ROCK FALLS, IOWA
MODEL CODE OF ORDINANCES
JULY 1997
CODIFIED BY: NORTH IOWA AREA COUNCIL OF GOVERNMENTS
121 THIRD STREET NW
MASON CITY, IOWA 50401

TABLE OF CONTENTS

TITLE I GENERAL PROVISIONS

CHAPTER 1 GENERAL PROVISIONS

1-1-1	Definition
1-1-2	Grammatical Interpretation
1-1-3	Prohibited Acts Include Causing, Permitting.
1-1-4	Construction
1-1-5	Amendment
1-1-6	Severability

CHAPTER 2 RIGHT OF ENTRY

1-2-1

Right of Entry

CHAPTER 3 PENALTY

1-3-1	General Penalty
1-3-2	Civil Penalty

CHAPTER 4 PROCEDURE FOR HEARINGS BY THE CITY COUNCIL

1-4-1	Purpose and Intent
1-4-2	General
1-4-3	Form of Notice and Hearing
1-4-4	Subpoenas
1-4-5	Conduct of Hearing
1-4-6	Method and Form of Decision

TITLE II POLICY AND ADMINISTRATION

CHAPTER 1 CITY CHARTER

2-1-1	Charter
2-1-2	Form of Government
2-1-3	Powers and Duties
2-1-4	Number and Term of City Council
2-1-5	Term of Mayor
2-1-6	Copies on File

CHAPTER 2 APPOINTMENT AND QUALIFICATIONS OF MUNICIPAL OFFICERS

2-2-1	Creation of Appointive Officers
2-2-2	Appointment of Officers
2-2-3	Terms of Appointive Officers
2-2-4	Vacancies in Officers
2-2-5	Resignations
2-2-6	Removal of Appointive Officers
2-2-7	Bonds Required
2-2-8	Surety
2-2-9	Blanket Position Bond
2-2-10	Bonds Filed

CHAPTER 3 POWERS AND DUTIES OF MUNICIPAL OFFICERS

2-3-1	General Duties
2-3-2	Books and Records
2-3-3	Deposits of Municipal Funds
2-3-4	Transfer of Records and Property to Successor
2-3-5	Powers and Duties of the Mayor
2-3-6	Powers and Duties of the Clerk
2-3-7	Powers and Duties of the Police Chief
2-3-8	Powers and Duties of the Attorney
2-3-9	Powers and Duties of the Superintendent Of Public Utilities
2-3-10	Powers and Duties of the Superintendent Of Public Works
2-3-11	Powers and Duties of the Fire Chief

CHAPTER 4 SALARIES OF MUNICIPAL OFFICERS

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

CHAPTER 5 CITY FINANCE

2-5-1	Budget Adoption
2-5-2	Budget Amendment
2-5-3	Budget Protest
2-5-4	Accounts and Programs
2-5-5	Annual Report
2-5-6	Council Transfers
2-5-7	Administrative Transfers
2-5-8	Budget Officer
2-5-9	Expenditures
2-5-10	Authorization
2-5-11	Accounting
2-5-12	Budget Accounts
2-5-13	Contingency Accounts

CHAPTER 6 POSTING

2-6-1	Purpose
2-6-2	Listing: Length of Notice
2-6-3	Removing Notice; Unlawful

TITLE III COMMUNITY PROTECTION

CHAPTER 1 OFFENSES

3-1-1	Violations of Chapter
3-1-2	Public Peace
3-1-3	Public Morals
3-1-4	Minors
3-1-5	Animals
3-1-6	Streets
3-1-7	Public Safety and Health
3-1-8	Public Property

CHAPTER 2 NUISANCES

3-2-1	Definitions
3-2-2	Nuisances Prohibited
3-2-3	Other Conditions Regulated
3-3-4	Notice to Abate Nuisance or Condition
3-3-5	Contents of Notice to Abate
3-3-6	Method of Service
3-3-7	Request for Hearing and Appeal
3-3-8	Abatement in Emergency
3-3-9	Abatement by Municipality
3-3-10	Collection of Cost of Abatement
3-3-11	Installation Payment of Cost of Abatement

CHAPTER 3 TRAFFIC CODE

Please see page 37.

CHAPTER 4 RAILROAD REGULATION

3-4-1	Definitions
3-4-2	Warning Signals
3-4-3	Street Crossing Signs and Devices
3-4-4	Street Crossing Obstructions
3-4-5	Maintenance of Crossings
3-4-6	Flying Switches

CHAPTER 5 FIRE PROTECTION

3-5-1	Establishment and Purpose
3-5-2	Volunteer Fire Fighters
3-5-3	Fire Fighter's Duties
3-5-4	Worker's Compensation
3-5-5	Liability Insurance
3-5-6	Fires Outside of City Limits

CHAPTER 6 CURFEW FOR MINORS

3-6-1	Preamble
3-6-2	Findings and Purpose
3-6-3	Definitions
3-6-4	Offenses
3-6-5	Defenses
3-6-6	Enforcement
3-6-7	Minors in Billiard Rooms
3-6-8	Penalty, Municipal Infraction

CHAPTER 7 REGULATING PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS

3-7-1	Purpose
3-7-2	Definitions
3-7-3	Exemptions
3-7-4	Permits
3-7-5	Requirements
3-7-6	Hours of Solicitation
3-7-7	Consumer Protection Law
3-7-8	Bond Required
3-7-9	Obstruction of Pedestrian or Vehicular Traffic

CHAPTER 8 CIGARETTE LICENSE

3-8-1	Definitions
3-8-2	Permit Required
3-8-3	Issuance
3-8-4	Expiration
3-8-5	Fees
3-8-6	Refunds
3-8-7	Permits Not Transferable
3-8-8	Display

CHAPTER 9 BEER AND LIQUOR LICENSES

3-9-1	Purpose
3-9-2	Required Obedience to Provisions Of This Chapter and State Law
3-9-3	Action by Council
3-9-4	Transfers
3-9-5	Open Alcoholic Beverage Containers
3-9-6	Persons Under the Age of Eighteen
3-9-7	Persons Age Eighteen, Nineteen and Twenty

CHAPTER 10 JUNK AND ABANDONED VEHICLES

3-10-1	Purpose
3-10-2	Definitions
3-10-3	Removal of Abandoned Vehicles
3-10-4	Notification of Owners and Lienholders
3-10-5	Impoundment Fees and Bonds
3-10-6	Hearing Procedures
3-10-7	Auction or Disposal of Abandoned Vehicles
3-10-8	Junk Vehicles Declared a Nuisance
3-10-9	Notice to Abate
3-10-10	Abatement by Municipality
3-10-11	Collection of Cost of Abatement
3-10-12	Exceptions
3-10-13	Interference with Enforcement

TITLE IV MENTAL AND PHYSICAL HEALTH

CHAPTER 1 ANIMAL CONTROL

4-1-1	Definitions
4-1-2	License
4-1-3	Immunization
4-1-4	At Large Prohibited
4-1-5	Actions of Dogs Constituting a Nuisance
4-1-6	Impounding
4-1-7	Vicious Dogs
4-1-8	Cruelty to Animals
4-1-9	Exhibitions and Fights
4-1-10	Injuries toAnimals
4-1-11	Bothersome Animals
4-1-12	Kennel Dogs

TITLE V HUMAN DEVELOPMENT - EDUCATION AND CULTURE

CHAPTER 1 LIBRARY SERVICES....................(Reserved)

TITLE VI PHYSICAL ENVIRONMENT

CHAPTER 1 MOBILE HOME REGULATION

6-1-1	Definitions
6-1-2	Mobile Home Park Plans
6-1-3	Anchoring Trailers
6-1-4	Skirting Required
6-1-5	Parking
6-1-6	Emergency And Temporary Parking
6-1-7	Traffic Code Applicable
6-1-8	Landscaping and Buffering Required
6-1-9	Mobile Home Park and Yard Requirements
6-1-10	Minimum Requirements for Individual Mobile Home Lots
6-1-11	Recreation Areas
6-1-12	Length of Occupancy
6-1-13	Additional Requirements
6-1-14	Commission Review Required

CHAPTER 2 UTILITIES - SANITARY SYSTEM

6-2-1	Definitions
6-2-2	Use of Public Sewers Required
6-2-3	Private Sewage Disposal
6-2-4	Building Sewers and Connections
6-2-5	Interceptors Required
6-2-6	Sewer Tap
6-2-7	Connection Deadline
6-2-8	Inspection Required
6-2-9	Abatement of Violations
6-2-10	Use of Public Sewers
6-2-11	Protection from Damage
6-2-12	Powers and Authority to Inspectors
6-2-13	Penalties

CHAPTER 3 UTILITIES - WATER SYSTEM

Reserved

CHAPTER 4 UTILITIES - REFUSE COLLECTION

6-4-1	Definitions
6-4-2	Collection Fees
6-4-3	Administration
6-4-4	Storage
6-4-5	Collection
6-4-6	Necessity of Permits
6-4-7	Burning of Refuse
6-4-8	Refuse Other Than Garbage
6-4-9	Sanitary Landfill

CHAPTER 5 UTILITIES - BILLING CHARGES

6-5-1	Utility Defined
6-5-2	Districts
6-5-3	Disposition of Fees and Charges
6-5-4	Billing, Penalty
6-5-5	Discontinuing Service Fees
6-5-6	Discontinuing Service, Fees
6-5-7	Water Rates
6-5-8	Refuse Collection Rates

CHAPTER 6 STREET CUTS AND EXCAVATIONS

6-6-1	Excavation Permit Required
6-6-2	Application for Permit
6-6-3	Permit Fees
6-6-4	Safety Measures
6-6-5	Backfilling and Restoration
6-6-6	Rules and Regulations
6-6-7	Public Convenience
6-6-8	Bond Required
6-6-9	Insurance Required
6-6-10	Permit Issued
6-6-11	Notice Required
6-6-12	Regulations
6-6-13	City Supervision
6-6-14	Property Owner's Responsibility

CHAPTER 7 STREET AND SIDEWALK GRADES

6-7-1	Established Grades
6-7-2	Record Maintained

CHAPTER 8 SUBDIVISION REGULATIONS

Reserved

CHAPTER 9 SIDEWALK REGULATIONS

6-9-1	Purpose
6-9-2	Definitions
6-9-3	Cleaning Snow, Ice and Accumulations
6-9-4	Maintenance Responsibility
6-9-5	Liability of Abutting Owner
6-9-6	Ordering Sidewalk Improvements
6-9-7	Repairing Defective Sidewalks
6-9-8	Notice of Inability to Repair or Barricade
6-9-9	Standard Sidewalk Specifications
6-9-10	Permits for Construction or Removal
6-9-11	Failure to Obtain Permit; Remedies
6-9-12	Inspection and Approval
6-9-13	Barricades and Warning Lights
6-9-14	Interference with Sidewalk Improvements
6-9-15	Special Assessments for Construction and Repair
6-9-16	Notice for Assessment for Repair or Cleaning Costs
6-9-17	Hearing and Assessment
6-9-18	Billing and Certifying to County
6-9-19	Awnings
6-9-20	Encroaching Steps
6-9-21	Openings and Enclosures
6-9-22	Fires on Sidewalks
6-9-23	Fuel on Sidewalk
6-9-24	Defacing
6-9-25	Debris on Sidewalks
6-9-26	Merchandise Display
6-9-27	Sales Stands

CHAPTER 10

RESERVED

CHAPTER 11 RESTRICTED RESIDENCE DISTRICT

6-11-1	Purpose
6-11-2	Definitions
6-11-3	District Described
6-11-4	Buildings Permitted
6-11-5	Rules and Regulations
6-11-6	Set Back
6-11-7	Lot Area, Lot Frontage and Yard Requirements
6-11-8	Buildings Requiring Special Permits to Locate Within Restricted Districts
6-11-9	Special Permits
6-11-10	Protest
6-11-11	Fees
6-11-12	Action to Abate
6-11-13	Certifying Ordinance

TITLE VII - SPECIAL ORDINANCES

CHAPTER 1 - VACATION AND DISPOSAL

7-1-1	Power To Vacate
7-1-2	Vacation of Platted Public Lands
7-1-3	Conveyance of Vacated Public Land
7-1-4	Plan Commission
7-1-5	Notice of Vacation Hearing
7-1-6	Findings Required
7-1-7	Disposal of Streets and Alleys
7-1-8	Disposal by Gift Limited

CHAPTER 2 ELECTRIC FRANCHISE

7-2-1	Franchise Granted
7-2-2	Repair of Public Grounds
7-2-3	Interference With Improvements
7-2-4	Extension of Service
7-2-5	Regulation by City
7-2-6	City Liability Limited
7-2-7	Grantee Default
7-2-8	Non-Exclusive Franchise

CHAPTER 3 GAS FRANCHISE

- Reserved -

CHAPTER 4 TELEPHONE FRANCHISE

7-4-1	Franchise Granted
7-5-2	Police Power
7-4-3	Costs
7-4-4	Effective

CHAPTER 5 CABLE FRANCHISE

- Reserved -

CHAPTER 6 PARK REGULATIONS

7-6-1	Purpose
7-6-2	Parking
7-6-3	Use of Drives Required
7-6-4	Fires
7-6-5	Littering
7-6-6	Camping Areas
7-6-7	Use of Parks

CHAPTER 7 - TREES

7-7-1	Purpose
7-7-2	Definitions
7-7-3	Planting Restrictions
7-7-4	Duty To Trim Trees
7-7-5	Assessment
7-7-6	Trimming Trees to be Supervised
7-7-7	Removal of Trees
7-7-8	Replacement of Trees

CHAPTER 8 - FLOODPLAIN MANAGEMENT

- Reserved -

CHAPTER 9 - HOUSE MOVERS

7-9-1	Purpose
7-9-2	House Mover Defined
7-9-3	Permit Required
7-9-4	Application
7-9-5	Bond Required
7-9-6	Insurance Required
7-9-7	Permit Fee
7-9-8	Permit Issued
7-9-9	Public Safety
7-9-10	Time Limit
7-9-11	Removal by City
7-9-12	Protect Pavement
7-9-13	Electric Wires
7-9-14	Permit Nontransferable

CHAPTER 11 - UNSAFE BUILDINGS

7-10-1	Definitions of Unsafe
7-10-2	Abatement Ordered
7-10-3	Enforcement Officer
7-10-4	Unsafe Building Criteria
7-10-5	Inspection
7-10-6	Notice to Abate
7-10-7	Hearing
7-10-8	Posting of Signs
7-10-9	Right to Demolish
7-10-10	Costs

CHAPTER 11 - BUILDING NUMBERING

7-11-1	Definitions
7-11-2	Owner Requirements
7-11-3	Building Numbering Map

CHAPTER 12 - NAMING OF STREETS

7-12-1	Naming New Streets
7-12-2	Changing Name of Street
7-12-3	Recording Street Names
7-12-4	Official Street Name Map
7-12-5	Revision of a Street Name Map

CHAPTER 13 - STREETS AND ALLEYS

- Reserved -

CHAPTER 14 - SUBDIVISION REGULATIONS

- Reserved -

CHAPTER 15 - URBAN REVITALIZATION

- Reserved -

CHAPTER 16 - URBAN RENEWAL

- Reserved -

CHAPTER 16 - BOUNDARIES

7-16-1

Rock Falls, Iowa Legal Boundaries

1-1-1 DEFINITIONS. The following words and phrases whenever used in the Ordinances of the City, shall be construed as defined in this section unless, from the context, a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases:
1. "Alley" shall mean a public right-of-way, other than a street, affording secondary means of access to abutting property.
2. "City" means the City of Rock Falls, Iowa, or the area within the territorial limits of the City, and such territory outside of the City over which the City has jurisdiction or control by virtue of any constitutional or statutory provision;
3. "Clerk" means Clerk-Treasurer.
4. "Computation of time" means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day is Sunday or a legal holiday, that day shall be excluded;
5. "Council" means the City Council of the City. All its members or all Council persons mean the total number of Council persons provided by the City charter under the general laws of the state;
6. "County" means the County of Cerro Gordo, Iowa;
7. "Fiscal Year" means July 1 to June 30.
8. "Law" denotes applicable federal law, the Constitution and statutes of the State of Iowa, the Ordinances of the City; and when appropriate, any and all rules and regulations which may be promulgated thereunder;
9. "May" confers a power;
10. "Month" means a calendar month;
11. "Must" states a requirement;
12. "Oath" shall be construed to include an affirmative or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "affirm" and "affirmed" shall be equivalent to the words "swear" and "sworn";
13. "Or" may be read "and" and "and" may be read "or" if the sense requires it;
14. "Ordinance" means a law of the City; however, an administrative action, order or directive, may be in the form of a resolution;
15. "Owner" applied to a building or land includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or part of such building or land;
16. "Person" means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them;
17. "Personal property" includes money, goods, chattels, things in action and evidences of debt;
18. "Preceding" and "following" mean next before and next after, respectively;
19. "Property" includes real and personal property;
20. "Real property" includes lands, tenements and hereditaments;
21. "Shall" imposes a duty;
22. "Sidewalk" means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians;
23. "State" means the State of Iowa;
24. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state;
25. "Tenant" and "occupant" applied to a building or land, includes any person who occupies whole or a part of such building or land, whether alone or with others;
26. "Title of Office". Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the City;
27. "Written" includes printed, typewritten, mimeographed or multi graphed;
28. "Year" means a calendar year;
29. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such other as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning;
30. When an act is required by an Ordinance the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent.

1-1-2 GRAMMATICAL INTERPRETATION. The following grammatical rules shall apply in the Ordinances of the City;
1. Gender. Any gender includes the other gender;
2. Singular and Plural. The singular number includes the plural and the plural includes the singular;
3. Tenses. Words used in the present tense include the past and the future tenses and vice versa;
4. Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the content and approved usage of the language.

1-1-3 PROHIBITED ACTS INCLUDE CAUSING, PERMITTING. Whenever in this Code any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission. A principal is responsible for the unauthorized acts or omissions committed by an agent or employee which have been authorized by the principal.

1-1-4 CONSTRUCTION. The provisions of this Code and all proceeds under it are to be construed with a view to affect its objects and to promote justice.

1-1-5 AMENDMENT. All Ordinances of the City Council passed thereafter shall be in the form of an addition or amendment to the Rock Falls Municipal Code of 1997 constituting this Municipal Code, and shall include proper references to chapter and section to maintain the orderly codification of the Ordinances. (Code of Iowa, Sec. 380.2)

1-1-7 ALTERING. It is unlawful for any person to change or amend by additions or deletions, any part or portion of the City Code, or to insert or delete pages, or portions thereof, or to alter or tamper with the City Code in any manner whatsoever which will cause the law of the City to be misrepresented.

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

1-3-1 GENERAL PENALTY. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the Ordinances of Rock Falls is guilty of a misdemeanor. Any person convicted of a misdemeanor under the Ordinances of Rock Falls shall be punished by a fine of not more than one hundred dollars, or by imprisonment not to exceed thirty days. (Code of Iowa, Sec. 364.3(2))

1-3-2 CIVIL PENALTY - MUNICIPAL INFRACTION. (Code of Iowa, Sec. 364.22)
1. DEFINITIONS. a. Municipal Infraction. Except those provisions specifically provided under state law as a felony, an aggravated misdemeanor, or a serious misdemeanor or a simple misdemeanor under Chapters 687 through 747 of the Iowa Code, the doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor by the Code of Ordinances City of Rock Falls, or any Ordinance or Code herein adopted by reference, or omission or failure to perform any act or duty required by the Code of Ordinances City of Rock Falls, or any Ordinance or Code herein adopted by reference, is a "municipal infraction" and is punishable by civil penalty as provided herein. b. Officer. The term "officer" shall mean any employee or official authorized to enforce the Code of Ordinances of the City of Rock Falls. c. Repeat offense. The term "repeat offense" shall mean a recurring violation of the same section of the Code of Ordinances.
2. VIOLATIONS, PENALTIES, AND ALTERNATIVE RELIEF.
a. A municipal infraction is punishable by a civil penalty as provided in the following schedule, unless a specific schedule of civil penalties is provided for specific offenses elsewhere in this Code. Schedule of Civil Penalties
First offense--Not more than fifty dollars ($50.00).
Second Offense--Not more than one hundred dollars ($100.00).
All other repeat offenses--Not more than two hundred dollars ($200.00).
b. Each day that a violation occurs or is permitted to exist by the violator constitutes a separate offense.
c. Seeking a civil penalty as authorized in this chapter does not preclude the City from seeking alternative relief from the court in the same action.
3. CIVIL CITATIONS.
a. Any officer authorized by the City to enforce the Code of Ordinances may issue a civil citation to a person who commits a municipal infraction.
b. The citation may be served by personal service or by certified mail, return receipt requested.
c. The original of the citation shall be sent to the Clerk of the district court.
d. The citation shall serve as notification that a civil offense has been committed and shall contain the following information:
(1) The name and address of the defendant.
(2) The name or description of the infraction attested to by the officer issuing the citation.
(3) The location and time of the infraction.
(4) The amount of civil penalty to be assessed or the alternative relief sought, or both.
(5) The manner, location, and time in which the penalty may be paid.
(6) The time and place of court appearance.
(7) The penalty for failure to appear in court

1-4-1 PURPOSE AND INTENT.
1. It is the purpose of this article to establish an orderly, efficient, and expeditious process for evidentiary hearings before the City Council.
2. The provisions of this article shall apply to a proceeding required by constitution, statute or Ordinance to be determined by the City Council after an opportunity for an evidentiary hearing.

1-4-2 GENERAL.
1. Record. A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the City Council.
2. Reporting. The proceedings at the hearing may also be reported by a court reporter at the expense of any party.
3. Continuances. The City Council may grant continuances for good cause shown.
4. Oaths, certification. The City Council or any member thereof has the power to administer oaths and affirmations.
5. Reasonable dispatch. The City Council and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives.

1-4-3 FORM OF NOTICE OF HEARING. The notice to parties shall be substantially in the following form, but may include other information: "You are hereby notified that an evidentiary hearing will be held before the Rock Falls City Council at _____________ on the ______ day of ____________, 19___, at the hour ____________, upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with the City Clerk."

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

1-4-5 CONDUCT OF HEARING.
1. Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
2. Oral evidence. Oral evidence shall be taken only on oath or affirmation.
3. Hearsay evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.
4. Admissibility of evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
5. Exclusion of evidence. Irrelevant and unduly repetitious evidence shall be excluded.
6. Rights of parties. Each party shall have these rights, among others:
a. To call and examine witnesses on any matter relevant to the issues of the hearing;
b. To introduce documentary and physical evidence;
c. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
d. To impeach any witness regardless of which party first called the witness to testify;
e. To rebut the evidence against the party; and
f. To self-representation or to be represented by anyone of the party's choice who is lawfully permitted to do so.
7. Official notice.
a. What may be noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the City or its departments and Ordinances of the City.
b. Parties to be notified. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto.
c. Opportunity to refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the City Council.
8. Inspection of the premises. The City Council may inspect any building or premises involved in the appeal during the course of the hearing, provided that:
a. Notice of such inspection shall be given to the parties before the inspection is made;
b. The parties are given an opportunity to be present during the inspection; and
c. The City Council shall state for the record, upon completion of the inspection, the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the City Council.

1-4-6 METHOD AND FORM OF DECISION.
1. Hearings before the City Council where a contested case is heard before the City Council, no member thereof who did not hear the evidence of has not read the entire record of the proceedings shall vote on or take part in the decision. The City Council may designate a member or members to preside over the receipt of evidence. Such member or members shall prepare findings of fact for the City Council.
2. Form of decision. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. A copy of the decision shall be delivered to the parties personally or sent to them by certified mail, postage prepaid, return receipt requested. 3. Effective date of decision. The effective date of the decision shall be stated therein.

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

2-1-2 FORM OF GOVERNMENT. The form of government of the City of Rock Falls, Iowa, is the Mayor-Council form of government. (Code of Iowa, Sec. 372.4)

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

2-1-4 NUMBER AND TERM OF CITY COUNCIL. The City Council consists of five City Council members elected at large. Two council members are elected for terms of four years, and three council members are elected for terms of four years. (Code of Iowa, Sec. 372.4) (Code of Iowa, Sec. 376.2)

2-1-5 TERM OF MAYOR. The Mayor is elected for a term of four years. (Code of Iowa, Sec. 372.4)

2-1-6 COPIES ON FILE. The City Clerk shall keep an official copy of the charter on file with the official records of the City Clerk, shall immediately file a copy with the Secretary of State of Iowa, and shall keep copies of the charter available at the City Clerk's office for public inspection. (Code of Iowa, Sec. 372.1)

2-2-1 CREATION OF APPOINTIVE OFFICERS. There are hereby created the following appointive officers: Clerk, Police Chief, Attorney, Superintendent of Public Utilities, Superintendent of Public Works and Fire Chief.

2-2-2 APPOINTMENT OF OFFICERS. The Mayor shall appoint the Police Chief and Mayor pro tempore.
1. All elected officers and the following appointed officers shall qualify for office by taking the prescribed oath:
a. City Clerk/Treasurer
b. Deputy City Clerk
c. Peace Officer
2. Prescribed Oath: "I, (state 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 Rock Falls as now or hereinafter required by law." (Code of Iowa 1995, Chap. 63.10). The City Council shall appoint the first Fire Chief of the volunteer fire department for a term of two (2) years. Future Fire Chiefs shall be elected for terms of two (2) years by the members of the volunteer Fire Department, with the approval of the City Council. All other officers shall be appointed or selected by the City Council unless otherwise provided by law or Ordinance.

2-2-3 TERMS OF APPOINTIVE OFFICERS. The terms of all appointive officers that are not otherwise fixed by law or Ordinance shall be two (2) years. Such term expiring at the time of the organizational meeting of the Council in January. (Code of Iowa 1995, Chap. 376.2).

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

2-2-5 RESIGNATIONS An elected officer who wishes to resign may do so by submitting his or her 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 he or she was elected if during that time, the compensation of the office has been increased.

2-2-6 REMOVAL OF APPOINTED OFFICERS Except as otherwise provided by state or city law, all persons appointed to city office may be removed by the officer or body making the appointment, but every such removal shall be by written order. The order shall give the reasons, be filed in the office of the clerk, and a copy shall be sent by certified mail to the person removed who, upon request filed with the clerk within thirty (30) days of 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 of the date the request is filed, unless the person removed requests a later date and in compliance with Chapter 66 of the Code of Iowa, 1995.

2-2-7 BONDS REQUIRED. The Council shall provide by resolution for a surety bond running to the city and covering the Mayor, Clerk, Treasurer and such other officers and employees as may be necessary and advisable. (Code of Iowa, Sec. 64.13)

2-2-8 SURETY. Any association or corporation which makes a business of insuring the fidelity of others and which has authority to do such business within Iowa shall be accepted as surety on any of the bonds.

2-2-9 BLANKET POSITION BOND. The City Council shall provide for a blanket position bond to covers the Mayor and City Clerk of the City, but the City Council may provide by resolution for a surety bond for any other officer or employee that the City Council deems necessary. The City shall pay the premium on any official bond. (Code of Iowa, Sec. 64.13)

2-2-10 BONDS FILED. All bonds when duly executed shall be filed with the Clerk, except that the Clerk's bond shall be filed with the Mayor. (Code of Iowa, Sec. 64.23)

2-2-11 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 his 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 a treasurer of a 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 eight (8) of this section, or both, if the contracts are made by competitive bid, publicly invited and opened, and if the remuneration of employment will not be directly affected as a result of the contract and the duties of employment do not directly involve the procurement or preparation of any part of the contract. The competitive bid requirement of this subsection shall not be required for any contract for professional services not customarily awarded by competitive bid.
5. Newspaper. The designation of an official newspaper.
6. Existing Contracts. A contract in which a city officer or employee has an interest in, and if the contract was made before the time he was elected or appointed, but the contract may not be renewed unless the contract can be brought into compliance with pertinent city and state statutes.
7. Volunteers. Contracts with volunteer firemen or civil defense volunteers.
8. Corporations. A contract with a corporation in which a city officer or employee has an interest by reason of stockholdings when less than five (5) percent of the outstanding stock of the corporation is owned or controlled directly or indirectly by the officer or employee or the spouse or immediate family of such other officer or employee.
9. Competitive Bids. A contract made by competitive bid, publicly invited and opened, in which a member of a city board of trustees, commission, or administrative agency has an interest if he is not authorized by law to participate in the awarding of the contract. The competitive bid requirement of this subsection does not apply to any contract for professional services not customarily awarded by competitive bid.
10. Contracts not otherwise permitted. As specified in Chapter 362.5, Code of Iowa, 1989, contracts may be awarded to officers or employees as follows:
a. Contracts for the purchase of goods or services, not otherwise permitted by law or this code, by a city having a population of twenty-five hundred (2,500) population but less than ten thousand (10,000), which benefit a city officer or employee, if the purchases benefitting that officer or employee do not exceed a cumulative total purchase price of one thousand (1,000) dollars in a fiscal year.
b. Contracts for the purchase of goods or services, as not otherwise permitted by law or this code, by a city having a population of twenty-five hundred (2,500) population or less, which benefit a city officer or employee, if the purchases benefitting that officer or employee do not exceed a cumulative total purchase price of two thousand five hundred (2,500) dollars in a fiscal year. (Iowa Code 1989, Chap. 362.5)

2-2-12 GIFTS TO PUBLIC OFFICIALS. All elected or appointed City officials or employees of Rock Falls shall comply with the State of Iowa Code 'Gifts Accepted or Received' ordinance, which is hereby adopted as referenced to in the State of Iowa Code. (Iowa Code, 1996, Chap. 68B.22)

2-3-1 GENERAL DUTIES. Each municipal officer shall exercise the powers and perform the duties prescribed by law and Ordinance, or as otherwise directed by the City Council unless contrary to State law or City charter. (Code of Iowa, Sec. 372.13(4))

2-3-2 BOOKS AND RECORDS. All books and records required to be kept by law or Ordinance shall be open to inspection by the public upon request. (Code of Iowa, Sec. 22.1, 22.2, and 22.7)

2-3-3 DEPOSITS OF MUNICIPAL FUNDS. All monies or fees collected for any purpose by any city officer shall be deposited through the office of the clerk. If any said fees are due to an officer, they shall be paid to that person by check drawn by the clerk and approved by the council only upon such officer making adequate reports relating thereto as required by law, ordinance or council directive.

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

2-3-5 POWERS AND DUTIES OF THE MAYOR. The duties of the Mayor shall be as follows:
1. The Mayor shall supervise all departments of the City and give direction to department heads concerning the functions of the departments. The Mayor shall 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. (Code of Iowa, Section 372.14(1))
2. The Mayor shall act as presiding officer at all regular and special City Council meetings. The Mayor pro tem shall serve in this capacity in the Mayor's absence. (Code of Iowa, Sec. 372.14(1) and (3))
3. The Mayor may sign, veto, or take no action on an Ordinance, amendment or resolution passed by the City Council. If the Mayor vetoes a measure, the Mayor must explain in writing the reason for such veto to the City Council. The City Council may repass a measure over the Mayor's veto by a two-thirds majority of the City Council members, if said action is taken within thirty days of the veto. (Code of Iowa, Sec. 380.5 and 380.6(2))
4. The salary of the Mayor shall be three hundred-fifty ($350) dollars per year.
5. The Mayor is not a member of the Council and may not vote as a member of the Council.
6. The Mayor shall 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 or Ordinance.
7. The Mayor shall, whenever authorized by the City Council, sign all contracts on behalf of the City.
8. The Mayor shall call special meetings of the City Council when the Mayor deems such meetings necessary to the interests of the City.
9. The Mayor shall make such oral or written reports to the City Council at the first meeting of every month as referred. These reports shall concern municipal affairs generally, the municipal departments, and recommendations suitable for City Council action.
10. Immediately after taking office the Mayor shall designate one member of the City Council as Mayor pro tempore. The Mayor pro tempore shall be vice-president of the City Council. Except for the limitations otherwise provided herein, the Mayor pro tempore shall perform the duties of the Mayor in cases of absence or inability of the Mayor to perform the duties of the office. In the exercise of the duties of the office the Mayor pro tempore shall not have power to employ or discharge from employment officers or employees that the Mayor has the power to appoint, employ or discharge. The Mayor pro tempore shall have the right to vote as a member of the City Council. (Code of Iowa, Sec. 372.14(3))
11. The Mayor shall, upon order of the City Council, secure for the City such specialized and professional services not already available to the City. In executing the order of the City Council the Mayor shall conduct said duties in accordance with the City Ordinance and the laws of the State of Iowa.
12. The Mayor shall sign all licenses and permits which have been granted by the City Council, except those designated by law or Ordinance to be issued by another municipal officer.
13. Upon authorization of the City Council, the Mayor shall revoke permits or licenses granted by the City Council when their terms, the Ordinances of the City, or the laws of the State of Iowa are violated by holders of said permits or licenses.
14. The Mayor shall order to be removed, at public expense, any nuisance for which no person can be found responsible and liable. This order shall be in writing. The order to remove said nuisances shall be carried out by the Police Chief.

2-3-6 POWERS AND DUTIES OF THE CLERK. The duties of the Clerk shall be as follows:
1. The Clerk, shall attend all regular and special City 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, a summary of all receipts and the gross amount of the claims approved. Matters discussed in closed session pursuant to Chap. 21.5 of the Code of Iowa 1995, shall not be published until entered on the public record. (Code of Iowa 1995, Sec. 372.13(3) and (6))
2. The Clerk shall record each measure taken by the City Council, stating where applicable whether the Mayor signed, vetoed, or took no action on the measure and what action the City Council made upon the Mayor's veto. (Code of Iowa, Sec. 380.7(1))
3. The Clerk shall cause to be published all Ordinances and amendments enacted by the City. The Clerk shall authenticate all such measures except motions with said Clerk's signature, certifying the time and place of publication when required. (Code of Iowa, Sec. 380.7(1) and (2))
4. The Clerk shall maintain copies of all effective City Ordinances and codes for public use. (Code of Iowa, Sec. 380.7(4))
5. The Clerk shall cause to be published all ordinance, enactments, proceedings and official notices requiring publication as follows:

a. Time. If notice of an election, hearing, or other official action is required by the city code or law, the notice must be published at least once, not less than four (4) nor more than twenty (20) days before the date of the election, hearing or other action, unless otherwise provided by law.
b. Manner of Publication. A publication required by the city code or law shall be conspicuously posted at the following locations:
	1. U.S. Post Office
	2. Rock Falls City Hall
	3. Kady's Station

The City Clerk is hereby directed to promptly post such ordinances and notices and to leave them so posted for not less than ten (10) days after the first date of posting. The Clerk shall note the first date of such posting on the official copy of the ordinance and in the ordinance in the official ordinance book immediately following the ordinance. (Code of Iowa 1995, Sec. 362.3)
6. The Clerk shall certify all measures establishing any zoning district, building lines, or fire limits, and a plat showing each district, lines or limits to the recorder of the county containing the affected parts of the City. (Code of Iowa, Sec. 380.11)
7. The Clerk shall be the chief accounting officer of the City.
8. The Clerk shall keep separate accounts for every appropriation, department, public improvement or undertaking, and for every public utility owned or operated by the City. Each account shall be kept in the manner required by law. (Code of Iowa, Sec. 384.20)
9. Following City Council adoption for the budget, the Clerk shall certify the necessary tax levy for the following year to the County Auditor and the County Board of Supervisors. (Code of Iowa, Sec. 384.16(5))
10. The Clerk shall report to the City Council at the first meeting of each month the status of each municipal account as of the end of the previous month.
11. The Clerk shall balance all funds with the bank statement at the end of each month.
12. The Clerk shall prepare the annual public report, publish it, and send a certified copy to the State Auditor and other State officers as required by law. (Code of Iowa, Sec. 384.22)
13. The Clerk shall maintain all City records as required by law. (Code of Iowa, Sec. 372.13(3) and (5))
14. The Clerk shall have custody and be responsible for the safekeeping of all writings or documents in which the municipality is a party in interest unless otherwise specifically directed by law or Ordinance. (Code of Iowa, Sec. 372.13(4))
15. The Clerk shall file and preserve all receipts, vouchers, and other documents kept, or that may be required to be kept, necessary to prove the validity of every transaction and the identity of every person having any beneficial relation thereto.
16. The Clerk shall 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 the Clerk's duty. The Clerk shall furnish a copy to any citizen when requested upon payment of the fee set by City Council resolution. The Clerk shall, under the direction of the Mayor or other authorized officer, affix the seal of the corporation to those public documents or instruments which by Ordinance are required to be attested by the affixing of the seal. (Code of Iowa, Sec. 380.7(4), Sec. 22.2 and 22.7)
17. The Clerk shall attend all meetings of committees, boards and commissions of the City. The Clerk shall record and preserve a correct record of the proceedings of such meetings. (Code of Iowa, Sec. 372.13(4))
18. The Clerk shall keep and file all communications and petitions directed to the City Council or to the City generally. The Clerk shall endorse thereon the action of the City Council taken upon matters considered in such communications and petitions. (Code of Iowa, Sec. 372.13(4))
19. The Clerk shall issue all licenses and permits approved by the City Council, and keep a record of licenses and permits issued which shall show a date of issuance, license of permit number, official receipt number, name of person to whom issued, term of license or permit, and purpose for which issued. (Code of Iowa, Sec. 372.13(4))
20. The Clerk shall inform all persons appointed by the Mayor or City Council to offices in the municipal government of their position and the time at which they shall assume the duties of their office. (Code of Iowa, Sec. 372.13(4))
21. The Clerk shall preserve a complete record of every City election, regular or special and perform duties required by law or Ordinance of the City Clerk in regard to elections. (Code of Iowa, Sec. 376.4)
22. The Clerk shall draw all warrants/checks for the City upon the vote of the City Council. (Code of Iowa, Sec. 372.13(4))
23. The Clerk shall show on every warrant/check the fund on which it is drawn and the claim to be paid. (Code of Iowa, Sec. 372.13(4))
24. The Clerk shall keep a warrant/check record in a form approved by the City Council, showing the number, date, amount, payee's name, upon what fund drawn, and for what claim each warrant/check is issued. (Code of Iowa, Sec. 372.13(4))
25. The Clerk shall bill and collect all charges, rents or fees due the City for utility and other services, and give a receipt therefor. (Code of Iowa, Sec. 372.13(4))
26. Annually, the Clerk shall prepare and submit to the City Council an itemized budget of revenues and expenditures. (Code of Iowa, Sec. 384.16)
27. The Clerk shall keep the record of each fund separate. (Code of Iowa, Sec. 372.13(4) and 384.85)
28. The Clerk shall keep an accurate record for all money or securities received by the Clerk on behalf of the municipality and specify date, from whom, and for what purposes received. (Code of Iowa, Sec. 372.13(4))
29. The Clerk shall prepare a receipt in duplicate for all funds received. The Clerk shall give the original to the party delivering the funds, and retain the duplicate. (Code of Iowa, Sec. 372.13(4))
30. The Clerk shall keep a separate account of all money received by the Clerk for special assessments. (Code of Iowa, Sec. 372.13(4))
31. The Clerk shall, immediately upon receipt of monies to be held in the Clerk's custody and belonging to the City, deposit the same in banks selected by the City Council in amounts not exceeding monetary limits authorized by the City Council. (Code of Iowa, Sec. 372.13(4))
32. The Clerk shall keep a register of all bonds outstanding and record all payments of interest and principal.
33. The Clerk shall record the action of the Council in declaring depositories and maintain such action on file until altered, changed, or revoked. Said depositories shall be listed as an authorized depository on file with the State Treasurer of Iowa. As of July 1, 1990, the requirement for cities to send notification to the State Treasure's Office regarding selected depositories and maximum deposit levels is revoked.
34. The City seal shall be 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 shall be circular in form, in the center of which shall be the word, "Iowa" and around the margin the words, "Mayor's Seal, Rock Falls".
35. Compensation. Such compensation be paid as specified by Council resolution.
36. The City Clerk shall be hired to do the Treasurer's duties at a salary of $300.00 per year. This compensation shall include one trip and mileage to and from the bank per month. Additional trips for financial business will be compensated at the usual mileage and trip payments.

2-3-7 POWERS AND DUTIES OF THE POLICE CHIEF. - Reserved -

2-3-8 POWERS AND DUTIES OF THE CITY ATTORNEY. The duties of the City Attorney shall be as follows: (Code of Iowa, Sec. 372.13(4))
1. If requested, the City Attorney shall attend every regular meeting of the City Council and attend those special meetings of the City Council at which the City Attorney is required to be present.
2. The City Attorney shall, upon request, formulate drafts for contracts, forms and other writings which may be required for the use of the City.
3. The City Attorney shall keep in proper files a record of all official opinions and a docket or register of all actions prosecuted and defined by the City Attorney accompanied by all proceedings relating to said actions.
4. The City Attorney shall, upon request, give an opinion in writing upon all questions of law relating to municipal matters submitted by the City Council, the Mayor, members of the City Council individually, municipal boards or the head of any municipal department.
5. The City Attorney shall prepare those Ordinances when the City Council may desire and direct to be prepared and report to the City Council upon all Ordinances before their final passage by the City Council and publication.
6. The City Attorney shall act as Attorney for the City in all matters affecting the City's interest, unless a conflict of interest is found to exist, and appear on behalf of the City before any court, tribunal, commission or board. The City Attorney shall prosecute or defend all actions and proceedings when so requested by the Mayor or City Council.
7. The City Attorney shall not appear on behalf of any municipal office or employee before any court or tribunal for the purely private benefit of said officer or employee. The City Attorney shall, however, if directed by the City Council, appear to defend any municipal officer or employee in any cause of action arising out of or in the course of the performance of the duties of his or her office or employment.
8. The City Attorney shall sign the name of the City to all appeal bonds and to all other bonds or papers of any kind that may be essential to the prosecution of any cause in court, and when so signed the City shall be bound upon the same.
9. The City Attorney shall make a written report to the City Council and interested department heads of the defects in all contracts, documents, authorized power of any City officer, and Ordinances submitted to said City Attorney or coming under said City Attorney's notice.
10. The City Attorney shall, upon request, after due examination, offer a written opinion on and recommend alterations pertaining to contracts involving the City before they become binding upon the City or are published.
11. If a conflict of interest is found to exist by matter of relationship, personal interest or any other factor which may influence the ability of the City Attorney to represent the interest of the City, or which may cause question to be raised of the City Attorney's ability to effectively represent the City's interest by an employee or officer of the City, the City Attorney shall either disqualify himself/herself from representing the City on the matter in question, or the City Council shall take whatever action they deem appropriate to ensure that the City receives the necessary legal council and representation on the matter in question.

2-3-9 POWERS AND DUTIES OF THE SUPERINTENDENT OF PUBLIC UTILITIES. The duties of the superintendent of public utilities shall be as follows: (Code of Iowa, Sec. 372.13(4))
1. The Superintendent shall be responsible for the management, operation and maintenance of all municipal utilities.
2. The Superintendent shall keep records of accounts payable, revenues, accounts receivable, expenditures made, depreciation of plant and equipment, and a continuous up-to-date inventory of all goods and supplies. The Superintendent shall keep all other records ordered to be kept by the Mayor in addition to those provided for by law or Ordinance.
3. The Superintendent shall make a report every month in writing to the Mayor and City Council on the present state of the public utilities. In this report shall be specifically stated the financial condition, production and the general condition of the entire utilities enterprise. The Superintendent shall, at the close of every year, compile (or cause to be compiled) a written annual report of the activities and general condition of the public utilities of the City. This report shall contain a statement of the general progress and accomplishments of the plants and systems for the year covered in the report; a statement of financial operations for the year showing revenues, expenditures, and profits or losses; a summary of the history of the financial operations of the plant for the past five (5) years showing total revenue, cost of operations, depreciation, interest on bonds and net profits; a statement of free services rendered to the municipality during the year and their estimated cash value; a statement of the rate schedules that are presently in effect; and a balance sheet with a statement of all assets, liabilities and reserves.

2-3-10 POWERS AND DUTIES OF THE SUPERINTENDENT OF PUBLIC WORKS. The duties of the Superintendent of public works shall be as follows: (Code of Iowa, Sec. 372.13(4))
1. The Superintendent shall supervise the installation of all storm sewers in the City in accordance with the regulations of the department of public works pertaining to the installation of storm sewers.
2. The Superintendent shall maintain and repair the sidewalks, alleys, bridges and streets and keep them in a reasonably safe condition for travelers. The Superintendent shall immediately investigate all complaints of the existence of dangerous or impassable conditions of any sidewalk, street, alley, bridge, underpass or overpass, and is charged with the duty of correcting unsafe defects in them.
3. The Superintendent shall, whenever snow or ice imperil travel upon streets and alleys, be in charge of removing said snow and ice from the streets and alleys in the City and shall do whatever else is necessary and reasonable to make travel upon streets and alleys of the City safe.
4. The Superintendent shall compile and maintain written records of the purchases, accomplishments, disposition of equipment and manpower, an up-to-date inventory, and activities contemplated by the street department. The Superintendent shall make monthly oral and written reports of the activities of the department to the Mayor on or before the first day of each month.
5. The Superintendent shall perform all other duties of a public works nature which are not specifically assigned to other municipal officials or employees.

2-3-11 POWERS AND DUTIES OF THE FIRE CHIEF. The duties of the Fire Chief shall be as follows: (Code of Iowa, Sec. 372.13(4))
1. The Fire Chief shall 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.
2. The Fire Chief shall enforce all rules and regulations established by the City Council for the conduct of the affairs of the fire department.
3. The Fire Chief shall 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.
4. The Fire Chief shall cause to be kept records of the fire department personnel, operating cost and efficiency of each element of 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.
5. The Fire Chief shall make monthly written reports on or before the fifth day of each month to the Mayor and City Council concerning the general status and efficiency of the fire department, the number of alarms answered during the month previous, and additional information that may be requested by the Mayor or the City Council. The Fire Chief shall compile an annual report based upon the records maintained by the fire department and summarizing the activities of the fire department for the year. This report shall be filed with the Mayor. The annual report shall also contain recommendations for the improvement of the department.
6. The Fire Chief shall enforce all Ordinances and, where enabled, state laws regulating the following:
a. Fire prevention.
b. Maintenance and use of fire escapes.
c. The investigation of the cause, origin and circumstances of fires.
d. The means and adequacy of exits in case of fire from halls, theaters, churches, hospitals, asylums, lodging houses, schools, factories and all other buildings in which the public congregates for any purpose.
e. The installation and maintenance of private fire alarm systems and fire extinguishing equipment.
7. The Fire Chief shall have the right of entry into any building or premises within the Fire Chief's jurisdiction at a reasonable time and after reasonable notice to the occupant or owner. The Fire Chief shall there conduct such investigation or inspection that the Fire Chief considers necessary in light of state law, regulations or Ordinance.
8. The Fire Chief shall make such recommendations to owners, occupants, caretakers or managers of buildings necessary to eliminate fire hazards.
9. The Fire Chief shall, at the request of the State Fire Marshal, and as provided by law, aid said Marshal in the performance of the Marshal's duties by investigating, preventing and reporting data pertaining to fires.

2-4-1 COUNCIL MEMBER. The salaries of each City Council member shall be $ 20.00 for each meeting of the City Council. (Code of Iowa, Sec. 372.13(8))

2-4-2 MAYOR. The Mayor shall receive an annual salary of $ 500.00 to be paid one time only. (Code of Iowa, Sec. 372.13(8))

2-4-3 OTHER OFFICERS. The compensation of all other officers and employees shall be set by resolution of City Council. (Code of Iowa, Sec. 372.13(4))

2-5-1 BUDGET ADOPTION. Annually, the City shall prepare and adopt a budget, and shall certify taxes as follows: (Code of Iowa, Sec. 384.16)
1. The Clerk shall be responsible for preparation of the annual budget detail, for review and adoption by the Mayor and Council in accordance with directives of the Mayor and Council. A budget shall be prepared for at least the following fiscal year. When required by rules of the State City finance committee, a tentative budget shall be prepared for one or two ensuing years. The proposed budget shall show estimates of the following:
a. Expenditures for each program.
b. Income from sources other than property taxation.
c. Amount to be raised by property taxation, and the property tax rate expressed in dollars per one thousand dollars valuation. The budget shall show comparisons between the estimated expenditures in each program in the following year and the actual expenditures in each program during the two preceding years. Wherever practicable, as provided in rules of the State City Finance Committee, a budget shall show comparisons between the levels of service provided by each program as estimated for the following year, and actual levels of service provided by each program during the two preceding years. The Clerk shall submit the completed budget proposal to the Council no later than February 15th of each year. The Council shall review the proposed budget and may make any adjustment in the budget which it deems appropriate before accepting such proposal for publication, hearing and final adoption.
2. Not less than twenty days before the date that the budget must be certified to the County Auditor, the Clerk shall provide a sufficient number of copies of the budget to meet reasonable demands of taxpayers, and have them available for distribution at the offices of the Mayor and Clerk and at the City library, if any, or at three places designated by Ordinance for posting notices.
3. The City Council shall set a time and place for public hearing on the budget before the final certification date and shall publish notice before the hearing as provided in Iowa law. Proof of publication shall be filed with the County Auditor.
4. At the hearing, any resident or taxpayer of the City may present to the City Council objections to any part of the budget for the following fiscal year or arguments in favor of any part of the budget.
5. After the hearing, the City Council shall adopt a budget for at least the following fiscal year, and the Clerk shall certify the necessary tax levy for the following year to the County Auditor and the County Board of Supervisors. The tax levy certified may be less than but not more than the amount estimated in the proposed budget, unless an additional tax levy is approved at a City election. Two copies of the complete budget as adopted shall be transmitted to the County Auditor.

2-5-2 BUDGET AMENDMENT. The City budget as finally adopted for the following fiscal year becomes effective July first and constitutes the City appropriation for each program and purpose specified therein until amended. The City budget for the current fiscal year may be amended for any of the following purposes: (Code of Iowa, Sec. 384.18)
1. To permit the appropriation and expenditures of unexpended, unencumbered cash balances on hand at the end of the preceding fiscal year which had not been anticipated in the budget.
2. To permit the appropriation and expenditure of amounts anticipated to be available from sources other than property taxation, and which had not been anticipated in the budget.
3. To permit transfers from the debt service fund, the capital improvements reserve fund, the emergency fund, or other funds established by State law, to any other City fund, unless specifically prohibited by State law.
4. To permit transfers between programs within the general fund. The budget amendment shall be prepared and adopted in the same manner as the original budget, and is subject to protest as provided in Section 2-5-3 of this chapter, except that the City Finance Committee may by rule provide that amendments of certain types or up to certain amounts may be made without public hearing and without being subject to protest.

2-5-3 BUDGET PROTEST. Within a period of ten days after the final date that the budget or amended budget may be certified to the County Auditor, persons affected by the budget may file a written protest with the County Auditor, specifying their objection to the budget or any part of it. A protest must be signed by qualified voters equal in number to one-fourth of one percent of the votes cast for governor in the last preceding general election in the City, but not less than ten persons. (Code of Iowa, Sec. 384.19)

2-5-4 ACCOUNTS AND PROGRAMS. The City shall keep separate accounts corresponding to the programs and items in its adopted or amended budget, as recommended by the State City Finance Committee. The City shall keep accounts which show an accurate and detailed statement of all public funds collected, received, or expended for any City purpose, by any City officer, employee, or other person, and which show the receipt, use, and disposition of all City property. Public monies may not be expended or encumbered except under an annual or continuing appropriation. (Code of Iowa, Sec. 384.20) There shall be established such individual accounts to record receipts by source and expenditures by program, subprogram 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 expenditure 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.

2-5-5 ANNUAL REPORT. Not later than October first of each year the City shall publish an annual report containing a summary for the preceding fiscal year of all collections and receipts, all accounts due the City, and all expenditures, the current public debt of the City, and the legal debt limit of the City for the current fiscal year. A copy of this report shall be furnished to the Auditor of State. (Code of Iowa, Sec. 384.22)

2-5-6 COUNCIL TRANSFERS. When the City Clerk determines that one or more appropriation accounts need added authorizations to meet required expenditures therein the City Clerk shall inform the City Council or if the City Council upon its own investigation so determines, and another account within the same programs has an appropriation in excess of foreseeable needs, or, in the case of a clear emergency or unforeseeable need, the contingency account has an unexpended appropriation which alone or with the other accounts can provide the needed appropriations, the City Council shall set forth by resolution the reductions and increases in the appropriations and the reason for such transfers. Upon the passage of the resolution and approval by the Mayor, as provided by law for resolutions, the City Clerk shall cause the transfers to be set out in full in the minutes and be included in the published proceedings of the City Council. Thereupon the Clerk, and where applicable, the City Treasurer, shall cause the appropriation to be revised upon the appropriation expenditure ledgers of the City, but in no case shall the total of the appropriation of a program be increased except for transfers from the contingency account nor shall the total appropriation for all purposes be increased except by a budget amendment made after notice and hearing as required by law for such amendments. (IAC, Sec. 545.2.4(384.388))

2-5-7 ADMINISTRATIVE TRANSFERS. The City Clerk shall have power to make transfers within a single activity between objects of expenditures within activities without prior City Council approval. The City Clerk shall have the power to make transfers between activities, or between sub-programs without prior City Council approval to meet expenditures which exceed estimates or are unforeseen but necessary to carry out City Council directives or to maintain a necessary service and provide the required appropriation balance. Such transfers shall not exceed 0 % at any one time of the activity's annual appropriation which is increased or decreased. However, when a given transfer, considering all previous transfers to or from any activity to exceed by ten percent greater or ten percent less than the original appropriation, it shall be presented to the City Council as a resolution including all such administrative transfers to date in the fiscal year for consideration and passage as presented, or as amended by the City Council. (IAC, Sec. 545.2.4(384.388))

2-5-8 BUDGET OFFICER. The City Clerk shall be the City budget officer and is responsible for preparing the budget data in cooperation with the City Council or Mayor. The City Clerk shall be responsible for carrying out the authorizations and plans in the budget as set forth in the budget, subject to City Council control and the limitations set out in this Ordinance. (Code of Iowa, Sec. 372.13(4))

2-5-9 EXPENDITURES. No expenditure shall be authorized by any City officer or employee except as herein provided. All purchases of services, supplies and equipment shall be made only after issuance of a purchase order and no invoice shall be accepted unless authorized by such an order. Purchases not exceeding ten dollars ($10.00) may be made by those officials authorized by the City Council but only on issuance of a spot purchase order in writing signed by the authorized officer. A copy of such spot purchase order must be delivered to the Clerk within twenty-four (24) hours, weekends, and holidays excepted. All other purchases shall be valid only if a purchase order has been given in writing and signed by the Clerk. Purchases from petty cash shall be excepted. (Code of Iowa, Sec. 721.2(1))

2-5-10 AUTHORIZATIONS TO EXPEND. All purchase orders other than those excepted herein shall be authorized by the City budget officer after determining whether the purchase, if a major item, has been authorized by the budget or other City Council approval. The Clerk shall then determine whether a purchase order may be issued by checking the availability of an appropriation sufficient to pay for such a purchase. A purchase order may be issued only if there is an appropriation sufficient for the purchase and for other anticipated or budgeted purposes. If no adequate appropriation is available for the expenditure contemplated the Clerk shall not issue a purchase order until a budget amendment to transfer of appropriation is made in accordance with power delegated by City Council and within the limits set by law and the City Council. The Clerk shall draw a warrant/check only upon an invoice received, or progress billing for a public improvement, supported by a purchase order and a signed receipt or other certification indicating the material has been delivered of the quality and in the quantities indicated or the services have been performed satisfactorily to the extent invoiced. (Code of Iowa, Sec. 721.2(1)) No city official or employee, or any person acting under color of such office or employment, shall knowingly make any contract or authorize any expenditure known by him or her to be in excess of that authorized by law. 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.

2-5-11 ACCOUNTING. The Clerk shall set up and maintain books of original entry to provide a chronological record of cash received and disbursed through all receipts given and warrants written, which receipts and warrants shall be pre-numbered, in accordance with modern, accepted methods, and the requirement of the state. The Clerk shall keep a general ledger controlling all cash transactions, budgetary accounts and recording unappropriated surpluses. Warrants/checks shall be signed by the City Clerk. (Code of Iowa, Sec. 384.20)

2-5-12 BUDGET ACCOUNTS. The Clerk shall set up such individual accounts to record receipts by source and expenditures by program and purpose as will provide adequate information and control for budgetary purposes as planned and approved by the City Council. Each individual account shall be maintained within its proper fund as required by City Council order or State law and shall be so kept that receipts can be immediately and directly compared with specific estimates and expenditures can be related to the appropriation which authorized it. No expenditure shall be posted except to the appropriation for the function and purpose for which the expense was incurred. (Code of Iowa, Sec. 384.20)

2-5-13 CONTINGENCY ACCOUNTS. Whenever the City Council shall have budgeted for a contingency account the Clerk shall set up in the accounting records but the Clerk shall not charge any claim to a contingency account. Said contingency accounts may be drawn upon only by City Council resolution directing a transfer to a specific purpose account within its fund and then only upon compelling evidence of an unexpected and unforeseeable need or emergency. All administrative transfers shall be reported in writing at the next regular meeting of the City Council after being made and the fact set out in the minutes for the information of the Mayor and City Council.

2-6-1 PURPOSE. The City of Rock Falls, Iowa has a population of two hundred (200) or less as shown by the last preceding certified federal census, and Ordinances and amendments and publications of notices of elections, hearings and other official actions may be made by posting in three public places designated by the City Council. (Code of Iowa, Sec. 362.3(2))

2-6-2 LISTING; LENGTH OF NOTICE. The three (3) public places where Ordinances, amendments and public notices of elections, hearings and other official actions are to be displayed are:
a. U.S. Post Office
b. Rock Falls City Hall
c. Kady's Station
The City Clerk is hereby directed to post all Ordinances, amendments and City Council actions promptly after passage and to post all such matters not less than four (4) nor more than twenty (20) days before the date of the election, hearing or other action, or as otherwise required by State law, and to leave them so posted for not less than 10 days after the first date of posting. (Code of Iowa, Sec. 380.7)

2-6-3 REMOVING NOTICE; UNLAWFUL. Removal of a public notice by persons other than the City Clerk shall be a misdemeanor. Such removal before the ten days have expired, however, shall not affect the validity of the Ordinance.

3-1-1 VIOLATIONS OF CHAPTER. Commission of any of the acts named in the following sections by any person shall constitute a violation of this chapter.

3-1-2 PUBLIC PEACE. It shall be unlawful for any person to do any of the following:
1. Engage in fighting or violent behavior or invite or defy another person to fight, provided that participants in athletic contests may engage in such conduct which is reasonably related to that sport. (Code of Iowa, Sec. 723.4(1))
2. Make unusually loud or excessive noise which results in the disturbance of the peace and the public quiet of a neighborhood. (Code of Iowa, Sec. 723.4(2))
3. Willfully permit upon any premises owned, occupied, possessed or controlled by such person any unusually loud or excessive noise in such a manner calculated to provoke a breach of the peace of others, or the public quiet of the neighborhood. (Code of Iowa, Sec. 723.4(2))
4. Direct abusive language or make any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another. (Code of Iowa, Sec. 723.4(3))
5. Without lawful authority or order of authority, disturb any lawful assembly or meeting of persons by conduct intended to disrupt the meeting or assembly. (Code of Iowa, Sec. 723.4(4))
6. Without authority, obstruct any street, sidewalk, highway or other public way. (Code of Iowa, Sec. 723.4(7))
7. Without authority, solicit contributions, distribute literature, or otherwise peddle or sell goods and services within the traveled portion of any roadway. (Code of Iowa, Sec. 364.12(2)(a))

3-1-3 PUBLIC MORALS.
1. Indecent exposure. It shall be unlawful for any person to expose such person's genitals, pubes, female nipples, or buttocks to another or to urinate or defecate in the presence of or in view of another, if the person knows or reasonably should know that such behavior would be offensive to a reasonable person.
2. Consumption in public places - intoxication. No person shall use or consume any alcoholic liquors upon the public streets or highways, or in any public place, except premises covered by a liquor control license, or be intoxicated or simulate intoxication in a public place. (Code of Iowa, Sec. 123.46)

3-1-4 MINORS.
1. Supplying liquor to minors. No person shall sell, give or otherwise supply alcoholic liquor, wine, or beer to any person under twenty-one (21) years of age, or knowingly permit any person under that age to consume alcoholic liquors, wine, or beer, except in the case of alcoholic liquor, wine, or beer, given or dispensed to a person under twenty-one (21) years of age within a private home and with the knowledge and consent of the parent or guardian for beverage or medicinal purposes or as administered to such person by a physician or dentist for medicinal purposes. (Code of Iowa, Sec. 123.47)

3-1-5 ANIMALS.
1. Cruelty to animals. No person shall torture, torment, mutilate, cruelly beat, or cruelly kill any animal, or unnecessarily fail to provide the same with proper food, shelter, protection from the weather, or drive or work the same when unfit for labor, or cruelly abandon the same or cause the same to be cruelly carried on any vehicle or otherwise; or commit any other act or omission by which unjustifiable pain, distress, suffering or death is caused or permitted to any animal or animals, whether the acts or omissions herein contemplated are committed either maliciously, willfully or negligently. (Code of Iowa, Sec. 717.2)
2. Bullfights and other contests. No person shall keep or use, or in any way be connected with, or be interested in the management of, or receive money for the admission of any person to, any place kept or used for the purpose of fighting or baiting any bull, bear, dog, cock or other creature, or engage in, aid, abet, encourage or assist in any bull, bear, dog or cock fight, or a fight between any other creatures. (Code of Iowa, Sec. 717.3)
3. Animals running at large. No person shall allow cattle, horses, swine, sheep or other similar animals or fowl to run at large within the limits of the municipal corporation. At large means an animal found off the premises of the owner or upon the public streets, alleys, public grounds or parks within the City. A dog or cat shall not be deemed at large:
a. If it is attached to a leash of sufficient strength of not more than ten (10) feet in length and such leash is held by a competent person; or
b. It is accompanied by or at the side of the owner or a competent person and obedient to commands of the owner or competent person.
4. Nuisance. It shall be unlawful for any person to permit an animal under such person's control or within such person's custody to commit a nuisance. An animal shall be considered a nuisance if it:
a. Damages, soils, defiles or defecates on private property other than the owner's or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner.
b. Causes unsanitary, dangerous or offensive conditions.
c. Causes a disturbance by excessive barking or other noisemaking or chases vehicles, or molests, attacks or interferes with persons or other domestic animals on public property.

3-1-6 STREETS.
1. Removal of safeguards or danger signals. No person shall willfully remove, tear down, destroy or carry away from any highway, street, alley, avenue or bridge 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 highway, street, alley, avenue or bridge without the consent of the person in control thereof. (Code of Iowa, Sec. 716.5)
2. Obstructing or defacing streets. No person shall obstruct, deface, or injure any public road in any manner by breaking up, plowing or digging within the boundary lines thereof, without permission from the Mayor. (Code of Iowa, Sec. 716.1)
3. Allowing water, snow, ice and accumulations on sidewalk. No abutting property owner shall allow water from an improperly located eave or drain, or from any roof, to fall onto a public sidewalk, or fail to remove snow, ice and accumulations from the sidewalks promptly. (Code of Iowa, Sec. 364.12(2)(b and e)) 4. Removal of hydrant caps, sewer caps or manhole covers. No person shall remove or carry away hydrant caps, sewer caps or manhole covers without the consent of the person in control thereof.
5. Playing in Streets. It shall be unlawful for any person to coast, sled or pay games on streets or highways, except in the areas blocked off by the administrator for such purposes.
6. Traveling on Barricaded Street Prohibited. It shall be unlawful for any person to travel or operate any vehicle on any street or public way 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. 7. Use of Parking. It shall be unlawful to temporarily or permanently park, store, or place any car, truck, vehicle, junk or any other goods, wares and merchandise of any kind upon any street parking without permission of the city council.
8. Use of Streets for Business Purposes. It shall be unlawful to park, store or place nay machinery, or any other goods, wares, and merchandise of any kind upon any street for the purpose of storage, exhibition, sale or offering same for sale, without permission of the council.
9. Washing Vehicle on Streets Prohibited. It shall be unlawful for an person to use any public sidewalk or street 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 shall not be construed to prevent any person from washing or cleaning his or her own vehicle or equipment when it is lawfully parked in the street.
10. Burning Prohibited. No person shall burn any trash, leaves, rubbish or other combustible material in any curb and gutter or an any paved or surfaced street.
11. Maintenance of Parking or Terrace. It shall be the responsibility of the abutting property owner to maintain all property outside the lot and the 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.
12. 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 ma perform the required action a and assess the cost against the abutting property for collection in the same manner as a property tax.
13. Driveway Culverts. The property owner shall, at his own expense, install any culvert deemed necessary under any driveway or any other access to his 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 he 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 auditor and specially assessed against the property as by law provided.

3-1-7 PUBLIC SAFETY AND HEALTH.
1. Expectorating. No person shall expectorate on the ground or on the floor of any structure within the City limits. (Code of Iowa, Sec. 364.1)
2. Putting glass, etc., on streets and sidewalks. No person shall throw or deposit on any street or sidewalk any glass bottle, glass, nails, tacks, wire, cans, trash, garbage, rubbish, litter, offal, or any other debris, or any other substance likely to injure any person, animal or vehicle. (Code of Iowa, Sec. 321.369)
3. Carrying a concealed weapon. It shall be unlawful for any person to carry under such person's clothes or concealed about their person or to be found in possession of any slingshot, knuckles of metal or other material, air gun or any other weapon other than a knife. (Code of Iowa, Sec. 724.4)
4. False alarms. No person shall give or cause to be given any false alarm of a fire, nor set fire to any combustible material, or cry or sound an alarm or by any other means without cause.
5. Stench bombs. No person shall throw, drop, pour, explode, deposit, release, discharge or expose any stench bomb or tear bomb, or any liquid, gaseous or solid substance or matter of any kind that is injurious to persons or property, or that is nauseous, sickening, irritating or offensive to any of the senses in, on or about a theater, restaurant, car, structure, place of business, or amusement, or any place of public assemblage, or attempt to do any of these acts, or prepare or possess such devices or materials with intent to do any of these acts. This provision shall not apply to duly constituted police, military authorities, or peace officers in the discharge of their duties, or to licensed physicians, nurses, pharmacists and other similar persons licensed under the laws of this State; nor to any established place of business or home having tear gas installed as a protection against burglary, robbery or holdup, nor to any bank or other messenger carrying funds or other valuables.
6. Discharging firearms and fireworks. (Code of Iowa, Sec. 727.2)
a. No person, firm, or corporation shall discharge or fire any cannon, gun, bomb, pistol, air gun, or other firearms or set off or burn firecrackers, torpedoes, sky rockets, roman candles, or other fireworks of like construction or any fireworks containing any explosive or inflammable compound, or other device containing any explosive.
b. The City Council may upon application in writing, grant a permit for the display and use of fireworks by any organization or groups of individuals when such fireworks display will be handled by a competent operator.
c. The City Council may, upon application in writing, grant a permit for the operation of a firing range in which the discharge of firearms for training, recreational or competitive events would be allowed upon showing that the range would be under the direction of a competent organization, group or individual.
d. In the interest of public health and safety and at such times as approved by the Chief of Police, the police or their designee may use firearms to control rodent or animal problems when it is evident that conventional control methods have not resolved the problem.
e. Nothing herein shall be construed to prohibit the use of blank cartridges for a show or the theater, or for signal purposes in athletic sports or by railroads, or trucks, for signal purposes, or by a recognized military organization and provided further that nothing in this section shall apply to any substance or composition prepared and used for medicinal or fumigation purposes.
7. Abandoned refrigerators. No person shall place, or allow to be placed, any discarded, abandoned, unattended or unused refrigerator, ice box or similar container equipped with an air-tight door or lid, snap lock, or other locking device which cannot be released from the inside, in a location accessible to children, outside any building, dwelling, or within an unoccupied or abandoned building or dwelling, or other structure, under such person's control without first removing the door, lid, snap lock, or other locking device from said icebox, refrigerator or similar container. This provision applies equally to the owner of any such refrigerator, icebox or similar container, and to the owner or occupant of the premises where the hazard is permitted to remain. (Code of Iowa, Sec. 727.3)
8. Impersonating an officer. No person shall falsely represent him or herself or falsely assume to be any law enforcement officer, judge or magistrate. It shall be unlawful to wear or adopt the uniform or insignia of any law enforcement officer on any street or public place. (Code of Iowa, Sec. 718.2)
9. Refusing to assist an officer. No person shall, when lawfully required by any sheriff, deputy sheriff, constable or other officer, willfully neglect or refuse to assist such officer in execution of the duties of such officer's office in any criminal case, or in any case of escape or rescue. (Code of Iowa, Sec. 719.2)
10. Antenna and radio wires. No person shall allow, locate or maintain any antenna wires, antenna supports, radio wires or television wires to exist over any street, alley, highway, sidewalk or public property. (Code of Iowa, Sec. 364.12(2))
11. Throwing and shooting. No person shall throw stones or missiles of any kind or shoot arrows, rubber guns, slingshots, air rifles or other dangerous instruments or toys on or into any street, highway, alley, sidewalk or public place. (Code of Iowa, Sec. 364.12(2))
12. Barbed wire. No person shall install, allow to be installed or use barbed wire without the consent of the City Council. (Code of Iowa, Sec. 364.1)
13. Playing in streets. No person shall coast, sled or play games on streets or highways except in areas blocked off by the Chief of Police for such purposes. (Code of Iowa, Sec. 364.12) 14. Sale of food. No person shall sell or offer for sale any tainted, unsound or rotten meat, fish, fowl, fruit, vegetables, eggs, butter, canned goods, packaged goods, or other articles of food, or sell or offer for sale the flesh of any animal that was diseased. (Code of Iowa, Sec. 364.1)

3-1-8 PUBLIC PROPERTY.
1. Defacing public grounds. No person shall cut, break or deface any tree or shrub in a public park or on any avenue thereto by willfully defacing, cutting, breaking or injuring, except by the authority of the Mayor. (Code of Iowa, Sec. 364.12(2))
2. Injuring new pavement. No person shall injure new pavement in any street, alley or sidewalk by willfully driving, walking or making marks on such pavement before it is ready for use. (Code of Iowa, 364.12(2))
3. Destroying park equipment. No person shall destroy or injure any property or equipment in public swimming pools, playgrounds or parks by willfully defacing, breaking, damaging, mutilating or cutting. (Code of Iowa, Sec. 364.12(2))
4. Injury to public library books or property. No person shall willfully, maliciously or wantonly tear, deface, mutilate, injure or destroy, in whole or in part, any newspaper, periodical, book, map, pamphlet, chart, picture or other property belonging to any public library or reading room.
5. Defacing or destroying proclamations or notices. No person shall intentionally deface, obliterate, tear down or destroy in whole or in part any transcript or extract from or of any law of the United States or of this State, or any proclamation, advertisement or notification, set up at any place within the City by authority of law or by order of any court, during the time for which the same is to remain set up. (Code of Iowa, Sec. 716.1)
6. Injury to gravestones or property in cemetery. No person shall willfully and maliciously destroy, mutilate, deface, injure or remove any tomb, vault, monument, gravestone or other structure placed in any public or private cemetery, or any fences, railing or other work for the protection, ornamentation of said cemetery, or of any tomb, vault, monument or gravestone, or other structure aforesaid, on any cemetery lot within such cemetery, or willfully and maliciously destroy, cut, break or injure any tree, shrub, plant or lawn within the limits of said cemetery, or drive outside of said avenues and roads, and over the grass or graves of said cemetery. (Code of Iowa, Sec. 716.1)
7. Injury to fire apparatus. No person shall willfully destroy or injure any engines, hose carriage, hose, hook and ladder carriage, or other things used and kept for extinguishment of fires. (Code of Iowa, Sec. 716.1)
8. Obstructing or defacing roads. No person shall obstruct, deface or injure any public road by breaking up, plowing or digging within the boundary lines thereof. (Code of Iowa, Sec. 716.1)
9. Injury to roads, railways, and other utilities. No person shall maliciously injure, remove or destroy any electric railway or apparatus belonging thereto, or any bridge, rail or plank road; or place or cause to be placed, any obstruction on any electric railway, or on any such bridge, rail or plank road; or willfully obstruct or injure any public road or highway; or maliciously cut, burn, or in any way break down, injure or destroy any post or pole used in connection with any system of electric lighting, electric railway, or telephone or telegraph system; or break down and destroy or injure and deface any electric light, telegraph or telephone instrument; or in any way cut, break or injure the wires of any apparatus belonging thereto; or willfully without proper authorization tap, cut, injure, break, disconnect, connect, make any connection with, or destroy any of the wires, mains, pipes, conduits, meters or other apparatus belonging to, or attached to, the power plant or distributing system of any electric light plant, electric motor, gas plant or water plant; or aid or abet any other person in so doing. (Code of Iowa, Sec. 716.1)
10. Tapping telegraph or telephone wires. No person shall wrongfully or unlawfully tap or connect a wire with the telephone or telegraph wires of any person, company or association engaged in the transmission of messages on telephone or telegraph lines. (Code of Iowa, Sec. 727.8)
11. Obstructing ditches and breaking levees. No person shall divert, obstruct, impede, or fill up, without legal authority, any ditch, drain, or watercourse, or break down any levee established, constructed, or maintained under any provision of law. (Code of Iowa, Sec. 716.1)

3-2-1 DEFINITIONS. For use in this Ordinance, the following terms are defined:
1. The term "nuisance" means whatever is injurious to health, indecent, or unreasonably offensive to the senses or an obstacle to the free use of property, so as essentially to unreasonably interfere with the comfortable enjoyment of life or property. The following are declared to be nuisances: (Code of Iowa, Sec. 657.1)
a. The 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. (Code of Iowa, Sec. 657.2(1)) b. The causing or suffering any offal, filth, or noisome substance to accumulate or to remain in any place to the prejudice of others. (Code of Iowa, Sec. 657.2(2))
c. The obstructing or impeding without legal authority the passage of any navigable river, harbor, or collection of water. (Code of Iowa, Sec. 657.2(3))
d. The 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. (Code of Iowa, Sec. 657.2(4))
e. The obstructing or encumbering by fences, buildings, or otherwise the public roads, private ways, streets, alleys, commons, landing places, or burying grounds. (Code of Iowa, Sec. 657.2(5))
f. Houses of ill fame, kept for the purpose of prostitution and lewdness, gambling houses, or houses resorted to for the use of opium or hashish or houses where drunkenness, quarreling, fighting or breaches of the peace are carried on or permitted to the disturbance of others. (Code of Iowa, Sec. 657.2(6))
g. 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, especially near intersecting streets. (Code of Iowa, Sec. 657.2(7))
h. Cotton-bearing cottonwood trees and all other cotton-bearing poplar trees in the City. (Code of Iowa, Sec. 657.2(8))
i. Any object or structure hereafter erected within 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. (Code of Iowa, Sec. 657.2(9))
j. The depositing or storing of inflammable junk, such as old rags, rope, cordage, rubber, bones, and paper, by any person, including a dealer in such articles, within the fire limits of this City, unless it be in a building of fire resistant construction. (Code of Iowa, Sec. 657.2(10))
k. The emission of dense smoke, noxious fumes, or fly ash. (Code of Iowa, Sec. 657.2(11))
l. Dense growth of all weeds, grasses, vines, brush, or other vegetation in the City so as to constitute a health, safety, or fire hazard. (Code of Iowa, Sec. 657.2(12))
m. Trees infected with Dutch elm disease. (Code of Iowa, Sec. 657.2(13))
n. Effluent from septic tank or drain field running or ponding on the ground in the open.
o. Any article or substance placed upon a street, alley, sidewalk, public ground, or in any ditch, waterway, or gutter so as to obstruct the drainage. (Code of Iowa, Sec. 716.1)
p. Accumulations of rubbish or trash tending to harbor vermin, rodents, and rank growth of weeds or other vegetation and plants, which is conducive to hazard. (Code of Iowa, Sec. 657.2)
q. Abandoned appliances. Abandoning or otherwise leaving unattended any refrigerator, ice box, or similar container, with doors that may become locked, outside of buildings and accessible to children, or allowing any such refrigerator, ice box similar container, remain outside of buildings on premises in the person's possession or control, abandoned or unattended, with or without doors, and so accessible to children.
r. Obstructing View at Intersections. All trees, hedges, billboards, or other obstructions which prevent persons from having a clear view of traffic approaching an intersection from cross streets in sufficient time to bring a motor vehicle driven at a reasonable speed to a full stop before the intersection is reached.
s. Dilapidated Structure. Any man-made improvement on real property that is dangerous or an attractive nuisance to children due to a lack of proper maintenance, and would be included in the definition of substandard or unsafe buildings, in Article 3 of this Chapter. 2. The term "property owner" means the contract purchaser if there is one of record, otherwise the record holder of legal title. (Code of Iowa, Sec. 364.1)

3-2-2 NUISANCES PROHIBITED. The creation or maintenance of a nuisance is prohibited, and a nuisance, public or private, may be abated in the manner provided in this chapter. (Code of Iowa, Sec. 657.3)

3-2-3 OTHER CONDITIONS REGULATED. The following actions are required and may also be abated in the manner provided in this Ordinance:
1. The removal of diseased trees or dead wood, but not diseased trees and dead wood outside the lot and property lines and inside the curb lines upon the public street. (Code of Iowa, Sec. 364.12(3)(b))
2. The removal, repair, or dismantling of dangerous buildings or structures. (Code of Iowa, Sec. 364.12(3)(c))
3. The numbering of buildings. (Code of Iowa, Sec. 364.12(3)(d))
4. The connection to public drainage systems from abutting property when necessary for public health or safety. (Code of Iowa, Sec. 364.12(3)(e))
5. The connection to public sewer systems from abutting property, and the installation of sanitary toilet facilities and removal of other toilet facilities on such property. (Code of Iowa, Sec. 364.12(3)(f))
6. The cutting or destruction of weeds or other growth which constitutes a health, safety, or fire hazard. (Code of Iowa, Sec. 364.12(3)(g))

3-2-4 NOTICE TO ABATE NUISANCE OR CONDITION. Whenever the Mayor or other authorized municipal officer finds that a nuisance or other condition exists which is listed in Section 3, the Mayor or officer shall cause to be served upon the property owner as shown by the records of the County Auditor a written notice to abate the nuisance within a reasonable time after notice. (Code of Iowa, Sec. 364.12(3)(h))

3-2-5 CONTENTS OF NOTICE TO ABATE. The notice to abate shall contain: (Code of Iowa, Sec. 364.12(3)(h)) 1. A description of what constitutes the nuisance or other condition.
2. The location of the nuisance or condition.
3. A statement of the act or acts necessary to abate the nuisance or condition.
4. A reasonable time within which to complete the abatement.
5. 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.

3-2-6 METHOD OF SERVICE. The notice may be served by certified mail or personal service to the property owner as shown by the records of the County Auditor. (Code of Iowa, Sec. 364.12(3)(h))

3-2-7 REQUEST FOR HEARING AND APPEAL. Any person ordered to abate a nuisance or condition may have a hearing with the officer ordering the abatement as to whether a nuisance or prohibited condition exists. A request for a hearing must be made in writing and delivered to the officer ordering the abatement within the time stated in the notice, or it will be conclusively presumed that a nuisance or prohibited condition exists and it must be abated as ordered. At the conclusion of the hearing, the hearing officer shall render a written decision as to whether a nuisance or prohibited condition exists. If the officer finds that a nuisance or prohibited condition exists, the officer must order it abated within an additional time which must be reasonable under the circumstances. An appeal from this decision may be had by immediately filing a written notice with the hearing officer. This appeal shall be heard before the City Council at a time and place fixed by the Council. The findings of the Council shall be conclusive and, if a nuisance or prohibited condition is found to exist, it shall be ordered abated within a time reasonable under the circumstances.

3-2-8 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 that may be required under this chapter without prior notice, and assess the costs as provided herein, after notice to the property owner under the applicable provision of Sections 3-2-4 and 3-2-5 and hearing as provided in Section 3-2-7. (Code of Iowa, Sec. 364.12(3)(h))

3-2-9 ABATEMENT BY MUNICIPALITY. If the person notified to abate a nuisance or condition neglects or fails to abate as directed, the City may perform the required action to abate, keeping an accurate account of the expense incurred. The itemized expense account shall be filed with the City Clerk, who shall pay such expenses on behalf of the municipality. (Code of Iowa, Sec. 364.12(3)(h))

3-2-10 COLLECTION OF COST OF ABATEMENT. The Clerk shall mail a statement of the total expense incurred to the property owner who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within one month, the City Clerk shall certify the costs to the County Auditor and they shall then be collected with, and in the same manner, as general property taxes. (Code of Iowa, Sec. 364.12(3)(h))

3-2-11 INSTALLMENT PAYMENT OF COST OF ABATEMENT. If the amount expended to abate the nuisance or condition exceeds $100, the City may permit the assessment to be paid in up to ten annual installments, to be paid in the same manner and at the same rate of interest charged delinquent real estate taxes by the County Treasurer. (Code of Iowa, Sec. 364.13)

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

3-3-2 DEFINITIONS. Where words and phrases used in this chapter are defined in Chapter 321 of the Code of Iowa, such definitions shall apply to this Ordinance.
1. "Park and parking" means the stopping or standing of a vehicle, except for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers.
2. "Stand or standing" means the halting of a vehicle, whether occupied or not, except for the purpose of and while actually engaged in receiving or discharging passengers.
3. "Stop", when required means complete cessation of movement.
4. "Stop or stopping", when prohibited, means any halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.
5. "Business districts" means: the territory contiguous to and including a highway when fifty percent or more of the frontage thereon for a distance of three hundred feet or more is occupied by buildings in use for business.
6. "Residential districts" means all areas of the City not included in business districts. (Code of Iowa, Sec. 321.1)

3-3-3 TRAFFIC ACCIDENT REPORTS. The driver of a vehicle involved in an accident within the limits of this City shall file a report as and when required by the Iowa Department of Public Safety. A copy of this report shall be filed with the Peace Officer. All such reports shall be for the confidential use of the police department and shall be subject to the provisions of Section 321.271 of the Code of Iowa. The City shall maintain a suitable system of filing traffic accident reports. (Code of Iowa, Sec. 321.266)

3-3-4 PEACE OFFICER TO SUBMIT ANNUAL REPORTS. The Peace Officer shall prepare annually a traffic report which shall be filed with the Mayor. Such report shall contain information on traffic matters in this City concerning the number of traffic accidents, the number of persons killed or injured, the number and nature of violations, and other pertinent traffic data including the plans and recommendations for future traffic safety activities.

3-3-5 AUTHORITY OF PEACE OFFICER AND FIRE DEPARTMENT OFFICIALS. Provisions of this chapter and the Iowa law relating to motor vehicles and law of the road shall be enforced by the officers of the police department. The Peace Officers hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws. In the event of a fire or other emergency, peace officers may direct traffic as conditions require notwithstanding the provisions of the traffic laws. Officers of the fire department may direct or assist the Peace Officer in directing traffic thereat or in the immediate vicinity. (Code of Iowa, Sec. 321.229)

3-3-6 REQUIRED OBEDIENCE TO PROVISIONS OF THIS CHAPTER AND STATE LAW. Any person who shall willfully fail or refuse to comply with any lawful order of a Peace Officer or direction of a fire department officer during a fire, or who fails to abide by the provisions of this chapter and the applicable provisions of the following Iowa statutes relating to motor vehicles and the law of the road is in violation of this chapter. These sections of the Code are adopted by reference:
1. 321.32, 321.174, 321.189, 321.193, and 321.218 through 321.224 -- display of registration and license to drive.
2. 321.229 through 321.234 -- obedience to a peace officer and responsibility of public officers, emergency vehicles and bicycles to obey traffic regulations.
3. 321.256 through 321.260 -- traffic signs, signals and markings, including right or left turns on red.
4. 321.261 through 321.266 and 321.268 -- accidents and accident reporting.
5. 321.275 -- operation of motorcycles.
6. 321.277, 321.278 and 321.285 through 321.288, 321.290, 321.294, and 321.295 -- reckless driving, drag racing, speed, control of vehicle and minimum speed.
7. 321.297 through 321.310 -- driving on right, meeting, overtaking, following or towing.
8. 321.311 through 321.318 -- turning and starting, signals on turning and stopping.
9. 321.319 through 321.324 -- right of way and entering through highways.
10. 321.325 through 321.334 and 321.340 -- pedestrian rights and duties and safety zones.
11. 321.341 through 321.344 -- railroad crossings.
12. 321.353 through 321.360 -- stop at sidewalks, stopping, standing and parking.
13. 321.362 through 321.371 -- unattended vehicle, obstructing driver's view, crossing median, following fire apparatus, or crossing fire hose, and putting glass, etc. on streets.
14. 321.384 through 321.409, 321.415, 321.418 through 321.423 -- lighting equipment required and time of use. (Under the provisions of Section 321.395, motor vehicles parked where permitted by this Ordinance need not have parking lamps lighted if the vehicle is within one hundred sixty (160) feet of a City street light ahead and to the rear of the vehicle and the permitted speed on said street is twenty-five (25) miles per hour or less.)
15. 321.430 through 321.446, 321.449 and 321.450 -- brakes, horns, sirens, mufflers, wipers, mirrors, tires, windows, safety belts, and special markings for transporting explosives.
16. 321.452 through 321.463, 321.465 and 321.466 -- size, weight and load.

3-3-7 AUTHORITY TO INSTALL TRAFFIC-CONTROL DEVICES. The City Council shall cause to be placed and maintained traffic-control devices when and as required under this chapter or other Ordinances of this City to make effective their provisions, and may so cause to be placed and maintained such additional, emergency, or temporary traffic-control devices for the duration of an emergency or temporary condition as traffic conditions may require, to regulate traffic under the traffic Ordinances of this City or under State law or to guide or warn traffic. The Peace Officer shall keep a record of all traffic-control devices maintained by the department. All traffic-control devices shall comply with current standards established by the Manual of Uniform Traffic Control Devices for Streets and Highways. (Code of Iowa, Sec. 321.255 and 321.256)

3-3-8 COUNCIL TO DESIGNATE CROSSWALKS, ESTABLISH, AND MARK TRAFFIC LANES. The Peace Officer is hereby authorized:
1. To designate and maintain by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where, due to traffic conditions, there is particular danger to pedestrians crossing the street or roadway, and at such other places as traffic conditions require.
2. To mark lanes for traffic on street pavements at such places as traffic conditions require, consistent with the traffic Code of this City. Where traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of a lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement.

3-3-9 PLAY STREETS. The City Council has the authority to declare any street or part thereof a play street and to place appropriate signs or devices in the roadway indicating and helping to protect the same. Whenever authorized signs are erected indicating any street or part thereof as a play street, no person shall drive a vehicle upon the street or any portion thereof except drivers of vehicles having business or whose residences are within the closed area, and then the driver shall exercise the greatest care in driving upon the street or portion thereof.

3-3-10 CHANGING STATE SPEED LIMITS IN CERTAIN ZONES. It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by State law upon the following streets or portions thereof is greater or less than is necessary for the safe operation of vehicles thereon, and it is declared that the maximum speed limit upon these streets or portions thereof described shall be as follows:
1. Increased speed limit:
2. Lower speed limit: (Code of Iowa, Sec. 321.290)

3-3-11 TURNING MARKERS, BUTTONS AND SIGNS. The Peace Officer may cause markers, buttons, or signs to be placed within or adjacent to intersections, and thereby require and direct, as traffic conditions require, that a different course from that specified by the State law be traveled by vehicles turning at intersections, and when markers, buttons, or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by the markers, buttons, or signs, including right-hand turns at intersections with automatic traffic signals. (Code of Iowa, Sec. 321.311)

3-3-12 AUTHORITY TO PLACE RESTRICTED TURN SIGNS. The Peace Officer is authorized to determine those intersections, as traffic conditions require, at which the drivers of vehicles shall not make a right or left turn. The making of turns may be prohibited between certain hours of any day, in which event the same shall be plainly indicated on signs.

3-3-13 OBEDIENCE TO NO-TURN SIGNS. Whenever authorized signs are erected indicating that no right or left turn is permitted, no driver of a vehicle shall disobey the directions of any such signs.

3-3-14 "U" TURNS. It shall be unlawful for a driver to make a "U" turn except at an intersection. "U" turns are prohibited at intersections within the business district and at intersections where there are automatic traffic signals.

3-3-15 AUTHORITY TO DESIGNATE ONE-WAY STREETS AND ALLEYS. Whenever any traffic Code of this City designates any one-way street or alley the Peace Officer shall cause to be placed and maintained signs giving notice thereof and the regulation shall not be effective unless the signs are in place. Signs indicating the direction of traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. It shall be unlawful for any person to operate any vehicle in violation of markings, signs, barriers or other devices placed in accordance with this section.

3-3-16 ONE-WAY STREETS AND ALLEYS. Upon the following streets and alleys vehicular traffic shall move only in the indicated direction:

3-3-17 AUTHORITY TO RESTRICT DIRECTION OF MOVEMENT ON STREETS DURING CERTAIN PERIODS. The Peace Officer is authorized to determine and recommend to the Council certain streets, or specified lanes thereon, upon which vehicular traffic shall proceed in one direction during one period and the opposite direction during another period of the day and shall, upon authority given by Ordinance, place and maintain appropriate markings, signs, barriers, or other devices to give notice thereof. The Peace Officer may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the roadway. It shall be unlawful for any person to operate any vehicle in violation of markings, signs, barriers, or other devices placed in accordance with this section. The following streets may have variable laning or direction of traffic at different times of day as marked by authorized signs under the provisions of this section:

3-3-18 THROUGH HIGHWAYS. Streets or portions of streets described below are declared to be through highways: (Code of Iowa, Sec. 321.245 and 321.350)

3-3-19 AUTHORITY TO ERECT STOP SIGNS. Whenever any Ordinance of this City designates and describes a through highway it shall be the duty of the County Engineer to cause to be placed and maintained a stop sign on each and every street intersecting through highway except as modified in the case of intersecting through highways.

3-3-20 STOPS AT INTERSECTING THROUGH HIGHWAYS AND OTHER INTERSECTIONS. At the intersections of through highways and at intersections upon streets other than through highways, where, because of heavy cross-traffic or other traffic conditions, particular hazard exists, the County Engineer is hereby authorized to determine whether vehicles shall stop or yield at one or more entrances to the intersection and shall present recommendations to the Council, and, upon approval of the Council, shall erect an appropriate sign at every place where a stop or yield is required.

3-3-21 STOP WHEN TRAFFIC IS OBSTRUCTED. Notwithstanding any traffic-control signal indication to proceed, no driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle.

3-3-22 SCHOOL STOPS. When a vehicle approaches an authorized school stop, the driver shall bring the vehicle to a full stop at a point ten feet from the approach side of the crosswalk marked by an authorized school stop sign, and thereafter proceed in a careful and prudent manner until the driver shall have passed such school site.

3-3-23 PROHIBITED CROSSING. Pedestrians crossing a street in the business district shall cross in the crosswalks only. (Code of Iowa, Sec. 321.327)

3-3-24 PEDESTRIANS ON LEFT. Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. Where sidewalks are not provided pedestrians at all times when walking on or along a roadway, shall walk on the left side of the roadway. (Code of Iowa, Sec. 321.326)

3-3-25 STANDING OR PARKING CLOSE TO CURB. No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the right-hand wheels of the vehicle within eighteen inches of the curb or edge of the roadway except as provided in the case of angle parking and vehicles parked on the left-hand side of one-way streets. (Code of Iowa, Sec. 321.361)

3-3-26 STANDING OR PARKING ON THE LEFT-HAND SIDE OF ONE-WAY STREETS. No person shall stand or park a vehicle on the left-hand side of a one-way street other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the left-hand wheels of the vehicle within eighteen inches of the curb or edge of the roadway except as provided in the case of angle parking. (Code of Iowa, Sec. 321.361)

3-3-27 SIGNS OR MARKINGS INDICATING ANGLE PARKING. The Peace Officer, as traffic conditions require, shall determine upon what streets angle parking shall be permitted and shall mark or sign the streets or portions thereof indicating the method of angle parking. The determination shall be subject to approval by Council resolution. (Code of Iowa, Sec. 321.361)

3-3-28 OBEDIENCE TO ANGLE PARKING SIGNS OR MARKINGS. Upon those streets or portions of streets that have been signed or marked for angle parking, no person shall park or stand a vehicle other than at an angle to the curb or edge of the roadway or in the center of the roadway as indicated by the signs and markings.

3-3-29 STOPPING, STANDING, OR PARKING PROHIBITED IN SPECIFIED PLACES. No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places: (Code of Iowa, Sec. 321.358)
1. On a sidewalk.
2. In front of a public or private driveway.
3. Within an intersection.
4. Within five (5) feet of either side of the point on the curb nearest to a fire hydrant.
5. On a crosswalk.
6. Within ten (10) feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of the roadway.
7. Within fifty (50) feet of the nearest rail of a railroad crossing, except when parked parallel with such rail and not exhibiting a red light.
8. Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance when properly signposted.
9. Alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic.
10. On the roadway side of any vehicle stopped or parked at the edge or curb of street.
11. Opposite the entrance to a garage or driveway in such a manner or under such conditions as to leave available less than twenty (20) feet of the width of the roadway for the free movement of vehicular traffic.
12. Upon any street or in any alley in any part of the City in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway of such street or alley for the free movement of vehicular traffic, except when necessary in obedience to traffic regulations or traffic signs, or signals of a police officer.
13. At any place where official signs or curb markings prohibit stopping, standing or parking.
14. Within ten (10) feet of the crosswalk at all intersections within the City. 15. In an alley under any fire escape at any time.

3-3-30 AUTHORITY TO PAINT CURBS AND ERECT SIGNS PROHIBITING STANDING OR PARKING. When, because of restricted visibility or when standing or parked vehicles constitute a hazard to moving traffic, or when other traffic conditions require, the Council may cause curbings to be painted with a yellow or orange color and erect "no parking" or "standing" signs. It shall be unlawful for the operator of any vehicle to stand or park a vehicle in an area so painted or sign-posted. It shall be unlawful for any person, other than after having first secured the permission of the Peace Officer, to paint any curbing, sidewalk or street with yellow or orange colored paint or to erect "no parking" signs. (Code of Iowa, Sec. 321.358(10))

3-3-31 AUTHORITY TO IMPOUND VEHICLES. Members of the police department are authorized to remove, or cause to be removed, a vehicle from a street, public alley, or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the police department, or otherwise maintained by the City, under the following circumstances:
1. When a vehicle is upon a roadway and is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal.
2. When any vehicle is left unattended upon a street and constitutes a definite hazard or obstruction to the normal movement of traffic.
3. When any vehicle is left parked upon a street for a continuous period of seventy-two hours or more. A diligent effort shall first be made to locate the owner. If the owner is found, the owner shall be given the opportunity to remove the vehicle.
4. When any vehicle is left parked in violation of a ban on parking during a snow emergency as proclaimed by the Mayor. In addition to the penalties hereinafter provided, the owner or driver of any vehicle impounded for violation of any of the provisions of this chapter shall be required to pay the reasonable cost of towing charges and storage.

3-3-32 PARKING SIGNS REQUIRED. Whenever by this or any other chapter of this City Code any parking time limit is imposed or parking is prohibited on designated streets or portions of streets it shall be the duty of the Peace Officer to erect appropriate signs giving notice thereof and the regulations shall not be effective unless signs are erected and in place at the time of any alleged offense. When signs are erected giving notice thereof, no person shall disobey the restrictions stated on such signs. (Code of Iowa, Sec. 321.236)

3-3-33 PARKING DURING SNOW EMERGENCY. No person shall park, abandon, or leave unattended any vehicle on any public street, alley, or City-owned off-street parking area during any snow emergency proclaimed by the Mayor unless the snow has been removed or plowed from said street, alley or parking area and the snow has ceased to fall. A snow emergency parking ban shall continue from its proclamation through the duration of the snow or ice storm and the forty-eight hour period after cessation of the storm except as above provided upon streets which have been fully opened. The ban shall be of uniform application and the Peace Officer is directed to publicize the requirements widely, using all available news media, in early November each year. When predictions or occurrences indicate the need, the Mayor shall proclaim a snow emergency and the Peace Officer shall inform the news media to publicize the proclamation and the parking rules under the emergency. Such emergency may be extended or shortened when conditions warrant. (Code of Iowa, Sec. 321.236)

3-3-34 ALL-NIGHT PARKING PROHIBITED. No person, except physicians or other persons on emergency calls, shall park a vehicle on any street marked to prohibit all night parking and giving notice thereof, for a period of time longer than thirty minutes between the hours of 2 a.m. and 5 a.m. of any day.

3-3-35 TRUCK PARKING LIMITED. Trucks weighing five tons or more, loaded or empty, shall not be parked at the following locations on the streets named: No person shall park a vehicle on any of the following names streets for a period of time longer than thirty (30) minutes between the hours of two (2) o'clock AM and five (5) o'clock AM of any day. (Reserved) Business District: Excepting only when such vehicles are actually engaged in the delivery or receiving of merchandise or cargo no person shall park or leave unattended such vehicle on any of the streets designated herein.

3-3-36 VEHICLES NOT TO BE DRIVEN ON SIDEWALKS. The driver of a vehicle shall not drive upon or within any sidewalk area.

3-3-37 CLINGING TO VEHICLES. No person shall drive a motor vehicle on the streets of this City unless all passengers of the vehicle are inside the vehicle in the place intended for their accommodation. No person shall ride on the running board of a motor vehicle or in any other place not customarily used for carrying passengers. No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.

3-3-38 PARKING FOR CERTAIN PURPOSES PROHIBITED. No person shall park a vehicle upon the roadway for the principal purpose of:
1. Displaying such vehicle for sale.
2. Displaying advertising.
3. Selling merchandise from the vehicle except in a duly established market place or when so authorized or licensed under the Ordinances of this City.
4. Storage or as junk or dead storage for more than forty-eight hours.

3-3-39 DRIVING THROUGH FUNERAL OR OTHER PROCESSION. No driver of any vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when the vehicles are conspicuously designated as required in this chapter. This provision shall not apply at intersections where traffic is controlled by traffic-control signals or police officers.

3-3-40 DRIVERS IN A PROCESSION. Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practical and shall follow the vehicle ahead as closely as is practical and safe.

3-3-41 FUNERAL PROCESSIONS TO BE IDENTIFIED. A funeral procession composed of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the police department.

3-3-42 LOAD RESTRICTIONS UPON VEHICLES USING CERTAIN STREETS. When signs, by Ordinance of the City of Rock Falls, are erected giving notice thereof, no person shall operate any vehicle with a gross weight in excess of the amounts specified on the signs at any time upon any of the streets or parts of streets as designated by the County Engineer.

3-3-43 TRUCK ROUTES.
1. Every motor vehicle weighing five tons or more, when loaded or empty, having no fixed terminal within the City or making no schedule or definite stops within the City for the purpose of loading or unloading, shall travel over or upon the following streets within the City and none other:
2. Any motor vehicle weighing five tons or more, when loaded or empty, having a fixed terminal, making a scheduled or definite stop within the City for the purpose of loading or unloading, shall proceed over or upon the designated routes set out in this section to the nearest point of its scheduled or definite stop and shall proceed thereto, load or unload and return, by the most direct route to its point of departure from the designated route.
3. The owner, or any other person, employing or otherwise directing the driver of any vehicle shall not require or knowingly permit the operation of such vehicle upon a street in any manner contrary to this section.

3-3-44 TRAFFIC CODE APPLIES TO PERSONS RIDING BICYCLES. Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to drivers of vehicles by the laws of this State regarding rules of the road applicable to vehicles or by the traffic Ordinances of this City applicable to drivers of vehicles, except as to those provisions which by their nature can have no application. Whenever a person dismounts from a bicycle such person shall be subject to all regulations applicable to pedestrians.

3-3-45 RIDING ON BICYCLES. A person propelling a bicycle shall not ride other than astride a permanent and regular seat. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

3-3-46 RIDING ON ROADWAYS AND BICYCLE PATHS. Every person operating a bicycle upon a roadway shall ride as near to the right-hand side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.

3-3-47 SPEED. No person shall operate a bicycle at a speed greater than is reasonable and prudent under existing conditions.

3-3-48 EMERGING FROM ALLEY OR DRIVEWAY. The operators of a bicycle emerging from an alley, driveway, or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right of way to all pedestrians approaching on the sidewalk or sidewalk area, and upon entering the roadway shall yield the right of way to all vehicles approaching on said roadway.

3-3-49 CARRYING ARTICLES. No person operating a bicycle shall carry any package, bundle, or article which prevents the rider from keeping at least one hand upon the handle bars.

3-3-50 PARKING. Bicycles shall be parked upon the roadway of a street against the curb, or upon the sidewalk in a rack to support bicycles, or against a building, or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic.

3-3-51 RIDING ON SIDEWALKS. No person shall ride a bicycle on a sidewalk within a business district. When signs are erected on a sidewalk or roadway prohibiting the riding of bicycles on the sidewalk or roadway, no person shall disobey such signs. Whenever a person is riding a bicycle upon a sidewalk, the person shall yield the right of way to any pedestrian and shall give a timely audible signal before overtaking and passing a pedestrian.

3-3-52 LAMPS AND OTHER EQUIPMENT ON BICYCLES. Every bicycle when in use at nighttime shall be equipped with a lamp on the front that emits a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type that is visible from all distances from fifty feet to 300 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector. Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement.

3-3-53 TOWING. It shall be unlawful for any person riding a bicycle to be towed or to tow any other vehicle upon the streets of the City.

3-3-54 FOLLOWING A FIRE TRUCK. No person riding a bicycle shall follow a fire truck or other fire equipment at any time.

3-3-55 IMPROPER RIDING. No person shall ride a bicycle in an irregular or reckless manner such as zigzagging, stunting, speeding or other wise so as to disregard the safety of the operator or others.

3-3-56 SPECIAL PENALTY Any person violating he provisions of this article may, in lieu of the standard penalty provided for violations of the City Code, suffer his bicycle to be impounded by the City for not less than five (5) days for the first offense, ten (10) days for the second offense and thirty (30) days for a third offense.

3-3-57 SNOWMOBILE DEFINITIONS.
1. "Snowmobile" means a self-propelled vehicle designed for travel on snow or ice in a natural terrain steered by wheels, skis or runners.
2. "Operate" means to control the operation of a snowmobile.
3. "Operator" means a person who operates or is in actual control of a snowmobile.

3-3-58 PERMITTED AREAS OF OPERATION. Snowmobiles will be allowed to operate in the City as follows:
1. Unplowed Streets. Snowmobiles may be operated upon streets which have not been plowed during the snow season.
2. Other Streets. Snowmobiles may not be operated on any other street within the City except for the purpose of the most direct ingress to and egress from the City.
3. Sidewalk or Parking. No snowmobiles 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 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. 4. Speed. The maximum speed of travel upon any public street or alley shall not be in excess of fifteen miles per hour.
5. Intoxicated. No person shall operate a snowmobile while under the influence of intoxicating liquor, or narcotics, or habit-forming drugs. The route established herein shall be the only permitted snowmobile route and the snowmobiles shall be operated within the roadways of said public streets and shall also be subject to the following regulations.

3-3-59 REGULATIONS. It shall be unlawful for any person to operate a snowmobile under the following circumstances:
1. On private property of another without the express permission to do so by the owner or occupant of said property. 2. On public school grounds, park property, playgrounds, recreational areas and golf courses without express permission to do so by the proper public authority.
3. In a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.
4. In a careless, reckless or negligent manner so as to endanger the safety of any person or property of any other person.
5. Without having such snowmobile registered as provided for by Iowa Statute except that this provision shall not apply to the operation of a snowmobile on the private property of the owner by the owner or a member of his immediate family.
6. Within the right-of-way of any public street or alley within the City unless the operator shall have a valid driver's license; or an instruction permit and accompanied by a qualified licensed driver.
7. No person shall operate a snowmobile in the City from midnight (12:00 P.M.) to seven o'clock (7:00)A.M., except for the purpose of loading and unloading a snowmobile from another vehicle or trailer.

3-3-60 EQUIPMENT REQUIRED. All snowmobiles operated within the City shall have the following equipment:
1. Mufflers which are properly attached and which reduce the noise of operation of the vehicle to the minimum noise necessary for operating the vehicle and no person shall use a muffler cut-out, by-pass or similar device on said vehicle. 2. Adequate brakes in good condition and at least one headlight and one taillight.
3. A safety or so-called "dead-man" throttle in operating condition; a safety or "dead-man" throttle is defined as a device which when pressure is removed from the accelerator or throttle causes the motor to be disengaged from the driving track.
4. Lights. No person shall operate a snowmobile without a lighted headlight and taillight from sunset to sunrise and at such other times when conditions provide insufficient lighting to render clearly discernable persons and vehicles at a distance of five hundred (500) feet ahead.
5. Flag. No snowmobile shall be operated upon a street without displaying a flag with an area of not less than six (6) by nine (9) inches of flourescent orange color on a staff holder to put such flag at least five (5) feet above the surface of the street.
6. Direct Crossing. A snowmobile may make a direct crossing of a street or highway provided.
a. The crossing is made at an angle of approximately ninety (90) degrees to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing; and
b. The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the street or highway;
c. The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard; and d. In crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highway.
7. Minors twelve (12) to sixteen (16) years of age. A snowmobile shall not be operated on or across a public highway by a person under sixteen years of age who does not have in the person's possession a safety certificate issued to the person pursuant to Chapter 321G of the Code of Iowa. Any person twelve to fifteen years of age and possessing a valid safety certificate must be accompanied by and under the direct supervision of a responsible person of at least eighteen years of age who is experienced in snowmobile operation and who possesses a valid operator's license or chauffeur's license, instruction permit restricted license or temporary permit issued under Chapter 321 of the Code of Iowa or a safety certificate issued under Chapter 321G of the Code of Iowa.
8. Minors Under Twelve Years of Age. No owner or operator of any snowmobile shall permit any person under twelve years of age to operate nor shall any person less than twelve years of age to operate the snowmobile except when accompanied on the same snowmobile by a responsible person of at least eighteen years of age who is experienced in snowmobile operation and who possesses a valid operator's license, or temporary permit issued under Chapter 321 of the Code of Iowa or a safety certificate issued under Chapter 321G of the Code of Iowa.
9. Single File. Snowmobiles shall be driven in a single file manner in the proper lane of traffic as close to the curb or edge or roadway as is possible under existing conditions.
10. Towing. No item shall be towed by a snowmobile unless coupled to said snowmobile by a rigid tow bar.
11. Nursery. No snowmobile shall be operated in any tree nursery or planting in a manner which damages or destroys growing stock.
12. Railroad Right-of-Way. No snowmobile shall be operated upon a railroad right-of-way except as provided by state law.
13. Prohibited Use. Snowmobiles shall not be operated upon any City street during the period from April 1st to September 30th of each year.

3-3-61 UNATTENDED VEHICLES. It is unlawful for the owner or operator to leave or allow a snowmobile to be or remain unattended on public property while the motor is running or the key left in the ignition.

3-3-62 RESTRICTION OF OPERATION. The City Council may, by resolution, prohibit the operation of snowmobiles within the right-of-way of the public roads, streets or alley or other City property within the City when the public safety and welfare so requires.

3-3-63 TRAFFIC REGULATION. Each person operating a snowmobile shall strictly observe all traffic signs and signals and all other traffic rules and regulations applicable thereto, and shall obey the orders and directions of any police officer of the City authorized to direct or regulate traffic.

3-3-64 CITATION PLACED ON ILLEGALLY PARKED VEHICLE. Whenever any motor vehicle without a driver is found parked or stopped in violation of any of the restrictions imposed by any Ordinance of this City or State law, the officer finding such vehicle shall prepare a written parking citation giving the registration number, and other identifying information to such vehicle in a conspicuous place and directing the driver of the vehicle to appear at the place designated in the citation within seven days, or to pay the local scheduled fine established by the section titled "LOCAL PARKING FINES" in this chapter at the City Clerk's office as provided therein.

3-3-65 PRESUMPTION IN REFERENCE TO ILLEGAL PARKING. In any prosecution charging a violation of any parking Ordinance or State law governing the standing, stopping, or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any such Ordinance or law, together with proof that the defendant named in the complaint was at the time of such parking violation the registered owner of such vehicle, shall constitute prima facie evidence that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which such violation occurred.

3-3-66 LOCAL PARKING FINES. Scheduled fines as follows are established, payable by mail or in person at the City Clerk's office within seven days of the violation, for the following parking violations:
1. Overtime parking $ 5.00
2. Prohibited parking $ 5.00
3. No parking zone $ 5.00
4. Blocking alley $ 5.00
5. Illegal parking $ 5.00
6. Street cleaning $ 5.00
7. Snow removal ban $ 5.00
8. Handicap parking $50.00 (Code of Iowa, Sec. 321L.4 Sub. 2)

3-3-67 FAILURE TO PAY PARKING CITATIONS. If a violator of the restrictions on stopping, standing, or parking under the parking Ordinances of this City or of State law fails to make payment of the scheduled fine as specified on a parking citation affixed to such motor vehicle within the seven days, the City shall send the owner of the motor vehicle to which the parking citation was affixed a letter informing the owner of the violation and warning that in the event such letter is disregarded for a period of five days from date of mailing, a court citation will be issued requiring a court appearance and subjecting the violator to court costs.

3-3-68 PARADES REGULATED. No person, group or corporation shall conduct or cause any parade on any street except as provided herein:
1. "Parade" Defined. Parade shall mean any march, procession or gathering of persons or vehicles organized for marching, moving or gathering in an organized fashion or manner or any march, procession or gathering of persons or vehicles represented or advertised generally to the public as a parade or display conducted on public property or right-of-ways.
2. Permit Required. No parade shall be conducted without first having obtained a written permit from the mayor or marshal or peace officer. Such permit shall state the time and date for the parade and a description of the parade route including all streets, intersections and gathering points for participants. Such written permit granted to the person, group or corporation 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. The fee for such permit can be found on the Schedule of Fees held in the office of the city clerk.
3. Parade Not a Street Obstruction. Any parade for which a permit shall have been issued as herein required, and the persons lawfully participating therein, shall not be deemed an obstruction of the streets not withstanding the provisions of any other ordinance or law to the contrary.
4. Control by Police and Firemen. Persons participating in any parade shall at all times be subject to the lawful orders and directions given in the performance and discharge of their duties as members of the police and fire departments.

3-4-1 DEFINITIONS. For use in this chapter, the following terms are defined as follows:
1. The term "railroad train" shall mean any steam, electric or other motor driven engine and the cars, if any, coupled to the engine operated on rails, but does not include interurbans and street cars. (Code of Iowa, Sec. 321.1(58))
2. The term "operator" shall mean any individual, partnership, corporation or other association that owns, operates, drives or controls a railroad train.

3-4-2 WARNING SIGNALS. Operators shall sound a bell at least 1,000 feet before a street crossing is reached and shall ring the bell continuously until the crossing is passed. Operators also shall sound a whistle at least 1,000 feet before reaching every intersection of the track and street, sidewalk, alley or similar public crossing within the City limits, unless such crossing is protected by a mechanical warning device or flagman as required under Section 3-4-5 of this chapter. (Code of Iowa, Sec. 327G.13)

3-4-3 STREET CROSSING SIGNS AND DEVICES. Operators shall erect and maintain nonmechanical warning signs on both sides of the tracks at each intersection of the tracks and a street, sidewalk, alley or similar public crossing within the City limits, except where some mechanical sign, signal, device, or gate or flagman is required by resolution of the Council. Such non-mechanical signs shall be of a height and size, and utilize such lettering as to give adequate warning of such crossing. Whenever the City Council shall deem it necessary for the safety and convenience of the public that some mechanical sign, signal, device or gate should be erected and maintained, flagman stationed at any street or other public crossing, the City Council, by resolution, shall order and direct the railroad company or companies concerned to erect and maintain such sign, signal, device, or gate or to station a flagman at such crossing at the expense of such company or companies. Any required flagman shall be stationed at such crossing during the periods of time of each day that the City Council shall designate. The resolution shall specify the street or other public crossing at which the sign, signal, device or gate shall be erected or flagman stationed. After the resolution has been adopted, a copy shall be served the railroad company or companies with a notice of the time limit for compliance. In complying, Chapter 327G of the Code of Iowa shall prevail. (Code of Iowa, Sec. 327G.15)

3-4-4 STREET CROSSING OBSTRUCTIONS. A railroad corporation or its employees shall not operate a train in such a manner as to prevent vehicular use of a highway, street, or alley for a period of time in excess of ten minutes except in any of the following circumstances: (Code of Iowa, Sec. 327G.32)
1. When necessary to comply with signals affecting the safety of the movement of trains.
2. When necessary to avoid striking an object or person on the track.
3. When the train is disabled.
4. When necessary to comply with governmental safety regulations including, but not limited to, speed Ordinances and speed regulations. An employee is not guilty of a violation 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.

3-4-5 MAINTENANCE OF CROSSINGS. Operators shall construct and maintain good, sufficient and safe crossings over any street traversed by their rails. (Code of Iowa, Sec. 327G.15)

3-4-6 FLYING SWITCHES. No operator shall cause any railroad car or cars, unattached to any engine, to be propelled across any intersection of the tracks and a street, alley, sidewalk or similar public crossing, for the purpose of making a flying switch unless some employee of the railroad shall be stationed at the intersection to give warning of such car's or cars' approach.

3-5-1 ESTABLISHMENT AND PURPOSE. A volunteer fire department is hereby established to prevent and extinguish fires and to protect lives and property against fires, to promote fire prevention and fire safety, and to answer all emergency calls for which there is no other established agency. (Code of Iowa, Sec. 364.16)

3-5-2 VOLUNTEER FIRE FIGHTERS. _______ residents of Rock Falls, Iowa, at least age eighteen (18) shall be appointed to serve as a volunteer fire fighter. Prior to appointment as a volunteer fire fighter and every four years thereafter a volunteer fire fighter must pass a medical physical examination. (Code of Iowa, Sec. 362.10)

3-5-3 FIRE PROTECTION SERVICES. The City of Rock Falls shall pay a sum to the City of Plymouth for the provision of Plymouth volunteer fire fighter services in the event of a fire or other such emergency in which the volunteer fire fighters shall serve.

3-5-4 FIRE FIGHTER'S DUTIES. When called by the Chief, all fire fighters shall report for duty immediately in the manner directed by the Chief. They shall be subject to call at any time. They shall obey strictly the commands of any other fire fighter who has been appointed by the Chief to be in command temporarily. Fire fighters shall report for training as ordered by the Chief. (Code of Iowa, Sec. 372.13(4))

3-5-5 WORKER'S COMPENSATION AND HOSPITALIZATION INSURANCE. The City 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. All volunteer fire fighters shall be covered by the contract.

3-5-6 LIABILITY INSURANCE. The City 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.

3-5-7 FIRES OUTSIDE CITY LIMITS. The department shall answer calls to fires and other emergencies outside the City limits if the Fire Chief determines that such emergency exists and that such action will not endanger persons and property within the City limits. (Code of Iowa, Sec. 364.16)

3-6-1 PREAMBLE. The City of Rock Falls recognizes that all citizens including minors have certain inalienable rights and that among them are the rights of liberty and the pursuit of happiness. Further, all citizens including minors have the right to freedom of religion, freedom of speech, freedom of assembly, and of association. This section should be interpreted to avoid any construction that would result in the appearance of interference with the free exercise of religious worship and political association and this Ordinance shall not be construed to mean that the City intends to interfere with a minor's freedom of association for political, economic, religious, or cultural matters or association for purposes such as marches, demonstrations, picketing, or prayer vigils which are otherwise lawful and peaceful assemblies. (Code of Iowa, Sec. 364.1)

3-6-2 FINDINGS AND PURPOSE. The City Council has determined that there has been an increase in juvenile violence and crime by persons under the age of 17 in the City of Rock Falls; and Persons under the age of 17 are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime; and The City of Rock Falls has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over and responsibility for children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities.

3-6-3 DEFINITIONS. In this chapter:
1. Curfew hours means 12:01 a.m. until 5:00 a.m.
2. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
3. Establishment means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
4. Guardian means:
a. A person who, under court order, is the guardian of the person of a minor; or
b. A public or private agency with whom a minor has been placed by a court.
5. Minor means any person under age 17 years of age.
6. Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
7. Parent means a person who is:
a. A biological parent, adoptive parent, or step-parent of another person; or
b. At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
8. Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
9. Remain means to:
a. Linger or stay; or
b. Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
10. Serious Bodily Injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss of impairment of the function of any bodily member or organ.

3-6-4 OFFENSES.
1. A minor commits an offense if the minor remains in any public place or on the premises of any establishment within the City during curfew hours.
2. A parent or guardian of a minor commits an offense if they knowingly permit, or by insufficient control allow, the minor to remain in any public place or on the premises of any establishment within the City during curfew hours.
3. The owner, operator, or any employee of an establishment commits an offense if they knowingly allow a minor to remain upon the premises of the establishment during curfew hours.

3-6-5 DEFENSES.
1. It is a defense to prosecution under this chapter that the minor was:
a. Accompanied by the minor's parent or guardian;
b. On an errand at the direction of the minor's parent or guardian, without any detour or stop;
c. In a motor vehicle involved in interstate travel;
d. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
e. Involved in an emergency;
f. On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;
g. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Rock Falls , a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Rock Falls , a civic organization, or another similar entity that takes responsibility for the minor;
h. Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
i. Married or had been married.
2. It is a defense to prosecution under Subsection 3-6-4(3) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

3-6-6 ENFORCEMENT.
1. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Section 3-6-5 is present.
2. A minor who is in violation of this Ordinance shall be reunited with the minor's parent or guardian or custodian or other adult taking the place of the parent or shall be taken home by the police officers of the City of Rock Falls .

3-6-7 MINORS IN BILLIARD ROOMS. It shall be unlawful for any person who keeps a billiard hall where beer is sold, or the agent, clerk, or employee of any such person, or any person having charge or control of any such hall, to permit any minor under eighteen (18) years of age to remain in such hall or to take part in any of the games known as billiards or pool or derivative thereof.

3-6-8 PENALTY, MUNICIPAL INFRACTION. The violation of this chapter shall be a municipal infraction with penalties not to exceed those contained in the City Code. "Editor's Note: The courts have carefully scrutinized curfew Ordinances and before enacting such an Ordinance, you should consult with your City Attorney. See Maquoketa v. Russell, 484 NW2d, 179 (Iowa 1992) and Quit v. Strauss, 8 F2d 260 (1993)."

3-7-1 PURPOSE. The purpose of this Chapter is to establish reasonable regulations and restrictions for the practices of peddlers, solicitors, and transient merchants involved with the sale of goods who may become a nuisance and/or endanger the safety and welfare of the residents of the City.

3-7-2 DEFINITIONS. For use in this chapter, the following terms are defined as follows:
1. A "peddler" is any person carrying or transporting 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. A "solicitor" is any person who solicits or attempts to solicit from house-to-house or upon public streets orders for commercial goods, wares, subscriptions, publications, periodicals, merchandise, or services to be delivered or fulfilled at a future date. For the purposes of this chapter, "solicitor" does not include a person who contacts another person at such person's residence without prior invitation to enlist support for or against, or solicit funds for patriotic, philanthropic, charitable, political, or religious purposes, whether or not there is an incidental purpose involving the sale of some goods or service.
3. A "transient merchant" includes every merchant, whether an individual person, a firm, corporation, partnership, or association, who brings or causes to be brought within the municipality any goods, wares, or merchandise of any kind, nature, or description, with the intention of temporarily or intermittently selling or offering to sell at retail such goods, wares, or merchandise. Temporary association with a local merchant, dealer, trader, or auctioneer, for conducting such transient business in connection with, as part of, or in the name of any local merchant, dealer, trader, or auctioneer, does not exempt any such person, firm, or corporation from being considered a transient merchant. The provisions of this chapter shall not be construed to apply to persons selling at wholesale to merchants, nor to persons running a huckster wagon, or selling or distributing livestock feeds, fresh meats, fish, fruit, or vegetables, nor to persons selling their own work or production either by themselves or their employees. Also, the provisions of this Chapter do not apply to those merchants who continuously engage in business at a permanent location for a period of more than sixty (60) days.

3-7-3 EXEMPTIONS. The provisions of this chapter shall not apply to nonprofit civic, charitable, religious, or educational groups engaged in retail sale for the purposes of fund raising, nor shall it apply to the following:
1. Newspaper delivery persons.
2. Local Club Members. Local clubs include the Scouts, Campfire organizations, Future Farmers of America, 4-H club members, and similar organizations within the community.
3. Students. Enrolled students of the city's school district conducting projects sponsored by organizations recognized by the school.
4. Farmers. Farmers who offer for sale products of their own raising.
5. Milk delivery services. Services which 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.

3-7-4 PERMITS. Before any person or organization engages in any of the practices defined herein, they must comply with all applicable Ordinances, and must also obtain from the City Clerk a permit in accordance with the provisions of sections 3-7-4 and 3-7-5. This permit shall extend no longer than sixty days. A fee of $5.00 shall be paid at the time of registration to cover the cost of investigation and issuance. (Code of Iowa, Sec. 9C.2)

3-7-5 REQUIREMENTS. Any applicant engaged in any activity described in 3-7-1 of this chapter must file with the City Clerk an application in writing that gives the following information:
1. Name and social security number.
2. Permanent and local addresses and, in case of transient merchants, the local address from which proposed sales will be made.
3. A brief description of the nature of the sales method.
4. Name and address of the firm for or on whose behalf the orders are solicited, or the supplier of the goods offered for sale.
5. Length of time for which the permit is desired.
6. A statement as to whether or not the applicant has been convicted of any crime, and if so, the date, the nature of the offense, and the name of the court imposing the penalty.
7. Motor vehicle make, model, year, color, and registration number, if a vehicle is to be used in the proposed solicitation.

3-7-6 HOURS OF SOLICITATION. No person may conduct those activities described in Section 3-7-1 except between the hours of 8:00 a.m. and 6:00 p.m. on each day, and no solicitation shall be done on Sundays or legal holidays.

3-7-7 CONSUMER PROTECTION LAW. All solicitors and peddlers shall be informed of, agree to comply with, and comply with the State law, Section 555A.3, Code of Iowa, requiring a notice of cancellation to be given in duplicate, properly filled out, to each buyer to whom such person sells a product or service and, comply with the other requirements of the law.

3-7-8 BOND REQUIRED. Before a permit under this chapter is issued, each person subject to this Ordinance shall post with the Clerk, a bond, by a surety company authorized to insure the fidelity of others in Iowa, in the amount of $1,000 to the effect that the registrant and the surety consent to the forfeiture of the principal sum of the bond or such part thereof as may be necessary: (1) to indemnify the City for any penalties or costs occasioned by the enforcement of this chapter, and (2) to make payment of any judgment rendered against the registrant as a result of a claim or litigation arising out of or in connection with the registrant's peddling or solicitation. The bond shall not be retired until one year from the expiration of the permit.

3-7-9 OBSTRUCTION OF PEDESTRIAN OR VEHICULAR TRAFFIC. No person, while engaged in any of the practices described in Section 3-7-1, shall block or obstruct the path of any pedestrian or vehicular traffic, or block or obstruct any way of ingress or egress to roads, buildings, or other enclosures or conveyances, including, but not limited to, vehicles, elevators, and escalators.

3-8-1 DEFINITIONS. For use in this chapter the following terms are defined as follows:
1. The term "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 shall not be construed to include cigars. (Code of Iowa, Sec. 453A.1(2))
2. The term "retailer" means and includes every person in this State who sells, distributes, or offers for sale for consumption, or possess for the purpose of sale for consumption, cigarettes irrespective of quality or amount or the number of sales. (Code of Iowa, Sec. 453A.1(19))
3. The term "place of business" means and includes any place where cigarettes are sold or where cigarettes are stored, within or without the State of Iowa, by the holder of an Iowa permit or kept for the purpose of sale or consumption; or if sold from any vehicle or train, the vehicle or train on which or from which such cigarettes are sold shall constitute a place of business. (Code of Iowa, Sec. 453A.1(17))

3-8-2 PERMIT REQUIRED. No retailer shall distribute, sell, or solicit the sale of any cigarettes within the City of Rock Falls , Iowa, without a valid permit for each place of business. The permit shall be displayed publicly in the place of business so that it can be seen easily by the public. (Code of Iowa, Sec. 453A.13)

3-8-3 ISSUANCE. The City Council shall issue or renew a permit, upon a determination that such issuance or renewal will not be detrimental to the public health, safety, or morals, when a retailer who is not a minor has filed with the City Clerk a completed application on forms provided by the State Department of Revenue and Finance and accompanied by the fee provided in Section 3-8-5. (Code of Iowa, Sec. 453A.13(2)(a))

3-8-4 EXPIRATION. Permits expire on June 30 of each year. (Code of Iowa, Sec. 453A.13(3))

3-8-5 FEES. All permits provided for in this division shall expire on June 30 of each year. A permit shall not be granted or issued until the applicant has paid for the period ending June 30 next, to the department or the city or county granting the permit, the fees provided for in this division. The annual state permit fee for a distributor, cigarette vendor, and wholesaler is one hundred dollars when the permit is grantee during the months of July, August, or September. However, whenever a state permit holder operates more than one place of business, a duplicate state permit shall be issued for each additional place of business on payment of five dollars for each duplicate state permit, but refunds as provided in this division do not apply to any duplicate permit issued. The fee for retail permits is as follows when the permit is granted during the months of July August, or September shall be a maximum of $75.00. If any permit is granted during the months of October, November or December, the fee shall be three-fourths of the above maximum schedule; if granted during the months of January, February or March, one-half of the maximum schedule, and if granted during the months of April, May, or June, one-fourth of the maximum schedule. (Code of Iowa, Sec. 453A.13(3))

3-8-6 REFUNDS.
a. An unrevoked permit for which the holder has paid the full annual fee may be surrendered during the first nine months of said year to the officer issuing it, and the city granting the permits shall make the refunds to the said holder as follows: 1. Three-fourths of the annual fee if the surrender is made during July, August, or September.
2. One-half of the annual fee if the surrender is made during October, November, or December.
3. One-fourth of the annual fee if the surrender is made during January, February, or March.
b. An unrevoked permit for which the holder has paid three-fourths of a full annual fee may be so surrendered during the first six months of the period covered by said payment and the said department, city or county shall make refunds to the holder as follows:
1. A sum equal to one-half of an annual fee if the surrender is made during October, November or December.
2. A sum equal to one-fourth of an annual fee if the surrender is made during January, February or March.
c. An unrevoked permit for which the holder has paid one-half of a full annual fee may be so surrendered during the first three months of the period covered by said payment, and the city, shall refund to the holder a sum equal to one-fourth of an annual fee. (Code of Iowa, Sec. 453A.13(4))

3-8-7 REVOCATION. The City Council, after notice and hearing, shall revoke a permit if the city finds the retailer has substantially violated the provisions of this chapter or chapter 453A, Code of Iowa. If grounds exist that would be sufficient for refusal to issue such a permit, it shall not be issued. The City Clerk shall give ten days written notice to the retailer by mailing a copy of the notice by certified mail to the place of business as it appears on the application for a permit. The notice shall state the reason for the contemplated revocation and the time and place at which the person may appear and be heard. The hearing shall be held at the regular meeting place of the City Council. Upon revocation, no new permit shall be issued to the retailer or for the place of business for one year from the date of revocation unless good cause to the contrary is shown to the City Council. (Code of Iowa, Sec. 453A.22)

3-8-8 PERMITS NOT TRANSFERABLE. A permit shall not be transferable to another place of business or retailer. However, if a retailer who holds a valid permit moves the place of business, the City Council, if it decides to issue a new permit for the new place of business, shall not charge any additional fee for the unexpired term of the original permit if the retailer has not received a refund for surrender of the original permit.

3-8-9 DISPLAY. The permit shall be displayed in the place of business so that it can be seen easily by the public.

3-9-1 PURPOSE. The purpose of this chapter is to provide for administration of licenses and permits and for local regulations and procedures for the conduct of the sale and consumption of beer, wine, and liquor, for the protection of the safety, health, and general welfare of this community. (Code of Iowa, Sec. 364.1)

3-9-2 REQUIRED OBEDIENCE TO PROVISIONS OF THIS CHAPTER AND STATE LAW. The following sections of the Iowa Code are hereby adopted by reference:
1. 123.2 and 123.3 General Prohibition and Definitions
2. 123.18 Favors From Licensee or Permittee
3. 123.22 State Monopoly
4. 123.30 Liquor Control Licenses - Classes
5. 123.31 Application Contents
6. 123.33 Records
7. 123.34 Expiration - License or Permit
8. 123.35 Simplified Renewal Procedure
9. 123.36 Liquor Fees - Sunday Sales
10. 123.38 Nature of Permit or License - Surrender - Transfer
11. 123.39 Suspension or Revocation of License or Permit - Civil Penalty
12. 123.40 Effect of Revocation
13. 123.44 Gifts of Liquors Prohibited
14. 123.46 Consumption in Public Places - Intoxication - Right to Chemical Test - Exoneration
15. 123.49 Miscellaneous Prohibitions
16. 123.50 Criminal and Civil Penalties
17. 123.51 Advertisements for Alcoholic Liquor, Wine or Beer
18. 123.52 Prohibited Sale
19. 123.90 Penalties Generally
20. 123.95 Premises Must Be Licensed - Exception as to Conventions and Social Gatherings
21. 123.122 through 123.145 Beer Provisions (Division II)
22. 123.150 Sunday Sales Before New Year's Day
23. 123.171 through 123.182 Wine Provisions (Division V)

3-9-3 ACTION BY COUNCIL. The City Council shall approve or disapprove the application. Action taken by the City Council shall be endorsed on the application. The application, fee, penal bond, and certificate of dram shop liability insurance (if applicable) shall be forwarded to the Iowa alcoholic beverages division for further action as provided by law. (Code of Iowa, Sec. 123.32(2))

3-9-4 TRANSFERS. The City Council may, in its discretion, authorize a licensee or permittee to transfer the license or permit from one location to another within the City, provided that the premises to which the transfer is to be made would have been eligible for a license or permit in the first instance and the transfer will not result in the violation of any law or Ordinance. An applicant for a transfer shall file with the application for transfer proof of dram shop liability insurance and penal bond covering the premises to which the license is to be transferred. (Code of Iowa, Sec. 123.38)

3-9-5 OPEN ALCOHOLIC BEVERAGE CONTAINERS. Code of Iowa, Section 123.28, second paragraph, is adopted by reference.

3-9-6 PERSONS UNDER THE AGE OF EIGHTEEN. No person shall sell, give or otherwise supply alcoholic liquor, wine, or beer to any person knowing or having reasonable cause to believe such person to be under the age of eighteen (18), and no person or persons under the age of eighteen (18) shall individually or jointly have alcoholic liquor, wine, or beer in such person's possession or control; except in the case of liquor, wine, or beer given or dispensed to a person under the age of eighteen (18) 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 such person by either a physician or dentist for medicinal purposes and except to the extent that a person under the age of eighteen (18) may handle alcoholic beverages and beer during the regular course of such person's employment by a liquor control licensee, wine, or beer permittee under State law. (Code of Iowa, Sec. 123.47)

3-9-7 PERSONS AGE EIGHTEEN, NINETEEN AND TWENTY. A person shall not sell, give, or otherwise supply alcoholic liquor, wine, or beer to any person knowing or having reasonable cause to believe that the person is age eighteen, nineteen or twenty. A person age eighteen, nineteen or twenty shall not purchase or possess alcoholic liquor, wine, or beer. However, a person age eighteen, nineteen or twenty may possess alcoholic liquor, wine, or beer given to the person within a private home with the knowledge, presence, and consent of the person's parent or guardian, or with the signed, written consent of the parent or guardian specifying the date and place for the consumption and displayed by the person upon demand, and a person age eighteen, nineteen or twenty may handle alcoholic liquor, wine, and beer during the course of the person's employment by a liquor control licensee, or wine or beer permittee. (Code of Iowa, Sec. 123.47A)

3-10-1 PURPOSE. The purpose of this chapter is to protect the health, safety, and welfare of the citizens and safety of property of this City by providing for removal of abandoned motor vehicles and the elimination of the open storage of abandoned and junk motor vehicles and machinery except in authorized places. (Code of Iowa, Sec. 3641.1)

3-10-2 DEFINITIONS. For the purpose of this chapter, the following terms are defined as follows:
1. "Abandoned vehicle" means any of the following:
a. A vehicle that has been left unattended on public property for more than forty-eight hours and lacks current registration plates or two or more wheels or other parts which render the vehicle totally inoperable; or
b. A vehicle that has remained illegally on public property for more than seventy-two hours; or
c. A vehicle that has been unlawfully parked on private property or has been placed on private property without the consent of the owner or person in control of the property for more than twenty-four hours; or
d. A vehicle that has been legally impounded by order of the Peace Officer and has not been reclaimed for a period of ten days; or
e. Any vehicle parked on the street determined by the Peace Officer to create a hazard to other vehicular traffic. (Code of Iowa, Sec. 321.89(1)(b))
2. "Private property" means any real property within the City which is not public property as defined in this section.
3. "Public property" means any public right-of-way open for the purposes of vehicular travel.
4. A "junk vehicle" means any unlicensed vehicle stored within the corporate limits of the City of Rock Falls , Iowa, and which has any one of the following characteristics:
a. Any vehicle with a broken or cracked windshield, or window or headlight or any other cracked or broken glass.
b. Any vehicle with a broken or loose fender, door or bumper or hood or door handle or window handle or steering wheel, trunk top or trunk handle or tail pipe.
c. Any vehicle which has become the habitat of rats, mice, or snakes, or any other vermin or insects.
d. Any vehicle which contains gasoline or any other flammable fuel.
e. Any motor vehicle if it lacks an engine or two or more wheels or other structural parts which render said motor vehicle totally inoperable.
f. Any other vehicle which, because of its defective or obsolete condition, in any other way constitutes a threat to the public health and safety. (Cedar Falls v. Flett 330 NW 2nd 251, 253, Iowa 1983)
5. "Vehicle" means every device in, upon, or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include without limitation a motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon, farm machinery, or any combination thereof.

3-10-3 REMOVAL OF ABANDONED VEHICLES.
1. The Peace Officer may, without prior notice or hearing, remove and impound any abandoned vehicle as defined in section 3-10-2 (1). The Peace Officer may hire other personnel, equipment, and facilities for the purpose of removing, preserving, storing, or disposing of abandoned vehicles.
2. The impoundment and storage of all vehicles pursuant to this chapter shall be in such areas or places designated by the City Council.
3. When a vehicle is taken into custody and impounded under the provisions of this chapter, the Peace Officer shall maintain a record of the vehicle, listing the color, year of manufacture, manufacturer's trade name, body style, vehicle identification number, and license plate and year displayed on the vehicle. The records shall include the date and hour of tow, location towed from, location towed to, person or firm doing the towing, reason for towing, and the name of the officer authorizing the tow. (Code of Iowa, Sec. 321.89(2))
4. Nothing in this chapter shall govern the procedures of any peace officer in taking into custody and impounding any vehicle to be used or proposed to be used as evidence in a criminal case involving crimes other than violations of this chapter.

3-10-4 NOTIFICATION OF OWNERS AND LIENHOLDERS.
1. When a vehicle is taken into custody under the provisions of this chapter or under any provisions of State law, the Peace Officer shall notify, within three days, by certified mail with five-days return receipt, the last known registered owner of the vehicle, all lienholders of record, and any other known claimant to the vehicle or to personal property found in the vehicle, addressed to their last known addresses of record, that the abandoned vehicle has been taken into custody. Notice shall be deemed given when mailed. The notice shall:
a. Describe the year, make, model, and serial number of the vehicle.
b. Describe the personal property found in the vehicle.
c. Describe the location of the facility where the vehicle is being held.
d. Inform the persons receiving notice:
(1) of their right to reclaim the vehicle and personal property within twenty-one days after the effective date of the notice;
(2) that the right can be exercised upon payment of all towing, preservation, notice, and storage charges resulting from placing the vehicle in custody;
(3) that failure of the owner or lienholders to exercise their right to reclaim the vehicle within the reclaiming period shall be deemed a waiver by the owner and all lienholders of all right, title, claim, and interest in the vehicle;
(4) that failure to reclaim the vehicle is deemed consent to the sale of the vehicle at a public auction or disposal of the vehicle to a demolisher.
e. State that any person claiming rightful possession of the vehicle or personal property who disputes the planned disposition of the vehicle or personal property by the Peace Officer or the assessment of fees and charges provided by this chapter may request a hearing to contest these matters in accordance with the provisions of Section 3-10-6.
f. State that a request for a hearing must be in writing and received by the department prior to the expiration of the twenty-one day reclaiming period.
g. State that in the event a hearing is requested immediate release of the vehicle may be obtained by posting a cash bond as required by Section 3-10-5. (Code of Iowa, Sec. 321.89(3)(a))
2. The owner or any person receiving notice may, by written request received by the Peace Officer prior to the expiration of the twenty-one day reclaiming period, obtain an additional fourteen days within which the vehicle may be reclaimed. (Code of Iowa, Sec. 321.89(3)(c))
3. Notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned shall be sufficient to meet the requirements of this chapter. The published notice may contain multiple listings of abandoned vehicles but shall be published within the same time requirements and shall contain the same information as prescribed for mailed notice in this section. Published notice shall be used if:
a. the identity of the last registered owner cannot be determined, or
b. the registration contains no address for the owner, or
c. it is impossible to determine with reasonable certainty the identity and address of all lienholders. (Code of Iowa, Sec. 321.89(3)(b))
4. If the persons receiving notice do not request a hearing or exercise their right to reclaim the vehicle or personal property within the reclaiming period, the owner of the vehicle or owners of the personal property shall no longer have any right, title, claim, or interest in or to the vehicle.
5. No court in any case in law or equity shall recognize any right, title, claim, or interest of the owner and lienholders after the twenty-one day reclaiming period. (Code of Iowa, Sec. 321.89(3))

3-10-5 IMPOUNDMENT FEES AND BOND.
1. Before the owner or other person lawfully entitled to possession of any vehicle that has been impounded under the provisions of this chapter or any other provision of law may recover such vehicle, such person shall present to the Peace Officer evidence of such person's identity and right to possession of the vehicle, shall sign a receipt for its return, and shall pay the costs of:
a. an impoundment fee
b. towing charges
c. preservation charges
d. storage charges e. notice charges (Code of Iowa, Sec. 321.89(3)(a))
2. The amount of the charges specified in a-e shall be set by the City Council. The notice charges shall be limited to the actual cost.
3. If a hearing is requested under Section 3-10-4 (1)(e), the owner or person lawfully entitled to possession of the vehicle shall be permitted to secure the immediate release of the vehicle upon posting a cash bond in an amount equal to the sum of:
a. the fees required by Section 3-10-5(1)
b. the amount of the fine or penalty for each violation for which there is an outstanding or otherwise unsettled traffic violation notice or warrant.

3-10-6 HEARING PROCEDURES.
1. The registered owner, any lienholder of record, or duly authorized agents thereof, may object to the legality of the impoundment or the assessment of fees and request a hearing thereon. No person shall be entitled to more than one hearing on each impoundment. Upon receipt of a timely objection to the impoundment, the objector shall be informed of the reason for the impoundment and a hearing shall be held, without unnecessary delay, before the City Council pursuant to 1-4-1 at seq. (Code of Iowa, Sec. 321.89(3))

3-10-7 AUCTION OR DISPOSAL OF ABANDONED VEHICLES. The Peace Officer shall follow the procedures in State law for the auction or disposal of abandoned vehicles. (Code of Iowa, Sec. 321.89(4))

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

3-10-9 NOTICE TO ABATE.
1. Whenever the Peace Officer shall find a junk vehicle placed or stored on private property within the City in violation of Section 3-10-8, the Peace Officer shall notify, by certified mail with five days' return receipt, the following persons:
a. the owner of the property.
b. the occupant of the property.
2. The notice to abate shall:
a. describe, to the extent possible, the year, make, model, and color of the vehicle.
b. describe the location of the vehicle.
c. state that the vehicle constitutes a nuisance under the provisions of this chapter.
d. state that the owner of the property shall remove or repair the said junk vehicle within ten days.

3-10-10 ABATEMENT BY MUNICIPALITY. If the person notified to abate a nuisance or condition neglects or fails to abate as directed, the City may perform the required action to abate, keeping an accurate account of the expense incurred. The itemized expense account shall be filed with the City Clerk who shall pay such expenses on behalf of the municipality. (Code of Iowa, Sec. 364.12(3)(h))

3-10-11 COLLECTION OF COST OF ABATEMENT. The Clerk shall mail a statement of the total expense incurred to the property owner who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within one month, the Clerk shall certify the costs to the County Auditor and the costs shall then be collected with, and in the same manner, as general property taxes. (Code of Iowa, Sec. 364.12(3)(h))

3-10-12 EXCEPTIONS. This chapter shall not apply to the following:
1. A vehicle in an enclosed building.
2. A vehicle on the premises of a business enterprise operated in a district properly zoned therefor, as authorized under the Zoning Ordinance or restricted residence district of this City, when necessary to the operation of said business enterprise.
3. A vehicle in an appropriate storage space or depository maintained in a lawful place and lawful manner by this City.

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

4-1-1 DEFINITIONS. For use in this chapter the following terms are defined as follows:
1. The term, "animal" shall m ean all living creatures not human.
2. The term "dogs" shall mean both male and female animals of the canine species whether altered or not.
3. The term "at large" shall mean any licensed or unlicensed dog found off the premises of the owner and not under the control of a competent person, restrained within a motor vehicle, housed in a veterinary hospital or kennel, on a leash or "at heel" beside a competent person and obedient to that person's command.
4. The term "owner" shall mean any person or persons, firm, association or corporation owning, keeping, sheltering or harboring a dog. (Code of Iowa, Sec. 351.2)
5. The term "licensed dog" shall mean any dog bearing a currently valid license under (Chapter 351, Code of Iowa.)

4-1-2 LICENSE. Every owner of a dog over the age of four (4) months shall procure a dog license from the City Clerk-Treasurer of Rock Falls on or before the first day of January of each year. The annual license fee shall be $_____ for each male dog, $_________ for each female dog, and $__________ for each spayed dog. The license will be listed with the City Clerk-Treasurer's Office. Upon payment of the license fee, the City Clerk-Treasurer shall issue to the owner a license which shall contain the name of the owner, the owner's place of residence and a description of the dog. The City Clerk-Treasurer shall keep a duplicate of each license issued as a public record. Upon issuance of the license, the City Clerk-Treasurer shall deliver to the owner a metal tag stamped with the number of the license and the year for which it is issued. The license tag shall be securely fastened to a collar or harness which shall be worn by the dog for which the license is issued. Any dog found running at large without the license tag attached to its collar or harness shall be deemed unlicensed. (Code of Iowa, Sec. 351)

4-1-3 IMMUNIZATION. All dogs six (6) months or older shall be vaccinated against rabies. Before issuance of the license the owner shall furnish a veterinarian's certificate showing that the dog for which the license is sought has been vaccinated, and that the vaccination does not expire within six (6) months from the effective date of the dog license. It shall be a violation of this Ordinance for any dog to not be vaccinated against rabies. A tag showing evidence of proper vaccination shall be worn by every dog when not confined. (Code of Iowa, Sec. 351.33 and 351.34)

4-1-4 AT LARGE PROHIBITED. No owner of any dog shall permit such dog to run at large, whether the dog be licensed or unlicensed. (Code of Iowa, Sec. 351.41) It shall be unlawful for any owner to allow cats, dogs, cattle, horses, swine, sheep or other similar animals or fowl to run at large within the corporate limits of the city.

4-1-5 ACTIONS OF DOGS CONSTITUTING A NUISANCE. It shall be unlawful for any person to permit a dog under such person's control or within such person's custody to commit a nuisance. A dog shall be considered a nuisance if it:
1. Damages, soils, defiles or defecates on private property other than the owner's or on public walks and recreation areas unless such waste is immediately removed and properly disposed of by the owner.
2. Causes unsanitary, dangerous or offensive conditions.
3. Causes a disturbance by excessive barking or other noisemaking or chases vehicles, or molests, attacks or interferes with persons or other domestic animals on public property. (Code of Iowa, Sec. 657.1)

4-1-6 IMPOUNDING.
1. Any unlicensed or unvaccinated dog found at large or any licensed dog found at large in violation of Sections 4-1-3 and 4-1-5 of this chapter shall be seized and impounded, or, at the discretion of the Mayor, the owner may be served a summons to appear before a proper court to answer charges made thereunder.
2. Owners of licensed dogs shall be notified within two (2) days that upon payment of impounding fees plus cost of food and care in a reasonable amount, the dog will be returned. If the impounded licensed dogs are not recovered by their owners within seven (7) days after notice, the dogs shall be disposed of in a humane manner as directed by the City Council. The cost of the impounding fee is established by the pound.
3. Impounded unlicensed dogs may be recovered by the owner, upon proper identification, by payment of the license fee, impounding fee and boarding costs, and the costs of vaccination if vaccination is required by Section 4-1-3. If such dogs are not claimed within seven (7) days after notice, they shall be disposed of in a humane manner as directed by the City Council. (Code of Iowa, Sec. 351.37)

4-1-7 VICIOUS DOGS. It shall be unlawful for any person to harbor or keep a vicious dog within the city. A dog is deemed to be vicious when it shall have attacked or bite persons shall exist and is known or ought reasonably to be known to the owner.

4-1-8 CRUELTY TO ANIMALS. No person shall impound or confine or cause to be impounded or confined, in any place, any animal, or fowl, or any dog or cat, and fail to supply such animal during confinement with a sufficient quantity of food and water, or shall torture, torment, deprive of necessary sustenance, mutilate, overdrive, overload, drive when overloaded, beat, or kill any such animal by any means which shall cause unjustified pain, distress, or suffering whether intentionally or negligently.

4-1-9 EXHIBITIONS AND FIGHTS. No person shall arrange, promote, or stage an exhibition at which any animal is tormented, or any fight between animals or between a person and an animal is tormented, or any fight between animals or between a person and an animal, or shall keep a place where such exhibitions and fights are staged for the entertainment of spectators.

4-1-10 INJURIES TO ANIMALS. No person, having no right to do so, shall maliciously kill, maim, or disfigure any animal of another, or maliciously administer poison to any such animal, or expose any poisonous substance with the intent that the same should be taken by any such animal.

4-1-11 BOTHERSOME ANIMALS. It shall be unlawful for a person to keep within the city such bothersome animals as cats, barking dogs, bees, cattle, horses, swine and sheep which tend to disrupt the peace and good order of the community.

4-1-12 KENNEL DOGS. Kennel dogs which are kept or raised solely for the bona fide purpose of sale and which are kept under constant restraint are not subject to the provisions of this article.

6-1-1 PURPOSE. The purpose of this chapter is to provide for municipal regulation of mobile homes and mobile home parks in furtherance of the public health, safety, morals and welfare.

6-1-2 DEFINITIONS. For use in this chapter the following terms are defined as follows:
1. "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; but shall also include any such vehicle with motive power not registered as a motor vehicle in Iowa. A "mobile home" is not built to a mandatory building code, contains no State or federal seals, and was built before June 15, 1976. (Code of Iowa, Sec. 435.1)
2. "Mobile home park" shall mean any site, lot, field or tract of land under common ownership upon which two or more occupied mobile homes, manufactured homes, modular homes or a combination of the homes are harbored, either free of charge or for revenue purposes, and shall include 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 shall not be construed to include mobile homes, buildings, tents or other institution, or company on their own premises and used exclusively to house their own labor or students. A mobile home park must be classified as to whether it is a residential mobile home park or a recreational mobile home park or both. The mobile home park Residential Landlord Tenant Act only applies to residential mobile home parks.
3. "Conversion to Real Property". For purposes of this chapter no mobile home shall be deemed to be converted to real property unless such conversion is done as authorized by Chapter 435 of the Code of Iowa, 1993.

6-1-3 PARK AREA OCCUPANCY. The buildings, cabins, and trailers in any mobile home park together with any non-accessory buildings already on the lot shall not occupy in the aggregate more than thirty (30) percent of the area of the lot.

6-1-4 ENLARGEMENT PERMIT. Any enlargement or extension to any existing route is camp or mobile home park, shall require application for a Zoning permit, and its approval, as if it were a new establishment. No permit shall be granted unless the existing facility is made to conform substantially with all the requirements for new construction for such an establishment.

6-1-5 TRAILERS PROHIBITED: EXCEPT. Except as provided herein, no person shall park or occupy any park or mobile home or trailer exceeding eight (8) feet in width on any premises in any district outside an approved mobile home park. The parking lot of an unoccupied trailer in an accessory building or in a yard other then the front yard shall be permitted in districts according to that districts' requirements, provided no living quarters shall be maintained or any business conducted in such trailer while so parked or stored. Side and front yard setbacks shall be maintained.

6-1-6 WHEELS NOT TO BE REMOVED. In any district, the wheels or any similar transporting devices of any mobile home or trailer or camp car, shall not be removed except for repairs; nor shall any trailer or camp car be other wise permanently fixed to the ground in a manner that would prevent removal of said trailer, camp car or mobile home, except in a mobile home park as regulated in this code, ordinance or law.

6-1-7 MOBILE HOME PARK PLANS. An application for the establishment of a mobile home park shall be filed with the designated city official and must be accompanied by a plat, drawn to scale and certified by a registered land surveyor, civil engineer or architect. Such drawings shall show that information which might be necessary and required by the city for the review process, including the following:
1. Lots. A complete layout of the mobile home park showing all lots and the number of square feet therein, together with the dimensions thereof.
2. Dimensions. Accurate dimensions and legal description of the proposed mobile home park boundary area.
3. Streets. All public streets and approaches and the access thereto, providing that each mobile home lot shall have direct access thereto. The minimum road width or interior park streets, curb to curb, shall be as follows for private streets: One-way street, parking on both sides - 24 feet. Two-way street, no parking on street - 24 feet. Two-way street, parking on one side - 27 feet. Two-way street, parking on both sides - 34 feet. Such streets shall be paved with either asphalt or concrete, and the curbing and gutter must be paved with concrete, according to the town specifications for residential streets and maintained in good condition, and lighted at night. All streets which will be dedicated or transferred to the city shall be constructed and maintained to those standards and specifications adopted by the city.
4. Utilities and Structures. The location of all electrical, gas, water, sanitary sewer, storm sewer provisions, lighting, washrooms, garbage and trash disposal and other buildings or structures contemplated to be used by such applicant in connection with such mobile home park or site thereof, shall be subject to the jurisdiction of the city.

6-1-8 ANCHORING TRAILERS. All trailers shall be anchored to the ground by anchor bolts of standard acceptance to the city.

6-1-9 SKIRTING REQUIRED. The area from the bottom of the trailer to the ground shall be enclosed by shirts or framing in such manner that no areas are left open or exposed beneath the trailer at any given time.

6-1-10 PARKING. All areas used for automobile access and parking shall comply with the applicable provisions of this ordinance, provided that there shall be at least two, (2) off-street parking spaces for each trailer lot, said spaces to be constructed of asphalt or concrete, with dimensions of twenty-four (24) feet by twenty-six (26) feet.

6-1-11 EMERGENCY AND TEMPORARY PARKING. Emergency or temporary parking of mobile homes upon the streets, alleys, or highways, or any other public or private place for a period not in excess of seven days shall not constitute a violation of 6-1-2, but such parking shall be subject to any prohibitions or regulations contained in other Ordinances of this City.

6-1-12 TRAFFIC CODE APPLICABLE. The owner of a mobile home park may elect to have City traffic provisions of the City Code apply to real property in the mobile home park and any person located on the real property. The owner of a mobile home park may waive this right by filing a waiver with the County Recorder.

6-1-13 LANDSCAPING AND BUFFERING REQUIRED. The mobile home park shall be buffered from adjoining property through either the construction of at least a six (6) feet high wooden privacy type fence, constructed and maintained so as to provide a complete and impenetrable barrier, or landscaping materials may be utilized so as to create a year round screen or buffer from adjoining properties. Such a living screen shall utilize a variety of materials in order to provide an impenetrable screen during all seasons. Also, interior lots or buildings or facilities which are not utilized or which create an eyesore shall be buffered by the installation and maintenance of landscaping materials. Again, a variety of materials should be used in order to provide the necessary seasonal buffering.

6-1-14 MOBILE HOME PARK AREA AND YARD REQUIREMENTS. Trailer or mobile home parks shall be designed and maintained in accordance with the following requirements:
1. Park Area. Mobile home park area - minimum of four acres.
2. Front Yard. On any street upon which the park abuts, all structures shall have a minimum setback of twenty-five (25) feet from the curb line or the required front yard setback of the district in which the park is located or abuts along the street, which ever is the greater.
3. Side Yard. Fifteen (15) feet from the lot line.

6-1-15 MINIMUM REQUIREMENTS FOR INDIVIDUAL MOBILE HOME LOTS. The following requirements shall be the minimum for individual mobile home lots:
1. Area. Five thousand (5000) square feet.
2. Lot Width. Fifty (50) feet or in the case of irregular lots, thirty-five (35) feet.
3. Front Yard. Fifteen (15) feet from curb or property line.
4. Rear Yard. Ten (10) feet from lot line.
5. Side Yard. Minimum of five (5) feet on each side, with a minimum of twenty (20) feet between any two mobile homes.
6. Fences, walls and Hedges. Construction of such devices shall conform and are subject to residential ordinances for the same, as enforced in the zoning code of the city.
7. Minimum Home Width. Trailers or mobile homes must be at least ten (10) feet wide.

6-1-16 RECREATION AREAS. There shall be provided within each mobile home park an adequate site for recreational use by residents. The minimum areas to be provided for such an area shall consist of one hundred (100) square feet for each mobile home in the park. The sites shall be of appropriate design and provided with appropriate equipment. Recreation areas shall be so located as to be free from traffic hazards and should, where topography permits, be centrally located. Such sites shall not be located on land which has a grade in excess of a six percent rise.

6-1-17 LENGTH OF OCCUPANCY. No mobile home or trailer shall remain in a mobile home or trailer park for a period exceeding fifteen (15) days without connection to the permanent sanitary sewer system of the park.

6-1-18 ADDITIONAL REQUIREMENTS. In addition to the conditions, requirements or limitations as set forth herein concerning the development and operation of such mobile home or trailer parks, there may be imposed such conditions, requirements or limitations as deemed necessary for the protection and welfare of adjacent properties and public interest.

6-1-19 COMMISSION REVIEW REQUIRED. The planning and zoning commission shall first review and make such recommendations, in accordance with the provisions of this code, as they deem fit to the council in regard to the approval of such a mobile home or trailer park development.

6-2-1 DEFINITIONS. Unless the context specifically indicates otherwise, the meaning of terms used in this Ordinance shall be as follows:
1. "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 C, expressed in milligrams per liter or parts per million.
2. "Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (l.5 meters) outside the inner face of the building wall. (IAC 567-69.3(1))
3. "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal. (IAC 567-69.3(1))
4. "City" shall mean the City of Rock Falls and any duly authorized employees or a representative of the City, including the Zoning Commissioner.
5. "Combined Sewer" shall mean a sewer receiving both surface runoff and sewage.
6. "Contributor" shall mean any person responsible for the prodiguction of domestic, commercial or industrial waste which is directly or indirectly discharged into the public sewer system.
7. "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sales of produce.
8. "Industrial Wastes" shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.
9. "Inspector" shall mean the persons 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. 10. "Natural Outlet" shall mean any outlet into watercourse, pond, ditch, or other body of surface or groundwater.
11. "Person" shall mean any individual, firm, company, association, society, corporation, or group.
12. "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
13. "Private Sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
14. "Properly Shredded Garbage" shall mean the waste from the preparation, cooking, dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (l/2) inch (l.27 centimeters) in any dimension.
15. "Public Sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
16. "Sanitary Sewer" shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.
17. "Sewage" shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present.
18. "Sewage Treatment Plant" shall mean any arrangement of devices and structures used for treating sewage.
19. "Sewage Works" shall mean all facilities for collecting, pumping, treating, and disposing of sewage.
20. "Sewer" shall mean a pipe or conduit for carrying sewage.
21. "Sewer Rental" shall mean any and all charges, rate, fees, or rentals levied against and payable by contributors, as consideration for the servicing of said contributors by said sewer system.
22. "Slug" shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation.
23. "Storm Drain" (sometimes termed "storm sewer") shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes other than unpolluted cooling water.
24. "Superintendent" shall mean the Superintendent of Public Utilities of the City of Rock Falls or the City's contracted and authorized water maintenance plumbing agency.
25. "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.
26. "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently.

6-2-2 USE OF PUBLIC SEWERS REQUIRED.
1. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City or in any area under the jurisdiction of said City, any human or animal excrement, garbage, or other objectionable waste.
2. It shall be unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Ordinance. (Code of Iowa, Sec. 364.12(3)(f))
3. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.
4. The owner of any house, building, or property used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City, is hereby required at such owner's expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer and to maintain the same all in accordance with the provisions of this Ordinance, such compliance to be completed within sixty (60) days after official notice from the city to do so provided that said public sewer is within one hundred (100) feet of the property line. Billing for sanitary sewer service shall begin the date of official notice to connect to the public sewer. (Code of Iowa, Sec. 364.12(3)(f)) (IAC 567-69.3(3))

6-2-3 PRIVATE SEWAGE DISPOSAL.
1. When Prohibited. Except as otherwise provided in this ordinance, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
2. Where a public sanitary or combined sewer is not available under the provision of Section 6-2-2(4), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.
3. Before commencement of construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the Zoning Commissioner and the City Clerk. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Zoning Commissioner and the City. A permit and inspection fee of $25.00 dollars shall be paid to the City at the time the application is filed.
4. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Zoning Commissioner and the City. The Commissioner shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Commissioner and the City when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 72 hours of the receipt of notice by the Commissioner and the City.
5. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Natural Resources of the State of Iowa and the County Health Department. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 15,000 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
6. At such times as a public sewer becomes available to a property served by a private sewage disposal system, as provided in 6-2-3(4), a direct connection shall be made to the public sewer in compliance with this Ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material. (Code of Iowa, Sec. 364.12(3)(f))
7. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.
8. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the County Health Officer.
9. When a public sewer becomes available, the building sewer shall be connected at the building owner's expense, to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt. (Code of Iowa, Sec. 364.12(3)(f))
10. Disposal of Waste. It shall be unlawful for any person to place any effluent or waste from cesspools, septic tanks or privy vaults in any other location in the city except in such location as may be designated by the Zoning Commissioner and the City. The rate or charge for receiving such waste shall be determined by resolution of the council.

6-2-4 BUILDING SEWERS AND CONNECTIONS.
1. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the City Clerk.
2. There shall be two (2) classes of building sewer permits:
(a) for residential and commercial service, and
(b) for service to establishments producing industrial wastes. In either case, the owner or the owner's agent shall make application on a special form furnished by the City. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Zoning Commissioner. A permit and inspection fee of $ 10.00 dollars for a residential or commercial building sewer permit and $ 10.00 dollars for an industrial building sewer permit shall be paid to the City at the time the application is filed. The amounts are available on the Schedule of Fees at the City Clerk's office. Applications shall also be accompanied by any and all Perpetual Rights-of-Way Easement (s) necessary for the installation and maintenance of the system along with a complete legal description of the property to be served and any information concerning plans, specifications or other information as determined necessary by the Zoning Commissioner. The sewer connection permit shall be valid for a period of twelve (12) months from the date of issuance. Before a permit may be issued for excavating for plumbing in any public street, way or alley, the person applying for such permit shall have executed unto the City of Rock Falls and deposited with the City Clerk, a corporate surety in the sum of five thousand dollars ($5,000.00) conditioned that the applicant will perform faithfully all work with due care and skill, and in accordance with the laws, rules and regulations established under the authority of any Ordinances of the City of Rock Falls pertaining to plumbing. This bond shall state that the person will indemnify and save harmless the City of Rock Falls and the owner of the premises against all damages, costs, expenses, outlay and claims of every nature and kind arising out of unskillfulness or negligence on the applicant's part in connection with plumbing or excavating for plumbing as prescribed in this Ordinance. Such bond shall remain in force and must be executed for a period of two (2) years except that on such expiration it shall remain in force as to all penalties, claims and demands that may have accrued thereunder prior to such expiration.
3. All costs and expenses for materials, including freight and shipping for the complete sewer unit shall be paid as follows: 45% by the owner and 55% by the City. The home owner will pay to the City their 45% of the cost when the unit arrives from the supplier. The owner will be responsible for having a contractor, plumber, and electrician install the complete sewer system and run the service to the street (or alley) closest to the main sewer line. The City will connect the main line to the owner's line at the property line. There is a $25.00 inspection fee. The City will not connect the pipes to the main sewer line until the sewer unit is ready to be used by the owner for this is a pressurized system and if it is connected before the sewer system is operating, material can back up and block the pipes.
4. In order to build or place any structure on a lot, a Building Permit must be obtained and it is available at City Hall. This Permit must be inspected by the Zoning Commissioner. Once it is approved by the Commissioner, it must be voted upon by the City Council. There is a $10.00 Building Permit fee due at time Permit is submitted.
5. On lots where there is not already a sewer installed, an easement must immediately be signed by the owner. This gives the City the right to operate, inspect, repair, maintain, replace and remove a sanitary sewer pipeline with all appurtenances and equipment used and useful in the transportation of sanitary sewage over, across and through the land. The City also has the right to operate and maintain an electrical control box with appurtenant equipment and wiring on the dwelling. The centerline of the easement is defined as the centerline of the sanitary sewer pipeline as constructed. The easement is ten (10) feet wide, five (5) feet on each side of sewer pipeline and basin. This easement will be recorded at the Cerro Gordo County Courthouse.
6. A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.
7. Old building sewers may be used in connection with new building sewers only when they are found, upon examination and testing by the Zoning Commissioner, to meet all requirements of this Ordinance. The Commissioner may require that the old sewer be excavated for the purpose of facilitating inspection. No old cesspool or septic tank shall be connected to any portion of a building sewer that is also connected to the public sewer. Cesspools and septic tanks shall be located, and drained in a manner approved by the Commissioner and removed or filled with sand, crushed rock or any other solid material approved by the Commissioner, except as exempted by the Commissioner.
8. The building sewer shall be constructed in accordance with applicable portions of the last published (State Plumbing Code of Iowa), applicable specifications of the American Society for Testing and Materials (ASTM) and applicable portions of the Water Pollution Control Federation (WPCF) Manual of Practice No. 9."
a. Each connection to the public sewer shall be made to the fittings designated for that property. If a fitting in the public sewer is not available for the designated property, the connection shall then be made under the direct supervision of the Zoning Commissioner. Connections to the public sewer not made to an existing way or tee shall be made by a hole cutter or careful chisel cutting. The connection shall be rendered water and gas tight by use of rubber gaskets. The building sewer shall not protrude into the public sewer.
b. All building sewers and connections shall comply fully with all the pertinent and applicable provisions, whether regulatory, procedural, or enforcement provisions of the latest issue of the Iowa State Plumbing Code and the International Association of Plumbing and Mechanical Officials Uniform Plumbing Code.
c. No building sewer for residential or commercial buildings shall be less than four inches in diameter. No building sewer for industries or multiple dwellings shall be less than six inches in diameter.
d. Unless otherwise authorized, all building sewers shall have a grade of not less than one - eighth (1/8) inch per foot. A grade of one-fourth (1/4) inch per foot shall be used wherever practical.
1. Minimum Velocity: 2.50 feet per second with the sewer half full.
2. Deviations: Any deviation in alignment or grade shall be made only with the written approval of the superintendent and shall be made only with properly curved pipe and fittings.
e. All excavation shall be open trench work unless authorized by the Commissioner. The foundation in the trench shall be formed to prevent any subsequent settlement of the pipes. If the foundation is good firm earth, the earth shall be pared or molded to give a full support to the lower quadrant of each pipe. Bell holes shall be dug. Where the floor of the trench is of hard or rocky material, the trench shall be excavated to four inches below the pipe and brought back to the proper grade with gravel, course sand or similar material so as to provide a firm foundation and uniform support for the building sewer line. Backfilling shall be placed in layers and solidly tamped or packed up to two feet above the pipe. Back-filling shall not be done until final inspection is made by the Commissioner. Building sewers shall be laid straight at uniform grade between connections or fittings.
f. Cleanouts shall be provided for each change in direction or grade if the change exceeds 45 degrees and at least every 100 feet.
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 one of the following requirements:
a. Clay sewer pipe: A.S.T.M. C 200-69 (extra strength)
b. Extra heavy cast iron soil pipe: A.S.T.M. A74-69.
c. Cast iron water pipe: A.S.T.M. A377-66.
d. P.V.C. - DWV: A.S.T.M. C14.
e. Concrete sewer pipe: A.S.T.M. C14.
f. Cast iron soil pipe with hot poured lead joints and caulked shall be required where the building sewer is exposed to damage by roots.
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 commensurate with the type of pipe used and subject to the approval of the Zoning Commissioner, subject to the following specifications:
a. Clay sewer pipe: compression joints in accordance with A.S.T.M. C425-71.
b. Cast iron soil pipe: A.S.T.M. A74-69.
c. Cast iron water pipe: A.S.T.M. 377-66.
d. P.V.C. : A.S.T.M. D2665-68.
e. Concrete sewer pipe: A.S.T.M. C14-70.
12. Unstable Soil. No sewer connection shall be laid so that it is exposed when crossing any watercourse. Where an old watercourse must be crossed by necessity 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 City. 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.
14. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. The depth shall be sufficient to afford protection from frost. All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the said City. Pipe laying and backfill shall be performed in accordance with A.S.T.M. Specification (Designation C12). No backfill shall be placed until the work has been inspected by the City. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
15. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
16. The connection of the building sewer into the public sewer shall conform to the requirements of the Plumbing Code or other applicable rules and regulations of the City, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the City before installation.
17. Each and every part of the building sewer shall be inspected and approved by the City before being concealed or back-filled. The applicant for the building sewer permit shall notify the City when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the City.
18. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.
19. Streets and alleys shall be opened in the manner which will cause the least inconvenience to the public and admit the uninterrupted passage of water along the gutter on the street.
20. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city, at the expense of the property owner.
21. Should any excavation in any street or alley be left upon or unfinished, for a period of twenty-four (24) hours should the work be improperly done, the City shall have the right to finish or correct such work and the expense shall be charged to the property owner.
22. 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.
23. 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.
24. The City shall, in no event, be held responsible for claims made against it by reason of the breaking of any mains or service pipes, or by reason of any other interruption of the service caused by the breaking of machinery or stoppage for necessary repairs; and no person shall be entitled to damages nor have any portion of a payment refunded for any interruption.
25. The premises receiving sanitary sewer service, shall at all reasonable hours, be subject to inspection by duly authorized personnel of the City.
26. The Owner of the property served by a building sewer shall be responsible for the operation, maintenance, repair, blockage, surface replacement, and any damage resulting from operation, maintenance repair and blockage of said building sewer, from the point of connection with the building drain to the public sewer.
27. Any connection to a public sewer shall be made by a plumber approved by the City. The City shall have the power to suspend the approval of any plumber of violation of any of the provisions of this chapter; A suspension, unless revoked, shall continue until the next regular meeting of the council. The City 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 Zoning Commissioner shall make a written report to the council stating his reasons for the suspension or take any further actions that is necessary and proper.

6-2-5 INTERCEPTORS REQUIRED. Grease, oil, sludge and sand interceptors shall be provided in accordance with the following: filling stations, automobile wash racks, garages, and other facilities when, in the opinion of the Zoning Commissioner, 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.
1. Design and Location. All interceptors shall be of a type and capacity as provided by the Iowa Public Health Bulletin and state plumbing code, to be approved by the City, 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 watertight.
3. Maintenance. All interceptors of grease, oil, sludge and sand shall be maintained by the owner at the owner's expense in continuously efficient operation at all times.

6-2-6 SEWER TAP. Connection of the building sewer into the public sewer shall be made a the "Y" branch. If such branch is available at a suitable location. If the public sewer is twelve (12) inches in diameter or less and no properly located "Y" branch is available, the owner shall, at his/her own expense, install a "Y" branch in the public sewer at the location specified by the city. Where the public sewer is greater than twelve (12) inches and no properly located "Y" branch is available, a neat hole may be cut into the public sewer to receive the building sewer with entry in the downstream direction at an angle of approximately forty-five (45) degrees. A forty-five (45) degree ell may be used to make such connection, with the spigot and cut so as not to extend past the inner surface of the public sewer. The invert of the private sewer at the point of connection shall be at the same or at a higher elevation than the invert of the public sewer. A smooth, neat joint shall be made, and the connection made secure and watertight by encasement in concrete. Special fittings may be used for the connection only when approved by the city. At no time shall a building sewer be constructed so as to enter a manhole unless special written permission is received from the City and in accordance with the City's direction if such connection is approved.

6-2-7 CONNECTION DEADLINE. All approved connection permits shall require the owner to complete construction and connection of the building sewer to the public sewer within thirty (30) days from the approval of the permit, except that when, in the judgement of the City, a property owner on application has made sufficient showing that due to conditions beyond the owner's control or peculiar hardship, the period of time set forth for the completion of the connection shall be inequitable or unfair to the owner, an extension of time within which to comply with the provisions herewith may be granted.

6-2-8 INSPECTION REQUIRED. All connections with the sanitary sewer system, before being covered, shall be inspected and approved, in writing, by the Zoning Commissioner. As soon as all pipe work from the public sewer to inside the building has been completed, and before any backfilling is done, the Zoning Commissioner shall be notified and he/she 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 Commissioner refuses to approve the work, the plumber/owner must proceed immediately to correct the work.

6-2-9 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 article, shall be corrected, at the owner's expense, within thirty (30) days after date of official notice of such violation from the council. If not made within such time, the council shall, in addition to the other penalties herein provided, have the right to finish and correct the work and assess the cost thereof to the property owner. Such assessment shall be collected with and in the same manner as general property taxes.

6-2-10 USE OF THE PUBLIC SEWERS.
1. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. Applications may be canceled and/or sewer service discontinued by the City for any violation of any rule, regulation or condition of service, and especially for any of the following reasons: a. Misrepresented in the application as to the property or fixtures to be serviced by the sanitary sewer system. b. Non-payment of bills. c. Improper or imperfect service pipes and fixtures, or failure to keep same in suitable state of repair. 2. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the City. Industrial cooling water or unpolluted process waters may be discharged, on approval of the City to a storm sewer, combined sewer, or natural outlet.
3. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
a. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.
b. Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer.
c. Any waters or wastes having a ph lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
d. Solid or viscous substances in quantities of such size capable of causing obstruction to the flow of sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
e. Any water or wastes having (l) a 5-day bio-chemical oxygen demand greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight, or suspended solids, or (3) having an average daily flow greater than 2 percent of the average sewage flow of the City, shall be subject to the review of the Zoning Commissioner. Where necessary in the opinion of the Commissioner, the owner shall provide at the owner's expense, such preliminary treatment as may be necessary to (l) reduce the biochemical oxygen demand to 300 parts per million by weight, or (2) reduce the suspended solids to 350 parts per million by weight, or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Commissioner and no construction of such facilities shall be commenced until said approvals are obtained in writing.
4. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Zoning Commissioner 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 Commissioner will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
a. Any liquid or vapor having a temperature higher than one hundred fifty (150) F (65 C).
b. Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150 F) (0 and 65 C).
c. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Zoning Commissioner .
d. Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.
e. Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances, or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Zoning Commissioner for such materials.
f. Any waters or wastes containing phenols or other taste-or-odor-producing substances, in such concentrations exceeding limits which may be established by the Zoning Commissioner as necessary after treatment of the composite sewage, to meet with requirements of the State, Federal, or other public agencies with jurisdiction for such discharge to the receiving waters.
g. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Zoning Commissioner in compliance with applicable State or Federal regulations.
h. Any waters or wastes having a pH in excess of 9.5.
i. Materials which exert or cause: (1) Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate). (2) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions). (3) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works. (4) Unusual volume of flow or concentration of waters constituting "slugs" as defined herein.
j. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.
5. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in 6-2-5(4), and which in the judgment of the City, 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 City may:
a. Reject the wastes,
b. Require pretreatment to an acceptable condition for discharge to the public sewers.
c. Require control over the quantities and rates of discharge, and/or
d. Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provision of 6-2-5(10) of this article. If the Zoning Commissioner 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 Commissioner, and subject to the requirements of all applicable codes, Ordinances, and laws.
6. Grease, oil, and sand interceptors shall be provided when, in the opinion of the City, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the City, and shall be located as to be readily and easily accessible for cleaning and inspection.
7. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner's expense.
8. When required by the City, 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 City. The manhole shall be installed by the owner at the owner's expense, and shall be maintained by the owner so as to be safe and accessible at all times. 9. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this Ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24 hour composite of all outfalls where pH's are determined from periodic grab samples).
10. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment, therefore, by the industrial concern.

6-2-11 PROTECTION FROM DAMAGE.
1. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. (Code of Iowa, Sec. 716.1)

6-2-12 POWERS AND AUTHORITY TO INSPECTORS.
1. The Zoning Commissioner and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this Ordinance. The City's representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.
2. While performing the necessary work on private properties referred to in 6-2-7(1), the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by the City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in Section 6-2-5(8).
3. The City bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.

6-2-13 LIMITED REIMBURSEMENT. There shall be a limit to the reimbursement the City of Rock Falls will pay to the homeowner for the expense incurred to the homeowner due to a backed-up sewer not caused by the homeowner. In the event of a backed-up sewer not caused by the homeowner, cleaning expense incurred due to the backed-up sewer may be reimbursed to the homeowner for his or her labor. Reimbursement will be limited to an hourly wage, not to exceed the hourly wage rate paid to the City Maintenance workers at the time of the incident.

6-2-14 PENALTIES.
1. Any person found to be violating any provision of this Ordinance except Section 6-2-11 shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
2 Any person violating any of the provisions of this Ordinance is liable to the City for any expense, loss, or damage occasioned the City by reason of such violations.
3. Any person who shall continue any violation beyond the time limit provided for in subsection 1 hereof, shall be guilty of a misdemeanor, an on conviction thereof shall be fined an amount not exceeding one hundred (100) dollars for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. Footnote: See 384.38(3) concerning establishing districts and connection fees (H.F. 2343, 1994 legislative session).

6-4-1 DEFINITIONS. For use in this chapter, the following terms are defined as follows:
1. "Refuse". Includes all garbage, rubbish, ashes, or other substances offensive to sight or smell, dangerous to the public health or detrimental to the best interests of the community except dead animals not killed for food.
2. "Garbage". Includes all animal, fruit, vegetable, and other refuse resulting from the preparation of food and drink.
3. "Rubbish". Includes all other refuse not falling within the term "garbage" except those objects too large to be placed in cans.
4. "Can". Means a container for the storage of garbage or rubbish which is:
a. Provided with a handle and tight fitting cover.
b. Substantially made of galvanized iron or other non-rusting material.
c. Water-tight.
d. Of a size that may be conveniently handled by the collector.
e. Rodent and vermin proof.
5. "Processing Facility". Means the site and equipment for the preliminary and incomplete disposal of solid waste, including but not limited to transfer, open burning, incomplete land disposal, incineration, composting, reduction, shredding and compression.
6. "Site". Means any location, place or tract of land used for collection, storage, conversion, utilization, incineration or burial of solid wastes.
7. "Scavenging". Means the uncontrolled removal of materials from the unloading or working area of a sanitary disposal project.
8. "Operator". Means the person or agency authorized to conduct disposal operations at a public sanitary disposal project or licensed private sanitary disposal project.
9. "Resident". Means in addition to any person residing in the city, any person occupying or using any commercial, industrial or institutional premises within the city.

6-4-2 COLLECTION FEES.
1. Residential Landfill Fee $3.00
2. Recycling Fee $1.75
3. All households will dispose of solid waste, using a solid waste container of bright yellow plastic bags. All bags will have the name of the City of Rock Falls 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 bag at a cost of $1.00 per bag, and 33 gallon bags at the cost of $1.25 per bag. In any event, the weight of the solid waste container plastic bags, when full, shall not exceed 40 pounds. It shall be the duty of the owner of each household residing in a building arranged for more than one family unit to provide proper cans for garbage and rubbish.

6-4-3 ADMINISTRATION. Administration of this chapter shall be by the Superintendent of refuse, or such employee designated by the Superintendent. (Code of Iowa, Sec. 372.13(4))

6-4-4 STORAGE. All garbage must be drained and that accumulated from dwellings must be wrapped in paper and placed in a can. All rubbish shall be placed in a can except as otherwise provided.

6-4-5 COLLECTION. All garbage and rubbish shall be taken from dwellings at least once each week and from public establishments as frequently as the City Council may require. All cans for garbage and rubbish shall be kept as provided in the rules and regulations for collection of refuse.

6-4-6 NECESSITY OF PERMIT. No person shall collect garbage or rubbish except such person's unless otherwise by contract or permit approved by the Superintendent of refuse and issued by the Clerk. In the event any business, firm, or corporation may elect to dispose of refuse or waste matter as may accumulate on any premises, property, or location, the same may be done provided that such disposal and transporting of any refuse or waste matter complies with the provisions of this chapter, is approved by the City and a permit issued by the Clerk.

6-4-7 BURNING OF REFUSE.
1. It shall be unlawful for any person to burn or incinerate any garbage, rubbish, or refuse within the City except by permission of the City Council.
2. This section shall not apply to any incinerator operated under a license granted by the City or any burning conducted under the direction of the fire department for training purposes.
3. This section shall not apply to outdoor cooking appliances used for residential recreational purposes using commonly acceptable fuels.

6-4-8 REFUSE OTHER THAN GARBAGE. Each person shall dispose of all refuse other than garbage and rubbish accumulation on the premises such person owns or occupies before it becomes a nuisance. If it does become a nuisance, it shall be subject to provisions of Title III, Chapter 2 of this Code.

6-4-9 SANITARY LANDFILL. The City Council by resolution may designate a sanitary landfill and establish reasonable rules and regulations necessary to control its use by the public and make charge for the use thereof.

6-4-10 SANITARY DISPOSAL REQUIRED. All solid wastes generated or produced within the city shall be disposed of at a sanitary disposal project designated by the city approved by the executive director of the State Department of Natural Resources.

6-4-11 OPEN DUMPING PROHIBITED. No person shall cause, allow or permit the disposal of solid wastes upon any place within the jurisdiction of the city owned or occupied by such person unless such place has been designated by the city as a licensed sanitary disposal project, public sanitary disposal project or an approved processing facility.

6-4-12 EXCEPTIONS. Nothing in this article shall prohibit the filling, leveling or grading of land with earth, sand, dirt, stone, brick, gravel, rock, rubble or similar inert wastes provided these materials are not contaminated or mixed with combustible, putrescible or other wastes materials, nor to the disposal of animal and agricultural wastes on land used operated for farming.

6-4-13 TOXIC AND HAZARDOUS WASTES. Toxic or hazardous wastes shall be disposed of only upon receipt of and in accordance with explicit instructions obtained from the executive director of the State Department of Natural Resources. No person, firm or corporation shall attempt to disguise such waste by including the same with garbage, trash, rubbish residential or other similar waste for the purpose of collection, removal and disposal. Any such attempt to do so will be deemed a violation of city and state codes and shall be prosecuted accordingly.

6-4-14 RADIOACTIVE MATERIALS. Materials that are radioactive shall not be disposed of in a sanitary disposal project. Luminous timepieces are exempt.

6-4-15 SANITARY DISPOSAL PROJECT DESIGNATED. The sanitary landfill facilities as specified in a resolution by the city council, are hereby designated as the official "Public Sanitary Disposal Project" for the disposal of solid waste produced or originated within the city.

6-4-16 PRIVATE SANITARY DISPOSAL PROJECT. No person may establish and operate a private sanitary project within the corporate city limits.

6-4-17 OPEN BURNING RESTRICTED. No person shall allow, cause or permit open burning of combustible materials, except that the following shall be permitted:
1. 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.
2. Diseased Trees. The open burning of diseased trees. However, when the burning of diseased trees causes a nuisance appropriate action may be taken to require relocation of the burning operation. Rubber tires shall not be used to ignite diseased trees.
3. Flare Stacks. The open burning or flaring of waste gases, provided such open burning or flaring is conducted in compliance with applicable rules of the State Department of Natural Resources.
4. Landscape Waste. The disposal by open burning of landscape waste originating on the premises. However, the burning of landscape waste produced in clearing, grubbing and construction operations shall be limited to areas located at least one-fourth (1/4) mile from any inhabited building. Rubber tires shall be not be used to ignite landscape waste. Such burning shall be limited.

6-5-1 UTILITY DEFINED. For use in this chapter, utility is the sewer and refuse collection systems operated by the City.

6-5-2 DISTRICTS. There shall be one sewer which encompasses all of the City of Rock Falls , Iowa.

6-5-3 DISPOSITION OF FEES AND CHARGES. All money received under this chapter shall be deposited in the City treasury not later than the last day of the month in which it was received and a written report of the amount and source of the fees and charges shall be on file with the City Clerk.

6-5-4 BILLING, PENALTY. Utility bills shall be due on the first of the month following the period for which service is billed. Payment shall be made to the City Clerk. Bills shall become delinquent after the tenth of the month in which due and bills paid after said day shall have added a penalty of ten (10) percent of the amount of the bill for the service. When the fifteenth falls on Saturday or Sunday, the City Clerk shall accept payment on the next office day without penalty. (Code of Iowa, Sec. 384.84(1))

6-5-5 DISCONTINUING SERVICE, FEES.
1. If any account is not paid within thirty days from the end of any given period, the service to such owner or person so supplied with the utility shall be discontinued after the following procedures have been complied with:
a. The City Clerk shall send a disconnect or discontinuance notice by ordinary mail providing the following notice to customers: "You are advised that you may request a hearing on this matter to the City Clerk by noon on the day preceding the scheduled shut-off date or discontinuance of service."
b. When a hearing is requested by a customer, the Mayor or the Mayor's designee shall conduct a hearing within two (2) days following the request. The customer shall have the right to present evidence or propose a payment plan. The decision of the Mayor is final.
2. If service is discontinued for nonpayment of fees and charges, or for the violation of any Ordinance, a fee of $2.50 shall be paid to the City Clerk in addition to the rates or charges then due before such service is restored. If any such service charge is not paid within sixty (60) days from the date it is due, the same shall constitute a lien upon the premises served by said municipal system, which said lien shall be collected in the same manner as taxes. (Code of Iowa, Sec. 384.84(2))

6-5-6 REFUSE COLLECTION RATES. There shall be collected by the City for its services in collecting garbage and rubbish, the following mandatory fees:
1. Residence Rate. For each resident with alley or curb pickup, $ 3.00 per month for one garbage or rubbish collection each week, $ 1.75 for recycling collection per week, and a charge of $1.00 for a 15-19 gallon refuse collection plastic bag, and $ 1.25 for the 33 gallon refuse collection plastic bags. In the event that alley or curb pickup for any residence is not feasible, the City Clerk is hereby empowered to enter into an agreement with such resident for any additional charge to be paid by such resident for any other location of pickup that may be agreed upon. (Code of Iowa, Sec. 384.84(1)) Footnote: See Code of Iowa, Sec. 384.38(3) concerning establishing districts and connection fees.

6-6-1 EXCAVATION PERMIT REQUIRED. Excavating within the right-of-way of public streets and alleys, and of public grounds, and the cutting of surfacing or pavings of the traveled way therein, shall not be done by any person, firm, association, or corporation without obtaining a permit from the City Clerk.

6-6-2 APPLICATION FOR PERMIT. No person shall commence excavation in any public street or public ground until that person has applied to the City Clerk for an excavation permit. Such application shall indicate the location of the excavation, the name and address of the applicant who is to do the work, whether public liability insurance is in force, and that the applicant has checked the underground map of all utilities, and other owners of underground facilities, and that the applicant has notified those persons or companies of the time that excavation will commence. The making of an application shall be deemed notice to the City of the plan to cut the street surfacing or pavements, and to obstruct the public way. Such permits shall not be valid until six hours after receipt unless the Clerk waives this requirement. In an emergency, authorized persons or companies may commence excavations provided that they shall have made a reasonable effort to inform the City and the utilities whose underground utilities might be involved in any way, and those involved in the excavation shall make written application at the earliest practicable moment. The Clerk may provide on the form for the certification that the applicant has notified all utilities and other parties required by this Ordinance.

6-6-3 PERMIT FEES. The permit fee shall be $15.00 for the cost of each inspection. A single excavation shall be deemed to constitute all the digging necessary for a single connection, or a cut for installing a main not exceeding 100 feet in length. An additional fee of $15.00 shall be required for every additional 100 feet, or major fraction thereof, of main excavation.

6-6-4 SAFETY MEASURES. Any person, firm, or corporation cutting a pavement or surfacing or excavating in the streets shall erect suitable barricades, maintain warning lights from sunset to sunrise each night, and take such other precautions as necessary for the safety of the public, whether vehicles or pedestrians. Vehicles, equipment, materials, excavated material, and similar items shall likewise be protected by lights and warning devices, such as traffic cones, flags, etc. Where traffic conditions warrant, the party excavating may be required to provide flagmen, if in the judgment of the Peace Officer the public safety requires it. Compliance with City Ordinances and regulations shall not be deemed to waive the requirements that the party excavating shall comply with all the requirements of the labor safety laws and the rules of the Iowa Department of Labor, nor shall any failure be deemed a responsibility of the City. Any costs incurred by the city in providing or maintaining adequate barricades or warning lights shall be paid to the city by the permit holder.

6-6-5 BACKFILLING AND RESTORATION. Any person excavating in the streets shall be responsible for the backfilling of the excavation in accordance with City specifications and the restoration of the pavement or surfacing to as good a condition as that existing prior to the excavation. If any excavator fails to backfill or restore the pavement or surfacing properly within forty-eight hours of the completion of the underground work, the City reserves the right to backfill and resurface or install new paving and charge the cost thereof to the party excavating. If any backfilling or pavement or surfacing restoration is not in accordance with the City specifications, the City of Rock Falls is authorized to remove such material as is necessary and to backfill and restore the pavement or surfacing properly, and charge the cost thereof to the party who was to backfill or restore properly.

6-6-6 RULES AND REGULATIONS. The City Council may by resolution establish such rules and regulations for the manner of making cuts and related matters involving excavations.

6-6-7 PUBLIC CONVENIENCE. Streets and alleys shall be excavated in the manner which will cause the least inconvenience to the public and admit the uninterrupted passage of water along gutters on the street.

6-6-8 BOND REQUIRED. The applicant shall post with the city a penal bond in the sum of one thousand ($1,000) dollars issued by a surety company authorized to issue such bonds in the State of Iowa. The bond shall guarantee the permittee's payment for any damage done to the city or to the public property, and payment of all costs incurred by the city in the course of administration of this section.

6-6-9 INSURANCE REQUIRED. Each applicant shall also have filed a certificate of insurance indicating that the applicant is carrying public liability insurance in effect for the duration of the permit covering the applicant and the agents and employees for the following minimum amounts: A. Bodily Injury: $50,000 per person; $100,000 per accident. B. Property Damage: $50,000 per accident.

6-6-10 PERMIT ISSUED. Upon arrival of the application, filing of bond and insurance certificate, and payment of the required fees, a permit may b issued by the city.

6-6-11 NOTICE REQUIRED. The person, firm, corporation or association obtaining said permit shall immediately after the issuance thereof, give notice to the Zoning Commissioner and franchises or utilities servicing the community, stating where said excavation or ditch is to be made, and when the work thereon will be commenced, and it shall be the duty of the said party so notified to point out to said permit holder, the exact location of any pipe, conduit, water main, sewer or wire liable to be damaged by reason of the making of said excavation or ditch, and the same shall be made in such manner as not to injure said pipe, conduit, water main, sewer or wire; and the person, firm, corporation or association doing said work or having the same done, shall be responsible to the party injured for all damages done to said pipes, conduit, water main, sewer of wire, but no person or corporation who has received notice as herein provided and has failed to point out the location of said pipe, conduit, water main, sewer or wire within a reasonable length of time shall be entitled to receive pay for injury thereto unless said injury is caused by the negligence of the party doing said work.

6-6-12 REGULATIONS. Where excavations or ditches are made through a bituminous paving or concrete paving of a street or alley, the portion to be removed must be first sawed unless the concrete paving contains granite aggregate and then sawing is not required, but the said excavation or ditch shall be properly guarded at night by sufficient light to prevent accidents to the public, and it shall be the duty of the person making said excavation or ditch to dry tamp the dirt so that the ground is solid when the work is finished; water shall not be used to settle the dirt as the ditch is filled, and the portion of the paving removed must be replaced by proper paving material so as to leave the street or alley in a smooth condition when finished.

6-6-13 CITY SUPERVISION. The excavation or ditch for which a permit has been issued shall be conducted under the supervision of the Zoning Commissioner, who shall be notified when the bituminous paving or concrete paving is to be sawed, when the tamping and filling operation is to be started so that he shall be given an opportunity to inspect the same, and he shall make a final inspection of the closed excavation or ditch before the permit holder shall proceed with restoring the paved portion of the street or alley.

6-6-14 PROPERTY OWNER'S RESPONSIBILITY. All costs and expenses incident to the excavation shall be borne by the permit holder and 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.

6-7-1 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.

6-7-2 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 an effect. Ordinance No. Adopted

6-9-1 PURPOSE. The purpose of this chapter is to improve and maintain sidewalks in a safe condition, to require owners of abutting property to maintain, repair, replace, construct or reconstruct sidewalks.