................................................................431

CHAPTER 77 - MOPED REGULATIONS.......................................................................................435

CHAPTER 80 - ABANDONED VEHICLES.....................................................................................445

CHAPTER 81 - RAILROAD REGULATIONS................................................................................449

CHAPTER 82 - GOLF CARTS...........................................................................................................451

WATER

CHAPTER 90 - WATER SERVICE SYSTEM.................................................................................465

CHAPTER 91 - WATER METERS...................................................................................................475

CHAPTER 92 - WATER RATES.......................................................................................................481

CODE OF ORDINANCES, FOREST CITY, IOWA-iii-

TABLE OF CONTENTS

WATER (continued)

CHAPTER 93 - WATER CONSERVATION....................................................................................487

CHAPTER 94 - WELLHEAD PROTECTION REGULATIONS..................................................493

SANITARY SEWER

CHAPTER 95 - SANITARY SEWER SYSTEM...............................................................................515

CHAPTER 96 - BUILDING SEWERS AND CONNECTIONS......................................................521

CHAPTER 97 - USE OF PUBLIC SEWERS....................................................................................527

CHAPTER 98 - ON-SITE WASTEWATER SYSTEMS..................................................................537

CHAPTER 99 - SEWER SERVICE CHARGES..............................................................................539

CHAPTER 100 - NORTHWEST FOREST CITY MUNICIPAL SANITARY SEWER DISTRICT..........................................545

CHAPTER 101 - SOUTHEAST FOREST CITY MUNICIPAL SANITARY SEWER DISTRICT............................................561

CHAPTER 102 - EAST FOREST CITY MUNICIPAL SANITARY SEWER DISTRICT............................................591

GARBAGE AND SOLID WASTE

CHAPTER 105 - SOLID WASTE CONTROL.................................................................................625

CHAPTER 106 - COLLECTION OF SOLID WASTE....................................................................635

CHAPTER 107 - RECYCLING..........................................................................................................645

FRANCHISES AND OTHER SERVICES

CHAPTER 110 - NATURAL GAS FRANCHISE.............................................................................701

CHAPTER 111 - ELECTRIC UTILITY............................................................................................705

CHAPTER 112 - TELEPHONE FRANCHISE.................................................................................715

CHAPTER 113 - CABLE TELEVISION FRANCHISE..................................................................717

CHAPTER 114 - CABLE TELEVISION FRANCHISE..................................................................721

CHAPTER 115 - CABLE TELEVISION REGULATIONS............................................................725

CODE OF ORDINANCES, FOREST CITY, IOWA-iv-

TABLE OF CONTENTS

FRANCHISES AND OTHER SERVICES (continued)

CHAPTER 116 - REGULATION OF CABLE TELEVISION RATES..........................................761

CHAPTER 117 - REMOVAL OF UTILITY FACILITIES.............................................................775

REGULATION OF BUSINESS AND VOCATIONS

CHAPTER 120 - LIQUOR LICENSES AND WINE AND BEER PERMITS...............................801

CHAPTER 121 - CIGARETTE AND TOBACCO PERMITS........................................................805

CHAPTER 122 - PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS.....................809

CHAPTER 123 - HOUSE MOVERS..................................................................................................813

CHAPTER 124 - JUNK DEALERS AND JUNK YARDS...............................................................821

CHAPTER 125 - TRANSPORTATION AND DISPOSAL OF SEPTIC TANK AND CESSPOOL REFUSE.............................................................................831

STREETS AND SIDEWALKS

CHAPTER 135 - STREET USE AND MAINTENANCE.................................................................865

CHAPTER 136 - SIDEWALK REGULATIONS..............................................................................875

CHAPTER 137 - VACATION AND DISPOSAL OF STREETS....................................................885

CHAPTER 138 - STREET GRADES.................................................................................................887

CHAPTER 139 - NAMING OF STREETS........................................................................................889

CHAPTER 140 - CONTROLLED ACCESS FACILITIES.............................................................891

CHAPTER 141 - MAILBOXES..........................................................................................................901

CHAPTER 142 - STORM WATER DRAINAGE UTILITY SYSTEM DISTRICT.....................905

CHAPTER 143 - STORM WATER MANAGEMENT....................................................................915

BUILDING AND PROPERTY REGULATIONS

CHAPTER 145 - DANGEROUS BUILDINGS.................................................................................931

CHAPTER 146 - FIRE ZONE.............................................................................................................935

CHAPTER 150 - BUILDING NUMBERING....................................................................................951

CODE OF ORDINANCES, FOREST CITY, IOWA-v-

TABLE OF CONTENTS

BUILDING AND PROPERTY REGULATIONS (continued)

CHAPTER 151 - TREES.....................................................................................................................953

CHAPTER 152 - GEOTHERMAL SYSTEMS.................................................................................961

CHAPTER 160 - FLOOD PLAIN REGULATIONS........................................................................975

ZONING AND SUBDIVISION

CHAPTER 165 - ZONING REGULATIONS..................................................................................1015

CHAPTER 170 - SUBDIVISION REGULATIONS.......................................................................1251

CHAPTER 175 - AIRPORT ZONING REGULATIONS..............................................................1285

INDEX

APPENDIX:USE AND MAINTENANCE OF THE CODE OF ORDINANCES.....................................................1

SUGGESTED FORMS:DANGEROUS BUILDINGS - FIRST NOTICE....................................................................................7DANGEROUS BUILDINGS - NOTICE OF HEARING......................................................................8DANGEROUS BUILDINGS - RESOLUTION AND ORDER.............................................................9

NOTICE TO ABATE NUISANCE........................................................................................................11

NOTICE OF REQUIRED SEWER CONNECTION..........................................................................12NOTICE OF HEARING ON REQUIRED SEWER CONNECTION...............................................13RESOLUTION AND ORDER...............................................................................................................14

CODE OF ORDINANCES, FOREST CITY, IOWA-vi-