CODE OF ORDINANCES

CODE OF ORDINANCES, BLOOMFIELD, IOWA

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CHAPTER 1

CODE OF ORDINANCES

1.01 Title 1.08 Amendments

1.02 Definitions 1.09 Catchlines and Notes

1.03 City Powers 1.10 Altering Code

1.04 Indemnity 1.11 Severability

1.05 Personal Injuries 1.12 Warrants

1.06 Rules of Construction 1.13 General Standards for Action

1.07 Extension of Authority 1.14 Standard Penalty

1.15 Right of Entry

1.01 TITLE. This code of ordinances shall be known and may be cited as the

Code of Ordinances of the City of Bloomfield, Iowa, 2004.

1.02 DEFINITIONS. Where words and phrases used in this Code of

Ordinances are defined in the Code of Iowa, such definitions apply to their use

in this Code of Ordinances unless such construction would be inconsistent with

the manifest intent of the Council or repugnant to the context of the provision.

Other words and phrases used herein have the following meanings, unless

specifically defined otherwise in another portion of this Code of Ordinances or

unless such construction would be inconsistent with the manifest intent of the

Council or repugnant to the context of the provision:

1. “Alley” means a public right-of-way, other than a street, affording

secondary means of access to abutting property.

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

3. “Clerk” means the city clerk of Bloomfield, Iowa.

4. “Code” means the specific chapter of this Code of Ordinances in

which a specific subject is covered and bears a descriptive title word

(such as the Building Code and/or a standard code adopted by reference).

5. “Code of Ordinances” means the Code of Ordinances of the City

of Bloomfield, Iowa, 2004.

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

7. “County” means Davis County, Iowa.

8. “May” confers a power.

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

motion.

10. “Must” states a requirement.

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11. “Occupant” or “tenant,” applied to a building or land, includes

any person who occupies the whole or a part of such building or land,

whether alone or with others.

12. “Ordinances” means the ordinances of the City of Bloomfield,

Iowa, as embodied in this Code of Ordinances, ordinances not repealed

by the ordinance adopting this Code of Ordinances, and those enacted

hereafter.

13. “Person” means an individual, firm, partnership, domestic or

foreign corporation, company, association or joint stock association,

trust, or other legal entity, and includes a trustee, receiver, assignee, or

similar representative thereof, but does not include a governmental body.

14. “Public way” includes any street, alley, boulevard, parkway,

highway, sidewalk, or other public thoroughfare.

15. “Shall” imposes a duty.

16. “Sidewalk” means that surfaced portion of the street between the

edge of the traveled way, surfacing, or curb line and the adjacent

property line, intended for the use of pedestrians.

17. “State” means the State of Iowa.

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

as amended.

19. “Street” or “highway” means the entire width between property

lines of every way or place of whatever nature when any part thereof is

open to the use of the public, as a matter of right, for purposes of

vehicular traffic.

Words that are not defined in this Code of Ordinances or by the Code of Iowa

have their ordinary meaning unless such construction would be inconsistent

with the manifest intent of the Council, or repugnant to the context of the

provision.

1.03 CITY POWERS. The City may, except as expressly limited by the

Iowa Constitution, and if not inconsistent with the laws of the Iowa General

Assembly, exercise any power and perform any function it deems appropriate to

protect and preserve the rights, privileges and property of the City and of its

residents, and preserve and improve the peace, safety, health, welfare, comfort

and convenience of its residents and each and every provision of this Code of

Ordinances shall be deemed to be in the exercise of the foregoing powers and

the performance of the foregoing functions.

(Code of Iowa, Sec. 364.1)

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1.04 INDEMNITY. The applicant for any permit or license under this Code

of Ordinances, by making such application, assumes and agrees to pay for all

injury to or death of any person or persons whomsoever, and all loss of or

damage to property whatsoever, including all costs and expenses incident

thereto, however arising from or related to, directly, indirectly or remotely, the

issuance of the permit or license, or the doing of anything thereunder, or the

failure of such applicant, or the agents, employees or servants of such applicant,

to abide by or comply with any of the provisions of this Code of Ordinances or

the terms and conditions of such permit or license, and such applicant, by

making such application, forever agrees to indemnify the City and its officers,

agents and employees, and agrees to save them harmless from any and all

claims, demands, lawsuits or liability whatsoever for any loss, damage, injury

or death, including all costs and expenses incident thereto, by reason of the

foregoing. The provisions of this section shall be deemed to be a part of any

permit or license issued under this Code of Ordinances or any other ordinance

of the City whether expressly recited therein or not.

1.05 PERSONAL INJURIES. When action is brought against the City for

personal injuries alleged to have been caused by its negligence, the City may

notify in writing any person by whose negligence it claims the injury was

caused. The notice shall state the pendency of the action, the name of the

plaintiff, the name and location of the court where the action is pending, a brief

statement of the alleged facts from which the cause arose, that the City believes

that the person notified is liable to it for any judgment rendered against the

City, and asking the person to appear and defend. A judgment obtained in the

suit is conclusive in any action by the City against any person so notified, as to

the existence of the defect or other cause of the injury or damage, as to the

liability of the City to the plaintiff in the first named action, and as to the

amount of the damage or injury. The City may maintain an action against the

person notified to recover the amount of the judgment together with all the

expenses incurred by the City in the suit.

(Code of Iowa, Sec. 364.14)

1.06 RULES OF CONSTRUCTION. In the construction of this Code of

Ordinances, the rules of statutory construction as set forth in Chapter 4 of the

Code of Iowa shall be utilized to ascertain the intent of the Council with the

understanding that the term “statute” as used therein will be deemed to be

synonymous with the term “ordinance” when applied to this Code of

Ordinances.

1.07 EXTENSION OF AUTHORITY. Whenever an officer or employee is

required or authorized to do an act by a provision of this Code of Ordinances,

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the provision shall be construed as authorizing performance by a regular

assistant, subordinate or a duly authorized designee of said officer or employee.

1.08 AMENDMENTS. All ordinances which amend, repeal or in any

manner affect this Code of Ordinances shall include proper reference to chapter,

section, subsection or paragraph to maintain an orderly codification of

ordinances of the City.

(Code of Iowa, Sec. 380.2)

1.09 CATCHLINES AND NOTES. The catchlines of the several sections

of the Code of Ordinances, titles, headings (chapter, section and subsection),

editor’s notes, cross references and State law references, unless set out in the

body of the section itself, contained in the Code of Ordinances, do not

constitute any part of the law, and are intended merely to indicate, explain,

supplement or clarify the contents of a section.

1.10 ALTERING CODE. It is unlawful for any unauthorized person to

change or amend by additions or deletions, any part or portion of the Code of

Ordinances, or to insert or delete pages, or portions thereof, or to alter or tamper

with the Code of Ordinances in any manner whatsoever which will cause the

law of the City to be misrepresented thereby.

(Code of Iowa, Sec. 718.5)

1.11 SEVERABILITY. If any section, provision or part of the Code of

Ordinances is adjudged invalid or unconstitutional, such adjudication will not

affect the validity of the Code of Ordinances as a whole or any section,

provision or part thereof not adjudged invalid or unconstitutional.

1.12 WARRANTS. If consent to enter upon or inspect any building,

structure or property pursuant to a municipal ordinance is withheld by any

person having the lawful right to exclude, the City officer or employee having

the duty to enter upon or conduct the inspection may apply to the Iowa District

Court in and for the County, pursuant to Section 808.14 of the Code of Iowa,

for an administrative search warrant. No owner, operator or occupant or any

other person having charge, care or control of any dwelling unit, rooming unit,

structure, building or premises shall fail or neglect, after presentation of a

search warrant, to permit entry therein by the municipal officer or employee.

1.13 GENERAL STANDARDS FOR ACTION. Whenever this Code of

Ordinances grants any discretionary power to the Council or any commission,

board or officer or employee of the City and does not specify standards to

govern the exercise of the power, the power shall be exercised in light of the

following standard: The discretionary power to grant, deny or revoke any

matter shall be considered in light of the facts and circumstances then existing

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and as may be reasonably foreseeable, and due consideration shall be given to

the impact upon the public health, safety and welfare, and the decision shall be

that of a reasonably prudent person under similar circumstances in the exercise

of the police power.

1.14 STANDARD PENALTY. Unless another penalty is expressly provided

by the Code of Ordinances for any particular provision, section or chapter, any

person failing to perform a duty, or obtain a license required by, or violating

any provision of the Code of Ordinances, or any rule or regulation adopted

herein by reference shall, upon conviction, be subject to a fine of not more than

five hundred dollars ($500.00) or imprisonment not to exceed thirty (30) days.

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

1.15 RIGHT OF ENTRY. Whenever necessary to make an inspection to

enforce any ordinance or resolution, or whenever there is reasonable cause to

believe there exists an ordinance or resolution violation in any building or upon

any premises within the jurisdiction of the City, any authorized official of the

City may, upon presentation of proper credentials, enter such building or

premises at all reasonable times to inspect the same or to perform any duty

imposed upon said official by ordinance, provided that, except in emergency

situations or when consent of the owner and/or occupant to the inspection has

been otherwise obtained, said official shall give the owner and/or occupant, if

they can be located after reasonable effort, twenty-four (24) hours’ written

notice of the authorized official’s intention to inspect. The notice transmitted to

the owner and/or occupant shall state that the property owner has the right to

refuse entry and that in the event such entry is refused, inspection may be made

only upon issuance of a search warrant by a duly authorized magistrate. In the

event the owner and/or occupant refuses entry after such request has been

made, the official is empowered to seek assistance from any court of competent

jurisdiction in obtaining such entry.

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CHAPTER 2

CHARTER

2.01 Purpose 2.05 Number and Term of Council

2.02 Title 2.06 Term of Mayor

2.03 Form of Government 2.07 Copies on File

2.04 Powers and Duties

2.01 PURPOSE. The purpose of this chapter is to provide for a charter

embodying the form of government existing on July 1, 1975.

2.02 TITLE. This chapter may be cited as the charter of the City of

Bloomfield, Iowa.

†

2.03 FORM OF GOVERNMENT. The form of government of the City is

the Mayor-Council form of government.

(Code of Iowa, Sec. 372.4)

2.04 POWERS AND DUTIES. The Council and Mayor and other City

officers have such powers and shall perform such duties as are authorized or

required by State law and by the ordinances, resolutions, rules and regulations

of the City.

2.05 NUMBER AND TERM OF COUNCIL. The Council consists of two

Council Members elected at large and one Council Member from each of three

wards as established by this Code of Ordinances, elected for overlapping terms

of four years.

(Code of Iowa, Sec. 376.2)

2.06 TERM OF MAYOR. The Mayor is elected for a term of four years.

(Code of Iowa, Sec. 376.2)

2.07 COPIES ON FILE. The Clerk shall keep an official copy of the charter

on file with the official records of the Clerk and the Secretary of State, and shall

keep copies of the charter available at the Clerk’s office for public inspection.

(Code of Iowa, Sec. 372.1)

†

EDITOR’S NOTE: Ordinance No. 335 adopting a charter for the City was passed and approved by

the Council in 1975.

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CHAPTER 3

WARDS OF THE CITY

3.01 Designation of Wards 3.02 Ward Boundaries

3.01 DESIGNATION OF WARDS. The City is divided into three wards for

the purpose of the government of the City, and each ward is composed of one

precinct. Said wards are numbered One, Two and Three, and have boundaries

as hereinafter described.

3.02 WARD BOUNDARIES.

1. First Ward/Precinct. The First Ward/Precinct consists of that portion

of the City of Bloomfield bounded by a line commencing at the intersection of

E. South Street and S. East Street, then proceeding first east and then in a

counterclockwise manner to the East and North along the corporate limits of

the City of Bloomfield until it intersects Madison Street, then proceeding south

on North Madison Street until it intersect W. North Street, then west until it

intersects N. Columbia Street, then south until it intersects Poplar Street, then

east until it intersects N. Washington Street, then south until it intersects E.

South Street to the point of origin.

2. Second Ward/Precinct. The Second Ward/Precinct consists of that

portion of the City of Bloomfield bounded by a line commencing at the

intersection of W. Jefferson Street and the West corporate limit of the City of

Bloomfield, then clockwise along the West corporate limit until it intersects

Madison Street, then south on North Madison Street until it intersects W. North

Street, then west until it intersects N. Columbia Street, then south until it

intersects Jefferson Street, then west to the point of origin.

3. Third Ward/Precinct. The Third Ward/Precinct consists of that portion

of the City of Bloomfield bounded by a line commencing at the intersection of

E. South Street and S. East Street, then proceeding south to the South corporate

limit of the City of Bloomfield, then proceeding clockwise until it intersects

Jefferson Street, then east until it intersects Columbia Street, then north until it

intersects Poplar Street, then east until it intersects N. Washington Street, then

south until it intersects E. South Street, then east to the point of origin. The

Third Ward/Precinct also includes the unincorporated area of Cleveland

Township surrounded by the Third Ward/Precinct.

(Ord. 661 – Mar. 12 Supp.)

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CHAPTER 4

MUNICIPAL INFRACTIONS

4.01 Municipal Infraction 4.04 Civil Citations

4.02 Environmental Violation 4.05 Alternative Relief

4.03 Penalties 4.06 Criminal Penalties

4.01 MUNICIPAL INFRACTION. A violation of this Code of Ordinances

or any ordinance or code herein adopted by reference or the omission or failure

to perform any act or duty required by the same, with the exception of those

provisions specifically provided under State law as a felony, an aggravated

misdemeanor, or a serious misdemeanor, or a simple misdemeanor under

Chapters 687 through 747 of the Code of Iowa, is a municipal infraction

punishable by civil penalty as provided herein.

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

4.02 ENVIRONMENTAL VIOLATION. A municipal infraction which is a

violation of Chapter 455B of the Code of Iowa or of a standard established by

the City in consultation with the Department of Natural Resources, or both, may

be classified as an environmental violation. However, the provisions of this

section shall not be applicable until the City has offered to participate in

informal negotiations regarding the violation or to the following specific

violations:

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

1. A violation arising from noncompliance with a pretreatment

standard or requirement referred to in 40 C.F.R. §403.8.

2. The discharge of airborne residue from grain, created by the

handling, drying or storing of grain, by a person not engaged in the

industrial production or manufacturing of grain products.

3. The discharge of airborne residue from grain, created by the

handling, drying or storing of grain, by a person engaged in such

industrial production or manufacturing if such discharge occurs from

September 15 to January 15.

4.03 PENALTIES. A municipal infraction is punishable by the following

civil penalties:

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

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1. Standard Civil Penalties.

A. First Offense – Not to exceed $750.00

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

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

repeat offense.

2. Special Civil Penalties.

A. A municipal infraction arising from noncompliance with a

pretreatment standard or requirement, referred to in 40 C.F.R.

§403.8, by an industrial user is punishable by a penalty of not

more than $1,000.00 for each day a violation exists or continues.

B. A municipal infraction classified as an environmental

violation is punishable by a penalty of not more than $1,000.00

for each occurrence. However, an environmental violation is not

subject to such penalty if all of the following conditions are

satisfied:

(1) The violation results solely from conducting an

initial startup, cleaning, repairing, performing scheduled

maintenance, testing, or conducting a shutdown of either

equipment causing the violation or the equipment designed

to reduce or eliminate the violation.

(2) The City is notified of the violation within twenty-

four (24) hours from the time that the violation begins.

(3) The violation does not continue in existence for

more than eight (8) hours.

4.04 CIVIL CITATIONS. Any officer authorized by the City to enforce this

Code of Ordinances may issue a civil citation to a person who commits a

municipal infraction. The citation may be served by personal service as

provided in Rule of Civil Procedure 1.305, by certified mail addressed to the

defendant at defendant’s last known mailing address, return receipt requested,

or by publication in the manner as provided in Rule of Civil Procedure 1.310

and subject to the conditions of Rule of Civil Procedure 1.311. A copy of the

citation shall be retained by the issuing officer, and one copy shall be sent to the

Clerk of the District Court. The citation shall serve as notification that a civil

offense has been committed and shall contain the following information:

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

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1. The name and address of the defendant.

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

issuing the citation.

3. The location and time of the infraction.

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

sought, or both.

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

6. The time and place of court appearance.

7. The penalty for failure to appear in court.

4.05 ALTERNATIVE RELIEF. Seeking a civil penalty as authorized in

this chapter does not preclude the City from seeking alternative relief from the

court in the same action. Such alternative relief may include, but is not limited

to, an order for abatement or injunctive relief.

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

4.06 CRIMINAL PENALTIES. This chapter does not preclude a peace

officer from issuing a criminal citation for a violation of this Code of

Ordinances or regulation if criminal penalties are also provided for the

violation. Nor does it preclude or limit the authority of the City to enforce the

provisions of this Code of Ordinances by criminal sanctions or other lawful

means.

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

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CHAPTER 5

OPERATING PROCEDURES

5.01 Oaths 5.07 Conflict of Interest

5.02 Bonds 5.08 Resignations

5.03 Duties: General 5.09 Removal of Appointed Officers and Employees

5.04 Books and Records 5.10 Vacancies

5.05 Transfer to Successor 5.11 Gifts

5.06 Meetings

5.01 OATHS. The oath of office shall be required and administered in

accordance with the following:

1. Qualify for Office. Each elected or appointed officer shall qualify

for office by taking the prescribed oath and by giving, when required, a

bond. The oath shall be taken, and bond provided, after being certified

as elected but not later than noon of the first day which is not a Sunday

or a legal holiday in January of the first year of the term for which the

officer was elected.

(Code of Iowa, Sec. 63.1)

2. Prescribed Oath. The prescribed oath is: “I, (name), do solemnly

swear that I will support the Constitution of the United States and the

Constitution of the State of Iowa, and that I will faithfully and

impartially, to the best of my ability, discharge all duties of the office of

(name of office) in Bloomfield as now or hereafter required by law.”

(Code of Iowa, Sec. 63.10)

3. Officers Empowered to Administer Oaths. The following are

empowered to administer oaths and to take affirmations in any matter

pertaining to the business of their respective offices:

A. Mayor

B. City Clerk

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

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

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

1. Required. The Council shall provide by resolution for a surety

bond or blanket position bond running to the City and covering the

Mayor, Clerk, Treasurer and such other officers and employees as may

be necessary and advisable.

(Code of Iowa, Sec. 64.13)

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

(Code of Iowa, Sec. 64.19)

3. Bonds Filed. All bonds, after approval and proper record, shall be

filed with the Clerk.

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

4. Record. The Clerk shall keep a book, to be known as the “Record

of Official Bonds” in which shall be recorded the official bonds of all

City officers, elective or appointive.

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

5.03 DUTIES: GENERAL. Each municipal officer shall exercise the

powers and perform the duties prescribed by law and this Code of Ordinances,

or as otherwise directed by the Council unless contrary to State law or City

charter.

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

5.04 BOOKS AND RECORDS. All books and records required to be kept

by law or ordinance shall be open to examination by the public upon request,

unless some other provisions of law expressly limit such right or require such

records to be kept confidential. Access to public records which are combined

with data processing software shall be in accordance with policies and

procedures established by the City.

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

5.05 TRANSFER TO SUCCESSOR. Each officer shall transfer to his or

her successor in office all books, papers, records, documents and property in the

officer’s custody and appertaining to that office.

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

5.06 MEETINGS. All meetings of the Council, any board or commission, or

any multi-membered body formally and directly created by any of the foregoing

bodies shall be held in accordance with the following:

1. Notice of Meetings. Reasonable notice, as defined by State law,

of the time, date and place of each meeting, and its tentative agenda shall

be given.

(Code of Iowa, Sec. 21.4)

2. Meetings Open. All meetings shall be held in open session unless

closed sessions are held as expressly permitted by State law.

(Code of Iowa, Sec. 21.3)

3. Minutes. Minutes shall be kept of all meetings showing the date,

time and place, the members present, and the action taken at each

meeting. The minutes shall show the results of each vote taken and

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information sufficient to indicate the vote of each member present. The

vote of each member present shall be made public at the open session.

The minutes shall be public records open to public inspection.

(Code of Iowa, Sec. 21.3)

4. Closed Session. A closed session may be held only by affirmative

vote of either two-thirds of the body or all of the members present at the

meeting and in accordance with Chapter 21 of the Code of Iowa.

(Code of Iowa, Sec. 21.5)

5. Cameras and Recorders. The public may use cameras or

recording devices at any open session.

(Code of Iowa, Sec. 21.7)

6. Electronic Meetings. A meeting may be conducted by electronic

means only in circumstances where such a meeting in person is

impossible or impractical and then only in compliance with the

provisions of Chapter 21 of the Code of Iowa.

(Code of Iowa, Sec. 21.8)

5.07 CONFLICT OF INTEREST. A City officer or employee shall not

have an interest, direct or indirect, in any contract or job of work or material or

the profits thereof or services to be furnished or performed for the City, unless

expressly permitted by law. A contract entered into in violation of this section

is void. The provisions of this section do not apply to:

(Code of Iowa, Sec. 362.5)

1. Compensation of Officers. The payment of lawful compensation

of a City officer or employee holding more than one City office or

position, the holding of which is not incompatible with another public

office or is not prohibited by law.

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

2. Investment of Funds. The designation of a bank or trust company

as a depository, paying agent, or for investment of funds.

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

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

serves as Treasurer of the City.

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

4. Stock Interests. Contracts in which a City officer or employee

has an interest solely by reason of employment, or a stock interest of the

kind described in subsection 8 of this section, or both, if the contracts are

made by competitive bid in writing, publicly invited and opened, or if

the remuneration of employment will not be directly affected as a result

of the contract and the duties of employment do not directly involve the

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procurement or preparation of any part of the contract. The competitive

bid qualification of this subsection does not apply to a contract for

professional services not customarily awarded by competitive bid.

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

5. Newspaper. The designation of an official newspaper.

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

6. Existing Contracts. A contract in which a City officer or

employee has an interest if the contract was made before the time the

officer or employee was elected or appointed, but the contract may not

be renewed.

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

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

volunteers.

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

8. Corporations. A contract with a corporation in which a City

officer or employee has an interest by reason of stock holdings when less

than five percent (5%) of the outstanding stock of the corporation is

owned or controlled directly or indirectly by the officer or employee or

the spouse or immediate family of such officer or employee.

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

9. Contracts. Contracts made by the City upon competitive bid in

writing, publicly invited and opened.

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

10. Cumulative Purchases. Contracts not otherwise permitted by this

section, for the purchase of goods or services which benefit a City officer

or employee, if the purchases benefiting that officer or employee do not

exceed a cumulative total purchase price of fifteen hundred dollars

($1500.00) in a fiscal year.

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

11. Franchise Agreements. Franchise agreements between the City

and a utility and contracts entered into by the City for the provision of

essential City utility services.

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

12. Third Party Contracts. A contract that is a bond, note or other

obligation of the City and the contract is not acquired directly from the

City but is acquired in a transaction with a third party who may or may

not be the original underwriter, purchaser or obligee of the contract.

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

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5.08 RESIGNATIONS. An elected officer who wishes to resign may do so

by submitting a resignation in writing to the Clerk so that it shall be properly

recorded and considered. A person who resigns from an elective office is not

eligible for appointment to the same office during the time for which the person

was elected, if during that time the compensation of the office has been

increased.

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

5.09 REMOVAL OF APPOINTED OFFICERS AND EMPLOYEES.

Except as otherwise provided by State or City law, all persons appointed to City

office or employment may be removed by the officer or body making the

appointment, but every such removal shall be by written order. The order shall

give the reasons, be filed in the office of the Clerk, and a copy shall be sent by

certified mail to the person removed, who, upon request filed with the Clerk

within thirty (30) days after the date of mailing the copy, shall be granted a

public hearing before the Council on all issues connected with the removal.

The hearing shall be held within thirty (30) days after the date the request is

filed, unless the person removed requests a later date.

(Code of Iowa, Sec. 372.15)

5.10 VACANCIES. A vacancy in an elective City office during a term of

office shall be filled, at the Council’s option, by one of the two following

procedures:

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

1. Appointment. By appointment following public notice by the

remaining members of the Council within forty (40) days after the

vacancy occurs, except that if the remaining members do not constitute a

quorum of the full membership, or if a petition is filed requesting an

election, the Council shall call a special election as provided by law.

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

2. Election. By a special election held to fill the office for the

remaining balance of the unexpired term as provided by law.

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

5.11 GIFTS. Except as otherwise provided in Chapter 68B of the Code of

Iowa, a public official, public employee or candidate, or that person’s

immediate family member, shall not, directly or indirectly, accept or receive

any gift or series of gifts from a “restricted donor” as defined in Chapter 68B

and a restricted donor shall not, directly or indirectly, individually or jointly

with one or more other restricted donors, offer or make a gift or a series of gifts

to a public official, public employee or candidate.

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

CHAPTER 5

OPERATING PROCEDURES

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CODE OF ORDINANCES, BLOOMFIELD, IOWA

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CHAPTER 6

CITY ELECTIONS

6.01 Nominating Method to be Used 6.04 Preparation of Petition and Affidavit

6.02 Nominations by Petition 6.05 Filing, Presumption, Withdrawals, Objections

6.03 Adding Name by Petition 6.06 Persons Elected

6.01 NOMINATING METHOD TO BE USED. All candidates for elective

municipal offices shall be nominated under the provisions of Chapter 45 of the

Code of Iowa.

(Code of Iowa, Sec. 376.3)

6.02 NOMINATIONS BY PETITION. Nominations for elective municipal

offices of the City may be made by nomination paper or papers signed by not

less than ten eligible electors, residents of the City.

(Code of Iowa, Sec. 45.1)

6.03 ADDING NAME BY PETITION. The name of a candidate placed

upon the ballot by any other method than by petition shall not be added by

petition for the same office.

(Code of Iowa, Sec. 45.2)

6.04 PREPARATION OF PETITION AND AFFIDAVIT. Nomination

papers shall include a petition and an affidavit of candidacy. The petition and

affidavit shall be substantially in the form prescribed by the State

Commissioner of Elections, shall include information required by the Code of

Iowa, and shall be signed in accordance with the Code of Iowa.

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

6.05 FILING, PRESUMPTION, WITHDRAWALS, OBJECTIONS. The

time and place of filing nomination petitions, the presumption of validity

thereof, the right of a candidate so nominated to withdraw and the effect of such

withdrawal, and the right to object to the legal sufficiency of such petitions, or

to the eligibility of the candidate, shall be governed by the appropriate

provisions of Chapter 44 of the Code of Iowa.

(Code of Iowa, Sec. 45.4)

6.06 PERSONS ELECTED. The candidates who receive the greatest

number of votes for each office on the ballot are elected, to the extent necessary

to fill the positions open.

(Code of Iowa, Sec. 376.8[3])

CHAPTER 6

CITY ELECTIONS

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CHAPTER 7

FISCAL MANAGEMENT

7.01 Purpose 7.05 Operating Budget Preparation

7.02 Finance Officer 7.06 Budget Amendments

7.03 Cash Control 7.07 Accounting

7.04 Fund Control 7.08 Financial Reports

7.01 PURPOSE. The purpose of this chapter is to establish policies and

provide for rules and regulations governing the management of the financial

affairs of the City.

7.02 FINANCE OFFICER. The Clerk is the finance and accounting officer

of the City and is responsible for the administration of the provisions of this

chapter.

7.03 CASH CONTROL. To assure the proper accounting and safe custody

of moneys the following shall apply:

1. Deposit of Funds. All moneys or fees collected for any purpose

by any City officer shall be deposited through the office of the finance

officer. If any said fees are due to an officer, they shall be paid to the

officer by check drawn by the finance officer and approved by the

Council only upon such officer’s making adequate reports relating

thereto as required by law, ordinance or Council directive.

2. Deposits and Investments. All moneys belonging to the City shall

be promptly deposited in depositories selected by the Council in amounts

not exceeding the authorized depository limitation established by the

Council or invested in accordance with the City’s written investment

policy and State law, including joint investments as authorized by

Section 384.21 of the Code of Iowa.

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

3. Petty Cash Fund. The finance officer shall be custodian of a petty

cash fund for the payment of small claims for minor purchases, collect-

on-delivery transportation charges and small fees customarily paid at the

time of rendering a service, for which payments the finance officer shall

obtain some form of receipt or bill acknowledged as paid by the vendor

or agent. At such time as the petty cash fund is approaching depletion,

the finance officer shall draw a check for replenishment in the amount of

the accumulated expenditures and said check and supporting detail shall

be submitted to the Council as a claim in the usual manner for claims

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FISCAL MANAGEMENT

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and charged to the proper funds and accounts. It shall not be used for

salary payments or other personal services or personal expenses.

7.04 FUND CONTROL. There shall be established and maintained separate

and distinct funds in accordance with the following:

1. Revenues. All moneys received by the City shall be credited to

the proper fund as required by law, ordinance or resolution.

2. Expenditures. No disbursement shall be made from a fund unless

such disbursement is authorized by law, ordinance or resolution, was

properly budgeted, and supported by a claim approved by the Council.

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

Emergency Fund.

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

4. Debt Service Fund. Except where specifically prohibited by State

law, moneys may be transferred from any other City fund to the Debt

Service Fund to meet payments of principal and interest. Such transfers

must be authorized by the original budget or a budget amendment.

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

5. Capital Improvements Reserve Fund. Except where specifically

prohibited by State law, moneys may be transferred from any City fund

to the Capital Improvements Reserve Fund. Such transfers must be

authorized by the original budget or a budget amendment.

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

6. Utility and Enterprise Funds. A surplus in a Utility or Enterprise

Fund may be transferred to any other City fund, except the Emergency

Fund and Road Use Tax Funds, by resolution of the Council. A surplus

may exist only after all required transfers have been made to any

restricted accounts in accordance with the terms and provisions of any

revenue bonds or loan agreements relating to the Utility or Enterprise

Fund. A surplus is defined as the cash balance in the operating account

or the unrestricted retained earnings calculated in accordance with

generally accepted accounting principles in excess of:

A. The amount of the expense of disbursements for operating

and maintaining the utility or enterprise for the preceding three

(3) months, and

B. The amount necessary to make all required transfers to

restricted accounts for the succeeding three (3) months.

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

CHAPTER 7

SCAL MANAGEMENT

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7. Balancing of Funds. Fund accounts shall be reconciled at the

close of each month and a report thereof submitted to the Council.

7.05 OPERATING BUDGET PREPARATION. The annual operating

budget of the City shall be prepared in accordance with the following:

1. Proposal Prepared. The finance officer is responsible for

preparation of the annual budget detail, for review by the Mayor and

Council and adoption by the Council in accordance with directives of the

Mayor and Council.

2. Boards and Commissions. All boards, commissions and other

administrative agencies of the City that are authorized to prepare and

administer budgets must submit their budget proposals to the finance

officer for inclusion in the proposed City budget at such time and in such

form as required by the Council.

3. Submission to Council. The finance officer shall submit the

completed budget proposal to the Council no later than February 15 of

each year.

4. Council Review. The Council shall review the proposed budget

and may make any adjustments in the budget which it deems appropriate

before accepting such proposal for publication, hearing and final

adoption.

5. Notice of Hearing. Upon adopting a proposed budget the Council

shall set a date for public hearing thereon to be held before March 15 and

cause notice of such hearing and a summary of the proposed budget to be

published not less than ten (10) nor more than twenty (20) days before

the date established for the hearing. Proof of such publication must be

filed with the County Auditor.

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

6. Copies of Budget on File. Not less than twenty (20) days before

the date that the budget must be certified to the County Auditor and not

less than ten (10) days before the public hearing, the Clerk shall make

available a sufficient number of copies of the detailed budget to meet the

requests of taxpayers and organizations, and have them available for

distribution at the offices of the Mayor and Clerk and at the City library.

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

7. Adoption and Certification. After the hearing, the Council shall

adopt, by resolution, a budget for at least the next fiscal year and the

Clerk shall certify the necessary tax levy for the next fiscal year to the

County Auditor and the County Board of Supervisors. The tax levy

certified may be less than, but not more than, the amount estimated in the

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FISCAL MANAGEMENT

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proposed budget. Two copies each of the detailed budget as adopted and

of the tax certificate must be transmitted to the County Auditor.

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

7.06 BUDGET AMENDMENTS. A City budget finally adopted for the

following fiscal year becomes effective July 1 and constitutes the City

appropriation for each program and purpose specified therein until amended as

provided by this section.

(Code of Iowa, Sec. 384.18)

1. Program Increase. Any increase in the amount appropriated to a

program must be prepared, adopted and subject to protest in the same

manner as the original budget.

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

2. Program Transfer. Any transfer of appropriation from one

program to another must be prepared, adopted and subject to protest in

the same manner as the original budget.

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

3. Activity Transfer. Any transfer of appropriation from one activity

to another activity within a program must be approved by resolution of

the Council.

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

4. Administrative Transfers. The finance officer shall have the

authority to adjust, by transfer or otherwise, the appropriations allocated

within a specific activity without prior Council approval.

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

7.07 ACCOUNTING. The accounting records of the City shall consist of

not less than the following:

1. Books of Original Entry. There shall be established and

maintained books of original entry to provide a chronological record of

cash received and disbursed.

2. General Ledger. There shall be established and maintained a

general ledger controlling all cash transactions, budgetary accounts and

for recording unappropriated surpluses.

3. Checks. Checks shall be prenumbered and signed by any two of

the following: the Mayor, Mayor Pro Tem, City Administrator or City

Clerk following Council approval, except the City Administrator shall

sign only in the absence of two of the above and except as provided by

Subsection 5 hereof. (Ord. 708 – Dec. 20 Supp.)

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4. Budget Accounts. There shall be established such individual

accounts to record receipts by source and expenditures by program and

activity as will provide adequate information and control for budgeting

purposes as planned and approved by the Council. Each individual

account shall be maintained within its proper fund and so kept that

receipts can be immediately and directly compared with revenue

estimates and expenditures can be related to the authorizing

appropriation. No expenditure shall be posted except to the

appropriation for the function and purpose for which the expense was

incurred.

5. Immediate Payment Authorized. The Council may by resolution

authorize the Clerk to issue checks for immediate payment of amounts

due, which if not paid promptly would result in loss of discount, penalty

for late payment or additional interest cost. Any such payments made

shall be reported to the Council for review and approval with and in the

same manner as other claims at the next meeting following such

payment. The resolution authorizing immediate payment shall specify

the type of payment so authorized and may include but is not limited to

payment of utility bills, contractual obligations, payroll and bond

principal and interest.

6. Utilities. The finance officer shall perform and be responsible for

accounting functions of the municipally owned utilities.

7.08 FINANCIAL REPORTS. The finance officer shall prepare and file the

following financial reports:

1. Monthly Reports. There shall be submitted to the Council each

month a report showing the activity and status of each fund, program,

sub-program and activity for the preceding month.

2. Annual Report. Not later than December 1 of each year there

shall be published an annual report containing a summary for the

preceding fiscal year of all collections and receipts, all accounts due the

City, and all expenditures, the current public debt of the City, and the

legal debt limit of the City for the current fiscal year. A copy of the

annual report must be filed with the Auditor of State not later than

December 1 of each year.

(Code of Iowa, Sec. 384.22)

CHAPTER 7

FISCAL MANAGEMENT

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CHAPTER 8

URBAN RENEWAL

EDITOR’S NOTE

The following ordinances not codified herein, and specifically saved from repeal, have

been adopted establishing Urban Renewal Areas in the City and remain in full force

and effect.

ORDINANCE NO. ADOPTED NAME OF AREA

499

1991

Bloomfield Urban Renewal Project Area

595

November 20, 2003

Bloomfield Urban Renewal Area Northwest

596

November 20, 2003

Bloomfield Urban Renewal Area Northeast

597

February 19, 2004

Bloomfield Urban Renewal Amended Area

CHAPTER 8

URBAN RENEWAL

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CODE OF ORDINANCES, BLOOMFIELD, IOWA

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CHAPTER 9

URBAN REVITALIZATION

EDITOR’S NOTE

The following ordinances not codified herein, and specifically saved from repeal, have

been adopted designating Urban Revitalization Areas in the City and remain in full

force and effect.

ORDINANCE NO. ADOPTED NAME OF AREA

553

August 2, 1995

Bloomfield Urban Revitalization Area

559

November 18, 1996

Annexed Area

CHAPTER 9

URBAN REVITALIZATION

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CHAPTER 15

MAYOR

15.01 Term of Office 15.04 Compensation

15.02 Powers and Duties 15.05 Voting

15.03 Appointments

15.01 TERM OF OFFICE. The Mayor is elected for a term of four years.

(Code of Iowa, Sec. 376.2)

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

follows:

1. Chief Executive Officer. Act as the chief executive officer of the

City and presiding officer of the Council, supervise all departments of the

City, give direction to department heads concerning the functions of the

departments, and have the power to examine all functions of the municipal

departments, their records and to call for special reports from department

heads at any time.

(Code of Iowa, Sec. 372.14[1])

2. Proclamation of Emergency. Have authority to take command of the

police and govern the City by proclamation, upon making a determination

that a time of emergency or public danger exists. Within the City limits, the

Mayor has all the powers conferred upon the Sheriff to suppress disorders.

(Code of Iowa, Sec. 372.14[2])

3. Special Meetings. Call special meetings of the Council when the

Mayor deems such meetings necessary to the interests of the City.

(Code of Iowa, Sec. 372.14[1])

4. Mayor’s Veto. Sign, veto or take no action on an ordinance,

amendment or resolution passed by the Council. The Mayor may veto an

ordinance, amendment or resolution within fourteen days after passage.

The Mayor shall explain the reasons for the veto in a written message to the

Council at the time of the veto.

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

5. Reports to Council. Make such oral or written reports to the Council

as required. These reports shall concern municipal affairs generally, the

municipal departments, and recommendations suitable for Council action.

6. Negotiations. Represent the City in all negotiations properly entered

into in accordance with law or ordinance. The Mayor shall not represent

the City where this duty is specifically delegated to another officer by law,

ordinance, or Council direction.

CHAPTER 15

MAYOR

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

behalf of the City.

8. Professional Services. Upon order of the Council, secure for the

City such specialized and professional services not already available to the

City. In executing the order of the Council, the Mayor shall act in

accordance with the Code of Ordinances and the laws of the State.

9. Licenses and Permits. Sign all licenses and permits which have

been granted by the Council, except those designated by law or ordinance to

be issued by another municipal officer.

10. Nuisances. Issue written order for removal, at public expense, any

nuisance for which no person can be found responsible and liable.

11. Absentee Officer. Make appropriate provision that duties of any

absentee officer be carried on during such absence.

15.03 APPOINTMENTS. The Mayor shall appoint the following officials:

(Code of Iowa, Sec. 372.4)

1. Mayor Pro Tem

2. Police Chief

3. Library Board of Trustees

4. Parks and Recreation Board

5. Cemetery Board of Trustees

6. Zoning Board of Adjustment

15.04 COMPENSATION. The salary of the Mayor is fixed at the sum of three

thousand dollars ($3,000.00) per year, payable in four equal quarterly installments

of $750.00 each, due on the first days of January, April, July and October of each

year. In addition to the annual salary, the Mayor shall be paid the sum of thirty-

five dollars ($35.00) for each meeting of the Council over which the Mayor

presides. Effective January 1, 2010, the salary of the Mayor is fixed at the sum of

three thousand dollars ($3,000.00) per year, payable in four equal quarterly

installments of $750.00 each, due on the first days of January, April, July and

October of each year. In addition to the annual salary, the Mayor shall be paid the

sum of fifty dollars ($50.00) for each meeting of the Council over which the Mayor

presides. (Ord. 643 – Oct. 09 Supp.)

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

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

as a member of the Council.

(Code of Iowa, Sec. 372.4)

CODE OF ORDINANCES, BLOOMFIELD, IOWA

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CHAPTER 16

MAYOR PRO TEM

16.01 Vice President of Council 16.03 Voting Rights

16.02 Powers and Duties 16.04 Compensation

16.01 VICE PRESIDENT OF COUNCIL. The Mayor Pro Tem is vice

president of the Council.

(Code of Iowa, Sec. 372.14[3])

16.02 POWERS AND DUTIES. Except for the limitations otherwise

provided herein, the Mayor Pro Tem shall perform the duties of the Mayor in

cases of absence or inability of the Mayor to perform such duties. In the

exercise of the duties of the office the Mayor Pro Tem shall not have power to

appoint, employ or discharge from employment, officers or employees that the

Mayor has the power to appoint, employ or discharge without the approval of

the Council.

(Code of Iowa, Sec. 372.14[3])

16.03 VOTING RIGHTS. The Mayor Pro Tem shall have the right to vote

as a member of the Council.

(Code of Iowa, Sec. 372.14[3])

16.04 COMPENSATION. If the Mayor Pro Tem performs the duties of the

Mayor during the Mayor’s absence or disability for a continuous period of

fifteen (15) days or more, the Mayor Pro Tem may be paid for that period the

compensation as determined by the Council, based upon the Mayor Pro Tem’s

performance of the Mayor’s duties and upon the compensation of the Mayor.

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

CHAPTER 16

MAYOR PRO TEM

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CHAPTER 17

COUNCIL

17.01 Number and Term of Council 17.04 Council Meetings

17.02 Powers and Duties 17.05 Appointments

17.03 Exercise of Power 17.06 Compensation

17.01 NUMBER AND TERM OF COUNCIL. The Council consists of two

Council Members elected at large and one Council Member from each of three

wards as established by the Code of Ordinances, elected for overlapping terms

of four years.

17.02 POWERS AND DUTIES. The powers and duties of the Council

include, but are not limited to the following:

1. General. All powers of the City are vested in the Council except

as otherwise provided by law or ordinance.

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

2. Wards. By ordinance, the Council may divide the City into wards

based upon population, change the boundaries of wards, eliminate wards

or create new wards.

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

3. Fiscal Authority. The Council shall apportion and appropriate all

funds, and audit and allow all bills, accounts, payrolls and claims, and

order payment thereof. It shall make all assessments for the cost of

street improvements, sidewalks, sewers and other work, improvement or

repairs which may be specially assessed.

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

4. Public Improvements. The Council shall make all orders for the

construction of any improvements, bridges or buildings.

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

5. Contracts. The Council shall make or authorize the making of all

contracts. No contract shall bind or be obligatory upon the City unless

adopted by resolution of the Council.

(Code of Iowa, Sec. 384.100)

CHAPTER 17

COUNCIL

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6. Employees. The Council shall authorize, by resolution, the

number, duties, term of office and compensation of employees or

officers not otherwise provided for by State law or the Code of

Ordinances.

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

7. Setting Compensation for Elected Officers. By ordinance, the

Council shall prescribe the compensation of the Mayor, Council

members, and other elected City officers, but a change in the

compensation of the Mayor does not become effective during the term in

which the change is adopted, and the Council shall not adopt such an

ordinance changing the compensation of any elected officer during the

months of November and December in the year of a regular City

election. A change in the compensation of Council members becomes

effective for all Council members at the beginning of the term of the

Council members elected at the election next following the change in

compensation.

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

17.03 EXERCISE OF POWER. The Council shall exercise a power only

by the passage of a motion, a resolution, an amendment or an ordinance in the

following manner:

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

1. Action by Council. Passage of an ordinance, amendment or

resolution requires a majority vote of all of the members of the Council.

Passage of a motion requires a majority vote of a quorum of the Council.

A resolution must be passed to spend public funds in excess of twenty-

five thousand dollars ($25,000.00) on any one project, or to accept

public improvements and facilities upon their completion. Each Council

member’s vote on a measure must be recorded. A measure which fails

to receive sufficient votes for passage shall be considered defeated.

(Code of Iowa, Sec. 380.4)

2. Overriding Mayor’s Veto. Within thirty (30) days after the

Mayor’s veto, the Council may pass the measure again by a vote of not

less than two-thirds of all of the members of the Council.

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

3. Measures Become Effective. Measures passed by the Council

become effective in one of the following ways:

A. An ordinance or amendment signed by the Mayor becomes

effective when the ordinance or a summary of the ordinance is

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COUNCIL

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published, unless a subsequent effective date is provided within

the ordinance or amendment.

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

B. A resolution signed by the Mayor becomes effective

immediately upon signing.

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

C. A motion becomes effective immediately upon passage of

the motion by the Council.

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

D. If the Mayor vetoes an ordinance, amendment or resolution

and the Council repasses the measure after the Mayor’s veto, a

resolution becomes effective immediately upon repassage, and an

ordinance or amendment becomes a law when the ordinance or a

summary of the ordinance is published, unless a subsequent

effective date is provided within the ordinance or amendment.

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

E. If the Mayor takes no action on an ordinance, amendment

or resolution, a resolution becomes effective fourteen (14) days

after the date of passage, and an ordinance or amendment

becomes law when the ordinance or a summary of the ordinance

is published, but not sooner than 14 days after the date of passage,

unless a subsequent effective date is provided within the

ordinance or amendment.

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

“All of the members of the Council” refers to all of the seats of the Council

including a vacant seat and a seat where the member is absent, but does not

include a seat where the Council member declines to vote by reason of a

conflict of interest.

(Code of Iowa, Sec. 380.4)

17.04 COUNCIL MEETINGS. Procedures for giving notice of meetings of

the Council and other provisions regarding the conduct of Council meetings are

contained in Section 5.06 of this Code of Ordinances. Additional particulars

relating to Council meetings are the following:

1. Regular Meetings. The City Council meets in regular session on

the first and third Thursday of each month at 7:00 p.m. All such regular

meetings will be held at such place as the City Council elects in its

discretion to hold regular meetings. Reasonable notice, as defined by

State law, shall be provided regarding the place of each meeting. In the

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event a regular meeting falls on a legal holiday, then said regular

meeting shall not be held. (Ord. 694 – Aug. 19 Supp.)

2. Special Meetings. Special meetings shall be held upon call of the

Mayor or upon the written request of a majority of the members of the

Council submitted to the Clerk. Notice of a special meeting shall specify

the date, time, place and subject of the meeting and such notice shall be

given personally or left at the usual place of residence of each member of

the Council. A record of the service of notice shall be maintained by the

Clerk.

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

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

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

4. Rules of Procedure. The Council shall determine its own rules

and maintain records of its proceedings.

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

5. Compelling Attendance. Any three members of the Council can

compel the attendance of the absent members at any regular, adjourned

or duly called meeting, by serving a written notice upon the absent

members to attend at once.

17.05 APPOINTMENTS. The Council shall appoint the following officials

and prescribe their powers, duties, compensation and term of office:

1. City Clerk

2. City Attorney

3. Fire Chief

4. Planning and Zoning Commission

5. Historic Preservation Commission

6. Airport Commission

7. Airport Zoning Commission Members

8. Airport Zoning Board of Adjustment Members

17.06 COMPENSATION. Each member of the Council shall receive as

compensation for attendance at any regular or special meeting of the Council

the sum of fifty dollars ($50.00).

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

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CHAPTER 18

CITY CLERK

18.01 Appointment and Compensation 18.08 Records

18.02 Powers and Duties: General 18.09 Attendance at Meetings

18.03 Publication of Minutes 18.10 Issue Licenses and Permits

18.04 Recording Measures 18.11 Notify Appointees

18.05 Publication 18.12 Elections

18.06 Authentication 18.13 City Seal

18.07 Certify Measures

18.01 APPOINTMENT AND COMPENSATION. At its first meeting in

January following the regular city election the Council shall appoint by

majority vote a City Clerk to serve for a term of two years. The Clerk shall

receive such compensation as established by resolution of the Council.

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

18.02 POWERS AND DUTIES: GENERAL. The Clerk, or in the Clerk’s

absence or inability to act, the Deputy Clerk, has the powers and duties as

provided in this chapter, this Code of Ordinances and the law.

18.03 PUBLICATION OF MINUTES. The Clerk shall attend all regular

and special Council meetings and within fifteen (15) days following a regular or

special meeting shall cause the minutes of the proceedings thereof to be

published. Such publication shall include a list of all claims allowed and a

summary of all receipts and shall show the gross amount of the claim.

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

18.04 RECORDING MEASURES. The Clerk shall promptly record each

measure considered by the Council and record a statement with the measure,

where applicable, indicating whether the Mayor signed, vetoed or took no action

on the measure, and whether the measure was repassed after the Mayor’s veto.

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

18.05 PUBLICATION. The Clerk shall cause to be published all

ordinances, enactments, proceedings and official notices requiring publication

as follows:

1. Time. If notice of an election, hearing, or other official action is

required by this Code of Ordinances or law, the notice must be published

at least once, not less than four (4) nor more than twenty (20) days

before the date of the election, hearing or other action, unless otherwise

provided by law.

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

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2. Manner of Publication. A publication required by this Code of

Ordinances or law must be in a newspaper published at least once

weekly and having general circulation in the City.

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

18.06 AUTHENTICATION. The Clerk shall authenticate all measures

except motions with the Clerk’s signature, certifying the time and manner of

publication when required.

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

18.07 CERTIFY MEASURES. The Clerk shall certify all measures

establishing any zoning district, building lines, or fire limits and a plat showing

the district, lines, or limits to the recorder of the County containing the affected

parts of the City.

(Code of Iowa, Sec. 380.11)

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

following manner:

1. Ordinances and Codes. Maintain copies of all effective City

ordinances and codes for public use.

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

2. Custody. Have custody and be responsible for the safekeeping of

all writings or documents in which the City is a party in interest unless

otherwise specifically directed by law or ordinance.

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

3. Maintenance. Maintain all City records and documents, or

accurate reproductions, for at least five (5) years except that ordinances,

resolutions, Council proceedings, records and documents, or accurate

reproductions, relating to the issuance, cancellation, transfer, redemption

or replacement of public bonds or obligations shall be kept for at least

eleven (11) years following the final maturity of the bonds or

obligations. Ordinances, resolutions, Council proceedings, records and

documents, or accurate reproductions, relating to real property

transactions shall be maintained permanently.

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

4. Provide Copy. Furnish upon request to any municipal officer a

copy of any record, paper or public document under the Clerk’s control

when it may be necessary to such officer in the discharge of such

officer’s duty; furnish a copy to any citizen when requested upon

payment of the fee set by Council resolution; under the direction of the

Mayor or other authorized officer, affix the seal of the City to those

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public documents or instruments which by ordinance and Code of

Ordinances are required to be attested by the affixing of the seal.

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

5. Filing of Communications. Keep and file all communications and

petitions directed to the Council or to the City generally. The Clerk shall

endorse thereon the action of the Council taken upon matters considered

in such communications and petitions.

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

18.09 ATTENDANCE AT MEETINGS. At the direction of the Council,

the Clerk shall attend meetings of committees, boards and commissions. The

Clerk shall record and preserve a correct record of the proceedings of such

meetings.

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

18.10 ISSUE LICENSES AND PERMITS. The Clerk shall issue or revoke

licenses and permits when authorized by this Code of Ordinances, and keep a

record of licenses and permits issued which shall show date of issuance, license

or permit number, official receipt number, name of person to whom issued,

term of license or permit and purpose for which issued.

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

18.11 NOTIFY APPOINTEES. The Clerk shall inform all persons

appointed by the Mayor or Council to offices in the City government of their

positions and the time at which they shall assume the duties of their offices.

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

18.12 ELECTIONS. The Clerk shall perform the following duties relating to

elections and nominations:

1. Certify to the County Commissioner of Elections the type of

nomination process to be used by the City no later than ninety (90) days

before the date of the regular City election.

(Code of Iowa, Sec. 376.6)

2. Accept the nomination petition of a candidate for a City office for

filing if on its face it appears to have the requisite number of signatures

and is timely filed.

(Code of Iowa, Sec. 376.4)

3. Designate other employees or officials of the City who are

ordinarily available to accept nomination papers if the Clerk is not

readily available during normal working hours.

(Code of Iowa, Sec. 376.4)

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4. Note upon each petition and affidavit accepted for filing the date

and time that the petition was filed.

(Code of Iowa, Sec. 376.4)

5. Deliver all nomination petitions, together with the text of any

public measure being submitted by the Council to the electorate, to the

County Commissioner of Elections not later than 5:00 p.m. on the day

following the last day on which nomination petitions can be filed.

(Code of Iowa, Sec. 376.4)

18.13 CITY SEAL. The City seal is in the custody of the Clerk and shall be

attached by the Clerk to all transcripts, orders and certificates which it may be

necessary or proper to authenticate.

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CHAPTER 18A

CITY ADMINISTRATOR

18A.01 Appointment and Term 18A.03 Administrative Responsibility

18A.01 Compensation 18A.04 Duties

18A.01 APPOINTMENT AND TERM. The Council shall appoint by

majority vote a City Administrator to serve at the discretion of the Council.

18A.02 COMPENSATION. The City Administrator shall receive such

annual salary as the Council shall from time to time determine by resolution.

18A.03 ADMINISTRATIVE RESPONSIBILITY. The City Administrator

is directly responsible to the Council for the administration of municipal affairs

as directed by that body. All City departmental administration requiring the

attention of the Council shall be brought before the Council by the City

Administrator.

18A.04 DUTIES. The duties of the City Administrator are as follows:

1. Supervise enforcement and execution of the City laws.

2. Prepare the annual budget, present it to the Council, and

administer the Council-approved budget.

3. Attend all meetings of the Council, unless excused by a majority

of the Council.

4. Recommend to the Council such measures as may be necessary or

expedient for the good government and welfare of the City.

5. Have the general supervision and direction of the administration

of the City government.

6. Supervise and direct the official conduct of all officers,

departments and employees of the City. Appoint and, when necessary,

suspend or remove all officers and employees of the City except those

officers and employees whose appointment, suspension or removal is

otherwise provided for by law or ordinance.

7. Supervise the performance of all contracts for work to be done for

the City, supervise all purchases of materials and supplies and see that

such material and supplies are received and are of the quality and

character called for by the contract.

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8. Supervise the construction, improvement, repair, maintenance,

and management of all City property, capital improvements and

undertakings of the City, including the making and preservation of all

surveys, maps, plans, drawings, specifications, and estimates for capital

improvements.

9. Investigate the affairs and conduct of any department, agency,

officer or employee under the supervision of the City Administrator.

10. Provide for and cause records to be kept of the issuance and

revocation of businesses and permits authorized by City law.

11. Recommend to the Council such measures as may be necessary or

expedient for the good government and welfare of the City.

12. Keep the Council fully advised of the financial and other

conditions of the City and of its future needs.

13. Conduct the business affairs of the City and cause accurate

records to be kept by modern and efficient accounting methods.

14. Perform other duties as the Mayor and Council may direct.

(Ch. 18A – Ord. 704 – Dec. 20 Supp.)

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CHAPTER 19

CITY TREASURER

19.01 Appointment 19.03 Duties of Treasurer

19.02 Compensation

19.01 APPOINTMENT. The City Clerk is the Treasurer and performs all

functions required of the position of Treasurer.

19.02 COMPENSATION. The Clerk receives no additional compensation

for performing the duties of the Treasurer.

19.03 DUTIES OF TREASURER. The duties of the Treasurer are as

follows:

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

1. Custody of Funds. Be responsible for the safe custody of all

funds of the City in the manner provided by law, and Council direction.

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

3. Record Receipts. Keep an accurate record of all money or

securities received by the Treasurer on behalf of the City and specify the

date, from whom, and for what purpose received.

4. Record Disbursements. Keep an accurate account of all

disbursements, money or property, specifying date, to whom, and from

what fund paid.

5. Special Assessments. Keep a separate account of all money

received by the Treasurer from special assessments.

6. Deposit Funds. Upon receipt of moneys to be held in the

Treasurer’s custody and belonging to the City, deposit the same in

depositories selected by the Council.

7. Reconciliation. Reconcile depository statements with the

Treasurer’s books and certify monthly to the Council the balance of cash

and investments of each fund and amounts received and disbursed.

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

all payments of interest and principal.

9. Other Duties. Perform such other duties as specified by the

Council by resolution or ordinance.

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CHAPTER 20

CITY ATTORNEY

20.01 Appointment and Compensation 20.06 Provide Legal Opinion

20.02 Attorney for City 20.07 Attendance at Council Meetings

20.03 Power of Attorney 20.08 Prepare Documents

20.04 Ordinance Preparation 20.09 Representation of City Employees

20.05 Review and Comment

20.01 APPOINTMENT AND COMPENSATION. The Council shall

appoint by majority vote a City Attorney to serve for a term of two years. The

City Attorney shall receive such compensation as established by resolution of

the Council.

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

20.02 ATTORNEY FOR CITY. The City Attorney shall act as attorney for

the City in all matters affecting the City’s interest and appear on behalf of the

City before any court, tribunal, commission or board. The City Attorney shall

prosecute or defend all actions and proceedings when so requested by the

Mayor or Council.

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

20.03 POWER OF ATTORNEY. The City Attorney shall sign the name of

the City to all appeal bonds and to all other bonds or papers of any kind that

may be essential to the prosecution of any cause in court, and when so signed

the City shall be bound upon the same.

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

20.04 ORDINANCE PREPARATION. The City Attorney shall prepare

those ordinances which the Council may desire and direct to be prepared and

report to the Council upon all such ordinances before their final passage by the

Council and publication.

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

20.05 REVIEW AND COMMENT. The City Attorney shall, upon request,

make a report to the Council giving an opinion on all contracts, documents,

resolutions, or ordinances submitted to or coming under the City Attorney’s

notice.

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

20.06 PROVIDE LEGAL OPINION. The City Attorney shall give advice

or a written legal opinion on City contracts and all questions of law relating to

City matters submitted by the Mayor or Council.

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

20.07 ATTENDANCE AT COUNCIL MEETINGS. The City Attorney

shall attend meetings of the Council at the request of the Mayor or Council.

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

20.08 PREPARE DOCUMENTS. The City Attorney shall, upon request,

formulate drafts for contracts, forms and other writings which may be required

for the use of the City.

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

20.09 REPRESENTATION OF CITY EMPLOYEES. The City Attorney

shall not appear on behalf of any City officer 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 Council, appear to defend any City

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.

(Code of Iowa, Sec. 670.8)

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CHAPTER 21

LIBRARY BOARD OF TRUSTEES

21.01 Public Library 21.07 Nonresident Use

21.02 Library Trustees 21.08 Expenditures

21.03 Qualifications of Trustees 21.09 Annual Report

21.04 Organization of the Board 21.10 Injury to Books or Property

21.05 Powers and Duties 21.11 Theft

21.06 Contracting with Other Libraries 21.12 Notice Posted

21.01 PUBLIC LIBRARY. The public library for the City is known as the

Bloomfield Public Library. It is referred to in this chapter as the Library.

21.02 LIBRARY TRUSTEES. The Board of Trustees of the Library,

hereinafter referred to as the Board, consists of nine resident members. All

members are to be appointed by the Mayor with the approval of the Council.

21.03 QUALIFICATIONS OF (Bloomfield Public Library Board)

TRUSTEES. All members of the Board shall be bona fide citizens and

residents of the City and County. Members shall be over the age of eighteen

(18) years. (Ord. 684 – Oct. 16 Supp.)

21.04 ORGANIZATION OF THE BOARD. The organization of the Board

shall be as follows:

1. Term of Office. All appointments to the Board shall be for six

years, except to fill vacancies. Each term shall commence on July 1.

Appointments shall be made every two years of one-third the total

number or as near as possible, to stagger the terms.

2. Vacancies. The position of any Trustee shall be vacated if such

member moves permanently from the City and shall be deemed vacated

if such member is absent from six (6) consecutive regular meetings of

the Board, except in the case of sickness or temporary absence from the

City. Vacancies in the Board shall be filled in the same manner as an

original appointment except that the new Trustee shall fill out the

unexpired term for which the appointment is made.

3. Compensation. Trustees shall receive no compensation for their

services.

21.05 POWERS AND DUTIES. The Board shall have and exercise the

following powers and duties:

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1. Officers. To meet and elect from its members a President, a

Secretary, and such other officers as it deems necessary.

2. Physical Plant. To have charge, control and supervision of the

Library, its appurtenances, fixtures and rooms containing the same.

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

4. Hiring of Personnel. To employ a librarian, and authorize the

librarian to employ such assistants and employees as may be necessary

for the proper management of the Library, and fix their compensation;

provided, however, that prior to such employment, the compensation of

the librarian, assistants and employees shall have been fixed and

approved by a majority of the members of the Board voting in favor

thereof.

5. Removal of Personnel. To remove the librarian, by a two-thirds

vote of the Board, and provide procedures for the removal of the

assistants or employees for misdemeanor, incompetence or inattention to

duty, subject however, to the provisions of Chapter 35C of the Code of

Iowa.

6. Purchases. To select, or authorize the librarian to select, and

make purchases of books, pamphlets, magazines, periodicals, papers,

maps, journals, other Library materials, furniture, fixtures, stationery and

supplies for the Library within budgetary limits set by the Board.

7. Use by Nonresidents. To authorize the use of the Library by

nonresidents and to fix charges therefor unless a contract for free service

exists.

8. Rules and Regulations. To make and adopt, amend, modify or

repeal rules and regulations, not inconsistent with this Code of

Ordinances and the law, for the care, use, government and management

of the Library and the business of the Board, fixing and enforcing

penalties for violations.

9. Expenditures. To have exclusive control of the expenditure of all

funds allocated for Library purposes by the Council, and of all moneys

available by gift or otherwise for the erection of Library buildings, and

of all other moneys belonging to the Library including fines and rentals

collected under the rules of the Board.

10. Gifts. To accept gifts of real property, personal property, or

mixed property, and devises and bequests, including trust funds; to take

the title to said property in the name of the Library; to execute deeds and

bills of sale for the conveyance of said property; and to expend the funds

received by them from such gifts, for the improvement of the Library.

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11. Enforce the Performance of Conditions on Gifts. To enforce the

performance of conditions on gifts, donations, devises and bequests

accepted by the City on behalf of the Library.

(Code of Iowa, Ch. 661)

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

13. County Historical Association. To have authority to make

agreements with the local County historical association where such

exists, and to set apart the necessary room and to care for such articles as

may come into the possession of the association. The Trustees are

further authorized to purchase necessary receptacles and materials for the

preservation and protection of such articles as are in their judgment of a

historical and educational nature and pay for the same out of funds

allocated for Library purposes.

21.06 CONTRACTING WITH OTHER LIBRARIES. The Board has

power to contract with other libraries in accordance with the following:

1. Contracting. The Board may contract with any other boards of

trustees of free public libraries, with any other city, school corporation,

private or semiprivate organization, institution of higher learning,

township, or County, or with the trustees of any County library district

for the use of the Library by their respective residents.

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

2. Termination. Such a contract may be terminated at any time by

mutual consent of the contracting parties. It also may be terminated by a

majority vote of the electors represented by either of the contracting

parties. Such a termination proposition shall be submitted to the electors

by the governing body of a contracting party on a written petition of not

less than five percent (5%) in number of the electors who voted for

governor in the territory of the contracting party at the last general

election. The petition must be presented to the governing body not less

than forty (40) days before the election. The proposition may be

submitted at any election provided by law that is held in the territory of

the party seeking to terminate the contract.

21.07 NONRESIDENT USE. The Board may authorize the use of the

Library by persons not residents of the City or County in any one or more of the

following ways:

1. Lending. By lending the books or other materials of the Library

to nonresidents on the same terms and conditions as to residents of the

City, or County, or upon payment of a special nonresident Library fee.

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2. Depository. By establishing depositories of Library books or

other materials to be loaned to nonresidents.

3. Bookmobiles. By establishing bookmobiles or a traveling library

so that books or other Library materials may be loaned to nonresidents.

4. Branch Library. By establishing branch libraries for lending

books or other Library materials to nonresidents.

21.08 EXPENDITURES. All money appropriated by the Council for the

operation and maintenance of the Library shall be set aside in an account for the

Library. Expenditures shall be paid for only on orders of the Board, signed by

its President and Secretary.

(Code of Iowa, Sec. 384.20 & 392.5)

21.09 ANNUAL REPORT. The Board shall make a report to the Council

immediately after the close of the fiscal year. This report shall contain

statements as to the condition of the Library, the number of books added, the

number circulated, the amount of fines collected, and the amount of money

expended in the maintenance of the Library during the year, together with such

further information as may be required by the Council.

21.10 INJURY TO BOOKS OR PROPERTY. It is unlawful for a person

willfully, maliciously or wantonly to tear, deface, mutilate, injure or destroy, in

whole or in part, any newspaper, periodical, book, map, pamphlet, chart, picture

or other property belonging to the Library or reading room.

(Code of Iowa, Sec. 716.1)

21.11 THEFT. No person shall take possession or control of property of the

Library with the intent to deprive the Library thereof.

(Code of Iowa, Sec. 714.1)

21.12 NOTICE POSTED. There shall be posted in clear public view within

the Library notices informing the public of the following:

1. Failure To Return. Failure to return Library materials for two

months or more after the date the person agreed to return the Library

materials, or failure to return Library equipment for one month or more

after the date the person agreed to return the Library equipment, is

evidence of intent to deprive the owner, provided a reasonable attempt,

including the mailing by restricted certified mail of notice that such

material or equipment is overdue and criminal actions will be taken, has

been made to reclaim the materials or equipment.

(Code of Iowa, Sec. 714.5)

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2. Detention and Search. Persons concealing Library materials may

be detained and searched pursuant to law.

(Code of Iowa, Sec. 808.12)

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CHAPTER 22

PLANNING AND ZONING COMMISSION

22.01 Planning and Zoning Commission 22.04 Compensation

22.02 Term of Office 22.05 Powers and Duties

22.03 Vacancies

22.01 PLANNING AND ZONING COMMISSION. The City Planning and

Zoning Commission, hereinafter referred to as the Commission, consists of five

members appointed by the Council. The Commission members shall be

residents of the City and shall not hold any elective office in the City

government.

(Code of Iowa, Sec. 414.6 & 392.1)

22.02 TERM OF OFFICE. The term of office of the members of the

Commission shall be five years. The terms of not more than one-third of the

members will expire in any one year.

(Code of Iowa, Sec. 392.1)

22.03 VACANCIES. If any vacancy exists on the Commission caused by

resignation, or otherwise, a successor for the residue of the term shall be

appointed in the same manner as the original appointee.

(Code of Iowa, Sec. 392.1)

22.04 COMPENSATION. All members of the Commission shall serve

without compensation, except their actual expenses, which shall be subject to

the approval of the Council.

(Code of Iowa, Sec. 392.1)

22.05 POWERS AND DUTIES. The Commission shall have and exercise

the following powers and duties:

1. Selection of Officers. The Commission shall choose annually at

its first regular meeting one of its members to act as Chairperson and

another as Vice Chairperson, who shall perform all the duties of the

Chairperson during the Chairperson’s absence or disability.

(Code of Iowa, Sec. 392.1)

2. Adopt Rules and Regulations. The Commission shall adopt such

rules and regulations governing its organization and procedure as it may

deem necessary.

(Code of Iowa, Sec. 392.1)

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3. Zoning. The Commission shall have and exercise all the powers

and duties and privileges in establishing the City zoning regulations and

other related matters and may from time to time recommend to the

Council amendments, supplements, changes or modifications, all as

provided by Chapter 414 of the Code of Iowa.

(Code of Iowa, Sec. 414.6)

4. Recommendations of Improvements. No statuary, memorial or

work of art in a public place, and no public building, bridge, viaduct,

street fixtures, public structure or appurtenances, shall be located or

erected, or site therefor obtained, nor shall any permit be issued by any

department of the City for the erection or location thereof until and

unless the design and proposed location of any such improvement shall

have been submitted to the Commission and its recommendations

thereon obtained, except such requirements and recommendations shall

not act as a stay upon action for any such improvement when the

Commission after thirty (30) days’ written notice requesting such

recommendations, shall have failed to file same.

(Code of Iowa, Sec. 392.1)

5. Review and Comment on Plats. All plans, plats, or re-plats of

subdivision or re-subdivisions of land embraced in the City or adjacent

thereto, laid out in lots or plats with the streets, alleys, or other portions

of the same intended to be dedicated to the public in the City, shall first

be submitted to the Commission and its recommendations obtained

before approval by the Council.

(Code of Iowa, Sec. 392.1)

6. Review and Comment of Street and Park Improvements. No plan

for any street, park, parkway, boulevard, traffic-way, river front, or other

public improvement affecting the City plan shall be finally approved by

the City or the character or location thereof determined, unless such

proposal shall first have been submitted to the Commission and the

Commission shall have had thirty (30) days within which to file its

recommendations thereon.

(Code of Iowa, Sec. 392.1)

7. Fiscal Responsibilities. The Commission shall have full,

complete and exclusive authority to expend for and on behalf of the City

all sums of money appropriated to it, and to use and expend all gifts,

donations or payments whatsoever which are received by the City for

City planning and zoning purposes.

(Code of Iowa, Sec. 392.1)

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8. Limitation on Entering Contracts. The Commission shall have no

power to contract debts beyond the amount of its original or amended

appropriation as approved by the Council for the present year.

(Code of Iowa, Sec. 392.1)

9. Annual Report. The Commission shall each year make a report to

the Mayor and Council of its proceedings, with a full statement of its

receipts, disbursements and the progress of its work during the preceding

fiscal year.

(Code of Iowa, Sec. 392.1)

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CHAPTER 23

PARKS AND RECREATION BOARD

23.01 Parks and Recreation Board Created 23.04 Reports

23.02 Board Organization 23.05 Rules

23.03 Duties of the Board

23.01 PARKS AND RECREATION BOARD CREATED. A Parks and

Recreation Board is hereby created to advise the Council on the needed

facilities to provide open space such as parks, playgrounds and community

facilities for other forms of recreation. It shall also plan and oversee City

programs and encourage other programs to enhance the leisure time activities of

the City’s residents of all ages.

23.02 BOARD ORGANIZATION. The Board shall consist of five

members, four that are residents of the City, one that is a resident of Davis

County, appointed by the Mayor with the approval of the Council, for

overlapping terms of five years. The Board shall choose from its membership

a Chairperson. Vice Chairperson and Secretary every two years. Members shall

serve without compensation, but may receive reimbursement for expenses

incurred in the performance of their duties. Vacancies shall be filled in the

same manner as the original appointment for the balance of the term.

(Ord. 682 – Oct. 16 - Supp.)

23.03 DUTIES OF THE BOARD. In addition to its duty to make a plan for

recreation and for the facilities for recreation, and to update and revise these

plans as required, the Board has authority over the properties and personnel

devoted to parks and recreation, subject to the limitation of expenditures for

salaries and supplies, contracts and capital outlays set forth in the annual budget

provided by the Council for parks and recreation operations. The Board shall

cooperate with the Mayor in the allotment of time of City employees for parks

and recreation purposes. The Chairperson shall order supplies by the

procedures established by the Council for all departments of the City, and

payment will be made by check written by the Clerk for invoices submitted and

approved by the Board.

23.04 REPORTS. The Board shall make written reports to the Council of its

activities from time to time as it deems advisable, or upon Council request. Its

revenues and expenditures shall be reported monthly by the Clerk in the manner

of other departmental expenditures, and a copy shall be provided to each

member of the Board and in the Clerk’s report to the Council.

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23.05 RULES. The Board has the power to make rules and regulations for

the use of parks or other recreational facilities or for the conduct of recreation

programs, subject to the approval of the rules by the Council. Such rules shall

be either posted on the facility or otherwise publicized in a manner to provide

adequate notice to the using public. Violation of a rule or regulation so posted

or publicized may be cause for denial of use of the facility or if it is a violation

of this Code of Ordinances may be prosecuted as a simple misdemeanor.

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24.01 Purpose and Intent 24.15 Certificate of Appropriateness Hearings

24.02 Definitions 24.16 Approval Required

24.03 Commission Membership 24.17 Appeals

24.04 Powers and Duties 24.18 Fees

24.05 Operating Procedures 24.19 Property Maintenance Required

24.06 Commission Meetings 24.20 Design Standards and Guidelines

24.07 Annual Report 24.21 Unsafe or Dangerous Conditions Exempted

24.08 Commission Training 24.22 Principles for Review

24.09 Designation of Historic Landmarks 24.23 Economic Hardship

24.10 Designation of Historic Districts 24.24 Demolition Procedures

24.11 Amending and

Repealing Designations

24.25 Emergenc

y Demolition

24.12 Bloomfield Courthouse Square Commercial District

24.26 Waiver

24.13 Certificate of Appropriateness Required

24.27 Violations

24.14 Certificate of Appropriateness Appli

cation

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

1. Promote the educational, cultural, economic and general welfare

of the public through the recognition, enhancement and perpetuation of

sites and districts of historical and cultural significance;

2. Safeguard the City’s historic, aesthetic and cultural heritage by

preserving sites and districts of historic and cultural significance;

3. Stabilize and improve property values;

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

5. Protect and enhance the City’s attractions to tourists and visitors

and the support and stimulus to business thereby provided;

6. Strengthen the economy of the City;

7. Promote the use of sites and districts of historic and cultural

significance as places for the education, pleasure, and welfare of the

people of the City.

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

defined:

1. “Abutting property” means any property within one-hundred feet

(100') of the subject, or applicant's, property.

2. “Alteration” means any addition or modification of any portion of

the exterior of a building, structure, object, site or site feature that

changes the architectural style, arrangement, texture, or material of the

building or feature or significantly changes the color; if such change,

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addition, or modification is visible from the public street, sidewalk,

alley, or park.

3. “Building” means any structure built for the support, shelter, or

enclosure of persons, animals, or property of any kind.

4. “Certificate of appropriateness” means a document issued by the

Historic Preservation Commission which documents their approval or

approval with modification, of proposed alterations to designated

historic landmarks or to buildings, structures, sites, and objects within

designated historic districts, which are subject to review.

5. “Contributing” means any building, site, object, and/or structure

contained in a designated historic district or National Register of Historic

Places historic district, that is identified as a contributor to the historic

district.

6. “Cultural resource” means any building, site, structure, object, or

district, which may have significance in history or pre-history.

7. “Demolition” of a building means the act or process of pulling

down, destroying, removing or razing a building or commencing the

work of total or substantial destruction.

8. “Design standards and guidelines” means a document that is

produced by the City for the purpose of guiding review of proposed

alterations to designated historic landmarks and historic districts. This

document establishes criteria for building alterations or new

construction, which, if followed, will provide compatible design.

9. “Economic feasibility” refers to the economic impact of

preservation measures, generally comparing use of traditional materials

versus modern counterparts. For instance, there may be a range of

appropriate replacement materials listed, with preference given to

traditional materials. In some cases, traditional materials may be more

expensive or not readily available, lowering the economic feasibility of

using the preferred, traditional materials.

10. “Economic hardship” refers to the economic impact of

preservation requirements that would deprive a property owner of all

reasonable economic use or return on a property.

11. “Historic district” means a significant concentration, linkage or

continuity of sites, buildings, structures or objects united historically by

plan or physical development. This area must contain contiguous pieces

of property under diverse ownership that meets one or more of the

historic significance criteria and has been officially designated by the

City through the passage of an ordinance.

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12. “Historic landmark” is a building, structure, site or object that

meets one or more of the Historic Significance Criteria and has been

officially designated through passage of an ordinance.

13. “Historic significance criteria” applies to the quality of

significance in American history, architecture, archeology, engineering,

and culture that is present in districts, sites, buildings, structures, and

objects that possess integrity of location, design, setting, materials,

workmanship, feeling, and association, and:

A. That are associated with events that have made a

significant contribution to the broad patterns of our history; or

B. That are associated with the lives of significant persons in

the past; or

C. That embody the distinctive characteristics of a type,

period, or method of construction, or that represent the work of a

master, or that possess high artistic values, or that represent a

significant and distinguishable entity whose components may lack

individual distinction; or

D. That have yielded, or may be likely to yield, information

important in history or prehistory.

14. “Improvement” means any structure, place, work of art, landscape

element, or other object constituting a physical betterment of real

property that is visible from a public way or adjoining properties.

15. “Majority” means a simple majority consisting of one over half of

the members present and voting if a quorum is established.

16. “Minimum maintenance requirements” mean those regulations

adopted by the City requiring property owners to maintain the buildings,

structures and sites associated with a landmark or historic district.

17. “National Register Historic District” means a district that is listed

on the National Register of Historic Places.

18. “Non-contributing structure” means any structure that does not

contribute to the historic character of a district that is identified as such

in an officially adopted historic district or National Register listed

district.

19. “Object” is used to distinguish from buildings and structures those

constructions that are primarily artistic in nature or are relatively small in

scale and simply constructed. Although it may be, by nature or design,

moveable, an object is associated with a specific setting or environment.

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20. “Ordinary maintenance and repair” means any work where the

purpose and effect of such work is to correct any deterioration or decay

of or damage to a structure or any part thereof and to restore the same, as

nearly as may be practicable, to its condition prior to the occurrence of

such deterioration, decay, or damage.

21. “Preservation” is defined as the act or process of applying

measures necessary to sustain the existing form, integrity and materials

of an historic property. Work, including preliminary measures to protect

and stabilize the property, generally focuses upon the ongoing

maintenance and repair of historic materials and features rather than

extensive replacement and new construction. New exterior additions are

not within the scope of this treatment; however, the limited and sensitive

upgrading of mechanical, electrical and plumbing systems and other

code-required work to make properties functional is appropriate within a

preservation project.

22. “Preservation Commission” means the Bloomfield Historic

Preservation Commission, as established by this chapter.

23. “Property inventory” means a file of information about buildings,

structures, sites, objects and districts in the City of Bloomfield,

including, but not limited to, completed Iowa Site Inventory forms,

National Register of Historic Places Nominations, Reports of Survey and

Evaluation projects and Contexts developed for the City, officially

designated City of Bloomfield Landmark and Historic District

Nominations and other germane information.

24. “Quorum” means a majority of the membership of the Bloomfield

Historic Preservation Commission.

25. “Significant features” means those elements of a building,

structure, object or site or a district that contributes to its historic

character and value.

26. “Site” is the location of a significant event, a prehistoric or

historic occupation or activity, or a building or structure, whether

standing, ruined or vanished, where the location itself possesses historic,

cultural or archaeological value regardless of the value of any existing

structure.

27. “Site furnishing” refers to objects or elements in the public right-

of-way or in public spaces. They are generally small scale elements that

may be functional, decorative or both. They can include benches, lights,

signs, drinking fountains, trash receptacles, fences, tree grates, clocks,

flagpoles, sculpture, monuments, memorials, planters and urns. They

may be movable, used seasonally or permanently installed. They occur

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as singular items, in groups of similar or identical features, or as part of a

system (e.g. signage).

28. “Substantial adverse change” means any change in physical

appearance to a building which would significantly alter those features

which give the building its value as a historic resource.

24.03 COMMISSION MEMBERSHIP.

1. The Historic Preservation Commission (hereinafter referred to as

the Preservation Commission or Commission) consists of seven

members appointed by the Council. The members of the Preservation

Commission shall be residents of the City or owners of real property

within the City. At least one resident (or property owner within the

district who is also a resident of the City) of each designated area of

historic significance shall be appointed to the Commission. Members

shall receive no compensation. The members shall have a demonstrated

interest in historic preservation and, as available, shall include

professionals in history, architectural history, archaeology, planning, or

architecture.

2. The term of office for each member of the Commission shall be

three (3) years. The appointment of Commissioners shall be staggered

with no fewer than two being appointed in any given year and terms

commencing on the first day of April.

3. Vacancies occurring in the Commission, other than expiration of

term of office, shall be appointed in the same manner as the original

appointee only for the unexpired portion of the term of the member

replaced.

24.04 POWERS AND DUTIES. The Commission shall have the following

powers and duties:

1. The Commission may conduct studies for the identification,

evaluation, registration and designation of historic landmarks and

historic districts meeting the definitions established by this chapter. The

Commission may proceed at is own initiative or upon petition from any

person, agency or organization.

2. The Commission may accept nominations to designate local

historic landmarks and local historic districts. Nominations may be

prepared by the Commission and can be submitted by any person,

agency or organization. The Commission will review, comment, and

make recommendation to designate or not to designate the nominated

historic property.

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3. The Commission shall establish and oversee a property inventory

that complies with the property inventory of the State of Iowa and is

available for public inspection and use.

4. The Commission shall make a recommendation to the State

Historic Preservation Officer for the listing of a property on the National

5. The Commission shall conduct a periodic review of the City's

preservation and design review programs to ensure that they meet the

intent of this chapter.

6. The Commission shall review all applications for a Certificate of

Appropriateness to alter designated historic landmarks or to alter

buildings, structures, objects and/or sites within a designated Historic

District.

7. The Commission shall report annually to the Council on the status

of the City's preservation and design review programs.

8. The Commission shall from time to time establish written design

standards and guidelines, subject to the approval of the Council. The

Council’s approval shall be by resolution.

9. The Commission may apply for grants or seek funding for the

operation of programs that meet the intent of this chapter.

10. The Commission may promote public interest in the purposes

described in this chapter by carrying on a public education program. This

can include:

A. Assist and encourage any organization or persons who

desire to protect, enhance, or preserve the use of structures and

areas of historic and/or cultural significance;

B. Encourage and assist in the establishment of educational

and cultural programs, tours, and events to advance the purpose

described in this chapter; advise owners or residents of historic

properties;

C. Encourage and assist in the use of incentive programs that

aid property owners and residents of historic and/or culturally

significant structures for their preservation, and/or culturally

significant structures or areas of problems and techniques of, and

resources for, historic preservation;

D. Make recommendations to the Council and City

Commissions and Boards on preservation issues when

appropriate.

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11. In addition to those powers and duties specified above, the

Commission may, with Council approval:

A. Acquire by purchase, bequest or donation, fee and lesser

interests in historic properties, including properties adjacent to or

associated with historic properties;

B. Preserve, restore, maintain and operate historic properties,

under the ownership or control of the Commission;

C. Lease, sell, and otherwise transfer or dispose of historic

properties, including properties subject to rights of public access

and other covenants; in a manner that will preserve the property;

D. Cooperate with the federal, state, and local governments in

pursuance of the objectives of historic preservation;

E. Accept unconditional gifts and donations of real and

personal property, including money, for the purpose of historic

preservation.

24.05 OPERATING PROCEDURES.

1. The Commission shall adopt by-laws for the conduct of its

business in accordance with the provisions of this chapter that define

when the meetings will occur, how the agenda is to be structured, and

how decisions are to be made.

2. The Commission shall elect a chairman, vice-chairman and a

secretary, each of whom shall serve for one year and who shall be

eligible for reelection.

24.06 COMMISSION MEETINGS.

1. The Commission shall meet once a month, excepting when no

business is on the agenda. Additional meetings may be scheduled by the

Commission as needed.

2. All regularly scheduled meetings of the Commission shall be

open to the public. Any person, or his duly constituted representative,

shall be entitled to appear and be heard on any matter before the

Commission.

3. The Commission shall keep minutes of all its meetings showing

the date, time and place, the members present, and the action taken at

each meeting. The minutes shall show the results of each vote taken and

information sufficient to indicate the vote of each member present. The

vote of each member present shall be made public at the open session.

The minutes shall be public records open to public inspection.

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4. The City Clerk shall post the official City posting to contain

notice of the time, place, and subject matter of such hearing at least

twenty-four (24) hours before the hearing.

5. A majority of the Commission shall constitute a quorum; and

action taken at any meeting shall require the affirmative vote of the

majority of the Commission. If no quorum exists, then the application

will be forwarded to the next meeting of the Planning Commission.

24.07 ANNUAL REPORT. The Preservation Commission shall prepare a

report to the Council summarizing the past year's activities of the Commission.

This report should state the status of preservation in the City and recommend

any improvements which the Commission deems necessary. The Commission

shall present this report annually to the City Council.

24.08 COMMISSION TRAINING. The Preservation Commission shall

participate in training programs from time to time. These may include special

Commission study sessions, which shall not be a regularly scheduled meeting,

or other training programs provided in the state or nation. At a minimum, all

members shall attend one training session annually.

24.09 DESIGNATION OF HISTORIC LANDMARKS.

1. A property owner, the Preservation Commission, or an interested

party, agency, or organization may request designation of a historic

landmark.

2. Nominations to designate historic landmarks will be submitted to

the Preservation Commission and must contain the following:

A. A completed Iowa site inventory form with all attachments

or a National Register of Historic Places Nomination Form for a

listed property;

B. Photo-documentation of the property at the time of

designation;

C. A scale map showing the location of the property within

the City at the time of designation;

D. A scale map of the property showing the proposed

boundaries, extant buildings, structures, objects, and sites within

the tract at the time of designation;

E. Statement of, and documentation that the property meets

one or more of the designation/ significance criteria.

3. Nominations must be submitted 30 days in advance of the

regularly scheduled meeting of the Preservation Commission.

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4. Nominations must be complete when submitted to the

Preservation Commission; if the nomination is not complete, the

nomination will be returned to the applicant.

5. Nomination will be considered at the next meeting of the

Preservation Commission following the submission of the nomination.

6. Nominations will be made available for public review at City

Hall.

7. The City Clerk will notify all owners of abutting properties by

mail of the proposed nomination, the date, time, and location of the

Commission meeting at which the nomination will be considered.

8. The nomination will be sent to the State Historic Preservation

Office for review and comment within fourteen days of receipt.

9. The Preservation Commission during their meeting will determine

if the property meets the significance criteria. If the property meets the

criteria, they will recommend designation. If the property does not meet

the criteria, they will not recommend designation.

10. If the Preservation Commission recommends designation, the

Commission will prepare an ordinance designating the property as a

historic landmark. The ordinance:

 will include the legal description of the property;

 will specify the applicable significance criteria and provide an

explanation of significance; and

 will contain a statement that proposed alterations to the property

as described in the nomination on file in the Property Inventory

will require issuance of a certificate of appropriateness before

they are initiated.

11. The proposed ordinance will be submitted to the State

Preservation Office for review and comment within fourteen days of

receipt.

12. The Preservation Commission will submit their recommendation,

the nomination, and the ordinance designating the property to the

Council.

13. The Council will consider the nomination, the ordinance, the

recommendations of the Preservation Commission and the State at a

regularly scheduled meeting. If the Council approves designation, the

designation will be forwarded to the City Clerk for recording and the

designation and nomination will be filed in the City's Property Inventory.

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24.10 DESIGNATION OF HISTORIC DISTRICTS.

1. A property owner, the Preservation Commission, or an interested

party, agency, or organization may initiate designation of a historic

district.

2. Nominations to designate historic districts will be submitted to the

Preservation Commission and must contain the following:

A. Completed Iowa site inventory forms with all attachments

or the National Register Nomination for the listed district;

B. Photo-documentation of the property at the time of

designation;

C. A scale map showing the location of the proposed district

within the City at the time of designation;

D. A scale map of the district showing the proposed

boundaries, extant buildings, structures, objects, and sites within

the tract at the time of designation;

E. Statement of, and documentation that the district meets one

or more of the designation/significance criteria.

3. The Preservation Commission will seek to demonstrate owner

support, which may be in the form of a petition or public testimony at a

public hearing.

4. Nominations must be submitted 30 days in advance of the

regularly scheduled meeting of the Preservation Commission.

5. Nominations must be complete when submitted to the

Preservation Commission; if the nomination is not complete, the

nomination will be returned to the applicant.

6. Nominations will be considered at the next meeting of the

Preservation Commission following the submission of the nomination.

7. Nominations will be made available for public review at City

Hall.

8. The City Clerk will notify all property owners within the historic

district and owners of abutting properties by mail of the proposed

nomination, the date, time, and location of the Commission meeting at

which the nomination will be considered.

9. The nomination will be sent to the State Historic Preservation

Office for review and comment within fourteen days of receipt.

10. The Preservation Commission, during their meeting, will

determine if the properties meet the significance criteria. If the properties

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meet the criteria, they will recommend designation. If the properties do

not meet the criteria, they will not recommend designation.

11. If the Preservation Commission recommends designation, the

Commission will prepare an ordinance designating the properties as a

historic district. The ordinance:

 will include the legal description of the property;

 will specify the applicable significance criteria and provide an

explanation of significance; and

 will contain a statement that proposed alterations to the property

as described in the nomination on file in the Property Inventory

will require issuance of a certificate of appropriateness before

they are initiated.

12. The proposed ordinance will be submitted to the State

Preservation Office for review and comment within fourteen days of

receipt.

13. The Preservation Commission will submit their recommendation,

the nomination, and the ordinance designating the property to the

Council.

14. The Council will consider the nomination, the ordinance, the

recommendations of the Preservation Commission and the State at a

regularly scheduled meeting. If the Council approves designation, the

designation will be forwarded to the City Clerk for recording and the

designation and nomination will be filed in the City's Property Inventory.

24.11 AMENDING AND REPEALING DESIGNATIONS.

1. A property owner, the Preservation Commission, an interested

agency or organization may initiate the amendment or repeal of historic

landmark or historic district designation by following the process

outlined for designation in this chapter.

2. Amending a historic landmark or district will involve adding

buildings, structures, objects and sites by following the appropriate

designation process outlined in this chapter.

3. A repeal of designation may occur if the historic landmark or

historic district no longer meets the significance criteria due to

subsequent discovery of information on the significance or destruction of

the historic property by an act of God.

24.12 BLOOMFIELD COURTHOUSE SQUARE COMMERCIAL

DISTRICT.

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1. The Bloomfield Courthouse Square Commercial District means

the area described herein which is a part of the C-2 district as established

in the Zoning Regulations. Said area shall be all lots abutting upon

Franklin Street between Madison Street and Washington Street; all lots

abutting upon Washington Street between Franklin Street and Jefferson

Street; all lots abutting upon Jefferson Street between Madison Street

and Washington Street and all lots abutting upon Madison Street

between Franklin Street and Jefferson Street. Also lot one in block

thirty-three and all lots abutting on the north side of Jefferson Street

between Madison Street and a point 79.5 feet west of the southwest

comer of lot eight in block nineteen, all in the original town (now City of

Bloomfield Iowa.)

2. Said area contains a significant portion of buildings, structures or

other improvements which, considered as a whole:

A. Represent one or more distinctive styles or periods of

architecture, methods of construction, or both; or

B. Are associated with persons or events that have made

significant contributions to the course of local, state or national

history;

C. Possess a coherent and distinctive visual character or

integrity based upon similarity of scale, design, color, setting,

workmanship, materials or combination thereof, which is deemed

to add significantly to the value and attractiveness of properties

within such area.

24.13 CERTIFICATE OF APPROPRIATENESS REQUIRED.

1. Within a historic district or landmark, no person, owner or other

entity shall carry out or permit to be carried out the erection, movement,

demolition, reconstruction, restoration, renovation, or alteration of

structures without first having applied for and been granted a Certificate

of Appropriateness by the Preservation Commission for the proposed

work under this chapter. This requirement applies to exteriors only

unless interiors are specifically designated.

2. In cases where a property may be located in an area with a

separate review body, such as The Main Street Design Committee, the

Preservation Commission will hear the recommendations of the

applicable review body and take them into consideration when making

their final decision.

24.14 CERTIFICATE OF APPROPRIATENESS APPLICATION.

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1. An owner or tenant of a designated property seeking to alter an

improvement must apply to the City for a Certificate of Appropriateness,

on forms prescribed by the City and including all information that the

City determines is necessary to consider the application. Required

submittal material may include, but is not limited to, the following

documentation:

A. Completed application form;

B. Site plan/ roof plan (drawn to scale);

C. Proposed building elevations (drawn to scale);

D. Photographs of the building conditions (existing and

historic);

E. Product literature and specifications;

F. Materials sample and color samples.

Incomplete applications will not be considered by the Preservation

Commission.

2. Applications for a Certificate of Appropriateness shall be filed a

minimum of thirty days before the next regularly scheduled Preservation

Commission meeting at which the application is to be considered.

3. Upon receipt of an application for a Certificate of

Appropriateness, the Preservation Commission staff representative shall

separate file for each application. This file shall provide a record of the

certificate application and all actions taken by the Preservation

Commission, and any subsequent action or reports of the Director of

Public Works, if appropriate.

4. The staff member shall then place the application on the agenda

for the next regularly scheduled Preservation Commission meeting and

shall notify the applicant of the time, date, and place of said meeting.

5. The applicant may request to meet with a subcommittee of the

Preservation Commission for a conceptual review of the proposed work,

particularly relating to new construction or additions, prior to the

Commission meeting. Any recommendations made by the subcommittee

shall be reported at the formal Commission meeting.

6. Upon reviewing the application, the Commission may determine

that the application be approved as submitted, denied as submitted, or

approved with conditions.

7. If the Preservation Commission approves the application as

submitted, the certificate shall be issued within three working days per

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plans submitted and approved or modified by the Commission and

accepted by the applicant. Conditions of the permit shall be noted on the

permit.

24.15 CERTIFICATE OF APPROPRIATENESS HEARINGS.

1. The Preservation Commission shall hold a public hearing on an

application for a Certificate of Appropriateness within thirty days after

the completed application was filed.

2. The Preservation Commission shall determine whether the

application meets the standards in Bloomfield's Design Guidelines.

Within thirty days after the hearing date the Commission shall adopt

written findings and conclusions. The Commission shall either

recommend that the application be approved as submitted, denied as

submitted, or approved with conditions.

3. At least ten days before the hearing date, the City shall post the

application on the property to indicate that a Certificate of

Appropriateness has been requested. The City shall also mail a certified

notice to the recorded owners of all property that is the subject of the

application, to abutting properties, and to the Chair of the Preservation

Commission.

24.16 APPROVAL REQUIRED.

1. No City permit shall be issued for any purpose regulated by this

chapter for a property unless and until the proposed work or

development has been approved or granted approval by the Preservation

Commission, or by the City Council on appeal, and then shall be issued

only in conformity with such approval or conditional approval.

2. The City shall issue a Certificate of Appropriateness if:

A. An application has been recommended for approval by the

Preservation Commission; or

B. The City Council on appeal has approved the Certificate of

Appropriateness.

3. When approving an application for a Certificate of

Appropriateness, the Preservation Commission may impose a time limit

within which construction must begin.

4. If the Preservation Commission denies approval of an application

for a Certificate of Appropriateness, no person may submit a subsequent

application for the same work within sixty days.

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24.17 APPEALS. Any person aggrieved or affected by a decision of the

Preservation Commission to approve, grant conditional approval, or deny an

application, or by the failure of the Commission to act within the time as

required may appeal to the City Council from such decision at any time within

fifteen days after the date upon which the Commission announces its decision

or is required to announce its decision. The grounds for an appeal are that the

Commission has violated due process, and that their decision was arbitrary and

capricious.

1. An appeal shall be taken by filing a letter of appeal in duplicate,

and by concurrently paying a fee in an amount established by City

Council resolution for such appeals. Such letter shall set forth the

grounds upon which the appeal is based.

2. A staff member shall transmit to the City Council the letter of

appeal, copies of the application, meeting minutes and all other papers

constituting the record upon which the action of the Preservation

Commission was taken.

3. An appeal shall be heard by the Council within a timely fashion

after the Commission action.

4. The Council shall review the application and apply the standards

as set forth in this chapter in considering the appeal.

5. The Council may affirm, reverse, or modify the decision of the

Commission.

6. If the Council affirms the decision or action complained of, and if

the appealing person or entity is still aggrieved by such decision or

action, the appealing person or entity may do either of the following:

A. With the consent of the City Council, have the matter

finally resolved by binding arbitration. Binding arbitration shall

be before an arbitrator agreed to by both the Council and the

appealing person or entity. If the parties are unable to agree on an

arbitrator, the matter shall be resolved by a three- person

arbitration panel made up of one arbitrator selected by the

Council, one arbitrator selected by the appealing person or entity,

and one arbitrator selected by the other two arbitrators. The cost

and expense of a single arbitrator shall be borne equally by the

City and the appealing person or entity. If a three-person

arbitration panel is selected, each party shall bear the expense of

its own arbitrator and the parties shall jointly and equally bear the

cost and expense of the third arbitrator, and of the arbitration.

Each party to the arbitration shall pay its own costs,

disbursements, and attorney fees.

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B. Bring an action for declaratory ruling in district court to

review the decision of the Council.

24.18 FEES.

1. A fee shall be paid for review by the Commission of an

application for a project that includes erection, movement, demolition,

reconstruction, restoration, renovation, or alteration of structures.

Payments of such fee shall be required from the applicant upon

submission of the application to the City Clerk. Such fees may be

adjusted by the Council from time to time, as deemed necessary.

2. Applicants proposing demolition shall be required to post a bond,

the amount of which shall be set by the Council, prior to the issuance of

the Certificate of Appropriateness, in order to ensure complete removal

of debris left by said demolition and recompense for damage done to

adjacent properties.

24.19 PROPERTY MAINTENANCE REQUIRED.

1. The Council intends to preserve from deliberate or inadvertent

neglect the exterior portions of designated landmarks, contributing

buildings or structures in a Historic District and all interior portions

thereof whose maintenance is necessary to prevent deterioration of any

exterior portion. No owner, lessee, or occupant of any landmark,

contributing building or structure in a Historic District shall fail to

prevent significant deterioration of the exterior of the structure or special

feature beyond the condition of the structure on the effective date of the

designating ordinance. Examples of minimum maintenance requirements

stipulate the prompt repair of the following:

A. Facades which may fall and injure members of the public

or property;

B. Deteriorated or inadequate foundation, defective or

deteriorated flooring or floor supports, deteriorated walls or other

vertical structural supports;

C. Members of ceilings, roofs, ceiling and roof supports or

other horizontal member which age, split or buckle due to

defective material or deterioration;

D. Deteriorated or ineffective waterproofing of exterior walls,

roofs, foundations or floors, including broken windows or doors;

E. Defective or insufficient weather protection for exterior

wall covering, including lack of paint or weathering due to lack of

protective covering;

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F. Any fault or defect in the building which renders it not

properly watertight or structurally unsafe.

2. Applicants may reference the series of Preservation Briefs

published by the National Park Service for detailed descriptions of

appropriate treatment and maintenance methods for historic properties.

3. No owner, lessee, or occupant of any historic structure shall fail to

comply with all applicable provisions of this chapter and other

ordinances of the City regulating property maintenance, including

without limitation weed control, garbage, and housing.

4. Before the City Attorney files a complaint in municipal court for

failure to maintain the property, the Council shall notify the property

owner, lessee, or occupant of the need to repair, maintain, or restore the

property, shall assist the owner, lessee, or occupant in determining how

to preserve the property, and shall give the owner a reasonable time to

perform such work.

24.20 DESIGN STANDARDS AND GUIDELINES.

1. The Preservation Commission shall prepare and adopt, with City

Council approval, design standards and guidelines for the review of an

application for a Certificate of Appropriateness.

2. In making its decision, the Commission shall consider the design

standards and guidelines in reviewing an application for a Certificate of

Appropriateness. If a conflict exists, the criteria found in this chapter

shall have precedence.

24.21 UNSAFE OR DANGEROUS CONDITIONS EXEMPTED.

Nothing in this chapter shall be construed to prevent any measures of

construction, alteration, removal, or demolition necessary to correct the unsafe

or dangerous condition of any structure, other feature, or parts thereof where

such condition is declared unsafe or dangerous by the City building or zoning

division or fire department and where the proposed measures have been

declared necessary by the City to correct the condition, as long as only such

work that is absolutely necessary to correct the condition is performed. Any

temporary measures may be taken without first obtaining a Certificate of

Appropriateness under this chapter, but a certificate is required for permanent

alteration, removal, or demolition.

24.22 PRINCIPLES FOR REVIEW.

1. The Preservation Commission shall adhere to the following

principles when reviewing applications for Certificates of

Appropriateness.

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A. The anticipated use for the property remains that for which

it was originally intended or requires minimal alteration of the

building, structure or site and its environment for the proposed

reuse.

B. The distinguishing original qualities or character of a

building, structure, or site and its environment shall not be

compromised. The removal or alteration of any historic material

or distinctive architectural features should be avoided when

possible.

C. All buildings, structures, and sites shall be recognized as

products of their own time. Alterations that have no historical

basis and which seek to recreate an earlier appearance shall be

discouraged.

D. Certain alterations which may have taken place in the

course of time are potentially significant to understanding the

history and development of a building, structure, or site and its

environment. These historic alterations may have acquired

significance in their own right and this significance shall be

recognized and respected.

E. Distinctive stylistic features or examples of skilled

craftsmanship which characterize a building, structure, or site

shall be retained.

F. Deteriorated architectural features shall be repaired rather

than replaced, wherever possible. In the event replacement is

necessary, the new material should match the material being

replaced in composition, design, color, texture, and other visual

qualities. Repair and replacement of missing architectural features

should be based on accurate duplications of features, substantiated

by historic, physical or pictorial evidence rather than on

conjectural designs or the availability of different architectural

elements from other buildings or structures.

G. Surface cleaning of historic structures shall be undertaken

with methods that will avoid damage to the historic building

materials.

H. Contemporary design for alterations and additions shall not

be discouraged when such alterations and additions do not

compromise significant historical, architectural, or cultural

material, and such design is compatible with the size, scale, color,

material, and character of the property, neighborhood, or

environment.

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I. Whenever possible, new additions or alterations to the

structure shall be done in such a manner that if such additions or

alterations were to be removed in the future, the essential form

and integrity of the historic structure would be unimpaired.

2. The Commission shall consider the following site development

and design issues when applicable to reviewing Certificate of

Appropriateness applications.

A. Architectural design;

B. Scale and proportion;

C. Construction materials;

D. Method of construction;

E. Grading;

F. Site development;

G. Orientation of buildings;

H. Off-street parking;

I. Landscaping;

J. Signs;

K. Street furniture;

L. Public areas;

M. Relationship of the project to its surroundings.

24.23 ECONOMIC HARDSHIP. If, when seeking approval for the

demolition of a historic property the owner claims an economic hardship, the

determination of economic hardship shall require the applicant to provide

evidence sufficient to demonstrate that the application of the standards and

regulations of this section deprives the applicant of all reasonable economic use

or return on the subject property. The determination of economic hardship is

based solely on the property, independent of the owner or ownership.

1. Application for Determination of Economic Hardship. An

application for a determination of economic hardship shall be made on a

form prepared by the planning director and shall be submitted to the

planning division. The application must include photographs,

information pertaining to the historic significance of the landmark site

and all information necessary to make findings on the standards for

determination of economic hardship.

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2. Standards for Determination of Economic Hardship. The

Preservation Commission shall apply the following standards and make

findings concerning economic hardship:

A. The applicant's knowledge of the landmark designation at

the time of acquisition, or whether the property was designated

subsequent to acquisition;

B. The current level of economic return on the property as

considered in relation to the following:

(1) The amount paid for the property, the date of

purchase, and party from whom purchased, including a

description of the relationship, if any, between the owner

of record or applicant, and the person from whom the

property was purchased;

(2) The annual gross and net income, if any, from the

property for the previous three years; itemized operating

and maintenance expenses for the previous three years, and

depreciation deduction and annual cash flow before and

after debt service, if any, for the previous three years;

(3) Remaining balance on any mortgage or other

financing secured by the property and annual debt service,

if any, during the previous three years;

(4) Real estate taxes for the previous four years and

assessed value of the property according to the two most

recent assessed valuations by the local assessor;

(5) All appraisals obtained within the previous two

years by the owner or applicant in connection with the

purchase, financing or ownership of the property;

(6) The fair market value of the property immediately

prior to its designation as a landmark site and the fair

market value of the property as a landmark site at the time

the application is filed;

(7) Form of ownership or operation of the property, i.e.

sole proprietorship, for-profit corporation or not-for-profit

corporation, limited partnership, joint venture, etc.; and

(8) Any state or federal income tax returns on or

relating to the property for the previous two years.

C. The marketability of the property for sale or lease,

considered in relation to any listing of the property for sale or

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lease, and price asked and offers received, if any, within the

previous two years. This determination can include testimony and

relevant documents regarding:

(1) Any real estate broker or firm engaged to sell or

lease the property,

(2) Reasonableness of the price or rent sought by the

applicant, and

(3) Any advertisements placed for the sale or rent of the

property.

D. The infeasibility of alternative uses that can earn a

reasonable economic return for the property as considered in

relation to the following:

(1) A report from a licensed engineer or architect with

experience in rehabilitation as to the structural soundness

of any structures on the property and their suitability for

rehabilitation;

(2) Estimate of the cost of the proposed construction,

alteration, demolition or removal and an estimate of any

additional cost that would be incurred to comply with the

decision of the Preservation Commission concerning the

appropriateness of proposed alterations;

(3) Estimated market value of the property in the

current condition after completion of the demolition and

proposed new construction, and after renovation of the

existing property for continued use; and

(4) The testimony of an architect, developer, real estate

consultant, appraiser, or other professional experienced in

rehabilitation as to the economic feasibility of

rehabilitation or reuse of the existing structure on the

property.

E. Economic incentives and/or funding available to the

applicant through federal, state, city, or private programs.

3. Procedure for Determination of Economic Hardship. The

Preservation Commission may establish a three-person economic review

panel. If such a review panel is established it shall adhere to the

following procedures. This panel shall be comprised of three real estate

and redevelopment experts knowledgeable in real estate economics in

general, and more specifically, in the economics of renovation,

redevelopment and other aspects of rehabilitation. The panel shall

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consist of one person selected by the Preservation Commission, one

person selected by the applicant, and one person selected by the first two

appointees. If the first two appointees cannot agree on a third person

within thirty days of the date of the initial public hearing, the third

appointee shall be selected by the Mayor within five days after the

expiration of the thirty-day period.

A. Review of Evidence. All of the evidence and

documentation presented to the Preservation Commission shall be

made available to and reviewed by the economic review panel.

The economic review panel shall convene a meeting to review the

evidence of economic hardship in relation to the standards set

forth in subsection 2 of this section. The economic review panel

may, at its discretion, convene a public hearing to receive

testimony by any interested party.

B. Report of Economic Review Panel. Within forty-five days

after the economic review panel is established, the panel shall

complete an evaluation of economic hardship, applying the

standards set forth in subsection 2 of this section and shall

forward a written report with its findings of fact and conclusions

to the Preservation Commission.

C. Preservation Commission Determination Of Economic

Hardship. At the next regular Preservation Commission meeting

following receipt of the report of the economic review panel, the

Commission shall reconvene its public hearing to take final action

on the application.

(1) Finding Of Economic Hardship. If after reviewing

all of the evidence, the Commission finds that the

application of the standards set forth in subsection 2 of this

section results in economic hardship, then the Commission

shall issue a certificate of appropriateness for demolition.

(2) Denial Of Economic Hardship. If the Commission

finds that the application of the standards set forth in

subsection 2 of this section does not result in economic

hardship then the certificate of appropriateness for

demolition shall be denied.

(3) Consistency With The Economic Review Panel

Report. The Commission’s decision shall be consistent

with the conclusions reached by the economic review

panel unless, based on all of the evidence and

documentation presented to the Commission, the

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Commission finds by a vote of three-fourths (3/4) majority

of a quorum present that the economic review panel acted

in an arbitrary manner, or that its report was based on an

erroneous finding of a material fact.

24.24 DEMOLITION PROCEDURES. The purpose of this section is to

preserve and protect, through advance notice of their proposed demolition,

significant buildings within the City which constitute or reflect distinctive

features of the architectural, cultural, political, economic or social history of the

City; to encourage owners of significant buildings to seek ways to preserve,

rehabilitate, or restore such buildings, rather than demolish them; and by

furthering these purposes to promote the public welfare, to preserve the

resources of the City, and to make the City a more attractive and desirable place

in which to live. To achieve these purposes, the Commission is empowered to

advise the Director of Public Works with respect to the issuance of permits for

demolition.

1. The Director of Public Works, on the day of receipt of an

application for demolition of a significant building or within the next

five successive business days, shall cause a copy of each such

application for a demolition permit to be forwarded to (or shall satisfy

himself that a duplicate of such application has been submitted to) the

Commission. No demolition permit shall be issued at that time.

2. The Commission shall fix a reasonable time, within 30 days of

receiving a copy of such application, for a hearing on the application and

shall give public notice thereof by publishing notice of the time, place,

and purpose of the hearing at least fourteen days before said hearing and

also, within seven days of said hearing, mail a copy of said notice to the

applicant, to the owners of all adjoining properties and all property

deemed by the Commission to be, to the Planning Commission.

3. If, after such hearing, the Commission determines that the

demolition of the building would not be detrimental to the historical or

architectural heritage or resources of the City, the Commission shall so

notify the Director of Public Works within ten (10) days of such

determination.

4. If the Commission determines that the demolition of the building

would be detrimental to the historical or architectural heritage or

resources of the City, such building shall be considered a significant

building.

5. Upon a determination by the Commission that the building which

is the subject of the application for a demolition permit is a significant

building, the Commission shall so advise the applicant and the Director

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of Public Works, and no demolition permit may be issued until at least

twelve months after the date of the application for demolition.

6. Notwithstanding the preceding subsection, the Director of Public

Works may issue a demolition permit for a significant building at any

time after the receipt of written advice from the Commission to the effect

that either;

A. The Commission is satisfied that there is no reasonable

likelihood that either the owner or some other person or group is

willing to purchase, preserve, rehabilitate or restore such building,

B. The Commission is satisfied that for at least twelve months

the owner has made continuing, bona fide and reasonable efforts

to locate a purchaser to preserve, rehabilitate and restore the

subject building, and that such efforts have been unsuccessful.

7. No permit for erection of a new structure on the site of an existing

significant building may be issued prior to issuance of a permit for

demolition of such existing building.

24.25 EMERGENCY DEMOLITION. Nothing in this chapter shall be

construed to detract in any way from the authority of the Director of Public

Works. However, before acting pursuant to this chapter, the Director of Public

Works shall make every reasonable effort to inform the Commission of the

Director’s intentions to cause demolition before the Director initiates same.

24.26 WAIVER. The Director of Public Works shall have the power to vary

or waive any provision of the City’s Building, Electrical, Housing, Mechanical,

or Plumbing Codes pursuant to such codes, in any case in which the Director

determines that such variance or waiver does not endanger the public health or

safety, and such action is necessary for the continued historical preservation of

a landmark.

24.27 VIOLATIONS. Any person, firm, or corporation violating any of the

terms of this chapter shall be deemed guilty of a municipal infraction or

misdemeanor and shall be punishable in accordance with the provisions of this

Code of Ordinances. Each day a violation occurs shall constitute a separate

offense. The remedies herein provided shall be cumulative and not exclusive

and shall be in addition to any other remedies provided by law.

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CHAPTER 25

AIRPORT ZONING COMMISSION

25.01 Airport Zoning Commission 25.03 Removal; Vacancies

25.02 Terms of Office 25.04 Powers and Duties

25.01 AIRPORT ZONING COMMISSION. There shall be an Airport

Zoning Commission consisting of five members, two of whom shall be selected

by the Board of Supervisors of the County, two of whom shall be selected by

the Council, and one additional member to act as Chairperson shall be selected

by a majority vote of the members selected by the County and City as herein

provided.

(Code of Iowa, Sec. 329.9)

25.02 TERMS OF OFFICE. The terms of the members of the Commission

shall be six years. Appointments shall be made every two years of one-third the

total number or as near as possible, to provide for staggered terms.

(Code of Iowa, Sec. 329.9)

25.03 REMOVAL; VACANCIES. Members of the Commission may be

removed for cause by the appointing authority upon written charges after public

hearing. Vacancies shall be filled for the unexpired term of any member whose

office becomes vacant in the same manner in which said member was selected.

(Code of Iowa, Sec. 329.9)

25.04 POWERS AND DUTIES. The Commission shall have all the powers,

duties and authority vested in it by the laws of the State, now in effect or which

may be hereafter enacted, and by resolution and ordinances of the County and

City.

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CHAPTER 26

AIRPORT COMMISSION

26.01 Airport Commission 26.05 Bond

26.02 Appointment and Term 26.06 Officers

26.03 Vacancies 26.07 Powers and Duties

26.04 Compensation 26.08 Annual Report

26.01 AIRPORT COMMISSION. There shall be an Airport Commission

consisting of five resident voters of the City.

(Code of Iowa, Sec. 330.20)

26.02 APPOINTMENT AND TERM. Commissioners shall be appointed

by the Council for staggered terms of six years.

(Code of Iowa, Sec. 330.20)

26.03 VACANCIES. Vacancies shall be filled by appointment of the

Council to fill out the unexpired term for which the appointment was made.

(Code of Iowa, Sec. 330.20)

26.04 COMPENSATION. Members of the Commission shall serve without

compensation.

(Code of Iowa, Sec. 330.20)

26.05 BOND. Each Commissioner shall execute and furnish a bond in the

amount of one thousand dollars ($1,000.00) which bond shall be filed with the

City Clerk.

(Code of Iowa, Sec. 330.20)

26.06 OFFICERS. The Commission shall elect from its own members a

Chairperson and Secretary who shall serve for such term as the Commission

shall determine.

(Code of Iowa, Sec. 330.20)

26.07 POWERS AND DUTIES. The Commission shall have and exercise

the following powers and duties.

1. General. The Commission has all the powers in relation to

airports granted to cities under State law except powers to sell the

airport.

(Code of Iowa, Sec. 330.21)

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2. Budget. The Commission shall annually certify the amount of tax

to be levied for airport purposes, and upon such certification the Council

may include all or a portion of said amount in its budget.

(Code of Iowa, Sec. 330.21)

3. Funds. All funds derived from taxation or otherwise for airport

purposes shall be under the full and absolute control of the Commission

for the purposes prescribed by law, and shall be deposited with the

Treasurer or City Clerk to the credit of the Airport Commission, and

shall be disbursed only on the written orders of the Airport Commission,

including the payment of all indebtedness arising from the acquisition

and construction of airports and the maintenance, operation, and

extension thereof.

(Code of Iowa, Sec. 330.21)

26.08 ANNUAL REPORT. The Airport Commission shall immediately

after the close of each municipal fiscal year, file with the City Clerk a detailed

and audited written report of all money received and disbursed by the

Commission during said fiscal year, and shall publish a summary thereof in an

official newspaper.

(Code of Iowa, Sec. 330.22)

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CHAPTER 27

CEMETERY BOARD OF TRUSTEES

27.01 Board Created 27.09 Perpetual Care

27.02 Records 27.10 Perpetual Care Charge

27.03 Budget and Accounting

27.11 Exclusions

27.04 Sale of Interment Rights

27.12 Rules

–

Gen

eral Operation

27.05 T

ransfer of Interment Rights

27.13 Rul

Burials

27.06 Unoccupied Lots

27.14 Rules

–

Markers and Decorations

27.07 Fees and Charges

27.15 Liability

27.08 Corrections

27.16 Violations

Penalties

27.01 BOARD CREATED. The Cemetery Board of Trustees (hereinafter

referred to as the City Council) will consist of elected Bloomfield Council

persons. The City Council will continue to plan, maintain and operate the

I.O.O.F. and Bloomfield (South) Cemetery. Pursuant to Section 5231.502 of the

Code of Iowa, the City Council states its willingness and intention to act as the

trustee for the perpetual maintenance of the cemetery property.

The City Council shall establish rules that specify the cemetery's obligations in

the event that internment spaces, memorials or memorializations are damaged

or defaced by acts of vandalism. Such rules shall be given to the owner when

lots are purchased and posted at the facility in a manner to provide adequate

notice to the using public.

To accept gifts of real property, personal property and bequests, including trust

funds; and to expend the funds received from such gifts or bequests as may be

given by the donor or as directed by the City Council.

The City Council shall have and exercise in connection with the Bloomfield

cemeteries and any other cemetery that may in the future be deeded to or come

under the jurisdiction and control of the City, all of the powers and duties

imposed by law upon cities and towns in connection with the management of

cemeteries. Bloomfield cemeteries include the I.O.O.F. Cemetery and the

Bloomfield Cemetery.

27.02 RECORDS. It is the duty of the Clerk to make and keep complete

records identifying the owners of all interment rights sold by the cemetery and

historical information regarding any transfers of ownership. The records shall

include all of the following:

(Code of Iowa, Sec. 523I.311)

1. Sales or Transfers of Interment Rights.

A. The name and last known address of each owner or

previous owner of interment rights.

B. The date of each purchase or transfer of interment rights.

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C. A unique numeric or alphanumeric identifier that identifies

the location of each interment space sold by the cemetery.

2. Interments.

A. The date the remains are interred.

B. The name, date of birth and date of death of the decedent

interred, if those facts can be conveniently obtained.

C. A unique numeric or alphanumeric identifier that identifies

the location of each interment space where the remains are

interred.

27.03 BUDGET AND ACCOUNTING. The Clerk will prepare an annual

budget for the cemeteries and provide accurate monthly financial accounting for

the Board.

27.04 SALE OF INTERMENT RIGHTS. The sale of interment rights in

the cemetery shall be evidenced by a certificate of ownership or other

instrument evidencing the conveyance of exclusive rights of interment upon

payment in full of the purchase price. The agreement for interment rights shall

disclose all information required by Chapter 523I of the Code of Iowa. The

payment of all fees and charges shall be made at the office of the Clerk where

receipts will be issued for all amounts paid. Said fees and charges shall be

based upon the charges as established by the Board.

(Code of Iowa, Sec. 523I.310)

27.05 TRANSFER OF INTERMENT RIGHTS. The transfer of ownership

of exclusive interment rights in the cemetery shall be conducted by the Clerk's

office. Proof of ownership, and a notarized statement from owner(s) authorizing

transfer will be provided prior to transfer being conducted. Applicable fees and

charges shall be based upon the charges as established by the Board.

27.06 UNOCCUPIED LOTS. Any unoccupied lot will be presumed

abandoned under the conditions set out in state law for reversions, and the City

may sell such reverted lot, the proceeds from which shall be deposited in the

perpetual care fund to provide for the care of any occupied area of the reverted

property or there be no occupied portion, the proceeds from the sale portion

may be invested, and the interest thereon be used wherever deemed useful for

the care of cemetery.

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27.07 FEES AND CHARGES. The City Council shall, from time to time as

conditions require, set by resolution prices for conveyance of a deed for lots,

based on the size and location of each. The price shall include a portion for the

perpetual care charge as set by the resolution. The proceeds from the sale

portion shall be deposited in the general fund. The prices may be increased and

the proportion for perpetual care changed when the Council finds that the needs

of the cemetery require it. The Council shall also set by resolution charges for

grave opening/closing, locating, or other services. A locate fee will not be

assessed for individual government issued markers.

27.08 CORRECTIONS. The City reserves and shall have the right to correct

any errors that may be made in making either interments, disinterments, or

removals, or in the description, transfer or conveyance of any interment

property, either by canceling such conveyance and substituting and conveying

in lieu thereof other interment property of equal value and similar location as

far as possible, or as may be selected by the City or in the sole discretion of the

City, by refunding the amount of money paid on account of the purchase. In the

event such error shall involve the interment of the remains of any person in

such property, the City reserves the right to remove and transfer such remains to

such other property of equal value and similar location as far as reasonably

possible may be substituted and conveyed in lieu thereof.

27.09 PERPETUAL CARE. The Board, by resolution, shall accept, receive

and expend all moneys and property donated or left to them by bequest for

perpetual care, and that portion of interment space sales or permanent charges

made against interment spaces which has been set aside in a perpetual care

fund. The assets of the perpetual care fund shall be invested in accordance with

State law. The Board, by resolution, shall provide for the payment of interest

annually to the appropriate fund, or to the cemetery, or to the person in charge

of the cemetery to be used in caring for or maintaining the individual property

of the donor in the cemetery, or interment spaces which have been sold with

provisions for perpetual care, all in accordance with the terms of the donation or

bequest, or the terms of the sale or purchase of an interment space and Chapter

523I of the Code of Iowa.

(Code of Iowa, Sec. 523I.503, 523I.507 & 523I.508)

27.10 PERPETUAL CARE CHARGE. The purchase price of a lot shall

include a portion to be called the perpetual care charge, to be set as a percentage

of the full price, and the Clerk shall deposit such amount to a cemetery

perpetual care fund. The Council, by resolution, may accept gifts or donations

of land, money, or investment assets to be placed on the credit of the perpetual

care fund. The assets of the perpetual care fund shall be invested by the

treasurer as permitted by state law for municipal cemetery investments. The

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City shall use the income from such investments in caring for the property of

the donor, or as provided in the terms of such gift or donation, or as agreed in

the instrument for sale and purchase of cemetery lot. Nothing herein required

shall be construed as destroying any vested right as to investments heretofore

made prior to the date that the City acquired title to the cemetery or the fund,

but such investments may be continued until their maturity and then reinvested

according to the provisions of this section.

27.11 EXCLUSIONS. Perpetual care does not include marker upkeep.

27.12 RULES - GENERAL OPERATION. The following rules shall

govern general operations of the cemetery.

1. Persons within the cemetery shall at all times maintain decorum

of speech and action, including avoidance of loud talking or other noise.

2. No person shall drive any vehicle faster than five (5) miles per

hour or in a careless manner upon the cemetery roads nor drive

anywhere except upon such roads unless authorized by the cemetery

superintendent.

3. Persons shall walk only on roads and walkways or footpaths

except when absolutely necessary for maintenance of gravesites,

inspection of plots, installation of markers or decoration of graves.

4. No person shall deface or otherwise damage any marker,

headstone, monument, cemetery fence, or any other cemetery structure.

5. The hours of the cemetery shall be from sunrise to sunset each

day. Any person found in the cemetery after closing hours may be

considered trespassing and upon conviction of such, shall be subject to

penalties for simple misdemeanor.

6. No person, except an authorized City employee, shall cut,

remove, or carry away any flowers, trees, shrubs, plants, or vines from

any lot. However, the owner of a grave space may remove and carry

away any flowers, plant or vines that they have placed upon the grave

space. No person other than the owner of the grave space or City

employees in the performance of their duties shall remove, carry away,

or destroy any vases, flower pots, urns or other objects which have been

placed upon any grave space.

7. No person may consume or possess liquors or alcoholic beverages

of any kind on the cemetery grounds.

8. All persons seeking to plant trees, bushes, flowers or placement of

benches, used other than for a monument, etc., must first obtain

permission from the I.O.O.F. Foundation, with final approval by the

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Council prior to doing so. If approval is given, all maintenance and

upkeep will be the responsibility of the individual.

(Ord. 659 – Mar. 12 Supp.)

9. No person shall allow any dog or other animal belonging to him

or under his control to be in the City cemeteries, or any part thereof.

10. No person, other than law enforcement officers and persons

engaged in military funerals or like ceremonies whose functions require

the carrying of firearms, may carry any firearm in or upon the City

cemeteries grounds.

11. All persons using the cemetery grounds shall deposit their rubbish

and trash in the receptacle placed for that purpose.

12. Funeral directors shall notify the City or the City's designee of

any proposed burials in the Bloomfield I.O.O.F. Cemetery or Bloomfield

South Cemetery. Within ten (10) days after the date of burial, the funeral

director will present, in writing, to the City or its designee, the name of

the deceased, age, date of birth, date of death, date of burial, and name

and address of the responsible next of kin.

27.13 RULES - BURIALS. The following rules shall apply to burials and

disinterments within the City cemeteries:

1. Before any burial will be permitted, proper documentation of

ownership must be furnished to the City or the City's designee.

2. Lot owners are forbidden to allow interments to be made in their

lot for a remuneration other than by transfer.

3. All graves shall be dug by persons authorized by the City and

filling, sodding, boxing, mounding or other work upon single graves or

lot graves shall be done only by such authorized personnel.

4. No interment of any body other than a human being shall be

permitted or made in the City cemeteries, nor shall there be more than

one body per grave space except as may be authorized.

5. Arrangements for interments shall be made by the owner of the

burial space, by a member or members of the family acting and

authorized by law to act for the owner, or by an authorized funeral

director, or other authorized agent of the owner.

6. Notice of interment must be given to the City or the City's

designee at least forty-eight (48) hours in advance of burial.

7. The City shall in no manner be liable for any delay in the

interment of a body where a protest to the interment has been made or

where the rules and regulations of the cemetery have not been complied

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with. The City shall be under no duty to recognize any protest of

interment unless it be in writing and filed with the City Clerk.

8. The City shall not be responsible for errors resulting from orders

or instructions given by telephone. All orders must be in writing before

finalizing any action.

9. The City shall not be liable for the interment permit nor for the

identity of the body sought to be interred.

10. Cemetery employees shall exercise reasonable care in making a

removal but neither they nor the City shall assume any liability for

damages to any casket or burial case or urn incurred in making the

removal.

11. All interments shall be in a concrete box or steel outer receptacle.

12. All cremated remains shall be in a universal urn vault or other

receptacle of concrete.

13. There shall be no scattering of cremated remains in cemeteries

other than designated areas.

27.14 RULES - MARKERS AND DECORATIONS. The following rules

shall apply to the erection of markers within the City cemeteries:

1. There shall be only one marker per grave space, provided

however, that each grave space may have, in addition, an approved

military marker.

2. Monuments, grave markers, and other stone structures of every

description shall have suitable foundations, adequate to prevent tipping

or sinking. Such foundations shall be of rock, sand and cement (3 to 1

mix). The foundation shall be a total of four (4) inches (two inches on

either side) wider and longer than the stone with a minimum depth of

forty-two (42) inches with vertical walls. Forming shall be required if

walls collapse. All foundations shall be inspected by a person authorized

by the City.

3. All newly poured concrete foundations shall sit a minimum of

forty-eight (48) hours before the monument is placed on the foundation.

4. Location of the marker shall be determined by the City or the

City's designee and it must be set and maintained so that the top of the

foundation is flush with the surrounding ground, except in the Memorial

Addition where the top of the marker shall be flush with the surrounding

ground.

5. Slabs of any kind will not be permitted as coverings for graves.

Surface vaults will not be permitted.

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6. If any vault, tomb, mausoleum or like structure in which bodies

are entombed in the cemetery shall fall into a state of dilapidation or

decay, or shall be determined by the City Council to be offensive or in

any way injurious to the appearance of the cemetery, no adequate

provisions having been made by the owner for repair and preservation of

such structure, the City shall have the right to remove the offensive or

objectionable structure and to inter any body or bodies contained therein,

in the earth upon the lot on which such structure was located;

maintaining such lot thereafter in good and similar condition as done

with other lots in the cemetery.

7. No fences or enclosures around lots shall be permitted.

8. Authorized employees of the City may enter upon any lot and

remove any shrub, plant, ornament or other object which is deemed

detrimental to the cemetery or adjoining lots and for the purpose of

making any improvements deemed to be advantageous to the cemetery

grounds.

9. Any article, including flowers, left on the ground around the

tombstone/grave markers after March 20

, June 20

, and August 20

will be removed. Cemetery cleanup will last for five (5) days. Cemetery

cleanup will be a period of five (5) days beginning March 20

- 25

;

June 20

- 25

; and August 20

- 25

10. Lot owners and others are prohibited from placing on lots or

graves any globes, shells, cans, jugs, bottles, wooden benches, chairs,

settees, headboards, or wooden articles of any kind. Also prohibited are

long-term toys. Any such articles found on the cemetery grounds may be

removed at the discretion of the City.

11. A sign will be posted regarding removal of flowers that are on the

ground. Flower saddles, permanent vases that are attached to the

headstone, grave blankets, shepherd hooks and anything attached,

military crosses and military markers placed next to the marker, candles

and imitation flowers on headstones are allowed. Please have all

decorations or ornaments attached to or staked up against the headstone

with 8 inches of ground clearance. At the time of cleanup all ornaments

or decorations that interfere with trimming or mowing will be removed.

The City and mowers have the right to define what

ornaments/decorations interfere with mowing and trimming. Flowers

remaining from a burial will be removed after seven (7) days.

(Ord. 664 – Mar. 12 Supp.)

27.15 LIABILITY. The City shall take reasonable precautions to protect plot

owners and the property rights of plot owners within the cemetery from loss or

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damage, but it expressly shall not be liable for loss or damage beyond its

control, and in particularly, from damage caused by elements, an act of God,

common enemy, thieves, vandals, strikers, malicious mischief makers,

explosions, unavoidable civil disorder, whether the damage be direct or

consequential.

27.16 VIOLATIONS - PENALTIES. The violation of any provision of this

chapter shall constitute a simple misdemeanor.

(Ch. 27 - Ord. 625 – Oct. 06 Supp.)

CHAPTER 27

CEMETERY BOARD

OF TRUSTEES

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CODE OF ORDINANCES, BLOOMFIELD, IOWA

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CHAPTER 28

COMMUNITY AND ECONOMIC

DEVELOPMENT DIRECTOR

28.01 Appointment and Compensation 28.03 Committee

28.02 Powers and Duties

28.01 APPOINTMENT AND COMPENSATION. The Council shall

appoint by majority vote a Community and Economic Development Director

for the City of Bloomfield. The Director shall receive such compensation as

established by resolution of the Council.

28.02 POWERS AND DUTIES. The Director shall identify needs and

prepare programs to meet those needs including business expansion, retention,

business and industry attraction and recruitment, enhancement of tourism,

recreation and vitalization of the downtown area. The Director shall routinely

develop plans and make recommendations to the Council that will encourage

economic development and growth within the community. The Director shall

evaluate related programs and make recommendations to the City Council with

regard to the same. The Director shall inform and advise the City Council of

departmental needs. The Director shall prepare an annual budget and present

such budget to the Council, including a one-year detailed schedule of events,

expenses and plans and a three-year development outlook. Such plan shall

outline development goals for the coming year. The Director shall establish and

maintain relationships with local and county civic and government officials,

organizations, members of local industries and the Iowa Department of

Economic Development and other economic development organizations and

attend meetings of such as required. The Director shall develop and implement

marketing plans to promote jobs, revenue and business expansion goals and to

recruit and retain companies in the community. The Director shall represent the

community at seminars, classes, trade shows and other economic development

junctions. The Director shall attend City Council meetings and the Economic

Development Board meetings and make timely reports to the City Council and

the Economic Development Board. The Director shall provide technical support

on economic development issues to clients, potential employers and business

entities and shall facilitate an annual community economic development

strategic planning session.

CHAPTER 28 COMMUNITY AND ECONOMIC

DEVELOPMENT DIRECTOR

CODE OF ORDINANCES, BLOOMFIELD, IOWA

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28.03 COMMITTEE. It is hereby established a five-member or seven-

member committee, to be known as the Bloomfield Area Development Group,

said group consisting of the Mayor, two members of the Bloomfield City

Council appointed by the Mayor and approved by the City Council and two or

four citizens of Davis County, Iowa, appointed by the Mayor and approved by

the City Council. The members of the Bloomfield Area Development Group

shall serve a term of two years. Vacancies shall be filled by appointment of the

Mayor and approved by the Bloomfield City Council to fill an unexpired term

for which the appointment was made. Members of the committee shall serve

without compensation. The Bloomfield Area Development Group shall meet at

such times as the meeting is called by the Mayor or two members of the

Bloomfield Area Development Group. The Committee shall meet with the

community and economic Director to formulate plans and recommendations to

the Bloomfield City Council to promote community and economic development

of the City of Bloomfield, Iowa, and shall report to the City Council at least

semi-annually. The Bloomfield Area Development Group shall elect, from its

members, a chairman, vice chairman, secretary and such other officers it deems

necessary every two years.

(Ch. 28 - Ord. 624 – Oct. 06 Supp.)

CODE OF ORDINANCES, BLOOMFIELD, IOWA

-145 -

CHAPTER 30

POLICE DEPARTMENT

30.01 Department Established 30.07 Police Chief: Duties

30.02 Organization 30.08 Departmental Rules

30.03 Peace Officer Qualifications 30.09 Summoning Aid

30.04 Required Training 30.10 Taking Weapons

30.05 Compensation 30.11 Residency Requirement

30.06 Peace Officers Appointed

30.01 DEPARTMENT ESTABLISHED. The police department of the City

is established to provide for the preservation of peace and enforcement of law

and ordinances within the corporate limits of the City.

30.02 ORGANIZATION. The department consists of the Police Chief and

such other law enforcement officers and personnel, whether full or part time, as

may be authorized by the Council.

30.03 PEACE OFFICER QUALIFICATIONS. In no case shall any person

be selected or appointed as a law enforcement officer unless such person meets

the minimum qualification standards established by the Iowa Law Enforcement

Academy.

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

30.04 REQUIRED TRAINING. All peace officers shall have received the

minimum training required by law at an approved law enforcement training

school within one year of employment. Peace officers shall also meet the

minimum in-service training as required by law.

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

(IAC, 501-3 and 501-8)

30.05 COMPENSATION. Members of the department are designated by

rank and receive such compensation as shall be determined by resolution of the

Council.

30.06 PEACE OFFICERS APPOINTED. The Mayor shall appoint and

dismiss the Police Chief subject to the consent of a majority of the Council.

The Mayor shall also select, subject to the approval of Council, the other

members of the department.

(Code of Iowa, Sec. 372.4)

CHAPTER 30

POLICE DEPARTMENT

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30.07 POLICE CHIEF: DUTIES. The Police Chief has the following

powers and duties subject to the approval of the Council.

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

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

ordinance.

2. Enforce Laws. Enforce all laws, ordinances and regulations and

bring all persons committing any offense before the proper court.

3. Writs. Execute and return all writs and other processes directed

to the Police Chief.

4. Accident Reports. Report all motor vehicle accidents investigated

to the State Department of Transportation.

(Code of Iowa, Sec. 321.266)

5. Prisoners. Be responsible for the custody of prisoners, including

conveyance to detention facilities as may be required.

6. Assist Officials. When requested, provide aid to other City

officers, boards and commissions in the execution of their official duties.

7. Investigations. Provide for such investigation as may be

necessary for the prosecution of any person alleged to have violated any

law or ordinance.

8. Record of Arrests. Keep a record of all arrests made in the City

by showing whether said arrests were made under provisions of State

law or City ordinance, the offense charged, who made the arrest and the

disposition of the charge.

9. Reports. Compile and submit to the Mayor and Council an

annual report as well as such other reports as may be requested by the

Mayor or Council.

10. Command. Be in command of all officers appointed for police

work and be responsible for the care, maintenance and use of all

vehicles, equipment and materials of the department.

30.08 DEPARTMENTAL RULES. The Police Chief shall establish such

rules, not in conflict with the Code of Ordinances, and subject to the approval

of the Council, as may be necessary for the operation of the department.

30.09 SUMMONING AID. Any peace officer making a legal arrest may

orally summon as many persons as the officer reasonably finds necessary to aid

the officer in making the arrest.

(Code of Iowa, Sec. 804.17)

CHAPTER 30

POLICE DEPARTMENT

CODE OF ORDINANCES, BLOOMFIELD, IOWA

- 147 -

30.10 TAKING WEAPONS. Any person who makes an arrest may take

from the person arrested all items which are capable of causing bodily harm

which the arrested person may have within such person’s control to be disposed

of according to law.

(Code of Iowa, Sec. 804.18)

30.11 RESIDENCY REQUIREMENT. (Repealed by Ordinance No. 652-A

– Jul. 10 Supp.)

CHAPTER 30

POLICE DEPARTMENT

CODE OF ORDINANCES, BLOOMFIELD, IOWA

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CODE OF ORDINANCES, BLOOMFIELD, IOWA

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CHAPTER 35

FIRE DEPARTMENT

35.01 Establishment and Purpose 35.09 Constitution

35.02 Organization 35.10 Accidental Injury Insurance

35.03 Approved by Council 35.11 Liability Insurance

35.04 Training 35.12 Calls Outside City

35.05 Compensation 35.13 Mutual Aid

35.06 Fire Chief Appointed 35.14 Authority to Cite Violations

35.07 Fire Chief: Duties 35.15 Fees and Charges

35.08 Obedience to Fire Chief

35.01 ESTABLISHMENT AND PURPOSE. A volunteer fire department is

hereby established to prevent and extinguish fires and to protect lives and

property against fires, to promote fire prevention and fire safety, and to answer

all emergency calls for which there is no other established agency.

(Code of Iowa, Sec. 364.16)

35.02 ORGANIZATION. The department consists of the Fire Chief and

such other officers and personnel as may be authorized by the Council.

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

35.03 APPROVED BY COUNCIL. No person having otherwise qualified

shall be appointed to the department until such appointment is submitted to and

approved by a majority of the Council members.

35.04 TRAINING. All members of the department shall attend and actively

participate in regular or special training drills or programs as directed by the

Chief.

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

35.05 COMPENSATION. Members of the department shall be designated

by rank and receive such compensation as shall be determined by resolution of

the Council.

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

35.06 FIRE CHIEF APPOINTED. The Council shall appoint the Fire Chief

for a term of one year or to fill a vacancy. The Council shall be furnished the

department’s attendance records for drills, meetings and fires, and shall give

due consideration to such records in approving the appointment of a Fire Chief.

The Council may remove the Fire Chief by written order setting out the reasons

for removal which shall be filed with the City Clerk.

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

CHAPTER 35

FIRE DEPARTMENT

CODE OF ORDINANCES, BLOOMFIELD, IOWA

- 152 -

35.07 FIRE CHIEF: DUTIES. The Fire Chief shall perform all duties

required of the Fire Chief by law or ordinance, including but not limited to the

following:

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

1. Enforce Laws. Enforce ordinances and laws regulating fire

prevention and the investigation of the cause, origin and circumstances

of fires.

2. Technical Assistance. Upon request, give advice concerning

private fire alarm systems, fire extinguishing equipment, fire escapes and

exits and development of fire emergency plans.

3. Authority at Fires. When in charge of a fire scene, direct an

operation as necessary to extinguish or control a fire, perform a rescue

operation, investigate the existence of a suspected or reported fire, gas

leak, or other hazardous condition, or take any other action deemed

necessary in the reasonable performance of the department’s duties.

(Code of Iowa, Sec. 102.2)

4. Control of Scenes. Prohibit an individual, vehicle or vessel from

approaching a fire scene and remove from the scene any object, vehicle,

vessel or individual that may impede or interfere with the operation of

the fire department.

(Code of Iowa, Sec. 102.2)

5. Authority to Barricade. When in charge of a fire scene, place or

erect ropes, guards, barricades or other obstructions across a street, alley,

right-of-way, or private property near the location of the fire or

emergency so as to prevent accidents or interference with the fire

fighting efforts of the fire department, to control the scene until any

required investigation is complete, or to preserve evidence related to the

fire or other emergency.

(Code of Iowa, Sec. 102.3)

6. Command. Be charged with the duty of maintaining the

efficiency, discipline and control of the fire department. The members

of the fire department shall, at all times, be subject to the direction of the

Fire Chief.

7. Property. Exercise and have full control over the disposition of

all fire apparatus, tools, equipment and other property used by or

belonging to the fire department.

8. Notification. Whenever death, serious bodily injury, or property

damage in excess of $200,000 has occurred as a result of a fire, or if

arson is suspected, notify the State Fire Marshal’s Division immediately.

CHAPTER 35

FIRE DEPARTMENT

CODE OF ORDINANCES, BLOOMFIELD, IOWA

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For all other fires causing an estimated damage of $50.00 or more or

emergency responses by the Fire Department, file a report with the Fire

Marshal’s Division within ten (10) days following the end of the month.

The report shall indicate all fire incidents occurring and state the name of

the owners and occupants of the property at the time of the fire, the value

of the property, the estimated total loss to the property, origin of the fire

as determined by investigation, and other facts, statistics, and

circumstances concerning the fire incidents.

(Code of Iowa, Sec. 100.2 & 100.3)

9. Right of Entry. Have the right, during reasonable hours, to enter

any building or premises within the Fire Chief’s jurisdiction for the

purpose of making such investigation or inspection which under law or

ordinance may be necessary to be made and is reasonably necessary to

protect the public health, safety and welfare.

(Code of Iowa, Sec. 100.12)

10. Recommendation. Make such recommendations to owners,

occupants, caretakers or managers of buildings necessary to eliminate

fire hazards.

(Code of Iowa, Sec. 100.13)

11. Assist State Fire Marshal. At the request of the State Fire

Marshal, and as provided by law, aid said marshal in the performance of

duties by investigating, preventing and reporting data pertaining to fires.

(Code of Iowa, Sec. 100.4)

12. Records. Cause to be kept records of the fire department

personnel, fire fighting equipment, depreciation of all equipment and

apparatus, the number of responses to alarms, their cause and location,

and an analysis of losses by value, type and location of buildings.

13. Reports. Compile and submit to the Mayor and Council an

annual report of the status and activities of the department as well as

such other reports as may be requested by the Mayor or Council.

35.08 OBEDIENCE TO FIRE CHIEF. No person shall willfully fail or

refuse to comply with any lawful order or direction of the Fire Chief.

35.09 CONSTITUTION. The department shall adopt a constitution and

bylaws as they deem calculated to accomplish the object contemplated, and

such constitution and bylaws and any change or amendment to such

constitution and bylaws before being effective, must be approved by the

Council.

CHAPTE

R 35

FIRE DEPARTMENT

CODE OF ORDINANCES, BLOOMFIELD, IOWA

- 154 -

35.10 ACCIDENTAL INJURY INSURANCE. The Council shall contract

to insure the City against liability for worker’s compensation and against

statutory liability for the costs of hospitalization, nursing, and medical attention

for volunteer fire fighters injured in the performance of their duties as fire

fighters whether within or outside the corporate limits of the City. All

volunteer fire fighters shall be covered by the contract.

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

35.11 LIABILITY INSURANCE. The Council shall contract to insure

against liability of the City or members of the department for injuries, death or

property damage arising out of and resulting from the performance of

departmental duties within or outside the corporate limits of the City.

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

35.12 CALLS OUTSIDE CITY. The department shall answer calls to fires

and other emergencies outside the City limits if the Fire Chief determines that

such emergency exists and that such action will not endanger persons and

property within the City limits.

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

35.13 MUTUAL AID. Subject to approval by resolution of the Council, the

department may enter into mutual aid agreements with other legally constituted

fire departments. Copies of any such agreements shall be filed with the Clerk.

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

35.14 AUTHORITY TO CITE VIOLATIONS. Fire officials acting under

the authority of Chapter 100 of the Code of Iowa may issue citations in

accordance to Chapter 805 of the Code of Iowa, for violations of state and/or

local fire safety regulations.

(Code of Iowa, Sec. 100.41)

35.15 FEES AND CHARGES.

1. Fire Service Charges.

Vehicle Fires / Vehicle Accidents

Jaws of Life, an additional

Grass Fires

If a set fire becomes uncontrollable and prior

notification was given to the Davis County Law

Enforcement

$250

Residential Fires / Residential Structures

CHAPTER 35

FIRE DEPARTMENT

CODE OF ORDINANCES, BLOOMFIELD, IOWA

- 155 -

Commercial Struc

ture Fires

If fire or investigation of the fire event exceeds two

hours in duration, an additional $350 per hour, billed in

Replacement costs of any equipment of firefighting

Hazardous Material Response

 Plus, $45/firefighter/hour

 Plus, replacement cost of hazmat materials

 Costs billed in 15-minute increments after the

first hour

$350/truck/hour

All fees will be charged at the discretion of the Bloomfield Fire Chief.

2. The Fire Chief shall forward all invoices for services rendered by

the Bloomfield Volunteer Fire Department to the City Clerk. The City

Clerk is hereby directed to issue invoices for such fires, and to collect

such fees on behalf of the City of Bloomfield and to deposit such fees in

the City’s general fund.

(Ord. 699 – Aug. 19 Supp.)

CHAPTER 35

FIRE DEPARTMENT

CODE OF ORDINANCES, BLOOMFIELD, IOWA

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CODE OF ORDINANCES, BLOOMFIELD, IOWA

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CHAPTER 36

HAZARDOUS SUBSTANCE SPILLS

36.01 Purpose 36.05 Notifications

36.02 Definitions 36.06 Police Authority

36.03 Cleanup Required 36.07 Liability

36.04 Liability for Cleanup Costs

36.01 PURPOSE. In order to reduce the danger to the public health, safety

and welfare from the leaks and spills of hazardous substances, these regulations

are promulgated to establish responsibility for the treatment, removal and

cleanup of hazardous substance spills within the City limits.

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

defined:

1. “Cleanup” means actions necessary to contain, collect, control,

identify, analyze, clean up, treat, disperse, remove or dispose of a

hazardous substance.

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

2. “Hazardous condition” means any situation involving the actual,

imminent or probable spillage, leakage, or release of a hazardous

substance onto the land, into a water of the State or into the atmosphere

which creates an immediate or potential danger to the public health or

safety or to the environment.

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

3. “Hazardous substance” means any substance or mixture of

substances that presents a danger to the public health or safety and

includes, but is not limited to, a substance that is toxic, corrosive, or

flammable, or that is an irritant or that generates pressure through

decomposition, heat, or other means. “Hazardous substance” may

include any hazardous waste identified or listed by the administrator of

the United States Environmental Protection Agency under the Solid

Waste Disposal Act as amended by the Resource Conservation and

Recovery Act of 1976, or any toxic pollutant listed under section 307 of

the Federal Water Pollution Control Act as amended to January 1, 1977,

or any hazardous substance designated under Section 311 of the Federal

Water Pollution Control Act as amended to January 1, 1977, or any

hazardous material designated by the Secretary of Transportation under

the Hazardous Materials Transportation Act.

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

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4. “Responsible person” means a person who at any time produces,

handles, stores, uses, transports, refines, or disposes of a hazardous

substance, the release of which creates a hazardous condition, including

bailees, carriers, and any other person in control of a hazardous

substance when a hazardous condition occurs, whether the person owns

the hazardous substance or is operating under a lease, contract, or other

agreement with the legal owner of the hazardous substance.

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

36.03 CLEANUP REQUIRED. Whenever a hazardous condition is created

by the deposit, injection, dumping, spilling, leaking or placing of a hazardous

substance, so that the hazardous substance or a constituent of the hazardous

substance may enter the environment or be emitted into the air or discharged

into any waters, including ground waters, the responsible person shall cause the

condition to be remedied by a cleanup, as defined in the preceding section, as

rapidly as feasible to an acceptable, safe condition. The costs of cleanup shall

be borne by the responsible person. If the responsible person does not cause the

cleanup to begin in a reasonable time in relation to the hazard and

circumstances of the incident, the City may, by an authorized officer, give

reasonable notice, based on the character of the hazardous condition, said notice

setting a deadline for accomplishing the cleanup and stating that the City will

proceed to procure cleanup services and bill the responsible person for all costs

associated with the cleanup if the cleanup is not accomplished within the

deadline. In the event that it is determined that immediate cleanup is necessary

as a result of the present danger to the public health, safety and welfare, then no

notice shall be required and the City may proceed to procure the cleanup and

bill the responsible person for all costs associated with the cleanup. If the bill

for those services is not paid within thirty (30) days, the City Attorney shall

proceed to obtain payment by all legal means. If the cost of the cleanup is

beyond the capacity of the City to finance it, the authorized officer shall report

to the Council and immediately seek any State or Federal funds available for

said cleanup.

36.04 LIABILITY FOR CLEANUP COSTS. The responsible person shall

be strictly liable for all of the following:

1. The reasonable cleanup costs incurred by the City as a result of

the failure of the responsible person to clean up a hazardous substance

involved in a hazardous condition.

2. The reasonable costs incurred by the City to evacuate people from

the area threatened by a hazardous condition caused by the person.

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3. The reasonable damages to the City for the injury to, destruction

of, or loss of City property, including parks and roads, resulting from a

hazardous condition caused by that person, including the costs of

assessing the injury, destruction or loss.

36.05 NOTIFICATIONS.

1. A person manufacturing, storing, handling, transporting, or

disposing of a hazardous substance shall notify the State Department of

Natural Resources and the Fire Chief of the occurrence of a hazardous

condition as soon as possible but not later than six (6) hours after the

onset of the hazardous condition or discovery of the hazardous condition.

The Fire Chief shall immediately notify the Department of Natural

Resources.

2. Any other person who discovers a hazardous condition shall

notify the Fire Chief, who shall then notify the Department of Natural

Resources.

36.06 POLICE AUTHORITY. If the circumstances reasonably so require,

the Fire Chief or an authorized representative may:

1. Evacuate persons from their homes to areas away from the site of

a hazardous condition, and

2. Establish perimeters or other boundaries at or near the site of a

hazardous condition and limit access to cleanup personnel.

No person shall disobey an order of the Fire Chief issued under this section.

36.07 LIABILITY. The City shall not be liable to any person for claims of

damages, injuries, or losses resulting from any hazardous condition, unless the

City is the responsible person as defined in Section 36.02[4].

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CHAPTER 39

NOISE CONTROL

39.01 Purpose 39.05 Vehicle Noise Limits

39.02 Definitions 39.06 Permits

39.03 Measurement of Noise and Sound 39.07 Maximum Sound to Be Permitted

39.04 Test Measurement and Requirements for 39.08 Exceptions

Determination and Classification of Sound 39.09 Penalties for Offenses Pertaining to Noise Control

39.01 PURPOSE. It is the purpose of this chapter to prevent excessive sound

which is a serious hazard to the public health and welfare and to the quality of

life in the City of Bloomfield.

39.02 DEFINITIONS. All terminology used in this chapter and not defined

below shall be in conformance with applicable publications of the American

National Standards Institute (ANSI) or its successor body.

1. “A-weighted sound level (sound level)” means the sound pressure

level in decibels as measured on a sound level meter using the A-

weighting network. The level so read shall be designated dB(A) or dBA.

2. “Decibel” means a logarithmic and dimensionless unit of measure

often used in describing the amplitude of sound. Decibel is denoted as

dB.

3. “Emergency work” means work made necessary to restore

property to a safe condition following a public calamity, work to restore

public utilities, or work required to protect persons or property from

imminent danger.

4. “Emergency vehicle” means a motor vehicle used in response to a

(public) calamity or to protect persons or property from imminent

danger.

5. “Gross vehicle weight” means the value specified by the

manufacturer as the loaded weight of a vehicle.

6. “Person” means any individual, association, partnership,

corporation or officer thereof.

7. “Sound” means a temporal and spatial oscillation in pressure, or

other physical quantity, in a medium with internal forces that causes

compression and rarefaction of that medium, and which propagates at

finite speed to distant points.

8. “Sound level meter” means an instrument, including a

microphone, amplifier, output meter and weighting networks, that is

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sensitive to pressure fluctuations. The output meter reads sound pressure

level in decibels when properly calibrated and the instrument is of Type

2 or better as specified in American National Standards Institute

Publication SI. 4-1971, or its successor publication.

39.03 MEASUREMENT OF NOISE AND SOUND. The measurement of

sound or noise shall be made with a sound level meter meeting the standards

prescribed by the American National Standards Institute. The instruments shall be

maintained in calibration and good working order. A calibration check shall be

made of the system at the time of any noise measurement. Measurements recorded

shall be taken so as to provide a proper representation of the noise source. The

microphone during measurement shall be positioned so as not to create any

unnatural enhancement or diminution of the measured noise. A windscreen for the

microphone shall be used when required. The measurement shall be an A-weighted,

slow response sound level.

39.04 TEST MEASUREMENT AND REQUIREMENTS FOR

DETERMINATION AND CLASSIFICATION OF SOUND.

1. No person shall engage or participate in the making and creating

of an excessive or unusually loud sound within the City heard and

measured in the manner prescribed below, except when done under and

in compliance with a permit issued pursuant to this chapter.

2. It shall be the duty of persons in a position of ownership,

possession or control of premises to prevent such premises from being

the site of activities producing sound levels in excess of what is

permitted under this chapter. Failure or refusal to perform such duty

shall constitute a violation of this section.

3. It shall be the duty of persons in positions of leadership or

responsibility with respect to unincorporated associations, groups, gatherings,

and assemblages of people to prevent such from causing or making sound

levels in excess of what is permitted under this chapter. Failure or refusal to

perform such duty shall constitute a violation of this section.

4. For the purpose of determining and classifying any sound as

excessive or unusually loud, the following test measurement and

requirements are to be applied:

A. The sound shall be measured at the edge of the City street or

alley right-of-way reasonably appearing to be nearest to the source of

the sound, or if in a park or agriculturally zoned area, approximately

25’ from the source of the sound. When a complaint is received, a

measurement may also be taken at a location on the property where

the complaining party was disturbed.

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B. The sound shall be measured on a sound level meter of

standard design and quality operated in the “A” slow response

weighting scale.

C. A sound measured or registered in excess of the maximum

permitted levels according to the following table, is declared to be

excessive and unusually loud and is unlawful.

Neighborhood

Characteristics

Maximum Permitted

Residential 60 between 6:00 a.m. & 9:00 p.m., Monday-Friday

60 between 8:00 a.m. & 9:00 p.m., Saturday

55 between 9:00 p.m. & 6:00 a.m., Monday-Friday

55 between 9:00 p.m. & 8:00 a.m., Saturday

Park or

Agriculturally

39.05 VEHICLE NOISE LIMITS. It shall be unlawful for any person to

operate or for the owner to cause or permit to be operated within the public right-of-

way in this City, any motor vehicle which emits a noise in excess of the dB(A) level

established in this section.

1. The maximum allowable noise levels for motor vehicles shall be

75 dB(A) measured at a distance of twenty-five feet.

2. This section applies to the total noise from a motor vehicle and

shall not be construed as limiting or precluding the enforcement of any

other provisions of this ordinance.

3. No person shall modify the exhaust system of a motor vehicle or

any other noise abatement device of a motor vehicle or operate any such

vehicle or device in this City in a manner that the noise emitted by the

motor vehicle is above that emitted by the vehicle as originally

manufactured. Muffler cutouts, by-passes, or other devices which

increase sound emitted shall be unlawful.

4. The sound shall be measured on a sound level meter of standard

design and quality operated on the “A” slow response weighting scale.

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39.06 PERMITS. Applications for a permit for relief from the provisions of

this ordinance may be made to the City Administrator, or a duly authorized

representative, pursuant to the following procedure:

1. All permits must be applied for in writing during normal business

hours stating what devices are to be employed, where they are to be

employed, on what date(s) and at what times of day they are to be used,

the nature of the sounds to be produced or amplified and the number of

people in attendance, and the persons responsible for the activity.

2. Permits granted shall state with reasonable specificity the date(s),

location(s), time(s), nature of the sound, devices permitted, number of

people in attendance, and the persons responsible for the activity.

3. Permits shall not be arbitrarily or unreasonably withheld nor shall

the free expression of ideas or lawful speech be restrained, but sound and

noise producing conduct having no communicative value and serving

only to unreasonably disturb and disrupt the enjoyment of residences and

normal pursuits shall be restrained.

4. The City Administrator may prescribe any conditions or

requirements deemed necessary to minimize adverse effects upon the

community or the surrounding neighborhood.

39.07 MAXIMUM SOUND TO BE PERMITTED. When a permit has

been issued pursuant to this chapter or individuals are discharging fireworks as

allowed under Ordinance No. 695, the sound levels listed in the following table

shall be the maximum levels permitted:

Sound Level Limit in dB(A)* Duration

hours

12 hours

6 hours

3 hours

1.5 hours

The above-stated duration for each sound level shall not be exceeded. The

sound level shall be measured in the same manner as set out in 39.04(4).

39.08 EXCEPTIONS. The requirements, prohibitions, and terms of this chapter

shall not apply to emergency work or to any authorized emergency vehicle, when

responding to an emergency call or acting in time of emergency. The terms of this

section shall not apply to those activities of a temporary duration, permitted by law

and for which a license or permit therefor has been granted by the City, including but

not limited to parades, fireworks displays, and the outdoor warning system, and all

other authorized activities occurring on government property. Also excepted are

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individual discharge of fireworks as allowed under Ordinance No. 695 as long as the

discharge does not exceed the maximum sound noted in 39.07, nonprofessional

athletic contests and all construction work.

39.09 PENALITIES FOR OFFENSES PERTAINING TO NOISE

CONTROL.

1. A violation of any provision of Chapter 39, Noise Control, shall

be a municipal infraction punishable by a penalty of $50 for a person’s

first violation and $100 for each repeat violation.

2. Alternatively, a violation of any provision of Chapter 39, Noise

Control, can be charged by a peace officer of the City as a simple

misdemeanor.

(Ch. 39 – Ord. 703 – Aug. 19 Supp.)

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CHAPTER 40

PUBLIC PEACE

40.01 Assault 40.04 Unlawful Assembly

40.02 Harassment 40.05 Failure to Disperse

40.03 Disorderly Conduct

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

following:

1. Pain or Injury. Any act which is intended to cause pain or injury

to, or which is intended to result in physical contact which will be

insulting or offensive to another, coupled with the apparent ability to

execute the act.

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

2. Threat of Pain or Injury. Any act which is intended to place

another in fear of immediate physical contact which will be painful,

injurious, insulting, or offensive, coupled with the apparent ability to

execute the act.

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

However, where the person doing any of the above enumerated acts, and such

other person, are voluntary participants in a sport, social or other activity, not in

itself criminal, and such act is a reasonably foreseeable incident of such sport or

activity, and does not create an unreasonable risk or serious injury or breach of

the peace, the act is not an assault. Provided, where the person doing any of the

above enumerated acts is employed by a school district or accredited nonpublic

school, or is an area education agency staff member who provides services to a

school or school district, and intervenes in a fight or physical struggle, or other

disruptive situation that takes place in the presence of the employee or staff

member performing employment duties in a school building, on school grounds

or at an official school function regardless of the location, the act is not an

assault, whether the fight or physical struggle or other disruptive situation is

between students or other individuals if the degree and the force of the

intervention is reasonably necessary to restore order and to protect the safety of

those assembled.

(Code of Iowa, Sec. 708.1)

40.02 HARASSMENT. No person shall commit harassment.

1. A person commits harassment when, with intent to intimidate,

annoy or alarm another person, the person does any of the following:

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A. Communicates with another by telephone, telegraph,

writing or via electronic communication without legitimate

purpose and in a manner likely to cause the other person

annoyance or harm.

(Code of Iowa, Sec. 708.7)

B. Places any simulated explosive or simulated incendiary

device in or near any building, vehicle, airplane, railroad engine

or railroad car, or boat occupied by the other person.

(Code of Iowa, Sec. 708.7)

C. Orders merchandise or services in the name of another, or

to be delivered to another, without such other person’s knowledge

or consent.

(Code of Iowa, Sec. 708.7)

D. Reports or causes to be reported false information to a law

enforcement authority implicating another in some criminal

activity, knowing that the information is false, or reports the

alleged occurrence of a criminal act, knowing the same did not

occur.

(Code of Iowa, Sec. 708.7)

2. A person commits harassment when the person, purposefully and

without legitimate purpose, has personal contact with another person,

with the intent to threaten, intimidate or alarm that other person. As used

in this section, unless the context otherwise requires, “personal contact”

means an encounter in which two or more people are in visual or

physical proximity to each other. “Personal contact” does not require a

physical touching or oral communication, although it may include these

types of contacts.

40.03 DISORDERLY CONDUCT. No person shall do any of the

following:

1. Fighting. Engage in fighting or violent behavior in any public

place or in or near any lawful assembly of persons, provided that

participants in athletic contests may engage in such conduct which is

reasonably related to that sport.

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

2. Noise. Make loud and raucous noise in the vicinity of any

residence or public building which causes unreasonable distress to the

occupants thereof.

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

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3. Abusive Language. Direct abusive epithets or make any

threatening gesture which the person knows or reasonably should know

is likely to provoke a violent reaction by another.

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

4. Disrupt Lawful Assembly. Without lawful authority or color of

authority, disturb any lawful assembly or meeting of persons by conduct

intended to disrupt the meeting or assembly.

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

5. False Report of Catastrophe. By words or action, initiate or

circulate a report or warning of fire, epidemic, or other catastrophe,

knowing such report to be false or such warning to be baseless.

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

6. Disrespect of Flag. Knowingly and publicly use the flag of the

United States in such a manner as to show disrespect for the flag as a

symbol of the United States, with the intent or reasonable expectation

that such use will provoke or encourage another to commit a public

offense.

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

7. Obstruct Use of Street. Without authority or justification,

obstruct any street, sidewalk, highway, or other public way, with the

intent to prevent or hinder its lawful use by others.

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

40.04 UNLAWFUL ASSEMBLY. It is unlawful for three or more persons

to assemble together, with them or any of them acting in a violent manner, and

with intent that they or any of them will commit a public offense. No person

shall willingly join in or remain part of an unlawful assembly, knowing or

having reasonable grounds to believe it is such.

(Code of Iowa, Sec. 723.2)

40.05 FAILURE TO DISPERSE. A peace officer may order the

participants in a riot or unlawful assembly or persons in the immediate vicinity

of a riot or unlawful assembly to disperse. No person within hearing distance

of such command shall refuse to obey.

(Code of Iowa, Sec. 723.3)

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CHAPTER 41

PUBLIC HEALTH AND SAFETY

41.01 Distributing Dangerous Substances 41.08 Barbed Wire and Electric Fences

41.02 False Reports to or Communications with Public 41.09 Discharging Weapons

Safety Entities 41.10 Throwing and Shooting

41.03 Refusing to Assist Officer 41.11 Urinating and Defecating

41.04 Harassment of Public Officers and Employees 41.12 Fireworks

41.05 Interference with Official Acts 41.13 Drug Paraphernalia

41.06 Abandoned or Unattended Refrigerators 41.14 Smoking Prohibition

41.07 Antenna and Radio Wires 41.15 Pseudoephedrine Restrictions

41.01 DISTRIBUTING DANGEROUS SUBSTANCES. No person shall

distribute samples of any drugs or medicine, or any corrosive, caustic,

poisonous or other injurious substance unless the person delivers such into the

hands of a competent person, or otherwise takes reasonable precautions that the

substance will not be taken by children or animals from the place where the

substance is deposited.

(Code of Iowa, Sec. 727.1)

41.02 FALSE REPORTS TO OR COMMUNICATIONS WITH PUBLIC

SAFETY ENTITIES. No person shall do any of the following:

(Code of Iowa, Sec. 718.6)

1. Report or cause to be reported false information to a fire

department, a law enforcement authority or other public safety entity,

knowing that the information is false, or report the alleged occurrence of

a criminal act knowing the act did not occur.

2. Telephone an emergency 911 communications center, knowing

that he or she is not reporting an emergency or otherwise needing

emergency information or assistance.

3. Knowingly provide false information to a law enforcement officer

who enters the information on a citation.

41.03 REFUSING TO ASSIST OFFICER. Any person who is requested or

ordered by any magistrate or peace officer to render the magistrate or officer

assistance in making or attempting to make an arrest, or to prevent the

commission of any criminal act, shall render assistance as required. No person

shall unreasonably and without lawful cause, refuse or neglect to render

assistance when so requested.

(Code of Iowa, Sec. 719.2)

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41.04 HARASSMENT OF PUBLIC OFFICERS AND EMPLOYEES.

No person shall willfully prevent or attempt to prevent any public officer or

employee from performing the officer’s or employee’s duty.

(Code of Iowa, Sec. 718.4)

41.05 INTERFERENCE WITH OFFICIAL ACTS. No person shall

knowingly resist or obstruct anyone known by the person to be a peace officer,

emergency medical care provider or fire fighter, whether paid or volunteer, in

the performance of any act which is within the scope of the lawful duty or

authority of that officer, emergency medical care provider or fire fighter, or

shall knowingly resist or obstruct the service or execution by any authorized

person of any civil or criminal process or order of any court. The terms “resist”

and “obstruct” as used in this section do not include verbal harassment unless

the verbal harassment is accompanied by a present ability and apparent

intention to execute a verbal threat physically.

(Code of Iowa, Sec. 719.1)

41.06 ABANDONED OR UNATTENDED REFRIGERATORS. No

person shall abandon or otherwise leave unattended any refrigerator, ice box, or

similar container, with doors that may become locked, outside of buildings and

accessible to children, nor shall any person allow any such refrigerator, ice box,

or similar container, to remain outside of buildings on premises in the person’s

possession or control, abandoned or unattended and so accessible to children.

(Code of Iowa, Sec. 727.3)

41.07 ANTENNA AND RADIO WIRES. It is unlawful for a person to

allow antenna wires, antenna supports, radio wires or television wires to exist

over any street, alley, highway, sidewalk, public way, public ground or public

building without written consent of the Council.

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

41.08 BARBED WIRE AND ELECTRIC FENCES. It is unlawful for a

person to use barbed wire or electric fences to enclose land within the City

limits without the written consent of the Council unless such land consists of

ten (10) acres or more and is used as agricultural land.

41.09 DISCHARGING WEAPONS.

1. It is unlawful for a person to discharge rifles, shotguns, revolvers,

pistols, guns or other firearms of any kind within the City limits except

by written consent of the Council.

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

manner.

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41.10 THROWING AND SHOOTING. It is unlawful for a person to throw

stones, bricks or missiles of any kind or to shoot arrows, rubber guns,

slingshots, air rifles, BB guns or other dangerous instruments or toys on or into

any street, alley, highway, sidewalk, public way, public ground or public

building, without written consent of the Council.

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

41.11 URINATING AND DEFECATING. It is unlawful for any person to

urinate or defecate onto any sidewalk, street, alley, or other public way, or onto

any public or private building, including but not limited to the wall, floor,

hallway, steps, stairway, doorway or window thereof, or onto any public or

private land.

41.12 FIREWORKS. The sale, use or exploding of fireworks within the

City are subject to the following:

1. Definition. For purposes of this section, definitions are

enumerated in the Iowa Code Section 727.2 and 101A.1, which

definitions are incorporated herein by reference thereto.

2. Sales – General Requirements.

A. Prior to any person engaging in the sale of consumer

fireworks, the following shall be provided to the Fire Chief:

(1) License. Proof of valid license issued from the

State Fire Marshal.

(2) Liability Insurance. Proof of liability insurance

separate from the building property insurance specifically

showing coverage of fireworks sales for an aggregate

amount of $2,000,000.

(3) Fire Inspection. Any property, building, or premise

whether it be permanent or temporary, intended for the sale

of consumer fireworks shall have an initial fire inspection

completed by the Fire Chief prior to engaging in the sale of

consumer fireworks. The Fire Chief or their designee shall

cause an annual inspection to occur meeting the

requirements of the National Fire Protection Code 1124

(2006 Edition) and the current fire code adopted by the

City of Bloomfield. Inspection costs shall be assessed as

follows:

(a) Permanent structure where fireworks are sold

– annual inspection fee of $100.

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(b) Temporary or non-brick or mortar building

where fireworks are sold – annual inspection fee of

$200.

B. Dates of Sale. It shall be unlawful to sell consumer

fireworks without meeting the requirements specified in this

ordinance, or to sell fireworks outside of the dates specified

below.

(1) Approved consumer fireworks sales meeting the

requirements of this chapter shall be allowed from an

approved permanent structure or building between June 1

and July 8 and from December 10 until January 3.

(2) Approved consumer fireworks sales meeting the

requirements of this chapter shall be allowed from an

approved temporary structure between June 13 and July 8.

C. Safety Requirements. The following safety requirements

shall be adopted for all locations where consumer fireworks are

sold:

(1) Not more than 100 pounds of total aggregate weight

of DOT 1.4 class consumer fireworks shall be located

inside a commercial business with other mercantile

products for sale.

(2) Not more than 500 pounds of total aggregate weight

of DOT 1.4 class consumer fireworks shall be located

inside a building where fireworks are the primary business.

(3) Not more than 1000 pounds of total aggregate

weight of DOT 1.4 class consumer fireworks shall be

located in a temporary structure used primarily for

fireworks sales.

(4) Any permanent or temporary structure used

primarily for the purpose of consumer fireworks sales shall

be located 35 feet from a property line, public roadway,

alley, or highway; and 70 feet from an inhabited building

unless further restricted by requirements of the State Fire

Marshall.

(5) Smoking, open flame source, or matches shall not

be located within 50 feet where consumer fireworks are

sold. The following exemptions apply:

(a) Lighters and matches may be sold as part of

a retail business in commercial structures who

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engage in other merchandise sales where consumer

fireworks are not the primary business.

(b) Locations that engage in consumer fireworks

sales as a primary source of revenue may sell

extended lighters so long as lighters are located in a

sealed package and not opened within the store

premises.

(6) All electrical wiring shall meet NFPA 70 National

Electrical Code. Permanent structures or buildings used

primarily for consumer fireworks sales shall meet wiring

requirements for a hazardous location, including covered

light fixtures to avoid sparks upon failure to damage to

lights.

(7) Locations shall maintain a 48-inch clear aisle

between consumer fireworks display shelves.

(8) Locations shall maintain two approved exits for

egress during an emergency. All approved exits shall be

clearly marked with signage; except that, exit signs shall

be illuminated in permanent structures.

(9) Consumer fireworks sales shall only be permitted in

a single story at grade building or structure to facilitate

easy exiting during an emergency.

(10) Locations shall have a minimum of two 10 pound

ABC rated fire extinguishers mounted in accordance with

NFPA 10. Additional fire extinguishers shall be placed in

locations to prevent travel distance exceeding 75 feet in

order to reach a fire extinguisher.

(11) All doors used as service doors outside the view of

a clerk shall be locked to prevent unauthorized persons

from entering the building unnoticed. If doors are

approved exit doors as part of the two approved exits

needed, they shall be operable without special tools, keys,

or knowledge. Delayed or alarmed egress door are

permitted so long as release is activated within 8 seconds.

(12) No persons under the influence of alcohol, drugs, or

narcotics, shall be allowed to remain in the business where

consumer fireworks are sold as a primary business.

(13) No more than one conex container or approved

explosive magazine shall be located on site for short-term

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storage of extra product. All containers shall be properly

placarded and equipped with tamper proof locking devices.

It is permitted to place containers in a security fenced area.

(14) Individual consumer fireworks devices or opened

consumer fireworks packages shall not be permitted to be

displayed. No open fuses shall be exposed during storage

inside a sales location.

(15) Consumer fireworks sales shall only be allowed in

areas zoned for commercial use.

(16) Any person engaged in consumer firework sales in

any other zone other than commercial zoned areas shall not

be approved for sales within the City limits.

(17) No person shall sell a DOT 1.4 class consumer

firework to a person under the age of 18.

(18) Consumer fireworks shall not be sold to an

intoxicated person or to any person whom a reasonable

person would believe may be impaired by other

substances.

3. Fireworks – Discharging General Requirements.

A. No person under the age of 18 shall discharge a DOT 1.4

class consumer firework without parental supervision.

B. A person shall only discharge a consumer fireworks device

on real property they own or on property where consent has been

given. Novelties, including snakes, sparklers, or caps, can be

discharged on a public place so long as all trash, wrappers, and

wires are properly disposed of.

C. Consumer fireworks shall not be discharged by persons

showing visible signs of, or determined to be, intoxicated or under

the influence of a drug or narcotic.

D. Any person discharging a consumer fireworks device

assumes all responsibility for its operation and the consequences

thereof. No person shall discharge a consumer fireworks device

in a reckless manner or manner likely to cause death, injury, fire

or property damage.

E. No person shall discharge a consumer fireworks device

outside the following dates and hours:

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(1) June 1 thru July 8 from the hours of 9am until

10pm. Exception: discharge hours are extended to 11pm

on July 4

only.

(2) December 10 thru January 3 from the hours of 9am

until 10pm. Exception: discharge hours are extended to

12:30am on January 1.

F. It shall be unlawful to alter, remove, or discharge

components of a consumer fireworks device from its intended

method of discharging.

G. Sky lantern open flame devices are not permitted to be

released within the City limits, except if tethered by a retrievable

rope so long as the person discharging has control over the sky

lantern.

H. The City may, upon application in writing, grant a permit

for the display of display fireworks on public property by a City

agency, fair associations, amusement parks and other

organizations or groups of individuals approved by City

authorities when such display fireworks display will be handled

by a competent operator. No permit shall be granted hereunder

unless the operator or sponsoring organization has filed with the

City evidence of insurance in the following amounts:

(1) Personal Injury: $250,000 per person

(2) Property Damage: $250,000

(3) Total Exposure: $1,000,000

I. All applications shall be carefully scrutinized to assure that

no substance capable of being regulated, as defined by ICA

Chapter 101A.1 is permitted.

4. Violations. All violations of any provisions of this chapter are

hereby declared simple misdemeanors and/or municipal infractions.

Violations may be prosecuted as either a misdemeanor criminal offense

or a municipal infraction at the sole discretion of the Fire Chief or peace

officer. Fines shall be set by resolution of the City Council. Violations

of this chapter shall be reported to the State Fire Marshal.

5. Exceptions. This section does not prohibit the sale by a resident,

dealer, manufacturer or jobber of such fireworks as are not prohibited; or

the sale of any kind of fireworks if they are to be shipped out of state; or

the sale or use of blank cartridges for a show or theater, or for signal

purposes in athletic sports or by railroads or trucks for signal purposes,

or by a recognized military organization. This section does not apply to

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any substance or composition prepared and sold for medicinal or

fumigation purposes.

6. Separate Violation. It shall be deemed a separate violation with

respect to manner or method of discharge, restricting the placement in

motion of objects, missiles, or projectiles, for any person to willfully or

carelessly, throw, cast, hurl, bat, propel, discharge, or place in motion in

the direction of any person where risk of being hit exists, or of any

property, real or personal, where risk of damage exists.

(Section 41.12 – Ord. 695 – Aug. 19 Supp.)

41.13 DRUG PARAPHERNALIA.

1. As used in this section “drug paraphernalia” means all equipment,

products or materials of any kind used or attempted to be used in

combination with a controlled substance, except those items used in

combination with the lawful use of a controlled substance, to knowingly

or intentionally and primarily do any of the following:

A. Manufacture a controlled substance.

B. Inject, ingest, inhale or otherwise introduce into the human

body a controlled substance.

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

substance.

D. Enhance the effect of a controlled substance.

Drug paraphernalia does not include hypodermic needles or syringes if

manufactured, delivered, sold or possessed for a lawful purpose.

2. It is unlawful for any person to knowingly or intentionally

manufacture, deliver, sell or possess drug paraphernalia.

(Code of Iowa, Sec. 124.414)

41.14 SMOKING PROHIBITION.

1. Definitions. The following terms are defined for use in this

section:

A. “City facilities” means buildings owned or operated by the

City, including owned or operated outdoor areas of the lot or

parcel on which the building is situated.

B. “Smoking” means inhaling, exhaling, burning, or carrying

any lighted cigar, cigarette, pipe, weed, or plant in any manner or

in any form.

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2. Smoking Prohibition. Smoking is prohibited in the following

areas:

A. Pool and Ball Fields.

B. City Facilities.

C. Inside motor vehicles owned or operated by the City.

3. Exempt Areas. Notwithstanding any other provision of this

section to the contrary, City streets, easements, sidewalks and trails are

exempt from the provisions of this section.

4. Posting of Signs.

A. “No Smoking” signs or the international “No Smoking”

symbol (consisting of a pictorial representation of a burning

cigarette enclosed in a red circle with a red bar across it) shall be

clearly and conspicuously posted outside every City facility.

B. All ashtrays and other smoking paraphernalia shall be

removed from every area where smoking is prohibited under this

section.

5. Enforcement.

A. Any citizen who desires to register a complaint under this

section may initiate enforcement with the Police Chief.

B. Any person who violates the provisions of this section

shall be subject to a civil penalty in accordance with Section

142B.6 of the Code of Iowa.

C. The provisions of this section shall not be interpreted or

construed to permit smoking where it is otherwise restricted by

other applicable laws.

41.15 PSEUDOEPHEDRINE RESTRICTIONS. (Repealed by Ord. 610 – May

06 Supp.)

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         

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CHAPTER 42

PUBLIC AND PRIVATE PROPERTY

42.01 Trespassing 42.04 Unauthorized Entry

42.02 Criminal Mischief 42.05 Fraud

42.03 Defacing Proclamations or Notices 42.06 Theft

42.01 TRESPASSING. It is unlawful for a person to knowingly trespass

upon the property of another. As used in this section, the term “property”

includes any land, dwelling, building, conveyance, vehicle or other temporary

or permanent structure whether publicly or privately owned. The term

“trespass” means one or more of the following acts:

(Code of Iowa Sec. 716.7 and 716.8)

1. Entering Property Without Permission. Entering upon or in

property without the express permission of the owner, lessee, or person

in lawful possession with the intent to commit a public offense or to use,

remove therefrom, alter, damage, harass, or place thereon or therein

anything animate or inanimate.

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

2. Entering or Remaining on Property. Entering or remaining upon

or in property without justification after being notified or requested to

abstain from entering or to remove or vacate therefrom by the owner,

lessee, or person in lawful possession, or by any peace officer,

magistrate, or public employee whose duty it is to supervise the use or

maintenance of the property.

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

3. Interfering with Lawful Use of Property. Entering upon or in

property for the purpose or with the effect of unduly interfering with the

lawful use of the property by others.

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

4. Using Property Without Permission. Being upon or in property

and wrongfully using, removing therefrom, altering, damaging,

harassing, or placing thereon or therein anything animate or inanimate,

without the implied or actual permission of the owner, lessee, or person

in lawful possession.

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

None of the above shall be construed to prohibit entering upon the property of

another for the sole purpose of retrieving personal property which has

accidentally or inadvertently been thrown, fallen, strayed, or blown onto the

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property of another, provided that the person retrieving the property takes the

most direct and accessible route to and from the property to be retrieved, exits

the property as quickly as is possible, and does not unduly interfere with the

lawful use of the property.

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

42.02 CRIMINAL MISCHIEF. It is unlawful, for any person who has no

right to do so, to intentionally damage, deface, alter or destroy property.

(Code of Iowa, Sec. 716.1)

42.03 DEFACING PROCLAMATIONS OR NOTICES. It is unlawful for

a person intentionally to deface, obliterate, tear down, or destroy in whole or in

part, any transcript or extract from or of any law of the United States or the

State, or any proclamation, advertisement or notification, set up at any place

within the City by authority of the law or by order of any court, during the time

for which the same is to remain set up.

(Code of Iowa, Sec. 716.1)

42.04 UNAUTHORIZED ENTRY. No unauthorized person shall enter or

remain in or upon any public building, premises or grounds in violation of any

notice posted thereon or when said building, premises or grounds are closed and

not open to the public. When open to the public, a failure to pay any required

admission fee also constitutes an unauthorized entry.

42.05 FRAUD. It is unlawful for any person to commit a fraudulent practice

as defined in Section 714.8 of the Code of Iowa.

(Code of Iowa, Sec. 714.8)

42.06 THEFT. It is unlawful for any person to commit theft as defined in

Section 714.1 of the Code of Iowa.

(Code of Iowa, Sec. 714.1)

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CHAPTER 45

ALCOHOL CONSUMPTION AND INTOXICATION

45.01 Persons Under Legal Age 45.03 Open Containers in Motor Vehicles

45.02 Public Consumption or Intoxication

45.01 PERSONS UNDER LEGAL AGE. As used in this section, “legal

age” means twenty-one (21) years of age or more.

1. A person or persons under legal age shall not purchase or attempt

to purchase or individually or jointly have alcoholic liquor, wine or beer

in their possession or control; except in the case of liquor, wine or beer

given or dispensed to a person under legal age within a private home and

with the knowledge, presence and consent of the parent or guardian, for

beverage or medicinal purposes or as administered to the person by

either a physician or dentist for medicinal purposes and except to the

extent that a person under legal age may handle alcoholic beverages,

wine, and beer during the regular course of the person’s employment by

a liquor control licensee, or wine or beer permittee under State laws.

(Code of Iowa, Sec. 123.47[2])

2. A person under legal age shall not misrepresent the person’s age

for the purpose of purchasing or attempting to purchase any alcoholic

beverage, wine or beer from any licensee or permittee.

(Code of Iowa, Sec. 123.49[3])

45.02 PUBLIC CONSUMPTION OR INTOXICATION.

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

A. “Arrest” means the same as defined in Section 804.5 of the

Code of Iowa and includes taking into custody pursuant to

Section 232.19 of the Code of Iowa.

B. “Chemical test” means a test of a person’s blood, breath, or

urine to determine the percentage of alcohol present by a qualified

person using devices and methods approved by the Commissioner

of Public Safety.

C. “Peace Officer” means the same as defined in Section

801.4 of the Code of Iowa.

D. “School” means a public or private school or that portion

of a public or private school which provides teaching for any

grade from kindergarten through grade twelve.

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2. A person shall not use or consume alcoholic liquor, wine or beer

upon the public streets or highways. A person shall not use or consume

alcoholic liquor in any public place, except premises covered by a liquor

control license. A person shall not possess or consume alcoholic liquors,

wine or beer on public school property or while attending any public or

private school-related function. A person shall not be intoxicated or

simulate intoxication in a public place.

3. When a peace officer arrests a person on a charge of public

intoxication under this section, the peace officer shall inform the person

that the person may have a chemical test administered at the person’s

own expense. If a device approved by the Commissioner of Public

Safety for testing a sample of a person’s breath to determine the person’s

blood alcohol concentration is available, that is the only test that need be

offered the person arrested. In a prosecution for public intoxication,

evidence of the results of a chemical test performed under this subsection

is admissible upon proof of a proper foundation. The percentage of

alcohol present in a person’s blood, breath, or urine established by the

results of a chemical test performed within two hours after the person’s

arrest on a charge of public intoxication is presumed to be the percentage

of alcohol present at the time of arrest.

(Code of Iowa, Sec. 123.46)

45.03 OPEN CONTAINERS IN MOTOR VEHICLES. (See Section 62.07

of this Code of Ordinances.)

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CHAPTER 46

MINORS

46.01 Curfew 46.03 Contributing to Delinquency

46.02 Cigarettes and Tobacco

46.01 CURFEW. The purpose of this section is to regulate, by the

establishment of a curfew, the hours minors may be upon the streets, alleys or

other public places in the City.

1. Establishment. No person sixteen years of age or under shall be

or remain upon any of the alleys, streets or public places or be in places

of business and amusement in the City on nights of the week

commencing Sunday through Thursday between 11:00 p.m. and 5:00

a.m. following, or on Friday or Saturday nights of the week between

12:00 midnight and 5:00 a.m. following, unless such person is

accompanied by his or her parent, guardian or some other person having

the legal custody of such person, except in case of any person sixteen

years of age or under whose employment makes it necessary for such

person to be upon such streets, alleys or public places between the

aforesaid hours, and provided that this exception does not apply when

the person sixteen years of age or under is playing, loafing, idling or

unnecessarily loitering in or upon such streets, alleys or public places.

2. Parental Responsibility. No parent, guardian or other person

having the legal care and custody of any person sixteen years of age or

under shall willfully allow, suffer or permit such child, ward or other

person sixteen years of age or under, while in such legal care and

custody, to violate the provisions of this chapter.

3. Enforcement. Any peace officer of the City (while on duty) is

empowered to arrest any minor who violates any of the provisions of this

section, and such minor shall be returned to the custody of the parent,

guardian or other person charged with the care and custody of said

minor.

46.02 CIGARETTES AND TOBACCO. It is unlawful for any person

under eighteen (18) years of age to smoke, use, possess, purchase or attempt to

purchase any tobacco, tobacco products or cigarettes. Possession of cigarettes

or tobacco products by a person under eighteen years of age shall not constitute

a violation of this section if said person possesses the cigarettes or tobacco

products as part of the person’s employment and said person is employed by a

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CODE OF ORDINANCES, BLOOMFIELD, IOWA

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person who holds a valid permit under Chapter 453A of the Code of Iowa and

lawfully offers for sale or sells cigarettes or tobacco products.

(Code of Iowa, Sec. 453A.2)

46.03 CONTRIBUTING TO DELINQUENCY. It is unlawful for any per-

son to encourage any child under eighteen (18) years of age to commit any act

of delinquency.

(Code of Iowa, Sec. 709A.1)

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CHAPTER 47

PARK REGULATIONS

47.01 Purpose 47.04 Littering

47.02 Use of Drives Required 47.05 Parks Closed

47.03 Fires 47.06 Camping

47.07 City Lake and City Lake Park

47.01 PURPOSE. The purpose of this chapter is to facilitate the enjoyment

of park facilities by the general public by establishing rules and regulations

governing the use of park facilities.

(Code of Iowa, Sec. 364.12)

47.02 USE OF DRIVES REQUIRED. No person shall drive any car, cycle

or other vehicle, or ride or lead any horse, in any portion of a park except upon

the established drives or roadways therein or such other places as may be

officially designated by the City.

47.03 FIRES. No fires shall be built, except in a place provided therefor, and

such fire shall be extinguished before leaving the area unless it is to be

immediately used by some other party.

47.04 LITTERING. No person shall place, deposit, or throw any waste,

refuse, litter or foreign substance in any area or receptacle except those

provided for that purpose.

47.05 PARKS CLOSED. No person, except those camping in designated

areas, shall enter or remain within any park between the hours of 10:00 p.m.

and 5:00 a.m.

47.06 CAMPING. No person shall camp in any portion of a park except in

portions prescribed or designated by the Council, and the City may refuse

camping privileges or rescind any and all camping privileges for cause.

47.07 CITY LAKE AND CITY LAKE PARK.

1. Definitions. The following terms are defined for use in this

section:

A. “City Lake” means the water reservoir of the municipal

waterworks of the City, and the streams and/or sources from

which the water therein is taken for five miles above the point

from which it is taken.

CHAP

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B. “City Lake Park” means the lands occupied by the

Municipal Reservoir of the City, and all lands adjacent thereto,

the title of which is owned by the City, including those lands

presently under lease to the County Conservation Board of Davis

County, Iowa.

C. “Water” or “waters” refers to the private waters of the City

Waterworks Reservoir of the City, and the streams and/or sources

from which the water therein is taken. Such water or waters are

not public waters as defined in the statutes of Iowa.

2. Swimming and Boating Regulations Generally.

A. No person shall swim, dive, wade, float or bathe in the

City Lake.

B. No person shall skate or slide upon ice on the surface of

the City Lake within a distance of two hundred (200) feet of the

dam of said lake.

C. Designated. No person shall place or operate on the City

Lake any boat except rowboats, canoes propelled by hand or out

board motor, sailboats or boats propelled by oars, electric trolling

motors or outboard motor. All boats or crafts propelled in whole

or part by combustion engine or mechanical apparatus other than

a single electric trolling motor or an outboard motor are

prohibited access to the City Reservoir. No jet skis are allowed.

Lake Fisher will become a no wake lake allowing the use of

outboard motors. Those violating this provision will be fined

$250.00 for not following the no wake policy.

(Ord. 685 – Oct. 16 Supp.)

3. Damaging or Destroying Property and Polluting Water

Prohibited. It is unlawful for any one to damage, deface, destroy or

otherwise inure any property in the City Lake Park. It is unlawful for

any person to perform any act of omission or commission, the result of

which act would tend to pollute the waters of the City Lake.

4. Parking. No person shall park any vehicles within the City Lake

Park except in designated parkings areas.

5. Speed Restrictions. The maximum speed for all vehicles

traveling upon the surfaced roadways of the City Lake Park is twenty

(20) miles per hour.

6. Liability Provisions.

A. Any person exercising any right and/or privilege herein

conferred shall be held to consent and agree that the incorporated

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City, its officers, agents and/or employees shall not be liable for

any damage by reason of any accident to such person or to his or

her property occurring in connection with the exercise of such

right or privilege.

B. Any person, while upon the land or water of the City Lake

Park, will be held to covenant and agree to indemnify the

incorporated City, its officers, agents and/or employees, and to

hold them harmless from any and all claims for damages by

reason of any accident and/or injury to such person or to his or her

property, occurring while upon the land or water of the City Lake

Park.

CHAPTER 47

PARK REGULATIONS

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CHAPTER 50

NUISANCE ABATEMENT PROCEDURE

50.01 Definition of Nuisance 50.08 Request for Hearing

50.02 Nuisances Enumerated 50.09 Abatement in Emergency

50.03 Other Conditions 50.10 Abatement by City

50.04 Nuisances Prohibited 50.11 Collection of Costs

50.05 Nuisance Abatement 50.12 Installment Payment of Cost of Abatement

50.06 Notice to Abate: Contents 50.13 Failure to Abate

50.07 Method of Service 50.14 Failure to Maintain

50.01 DEFINITION OF NUISANCE. Whatever is injurious to health,

indecent, or unreasonably offensive to the senses, or an obstruction to the free

use of property so as essentially to interfere unreasonably with the comfortable

enjoyment of life or property is a nuisance.

(Code of Iowa, Sec. 657.1)

50.02 NUISANCES ENUMERATED. The following subsections include,

but do not limit, the conditions which are deemed to be nuisances in the City:

(Code of Iowa, Sec. 657.2)

1. Offensive Smells. Erecting, continuing or using any building or

other place for the exercise of any trade, employment or manufacture,

which, by occasioning noxious exhalations, unreasonably offensive

smells, or other annoyances, becomes injurious and dangerous to the

health, comfort or property of individuals or the public.

2. Filth or Noisome Substance. Causing or suffering any offal, filth,

excrement, or noisome substance to be collected or to remain in any

place to the prejudice of others, including kennels.

(Ord. 662 – Mar. 12 Supp.)

3. Impeding Passage of Navigable River. Obstructing or impeding

without legal authority the passage of any navigable river, harbor or

collection of water.

4. Water Pollution. Corrupting or rendering unwholesome or

impure the water of any river, stream or pond, or unlawfully diverting

the same from its natural course or state, to the injury or prejudice of

others.

5. Blocking Public and Private Ways. Obstructing or encumbering,

by fences, buildings or otherwise, the public roads, private ways, streets,

alleys, commons, landing places or burying grounds.

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6. Billboards. Billboards, signboards and advertising signs, whether

erected and constructed on public or private property, which so obstruct

and impair the view of any portion or part of a public street, avenue,

highway, boulevard or alley or of a railroad or street railway track as to

render dangerous the use thereof. (See also Section 62.08)

7. Storing of Flammable Junk. Depositing or storing of flammable

junk, such as old rags, rope, cordage, rubber, bones and paper, by dealers

in such articles within the fire limits of the City, unless in a building of

fireproof construction. (See also Chapter 51)

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

ash.

9. Weeds, Brush. Dense growth of all weeds, vines, brush or other

vegetation in the City so as to constitute a health, safety or fire hazard.

10. Dutch Elm Disease. Trees infected with Dutch Elm Disease.

(See also Chapter 151)

11. Airport Air Space. Any object or structure hereafter erected

within one thousand (1,000) feet of the limits of any municipal or

regularly established airport or landing place, which may endanger or

obstruct aerial navigation including take-off and landing, unless such

object or structure constitutes a proper use or enjoyment of the land on

which the same is located.

12. Houses of Ill Fame. Houses of ill fame, kept for the purpose of

prostitution and lewdness; gambling houses; places resorted to by

persons participating in criminal gang activity prohibited by Chapter

723A of the Code of Iowa or places resorted to by persons using

controlled substances, as defined in Section 124.101 of the Code of

Iowa, in violation of law, or houses where drunkenness, quarreling,

fighting or breaches of the peace are carried on or permitted to the

disturbance of others.

50.03 OTHER CONDITIONS. The following chapters of this Code of

Ordinances contain regulations prohibiting or restricting other conditions which

are deemed to be nuisances:

1. Junk and Junk Vehicles (See Chapter 51)

2. Dangerous Buildings (See Chapter 145)

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

4. Trees (See Chapter 151)

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50.04 NUISANCES PROHIBITED. The creation or maintenance of a

nuisance is prohibited, and a nuisance, public or private, may be abated in the

manner provided for in this chapter or State law.

(Code of Iowa, Sec. 657.3)

50.05 NUISANCE ABATEMENT. Whenever the Mayor or other

authorized municipal officer finds that a nuisance exists, such officer shall

cause to be served upon the property owner a written notice to abate the

nuisance within a reasonable time after notice.

†

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

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

contain:

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

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

nuisance.

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

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

to abate the nuisance.

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

the abatement.

5. Assessment of City Costs. A statement that if the nuisance or

condition is not abated as directed and no request for hearing is made

within the time prescribed, the City will abate it and assess the costs

against such person.

50.07 METHOD OF SERVICE. The notice may be in the form of an

ordinance or sent by certified mail to the property owner.

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

50.08 REQUEST FOR HEARING. Any person ordered to abate a nuisance

may have a hearing with the Council as to whether a nuisance exists. A request

for a hearing must be made in writing and delivered to the Clerk within the time

stated in the notice, or it will be conclusively presumed that a nuisance exists

†

EDITOR’S NOTE: A suggested form of notice for the abatement of nuisances is included in the

appendix of this Code of Ordinances. Caution is urged in the use of this administrative abatement

procedure, particularly where cost of abatement is more than minimal or where there is doubt as to

whether or not a nuisance does in fact exist. If compliance is not secured following notice and hearings,

we recommend you review the situation with your attorney before proceeding with abatement and

assessment of costs. Your attorney may recommend proceedings in court under Chapter 657 of the

Code of Iowa rather than this procedure.

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and it must be abated as ordered. The hearing will be before the Council at a

time and place fixed by the Council. The findings of the Council shall be

conclusive and, if a nuisance is found to exist, it shall be ordered abated within

a reasonable time under the circumstances.

50.09 ABATEMENT IN EMERGENCY. If it is determined that an

emergency exists by reason of the continuing maintenance of the nuisance or

condition, the City may perform any action which may be required under this

chapter without prior notice. The City shall assess the costs as provided in

Section 50.11 after notice to the property owner under the applicable provisions

of Sections 50.05, 50.06 and 50.07 and hearing as provided in Section 50.08.

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

50.10 ABATEMENT BY CITY. If the person notified to abate a nuisance

or condition neglects or fails to abate as directed, the City may perform the

required action to abate, keeping an accurate account of the expense incurred.

The itemized expense account shall be filed with the Clerk who shall pay such

expenses on behalf of the City.

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

50.11 COLLECTION OF COSTS. The Clerk shall send a statement of the

total expense incurred by certified mail to the property owner who has failed to

abide by the notice to abate, and if the amount shown by the statement has not

been paid within one month, the Clerk shall certify the costs to the County

Treasurer and such costs shall then be collected with, and in the same manner,

as general property taxes.

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

50.12 INSTALLMENT PAYMENT OF COST OF ABATEMENT. If the

amount expended to abate the nuisance or condition exceeds one hundred

dollars ($100.00), the City may permit the assessment to be paid in up to ten

(10) annual installments, to be paid in the same manner and with the same

interest rates provided for assessments against benefited property under State

law.

(Code of Iowa, Sec. 364.13)

50.13 FAILURE TO ABATE. Any person causing or maintaining a

nuisance who shall fail or refuse to abate or remove the same within the

reasonable time required and specified in the notice to abate is in violation of

this Code of Ordinances.

50.14 FAILURE TO MAINTAIN. Any property receiving multiple notices

in the same year will be fined $250.00 per notice beginning with the third

notice. This applies to any Abatement Notices for the following:

CHAPTER 50

NUISANCE ABATEMENT PROCEDURE

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1. Chapter 50 – Nuisance Abatement Procedures.

2. Chapter 51 – Junk and Junk Vehicles

3. Chapter 145 – Dangerous Buildings

4. Chapter 105 – Storage and Disposal of Solid Waste

5. Chapter 151 – Trees

(Ord. 632 – Dec. 07 Supp.)

CHAPTER 50

NUISANCE ABATEMENT P

ROCEDURE

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CHAPTER 51

JUNK AND JUNK VEHICLES

51.01 Definitions 51.04 Exceptions

51.02 Junk and Junk Vehicles Prohibited 51.05 Notice to Abate

51.03 Junk and Junk Vehicles a Nuisance

51.01 DEFINITIONS. For use in this chapter, the following terms are

defined:

1. “Junk” means all old or scrap copper, brass, lead, or any other

non-ferrous metal; old or discarded rope, rags, batteries, paper, trash,

rubber, debris, waste or used lumber, or salvaged wood; dismantled

vehicles, machinery and appliances or parts of such vehicles, machinery

or appliances; iron, steel or other old or scrap ferrous materials; old or

discarded glass, tinware, plastic or old or discarded household goods or

hardware. Neatly stacked firewood located on a side yard or a rear yard

is not considered junk.

2. “Junk vehicle” means any vehicle legally placed in storage with

the County Treasurer or unlicensed and which has any of the following

characteristics:

A. Broken Glass. Any vehicle with a broken or cracked

windshield, window, headlight or tail light, or any other cracked

or broken glass.

B. Broken, Loose or Missing Part. Any vehicle with a

broken, loose or missing fender, door, bumper, hood, steering

wheel or trunk lid.

C. Habitat for Nuisance Animals or Insects. Any vehicle

which has become the habitat for rats, mice, or snakes, or any

other vermin or insects.

D. Flammable Fuel. Any vehicle which contains gasoline or

any other flammable fuel.

E. Inoperable. Any motor vehicle which lacks an engine or

two or more wheels or other structural parts, rendering said motor

vehicle totally inoperable, or which cannot be moved under its

own power or has not been used as an operating vehicle for a

period of thirty (30) days or more.

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F. Defective or Obsolete Condition. Any other vehicle

which, because of its defective or obsolete condition, in any other

way constitutes a threat to the public health and safety.

Mere licensing of such vehicle shall not constitute a defense to the

finding that the vehicle is a junk vehicle.

3. “Vehicle” means every device in, upon, or by which a person or

property is or may be transported or drawn upon a highway or street,

excepting devices moved by human power or used exclusively upon

stationary rails or tracks, and includes without limitation a motor vehicle,

automobile, truck, motorcycle, tractor, buggy, wagon, farm machinery,

or any combination thereof.

51.02 JUNK AND JUNK VEHICLES PROHIBITED. It is unlawful for

any person to store, accumulate, or allow to remain on any private property

within the corporate limits of the City any junk or junk vehicle.

51.03 JUNK AND JUNK VEHICLES A NUISANCE. It is hereby declared

that any junk or junk vehicle located upon private property, unless excepted by

Section 51.04, constitutes a threat to the health and safety of the citizens and is

a nuisance within the meaning of Section 657.1 of the Code of Iowa. If any

junk or junk vehicle is kept upon private property in violation hereof, the owner

of or person occupying the property upon which it is located shall be prima

facie liable for said violation.

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

51.04 EXCEPTIONS. The provisions of this chapter do not apply to any

junk or a junk vehicle stored within:

1. Structure. A garage or other enclosed structure; or

2. Salvage Yard. An auto salvage yard or junk yard lawfully

operated within the City.

51.05 NOTICE TO ABATE. Upon discovery of any junk or junk vehicle

located upon private property in violation of Section 51.03, the City shall within

five (5) days initiate abatement procedures as outlined in Chapter 50 of this

Code of Ordinances.

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

[The next page is 285]

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CHAPTER 55

ANIMAL PROTECTION AND CONTROL

55.01 Definitions 55.12 Confinement

55.02 Animal Neglect 55.13 At Large: Impoundment

55.03 Livestock Neglect 55.14 Fines

55.04 Abandonment of Cats and Dogs 55.15 Disposition of Animals

55.05 Livestock 55.16 Pet Awards Prohibited

55.06 At Large Prohibited 55.17 License Required

55.07 Damage or Interference 55.18 Application

55.08 Annoyance or Disturbance 55.19 Evidence of Rabies Vaccination Required

55.09 Vicious Dogs 55.20 Exemptions

55.10 Rabies Vaccination 55.21 License Fee

55.11 Owner’s

Duty

55.22 Issuance

of Tags

55.01 DEFINITIONS. The following terms are defined for use in this chapter.

1. “Animal” means a nonhuman vertebrate.

(Code of Iowa, Sec. 717B.1)

2. “At large” means off the premises of the owner and not under the

control of a competent person, restrained within a motor vehicle, or

housed in a veterinary hospital or kennel.

3. “Livestock” means an animal belonging to the bovine, caprine,

equine, ovine or porcine species, ostriches, rheas and emus; farm deer as

defined in Section 170.1 of the Code of Iowa; or poultry.

(Code of Iowa, Sec. 717.1)

4. “Owner” means any person owning, keeping, sheltering or

harboring an animal.

55.02 ANIMAL NEGLECT. It is unlawful for a person who impounds or

confines, in any place, an animal, excluding livestock, to fail to supply the

animal during confinement with a sufficient quantity of food or water, or to fail

to provide a confined dog or cat with adequate shelter, or to torture, deprive of

necessary sustenance, mutilate, beat, or kill such animal by any means which

causes unjustified pain, distress or suffering.

(Code of Iowa, Sec. 717B.3)

55.03 LIVESTOCK NEGLECT. It is unlawful for a person who impounds

or confines livestock in any place to fail to provide the livestock with care

consistent with customary animal husbandry practices or to deprive the

livestock of necessary sustenance or to injure or destroy livestock by any means

which causes pain or suffering in a manner inconsistent with customary animal

husbandry practices.

(Code of Iowa, Sec. 717.2)

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55.04 ABANDONMENT OF CATS AND DOGS. A person who has

ownership or custody of a cat or dog shall not abandon the cat or dog, except

the person may deliver the cat or dog to another person who will accept

ownership and custody or the person may deliver the cat or dog to an animal

shelter or pound.

(Code of Iowa, Sec. 717B.8)

55.05 LIVESTOCK. It is unlawful for a person to keep livestock within the

City except by written consent of the Council or except in compliance with the

City’s zoning regulations.

55.06 AT LARGE PROHIBITED. It is unlawful for any owner to allow an

animal to run at large within the corporate limits of the City.

55.07 DAMAGE OR INTERFERENCE. It is unlawful for the owner of an

animal to allow or permit such animal to pass upon the premises of another

thereby causing damage to, or interference with, the premises.

55.08 ANNOYANCE OR DISTURBANCE. It is unlawful for the owner of

a dog to allow or permit such dog to cause serious annoyance or disturbance to

any person or persons by frequent and habitual howling, yelping, barking, by

running after or chasing persons, bicycles, automobiles or other vehicles, or the

unkept area of an animal, including kennels. (Ord. 663 – Mar. 12 Supp.)

55.09 VICIOUS DOGS. It is unlawful for any person to harbor or keep a

vicious dog within the City. A dog is deemed to be vicious when it has

attacked or bitten any person without provocation, or when propensity to attack

or bite persons exists and is known or ought reasonably to be known to the

owner.

55.10 RABIES VACCINATION. Every owner of a dog shall obtain a

rabies vaccination for such animal. It is unlawful for any person to own or have

a dog in said person’s possession, six months of age or over, which has not

been vaccinated against rabies. Dogs kept in kennels and not allowed to run at

large are not subject to these vaccination requirements.

(Code of Iowa, Sec. 351.33)

55.11 OWNER’S DUTY. It is the duty of the owner of any dog, cat or other

animal which has bitten or attacked a person or any person having knowledge

of such bite or attack to report this act to a local health or law enforcement

official. It is the duty of physicians and veterinarians to report to the local

board of health the existence of any animal known or suspected to be suffering

from rabies.

(Code of Iowa, Sec. 351.38)

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55.12 CONFINEMENT. If a local board of health receives information that

an animal has bitten a person or that a dog or animal is suspected of having

rabies, the board shall order the owner to confine such animal in the manner it

directs. If the owner fails to confine such animal in the manner directed, the

animal shall be apprehended and impounded by such board, and after ten (10)

days the board may humanely destroy the animal. If such animal is returned to

its owner, the owner shall pay the cost of impoundment. This section does not

apply if a police service dog or a horse used by a law enforcement agency and

acting in the performance of its duties has bitten a person.

(Code of Iowa, Sec. 351.39)

55.13 AT LARGE: IMPOUNDMENT. Animals found at large in violation

of this chapter shall be seized and impounded at the impoundment facilities

utilized by the City, or at the discretion of the peace officer, the owner may be

served a summons to appear before a proper court to answer charges made

thereunder.

55.14 FINES. The first violation of Section 55.06 and 55.08 will be a

warning. The second offense will be a citation for $100.00. The third offense

will be a citation for $250.00 and the animal will be impounded. If the animal

is not claimed and all fines paid within seven days of impoundment for a third

offense violation, the animal will be euthanized and all costs added to the

owner’s taxes.

(Ord. 654 – Mar. 12 Supp.)

55.15 DISPOSITION OF ANIMALS. When an animal has been

apprehended and impounded, written notice shall be provided to the owner

within two (2) days after impoundment, if the owner’s name and current

address can reasonably be determined by accessing a tag or other device that is

on or part of the animal. Impounded animals may be recovered by the owner

upon payment of impounding costs, and if an unvaccinated dog, by having it

immediately vaccinated. If the owner fails to redeem the animal within seven

(7) days from the date that the notice is mailed, or if the owner cannot be

located within seven days, the animal shall be disposed of in accordance with

law or destroyed by euthanasia.

(Code of Iowa, Sec. 351.37, 351.41)

55.16 PET AWARDS PROHIBITED.

(Code of Iowa, Ch. 717.E)

1. Definitions. As used in this section, the following terms are

defined:

CHAPTER 55

ANIMAL PROTECTION AND CONTROL

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A. “Advertise” means to present a commercial message in any

medium including but not limited to print, radio, television, sign,

display, label, tag or articulation.

B. “Business” means any enterprise relating to any of the

following:

(1) The sale or offer for sale of goods or services.

(2) A recruitment for employment or membership in an

organization.

(3) A solicitation to make an investment.

(4) An amusement or entertainment activity.

C. “Fair” means any of the following:

(1) The annual fair and exposition held by the Iowa

State Fair Board pursuant to Chapter 173 of the Code of

Iowa or any fair event conducted by a fair under the

provisions of Chapter 174 of the Code of Iowa.

(2) An exhibition of agricultural or manufactured

products.

(3) An event for operation of amusement rides or

devices or concession booths.

D. “Game” means a “game of chance” or “game of skill” as

defined in Section 99B.1 of the Code of Iowa.

E. “Pet” means a living animal which is limited to a dog, cat

or an animal normally maintained in a small tank or cage in or

near a residence including but not limited to a rabbit, gerbil,

hamster, mouse, parrot, canary, mynah, finch, tropical fish,

goldfish, snake, turtle, gecko or iguana.

2. Prohibition. It is unlawful for any person to award a pet or

advertise that a pet may be awarded as any of the following:

A. A prize for participating in a game.

B. A prize for participating in a fair event.

C. An inducement or condition for visiting a place of business

or attending an event sponsored by a business.

D. An inducement or condition for executing a contract which

includes provisions unrelated to the ownership, care or disposition

of the pet.

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ANIMAL PROTECTION AND CONTROL

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3. Exceptions. This section does not apply to any of the following:

A. A pet shop licensed pursuant to Section 162.5 of the Code

of Iowa if the award of a pet is provided in connection with the

sale of a pet on the premises of the pet shop.

B. Youth programs associated with 4-H Clubs; Future

Farmers of America; the Izaak Walton League of America; or

organizations associated with outdoor recreation, hunting or

fishing including but not limited to the Iowa Sportsmen’s

Federation.

55.17 LICENSE REQUIRED. The owner of any dog six months old or

older, except dogs kept in kennels for the purpose of breeding and sale or in

shelter care facilities licensed by the State of Iowa, shall be responsible for

applying for and acquiring a license for such dog as of May 1 of each year.

(Ord. 688 – Dec. 17 Supp.)

55.18 APPLICATION. The owner of any dog for which a license is

required shall, on or before May 1 of each year, apply in writing on forms

provided by the City Clerk for a license for each dog owned by the applicant,

which application form shall be signed by the owner. The application shall

show the breed, sex, age, color, approximate weight, markings, whether the dog

is spayed or neutered, and name of the dog and the address and telephone

number of the owner. Applications for a license for dogs over which ownership

is acquired after May 1 or which dog has reached the age of six months shall be

made within one month from the date of acquisition, or within one month after

the dog reaches the age of six months. Applications should be submitted to the

Bloomfield Police Department at the Davis County Law Center, 102 Anderson

Street, Bloomfield, Iowa, 52537. (Ord. 688 – Dec. 17 Supp.)

55.19 EVIDENCE OF RABIES VACCINATION REQUIRED. No dog

shall be licensed hereunder unless the owner submits evidence that the dog has

a current rabies vaccination certificate and the certificate of vaccination has

been signed by a licensed veterinarian. (Ord. 688 – Dec. 17 Supp.)

55.20 EXEMPTIONS.

1. The license fees hereinafter provided shall not apply to dogs

owned by nonresidents temporarily within the City for a period of not

more than 30 days, but shall apply to the dogs of any owner becoming a

resident of the City within 30 days after establishing such residence.

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ANIMAL PROTECTION AND CONTROL

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2. A license shall not be required of kennel dogs, seeing eye dogs,

hearing ear dogs and dogs specifically registered and certified as service

dogs.

(Ord. 688 – Dec. 17 Supp.)

55.21 LICENSE FEE. The fee for the license described in Section 55.17 is

$5.00 per dog if the application described in Section 55.18 is properly

submitted and received by the Bloomfield Police Department between January

1 and May 1 of the calendar year. The license fee shall be $10.00 if the

application is submitted and received by the Bloomfield Police Department

between May 2 and December 31 of the calendar year, unless the application is

submitted within one month of the date the owner acquires ownership of the

dog or within one month of the dog reaching the age of six months, in which

case the fee shall be $5.00. (Ord. 688 – Dec. 17 Supp.)

55.22 ISSUANCE OF TAGS.

1. When a dog is registered for licensing, a record of the breed,

color, name of dog and name of the owner, together with the number of

the license issued, shall be made of record in the City Clerk’s office.

2. The City shall issue a license tag for each dog licensed, and such

license tag shall be securely fixed to a suitable collar or harness on each

dog licensed and worn by such dog at all times.

3. The dog tags required by this article shall not be transferable from

one dog to another, and no refund shall be made on any dog license fee

because of the death of the dog or by reason of the owner leaving the

City before the expiration of the license period. Upon the filing of an

affidavit that the license tag has been lost or destroyed, the owner may

obtain another tag on the payment of $1.00. The City Clerk shall keep a

proper record of the issuance of duplicate tags.

(Ord. 688 – Dec. 17 Supp.)

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CODE OF ORDINANCES, BLOOMFIELD, IOWA

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CHAPTER 60

ADMINISTRATION OF TRAFFIC CODE

60.01 Title 60.05 Traffic Accidents: Reports

60.02 Definitions 60.06 Peace Officer’s Authority

60.03 Administration and Enforcement 60.07 Obedience to Peace Officers

60.04 Power to Direct Traffic 60.08 Parades Regulated

60.01 TITLE. Chapters 60 through 70 of this Code of Ordinances may be

known and cited as the “Bloomfield Traffic Code.”

60.02 DEFINITIONS. Where words and phrases used in the Traffic Code

are defined by State law, such definitions apply to their use in said Traffic Code

and are adopted by reference. Those definitions so adopted that need further

definition or are reiterated, and other words and phrases used herein, have the

following meanings:

(Code of Iowa, Sec. 321.1)

1. “Business District” means the territory contiguous to and

including a highway when fifty percent (50%) or more of the frontage

thereon for a distance of three hundred (300) feet or more is occupied by

buildings in use for business.

2. “Park” or “parking” means the standing of a vehicle, whether

occupied or not, otherwise than temporarily for the purpose of and while

actually engaged in loading or unloading merchandise or passengers.

3. “Peace officer” means every officer authorized to direct or

regulate traffic or to make arrests for violations of traffic regulations.

4. “Residence district” means the territory contiguous to and

including a highway not comprising a business, suburban or school

district, where forty percent (40%) or more of the frontage on such a

highway for a distance of three hundred (300) feet or more is occupied

by dwellings or by dwellings and buildings in use for business.

5. “School district” means the territory contiguous to and including a

highway for a distance of two hundred (200) feet in either direction from

a school house.

6. “Stand” or “standing” means the halting of a vehicle, whether

occupied or not, otherwise than for the purpose of and while actually

engaged in receiving or discharging passengers.

7. “Stop” means when required, the complete cessation of

movement.

CHAPTER 60

ADMINISTRAT

ION OF TRAFFIC CODE

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8. “Stop” or “stopping” means when prohibited, any halting of a

vehicle, even momentarily, whether occupied or not, except when

necessary to avoid conflict with other traffic or in compliance with the

directions of a peace officer or traffic control sign or signal.

9. “Suburban district” means all other parts of the City not included

in the business, school or residence districts.

10. “Traffic control device” means all signs, signals, markings, and

devices not inconsistent with this chapter, lawfully placed or erected for

the purpose of regulating, warning, or guiding traffic.

11. “Vehicle” means every device in, upon or by which any person or

property is or may be transported or drawn upon a public highway,

street, or alley.

60.03 ADMINISTRATION AND ENFORCEMENT. Provisions of this

Traffic Code and State law relating to motor vehicles and law of the road are

enforced by the Police Department.

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

60.04 POWER TO DIRECT TRAFFIC. A peace officer, and, in the

absence of a peace officer, any officer of the fire department when at the scene

of a fire, is authorized to direct all traffic by voice, hand or signal in

conformance with traffic laws. In the event of an emergency, traffic may be

directed as conditions require, notwithstanding the provisions of the traffic

laws.

(Code of Iowa, Sec. 102.4 & 321.236[2])

60.05 TRAFFIC ACCIDENTS: REPORTS. The driver of a vehicle

involved in an accident within the limits of the City shall file a report as and

when required by the Iowa Department of Transportation. A copy of this report

shall be filed with the City for the confidential use of peace officers and shall be

subject to the provisions of Section 321.271 of the Code of Iowa.

(Code of Iowa, Sec. 321.273)

60.06 PEACE OFFICER’S AUTHORITY. A peace officer is authorized to

stop a vehicle to require exhibition of the driver’s license of the driver, to serve

a summons or memorandum of traffic violation, to inspect the condition of the

vehicle, to inspect the vehicle with reference to size, weight, cargo, log book,

bills of lading or other manifest of employment, tires and safety equipment, or

to inspect the registration certificate, the compensation certificate, travel order,

or permit of such vehicle. A peace officer having probable cause to stop a

vehicle may require exhibition of the proof of financial liability coverage card

issued for the vehicle.

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ADMINISTRATION OF TRAFFIC CODE

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(Code of Iowa, Sec. 321.492)

60.07 OBEDIENCE TO PEACE OFFICERS. No person shall willfully

fail or refuse to comply with any lawful order or direction of any peace officer

invested by law with authority to direct, control, or regulate traffic.

(Code of Iowa, Sec. 321.229)

60.08 PARADES REGULATED. No person shall conduct or cause any

parade on any street except as provided herein:

1. “Parade” Defined. “Parade” means any march or procession of

persons or vehicles organized for marching or moving on the streets in

an organized fashion or manner or any march or procession of persons or

vehicles represented or advertised to the public as a parade.

2. Permit Required. No parade shall be conducted without first

obtaining a written permit from the City Clerk. Such permit shall state

the time and date for the parade to be held and the streets or general

route therefor. Such written permit granted to the person organizing or

sponsoring the parade shall be permission for all participants therein to

parade when such participants have been invited by the permittee to

participate therein. No fee shall be required for such permit.

3. Parade Not A Street Obstruction. Any parade for which a permit

has been issued as herein required, and the persons lawfully participating

therein, shall not be deemed an obstruction of the streets notwithstanding

the provisions of any other ordinance to the contrary.

4. Control By Police and Fire Fighters. Persons participating in any

parade shall at all times be subject to the lawful orders and directions in

the performance of their duties of law enforcement personnel and

members of the fire department.

CHAPTER 60

ADMINISTRATION OF TRAFFIC CODE

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         

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CHAPTER 61

TRAFFIC CONTROL DEVICES

61.01 Installation 61.04 Standards

61.02 Crosswalks 61.05 Compliance

61.03 Traffic Lanes

61.01 INSTALLATION. The Police Department shall cause to be placed

and maintained traffic control devices when and as required under this Traffic

Code or under State law or emergency or temporary traffic control devices for

the duration of an emergency or temporary condition as traffic conditions may

require to regulate, guide or warn traffic. The Police Department shall keep a

record of all such traffic control devices.

(Code of Iowa, Sec. 321.255)

61.02 CROSSWALKS. The Police Department is hereby authorized, subject

to approval of the Council by resolution, to designate and maintain crosswalks

by appropriate traffic control devices at intersections where, due to traffic

conditions, there is particular danger to pedestrians crossing the street or

roadway, and at such other places as traffic conditions require.

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

61.03 TRAFFIC LANES. The Police Department is hereby authorized to

mark lanes for traffic on street pavements at such places as traffic conditions

require, consistent with the traffic code of the City. Where such traffic lanes

have been marked, it shall be unlawful for the operator of any vehicle to fail or

refuse to keep such vehicle within the boundaries of any such lane except when

lawfully passing another vehicle or preparatory to making a lawful turning

movement.

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

61.04 STANDARDS. Traffic control devices shall comply with standards

established by The Manual of Uniform Traffic Control Devices for Streets and

Highways.

(Code of Iowa, Sec. 321.255)

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61.05 COMPLIANCE. No driver of a vehicle shall disobey the instructions

of any official traffic control device placed in accordance with the provisions of

this chapter, unless at the time otherwise directed by a peace officer, subject to

the exceptions granted the driver of an authorized emergency vehicle under

Section 321.231 of the Code of Iowa.

(Code of Iowa, Sec. 321.256)

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CHAPTER 62

GENERAL TRAFFIC REGULATIONS

62.01 Violation of Regulations 62.07 Open Containers in Motor Vehicles

62.02 Play Streets Designated 62.08 Obstructing View at Intersections

62.03 Vehicles on

Sidewalks

62.09 Reckless Dri

ving

62.04 Clinging

to Vehicle

62.10 Careless Driving

62.05 Quiet Zones

62.11

Engine/Compression Brakes Prohibited

62.06 Tam

pering with Vehicle

62.01 VIOLATION OF REGULATIONS. Any person who willfully fails

or refuses to comply with any lawful order of a peace officer or direction of a

fire department officer during a fire, or who fails to abide by the applicable

provisions of the following Iowa statutory laws relating to motor vehicles and

the statutory law of the road is in violation of this section. These sections of the

Code of Iowa are adopted by reference and are as follows:

1. Section 321.17 – Misdemeanor to violate registration provisions.

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

3. Section 321.37 – Display of plates.

4. Section 321.38 – Plates, method of attaching, imitations

prohibited.

5. Section 321.79 – Intent to injure.

6. Section 321.91 – Penalty for abandonment.

7. Section 321.98 – Operation without registration.

8. Section 321.99 – Fraudulent use of registration.

9. Section 321.174 – Operators licensed.

10. Section 321.174A – Operation of motor vehicles with expired

license.

11. Section 321.180 – Instruction permits.

12. Section 321.180B – Graduated driver’s licenses for persons aged

fourteen through seventeen.

13. Section 321.193 – Restricted licenses.

14. Section 321.194 – Special minor’s licenses.

15. Section 321.216 – Unlawful use of license and nonoperator’s

identification card.

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16. Section 321.216B – Use of driver’s license or nonoperator’s

identification card by underage person to obtain alcohol.

17. Section 321.216C – Use of driver’s license or nonoperator’s

identification card by underage person to obtain cigarettes or tobacco

products.

18. Section 321.219 – Permitting unauthorized minor to drive.

19. Section 321.220 – Permitting unauthorized person to drive.

20. Section 321.221 – Employing unlicensed chauffeur.

21. Section 321.222 – Renting motor vehicle to another.

22. Section 321.223 – License inspected.

23. Section 321.224 – Record kept.

24. Section 321.232 – Radar jamming devices; penalty.

25. Section 321.234A – All-terrain vehicles.

26. Section 321.235A – Electric personal assistive mobility devices.

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

28. Section 321.257 – Official traffic control signal.

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

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

unlawful possession.

31. Section 321.262 – Damage to vehicle.

32. Section 321.263 – Information and aid.

33. Section 321.264 – Striking unattended vehicle.

34. Section 321.265 – Striking fixtures upon a highway.

35. Section 321.275 – Operation of motorcycles and motorized

bicycles.

36. Section 321.278 – Drag racing prohibited.

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

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

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

exceptions.

40. Section 321.298 – Meeting and turning to right.

41. Section 321.299 – Overtaking a vehicle.

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42. Section 321.302 – Overtaking and otherwise.

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

44. Section 321.304 – Prohibited passing.

45. Section 321.306 – Roadways laned for traffic.

46. Section 321.307 – Following too closely.

47. Section 321.308 – Motor trucks and towed vehicles; distance

requirements.

48. Section 321.309 – Towing; convoys; drawbars.

49. Section 321.310 – Towing four-wheel trailers.

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

51. Section 321.313 – Starting parked vehicle.

52. Section 321.314 – When signal required.

53. Section 321.315 – Signal continuous.

54. Section 321.316 – Stopping.

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

56. Section 321.319 – Entering intersections from different highways.

57. Section 321.320 – Left turns; yielding.

58. Section 321.321 – Entering through highways.

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

60. Section 321.323 – Moving vehicle backward on highway.

61. Section 321.323A – Approaching certain stationary vehicles.

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

63. Section 321.324A – Funeral processions.

64. Section 321.329 – Duty of driver – pedestrians crossing or

working on highways.

65. Section 321.330 – Use of crosswalks.

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

67. Section 321.333 – Duty of drivers.

68. Section 321.340 – Driving through safety zone.

69. Section 321.341 – Obedience to signal of train.

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GENERAL TRAFFIC REGULATIONS

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70. Section 321.342 – Stop at certain railroad crossings; posting

warning.

71. Section 321.343 – Certain vehicles must stop.

72. Section 321.344 – Heavy equipment at crossing.

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

74. Section 321.354 – Stopping on traveled way.

75. Section 321.359 – Moving other vehicle.

76. Section 321.362 – Unattended motor vehicle.

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

78. Section 321.364 – Preventing contamination of food by hazardous

material.

79. Section 321.365 – Coasting prohibited.

80. Section 321.367 – Following fire apparatus.

81. Section 321.368 – Crossing fire hose.

82. Section 321.369 – Putting debris on highway.

83. Section 321.370 – Removing injurious material.

84. Section 321.371 – Clearing up wrecks.

85. Section 321.372 – School buses.

86. Section 321.381 – Movement of unsafe or improperly equipped

vehicles.

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

88. Section 321.382 – Upgrade pulls; minimum speed.

89. Section 321.383 – Exceptions; slow vehicles identified.

90. Section 321.384 – When lighted lamps required.

91. Section 321.385 – Head lamps on motor vehicles.

92. Section 321.386 – Head lamps on motorcycles and motorized

bicycles.

93. Section 321.387 – Rear lamps.

94. Section 321.388 – Illuminating plates.

95. Section 321.389 – Reflector requirement.

96. Section 321.390 – Reflector requirements.

97. Section 321.392 – Clearance and identification lights.

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GEN

ERAL TRAFFIC REGULATIONS

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98. Section 321.393 – Color and mounting.

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

100. Section 321.395 – Lamps on parked vehicles.

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

102. Section 321.402 – Spot lamps.

103. Section 321.403 – Auxiliary driving lamps.

104. Section 321.404 – Signal lamps and signal devices.

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

106. Section 321.405 – Self-illumination.

107. Section 321.406 – Cowl lamps.

108. Section 321.408 – Back-up lamps.

109. Section 321.409 – Mandatory lighting equipment.

110. Section 321.415 – Required usage of lighting devices.

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

112. Section 321.418 – Alternate road-lighting equipment.

113. Section 321.419 – Number of driving lamps required or

permitted.

114. Section 321.420 – Number of lamps lighted.

115. Section 321.421 – Special restrictions on lamps.

116. Section 321.422 – Red light in front.

117. Section 321.423 – Flashing lights.

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

119. Section 321.431 – Performance ability.

120. Section 321.432 – Horns and warning devices.

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

122. Section 321.434 – Bicycle sirens or whistles.

123. Section 321.436 – Mufflers, prevention of noise.

124. Section 321.437 – Mirrors.

125. Section 321.438 – Windshields and windows.

126. Section 321.439 – Windshield wipers.

127. Section 321.440 – Restrictions as to tire equipment.

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128. Section 321.441 – Metal tires prohibited.

129. Section 321.442 – Projections on wheels.

130. Section 321.444 – Safety glass.

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

132. Section 321.446 – Child restraint devices.

133. Section 321.449 – Motor carrier safety regulations.

134. Section 321.450 – Hazardous materials transportation.

135. Section 321.454 – Width of vehicles.

136. Section 321.455 – Projecting loads on passenger vehicles.

137. Section 321.456 – Height of vehicles; permits.

138. Section 321.457 – Maximum length.

139. Section 321.458 – Loading beyond front.

140. Section 321.460 – Spilling loads on highways.

141. Section 321.461 – Trailers and towed vehicles.

142. Section 321.462 – Drawbars and safety chains.

143. Section 321.463 – Maximum gross weight.

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

145. Section 321.466 – Increased loading capacity; reregistration.

62.02 PLAY STREETS DESIGNATED. The Council shall have authority

to declare any street or part thereof a play street and cause to be placed

appropriate signs or devices in the roadway indicating and helping to protect the

same. Whenever authorized signs are erected indicating any street or part

thereof as a play street, no person shall drive a vehicle upon any such street or

portion thereof except drivers of vehicles having business or whose residences

are within such closed area, and then any said driver shall exercise the greatest

care in driving upon any such street or portion thereof.

(Code of Iowa, Sec. 321.255)

62.03 VEHICLES ON SIDEWALKS. The driver of a vehicle shall not

drive upon or within any sidewalk area except at a driveway.

62.04 CLINGING TO VEHICLE. No person shall drive a motor vehicle on

the streets of the City unless all passengers of said vehicle are inside the vehicle

in the place intended for their accommodation. No person riding upon any

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bicycle, coaster, roller skates, in-line skates, sled or toy vehicle shall attach the

same or himself or herself to any vehicle upon a roadway.

62.05 QUIET ZONES. Whenever authorized signs are erected indicating a

quiet zone, no person operating a motor vehicle within any such zone shall

sound the horn or other warning device of such vehicle except in an emergency.

62.06 TAMPERING WITH VEHICLE. It is unlawful for any person,

either individually or in association with one or more other persons, to willfully

injure or tamper with any vehicle or break or remove any part or parts of or

from a vehicle without the consent of the owner.

62.07 OPEN CONTAINERS IN MOTOR VEHICLES.

1. Drivers. A driver of a motor vehicle upon a public street or

highway shall not possess in the passenger area of the motor vehicle an

open or unsealed bottle, can, jar, or other receptacle containing an

alcoholic beverage.

(Code of Iowa, Sec. 321.284)

2. Passengers. A passenger in a motor vehicle upon a public street

or highway shall not possess in the passenger area of the motor vehicle

an open or unsealed bottle, can, jar or other receptacle containing an

alcoholic beverage.

(Code of Iowa, Sec. 321.284A)

As used in this section “passenger area” means the area of a motor vehicle

designed to seat the driver and passengers while the motor vehicle is in

operation and any area that is readily accessible to the driver or a passenger

while in their seating positions, including the glove compartment. An open or

unsealed receptacle containing an alcoholic beverage may be transported in the

trunk of the motor vehicle. An unsealed receptacle containing an alcoholic

beverage may be transported behind the last upright seat of the motor vehicle if

the motor vehicle does not have a trunk.

62.08 OBSTRUCTING VIEW AT INTERSECTIONS. It is unlawful to

allow any tree, hedge, billboard or other object to obstruct the view of an

intersection by preventing persons from having a clear view of traffic

approaching the intersection from cross streets. Any such obstruction is

deemed a nuisance and in addition to the standard penalty may be abated in the

manner provided by Chapter 50 of this Code of Ordinances.

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62.09 RECKLESS DRIVING. No person shall drive any vehicle in such

manner as to indicate a willful or a wanton disregard for the safety of persons or

property.

(Code of Iowa, Sec. 321.277)

62.10 CARELESS DRIVING. No person shall intentionally operate a motor

vehicle on a street or highway in any one of the following ways:

(Code of Iowa, Sec. 321.277A)

1. Creating or causing unnecessary tire squealing, skidding or

sliding upon acceleration or stopping.

2. Simulating a temporary race.

3. Causing any wheel or wheels to unnecessarily lose contact with

the ground.

4. Causing the vehicle to unnecessarily turn abruptly or sway.

62.11 ENGINE/COMPRESSION BRAKES PROHIBITED.

1. All drivers operating trucks within the City shall not use the

engine back-pressure braking/compression braking system, commonly

known as “jake brakes”, and any such use shall be deemed a violation of

this section and a simple misdemeanor with a scheduled fine as set out in

subsection 3.

2. This section is in the interest of protecting citizens from

unnecessary noise pollution within the City limits.

3. Penalty for the first violation of this section shall be set at

$250.00. The penalty for a second or subsequent violations of this

section within a twelve-month period of the first violation shall be

$500.00 and/or imprisonment up to 30 days in jail.

4. Posting of Signs. New signs will be posted noting the use of

engine/compression brakes is prohibited, noting the penalty and

referencing the City Code section at the following locations:

A. At the north entrance to the City of Bloomfield on

Highway 63.

B. At the east and west entrances to the City of Bloomfield on

Highway 2.

C. At the east entrance to the City of Bloomfield on J40.

(Section 62.11 – Ord. 642 – Oct. 09 Supp.)

(Subsections 3 and 4 – Ord. 705 – Dec. 20 Supp.)

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CHAPTER 63

SPEED REGULATIONS

63.01 General 63.04 Special Speed Restrictions

63.02 State Code Speed Limits 63.05 Minimum Speed

63.03 Cemeteries and Parking Lots

63.01 GENERAL. Every driver of a motor vehicle on a street shall drive the

same at a careful and prudent speed not greater than nor less than is reasonable

and proper, having due regard to the traffic, surface and width of the street and

of any other conditions then existing, and no person shall drive a vehicle on any

street at a speed greater than will permit said driver to bring it to a stop within

the assured clear distance ahead, such driver having the right to assume,

however, that all persons using said street will observe the law.

(Code of Iowa, Sec. 321.285)

63.02 STATE CODE SPEED LIMITS. The following speed limits are

established in Section 321.285 of the Code of Iowa and any speed in excess

thereof is unlawful unless specifically designated otherwise in this chapter as a

special speed zone.

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

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

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

63.03 CEMETERIES AND PARKING LOTS. A speed in excess of fifteen

(15) miles per hour in any cemetery or parking lot, unless specifically

designated otherwise in this chapter, is unlawful.

(Code of Iowa, Sec. 321.236[5])

63.04 SPECIAL SPEED RESTRICTIONS. In accordance with

requirements of the Iowa State Department of Transportation, or whenever the

Council shall determine upon the basis of an engineering and traffic

investigation that any speed limit listed in Section 63.02 is greater or less than

is reasonable or safe under the conditions found to exist at any intersection or

other place or upon any part of the City street system, the Council shall

determine and adopt by ordinance such higher or lower speed limit as it deems

reasonable and safe at such location. The following special speed zones have

been established:

(Code of Iowa, Sec. 321.290)

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SPEED REGULATIONS

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1. Special 5 MPH Speed Zones. A speed in excess of five (5) miles

per hour is unlawful on any of the following designated streets or parts

thereof.

A. On Brown Street from Franklin Street to Locust Street.

2. Special 25 MPH Speed Zones. A speed in excess of twenty-five

miles per hour is unlawful on any of the following designated streets or

parts thereof.

A. On Washington Street from Locust Street to Chestnut

Street.

B. On Jefferson Street from Columbia Street to Railroad

Street.

3. Special 50 MPH Speed Zones. A speed in excess of fifty (50)

miles per hour is unlawful on any of the following designated streets or

parts thereof.

A. On Iowa Highway No. 2 from the east corporate limits to

West Street;

B. On U.S. Highway No. 63 from the north corporate limits to

the south corporate limits.

63.05 MINIMUM SPEED. A person shall not drive a motor vehicle at such

a slow speed as to impede or block the normal and reasonable movement of

traffic, except when reduced speed is necessary for safe operation, or in

compliance with law.

(Code of Iowa, Sec. 321.294)

CODE OF ORDINANCES, BLOOMFIELD, IOWA

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CHAPTER 64

TURNING REGULATIONS

64.01 Turning at Intersections 64.03 Left Turn for Parking

64.02 U-turns

64.01 TURNING AT INTERSECTIONS. The driver of a vehicle intending

to turn at an intersection shall do so as follows:

(Code of Iowa, Sec. 321.311)

1. Both the approach for a right turn and a right turn shall be made

as close as practical to the right-hand curb or edge of the roadway.

2. Approach for a left turn shall be made in that portion of the right

half of the roadway nearest the centerline thereof and after entering the

intersection the left turn shall be made so as to depart from the

intersection to the right of the centerline of the roadway being entered.

3. Approach for a left turn from a two-way street into a one-way

street shall be made in that portion of the right half of the roadway

nearest the centerline thereof and by passing to the right of such

centerline where it enters the intersection. A left turn from a one-way

street into a two-way street shall be made by passing to the right of the

centerline of the street being entered upon leaving the intersection.

The Council may cause markers, buttons or signs to be placed within or

adjacent to intersections and thereby require and direct, as traffic conditions

require, that a different course from that specified above be traveled by vehicles

turning at intersections, and when markers, buttons or signs are so placed, no

driver of a vehicle shall turn a vehicle at an intersection other than as directed

and required by such markers, buttons or signs.

64.02 U-TURNS. It is unlawful for a driver to make a U-turn except at an

intersection. U-turns are prohibited within the business district, at intersections

where there are automatic traffic signals and at the following designated

intersections.

(Code of Iowa, Sec. 321.236[9])

1. At the intersection of Franklin and Madison;

2. At the intersection of Jefferson and Madison.

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TURNING REGULATIONS

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64.03 LEFT TURN FOR PARKING. No person shall make a left hand

turn, crossing the centerline of the street, for the purpose of parking on said

street.

CODE OF ORDINANCES, BLOOMFIELD, IOWA

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CHAPTER 65

STOP OR YIELD REQUIRED

65.01 Stop Required 65.05 Stop Before Crossing Sidewalk

65.02 Four-Way Stop Intersections 65.06 Stop When Traffic Is Obstructed

65.03 Yield Required 65.07 Yield to Pedestrians in Crosswalks

65.04 School Stops 65.08 Official Traffic Controls

65.01 STOP REQUIRED. Every driver of a vehicle shall stop in accordance

with the following:

(Code of Iowa, Sec. 321.345)

1. Pineridge Street. Vehicles traveling north on Pineridge Street

shall stop at Franklin Street.

2. Hillcrest. Vehicles traveling north on Hillcrest shall stop at

Franklin Street.

3. Park View. Vehicles traveling north on Park View shall stop at

Franklin Street.

4. Brown Street. Vehicles traveling south on Brown Street shall

stop at Franklin Street.

5. Southview Drive. Vehicles traveling north on Southview Drive

shall stop at Arkansas Avenue.

6. Crest View. Vehicles traveling south on Crest View shall stop at

North Street.

7. East Street. Vehicles traveling north on East Street shall stop at

Arkansas Avenue.

8. Howard Street. Vehicles traveling south on Howard Street shall

stop at Locust Street, Jefferson Street, Franklin Street, Walnut Street and

at South Street.

9. Howard Street. Vehicles traveling north on Howard Street shall

stop at Walnut Street, Jefferson Street, Franklin Street, Locust Street and

at North Street.

10. Dodge Street. Vehicles traveling south on Dodge Street shall stop

at Locust Street, Jefferson Street, Franklin Street, Walnut Street and at

Chestnut Street.

11. Dodge Street. Vehicles traveling north on Dodge Street shall stop

at Chestnut Street, Walnut Street, Franklin Street, Jefferson Street,

Locust Street and Poplar Street. (Ord. 617 – July 06 Supp.)

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12. Smith Street. Vehicles traveling north on Smith Street shall stop

at the junction of Highways 2 & 63.

13. Washington Street. Vehicles traveling south on Washington

Street shall stop at Weaver Road and at the junction of Highways 2 &

63.

14. Washington Street. Vehicles traveling north on Washington

Street shall stop at Madison Street.

15. Madison Street. Vehicles traveling south on Madison Street shall

stop at Franklin Street.

16. Madison Street. Vehicles traveling north on Madison Street shall

stop at Franklin Street and at Weaver Road.

17. Columbia Street. Vehicles traveling south on Columbia Street

shall stop at Duffield Street, Goode Street, North Street, Jefferson Street,

Franklin Street, Walnut Street and at the junction of Highways 2 & 63.

18. Columbia Street. Vehicles traveling north on Columbia Street

shall stop at Walnut Street, Franklin Street, Jefferson Street, North Street

and at Goode Street.

19. Davis Street. Vehicles traveling south on Davis Street shall stop

at Goode Street, North Street, Poplar Street, Jefferson Street and at

Franklin Street.

20. Davis Street. Vehicles traveling north on Davis Street shall stop

at Jefferson Street, Poplar Street and at North Street.

21. West Street. Vehicles traveling south on West Street shall stop at

Jefferson Street and at the junction of Highways 2 and 63.

22. West Street. Vehicles traveling north on West Street shall stop at

Jefferson Street.

23. Elm Street. Vehicles traveling south on Elm Street shall stop at

North Street.

24. Elm Street. Vehicles traveling north on Elm Street shall stop at

North Street, Swansee Avenue and at Goode Street.

25. Bloomfield Street. Vehicles traveling south on Bloomfield Street

shall stop at Jefferson Street, Walnut Street, Chestnut Street and at South

Street.

26. Bloomfield Street. Vehicles traveling north on Bloomfield Street

shall stop at Chestnut Street, Walnut Street and at Jefferson Street.

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27. Pine Street. Vehicles traveling south on Pine Street shall stop at

North Street, Jefferson Street, Walnut Street, Chestnut Street and at

South Street.

28. Pine Street. Vehicles traveling north on Pine Street shall stop at

South Street, Chestnut Street, Walnut Street, Jefferson Street, North

Street and Goode Street.

29. Buckeye Street. Vehicles traveling south on Buckeye Street shall

stop at Poplar Street, Jefferson Street, Walnut Street, Chestnut Street and

at South Street.

30. Buckeye Street. Vehicles traveling north on Buckeye Street shall

stop at South Street, Walnut Street, Jefferson Street, Poplar Street and at

North Street.

31. Lake Road Drive. Vehicles traveling south on Lake Road Drive

shall stop at Goode Street.

32. Cherry Street. Vehicles traveling south on Cherry Street shall

stop at Poplar Street and at Jefferson Street.

33. Cherry Street. Vehicles traveling north on Cherry Street shall

stop at Poplar Street and West North Street.

34. Railroad Street. Vehicles traveling south on Railroad Street shall

stop at Walnut Street, Chestnut Street and at Karr Avenue.

35. Railroad Street. Vehicles traveling north on Railroad Street shall

stop at Chestnut Street, Walnut Street and at Jefferson Street.

36. Jones Avenue. Vehicles traveling north on Jones Avenue shall

stop at North Street.

37. Quigley Street. Vehicles traveling north on Quigley Street shall

stop at Bader Street.

38. Quigley Street. Vehicles traveling south on Quigley Street shall

stop at 230

Street.

39. Hickory Hollow Road. Vehicles traveling east on Hickory

Hollow Road shall stop at West Street.

40. Gregory Lane. Vehicles traveling east on Gregory Lane shall stop

at Weaver Road.

41. Gregory Lane. Vehicles traveling west on Gregory Lane shall

stop at Washington Street.

42. Duffield Street. Vehicles traveling east on Duffield Street shall

stop at West Street.

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STOP OR YIELD REQUIRED

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43. Duffield Street. Vehicles traveling west on Duffield Street shall

stop at West Street.

44. Goode Street. Vehicles traveling east on Goode Street shall stop

at West Street and at Madison Street.

45. Short Street. Vehicles traveling east on Short Street shall stop at

Washington Street.

46. Short Street. Vehicles traveling west on Short Street shall stop at

Madison Street.

47. Arkansas Avenue. Vehicles traveling east on Arkansas Avenue

shall stop at Columbia Street.

48. Arkansas Avenue. Vehicles traveling west on Arkansas Avenue

shall stop at Weaver Road, Washington Street and at West Street.

49. Swansee Avenue. Vehicles traveling east on Swansee Avenue

shall stop at West Street.

50. Crest View. Vehicles traveling east on Crest View shall stop at

Southview Drive.

51. North Street. Vehicles traveling east on North Street shall stop at

Pine Street, West Street, Madison Street and at Washington Street.

52. North Street. Vehicles traveling west on North Street shall stop at

Washington Street, Madison Street, West Street and at Pine Street.

53. Country Club Drive. Vehicles traveling west on Country Club

Drive shall stop at Southview Drive.

54. Poplar Street. Vehicles traveling east on Poplar Street shall stop

at Pine Street, West Street, Columbia Street, Madison Street and at

Washington Street.

55. Poplar Street. Vehicles traveling west on Poplar Street shall stop

at Washington Street, Madison Street, Columbia Street, West Street and

at Pine Street.

56. Locust Street. Vehicles traveling east on Locust Street shall stop

at Pine Street, West Street, Madison Street and at Brown Street.

57. Locust Street. Vehicles traveling west on Locust Street shall stop

at Brown Street, Madison Street, West Street and at Pine Street.

58. Jefferson Street. Vehicles traveling east on Jefferson Street shall

stop at East Street.

59. Franklin Street. Vehicles traveling west on Franklin Street shall

stop at West Street.

CHAPTER 65

STOP OR YIELD REQUIRED

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60. Walnut Street. Vehicles traveling east on Walnut Street shall stop

at Railroad Street, West Street, Madison Street, Washington Street and

East Street. (Ord. 617 – July 06 Supp.)

61. Walnut Street. Vehicles traveling west on Walnut Street shall

stop at Washington Street, Madison Street, West Street, Railroad Street

and Jefferson Street. (Ord. 617 – July 06 Supp.)

62. Chestnut Street. Vehicles traveling east on Chestnut Street shall

stop at West Street, Columbia Street, Madison Street, Washington Street,

Howard Street and at East Street.

63. Chestnut Street. Vehicles traveling west on Chestnut Street shall

stop at Howard Street, Washington Street, Madison Street, Columbia

Street, West Street and at Jefferson Street.

64. South Street. Vehicles traveling east on South Street shall stop at

Railroad Street, West Street, Columbia Street, Madison Street,

Washington Street and at East Street.

65. South Street. Vehicles traveling west on South Street shall stop at

Washington Street, Madison Street, Columbia Street, West Street and at

Railroad Street.

66. Mill Street. Vehicles traveling east on Mill Street shall stop at

Columbia Street.

67. Mill Street. Vehicles traveling west on Mill Street shall stop at

West Street.

68. Second Street. Vehicles traveling west on Second Street shall

stop at Jefferson Street.

69. Grant Street. Vehicles traveling west on Grant Street shall stop at

West Street.

70. Karr Avenue. Vehicles traveling east on Karr Avenue shall stop

at West Street and at Columbia Street.

71. Karr Avenue. Vehicles traveling west on Karr Avenue shall stop

at West Street and at Old Highway 2.

72. Anderson Street. Vehicles traveling west on Anderson Street

shall stop at Smith Street.

73. Bader Street. Vehicles traveling east on Bader Street shall stop at

Lilac Avenue.

74. East Street. Vehicles traveling north or south on East Street shall

stop at South Street intersection. (Ord. 617 – July 06 Supp.)

CHAPTER 65

STOP OR YIELD REQUIRED

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75. Franklin Street. Vehicles traveling west on Franklin Street shall

stop at the Madison Street intersection. (Ord. 696 – Aug. 19 Supp.)

65.02 FOUR-WAY STOP INTERSECTIONS. Every driver of a vehicle

shall stop before entering the following designated four-way stop intersections:

(Code of Iowa, Sec. 321.345)

1. Intersection of Franklin Street and East Street;

2. Intersection of Locust Street and East Street;

3. Intersection of North Street and East Street;

4. Intersection of Grant Street and Columbia Street;

5. Intersection of Locust Street and Columbia Street;

6. Intersection of Locust Street and Davis Street;

7. Intersection of Jefferson Street and Madison Street.

65.03 YIELD REQUIRED. Every driver of a vehicle shall yield in

accordance with the following:

(Code of Iowa, Sec. 321.345)

- NONE -

65.04 SCHOOL STOPS. At the following school crossing zones every

driver of a vehicle approaching said zone shall bring the vehicle to a full stop at

a point ten (10) 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 vehicle shall have passed through such school crossing zone.

(Code of Iowa, Sec. 321.249)

1. Intersection of North Street and Washington Street.

2. At the crosswalk to the entrance of the High School.

(Ord. 669 – Mar. 12 Supp.)

65.05 STOP BEFORE CROSSING SIDEWALK. The driver of a vehicle

emerging from a private roadway, alley, driveway, or building shall stop such

vehicle immediately prior to driving onto the sidewalk area and thereafter shall

proceed into the sidewalk area only when able to do so without danger to

pedestrian traffic and shall yield the right-of-way to any vehicular traffic on the

street into which the vehicle is entering.

(Code of Iowa, Sec. 321.353)

65.06 STOP WHEN TRAFFIC IS OBSTRUCTED. Notwithstanding any

traffic control signal indication to proceed, no driver shall enter an intersection

CHAPTER 65

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CODE OF ORDINANCES, BLOOMFIELD, IOWA

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or a marked crosswalk unless there is sufficient space on the other side of the

intersection or crosswalk to accommodate the vehicle.

65.07 YIELD TO PEDESTRIANS IN CROSSWALKS. Where traffic

control signals are not in place or in operation, the driver of a vehicle shall yield

the right-of-way, slowing down or stopping, if need be, to yield to a pedestrian

crossing the roadway within any marked crosswalk or within any unmarked

crosswalk at an intersection.

(Code of Iowa, Sec. 321.327)

65.08 OFFICIAL TRAFFIC CONTROLS. Every driver shall observe and

comply with the directions provided by official traffic control signals at the

following intersections:

(Code of Iowa, Sec. 321.256)

1. Intersection of Locust Street and Washington Street;

2. Intersection of Jefferson Street and Washington Street;

3. Intersection of Franklin Street and Washington Street.

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STOP OR YIELD REQUIRED

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CHAPTER 66

LOAD AND WEIGHT RESTRICTIONS

66.01 Temporary Embargo 66.04 Load Limits on Bridges

66.02 Permits for Excess Size and Weight 66.05 Truck Route

66.03 Load Limits Upon Certain Streets

66.01 TEMPORARY EMBARGO. If the Council declares an embargo

when it appears by reason of deterioration, rain, snow or other climatic

conditions that certain streets will be seriously damaged or destroyed by

vehicles weighing in excess of an amount specified by the signs, no such

vehicles shall be operated on streets so designated by such signs.

(Code of Iowa, Sec. 321.471 & 472)

66.02 PERMITS FOR EXCESS SIZE AND WEIGHT. The Police Chief

may, upon application and good cause being shown therefor, issue a special

permit in writing authorizing the applicant to operate or move a vehicle or

combination of vehicles of a size or weight or load exceeding the maximum

specified by State law or the City over those streets or bridges named in the

permit which are under the jurisdiction of the City and for which the City is

responsible for maintenance.

(Code of Iowa, Sec. 321.473 & 321E.1)

66.03 LOAD LIMITS UPON CERTAIN STREETS. When signs are

erected giving notice thereof, no person shall operate any vehicle with a gross

weight in excess of the amounts specified on such signs at any time upon any of

the following streets or parts of streets:

(Code of Iowa, Sec. 321.473 & 475)

1. 7,500 lbs. limit on the municipal swimming pool parking lot.

66.04 LOAD LIMITS ON BRIDGES. Where it has been determined that

any City bridge has a capacity less than the maximum permitted on the streets

of the City, or on the street serving the bridge, the Police Chief may cause to be

posted and maintained signs on said bridge and at suitable distances ahead of

the entrances thereof to warn drivers of such maximum load limits, and no

person shall drive a vehicle weighing, loaded or unloaded, upon said bridge in

excess of such posted limit.

(Code of Iowa, Sec. 321.471)

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LOAD AND WEIGHT RESTRICTIONS

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66.05 TRUCK ROUTE. Truck route regulations are established as follows:

1. Truck Routes Designated. Every motor vehicle weighing ten (10)

tons or more, when loaded or empty, having no fixed terminal within the City

or making no scheduled 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:

(Code of Iowa, Sec. 321.473)

A. Iowa Highway No. 2 from the east corporate limits to the

west corporate limits;

B. U.S. Highway No. 63 from the north corporate limits to the

south corporate limits;

C. West Street from the north City limits to 230

Street;

D. Railroad Street from Jefferson Street to Karr Street;

E. Jefferson Street from Highway 63 to Highway 2;

F. Karr Street from West Street to Highway 2;

G. East Street from South Street to Highway 2;

H. Franklin Street from Highway 63 to east City limits;

I. Poplar Street from Highway 63 to Dodge Street;

J. Dodge Street from Poplar Street to Locust Street;

K. Locust Street from Locust Street to Highway 63;

L. Bader Street from West Street to west end;

M. Quigley Street from 230

Street to Bader Street.

N. South Street from East Street to Highway 63.

(Subsection N – Ord. 686 – Dec. 17 Supp.)

2. Deliveries Off Truck Route. Any motor vehicle weighing ten (10)

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 said designated route.

(Code of Iowa, Sec. 321.473)

3. Employer’s Responsibility. 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.

(Code of Iowa, Sec. 321.473)

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CHAPTER 67

PEDESTRIANS

67.01 Walking in Street 67.03 Pedestrian Crossing

67.02 Hitchhiking 67.04 Use Sidewalks

67.01 WALKING IN STREET. Pedestrians shall at all times when walking

on or along a street, walk on the left side of the street.

(Code of Iowa, Sec. 321.326)

67.02 HITCHHIKING. No person shall stand in the traveled portion of a

street for the purpose of soliciting a ride from the driver of any private vehicle.

(Code of Iowa, Sec. 321.331)

67.03 PEDESTRIAN CROSSING. Every pedestrian crossing a roadway at

any point other than within a marked crosswalk or within an unmarked

crosswalk at an intersection shall yield the right-of-way to all vehicles upon the

roadway.

(Code of Iowa, Sec. 321.328)

67.04 USE SIDEWALKS. Where sidewalks are provided it is unlawful for

any pedestrian to walk along and upon an adjacent street.

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PEDESTRIANS

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CHAPTER 68

ONE-WAY TRAFFIC

68.01 ONE-WAY TRAFFIC REQUIRED. Upon the following streets and

alleys vehicular traffic, other than permitted cross traffic, shall move only in the

indicated direction when appropriate signs are in place.

(Code of Iowa, Sec. 321.236 [4])

1. North Street shall be westbound only from a point 935.5 feet east

of East Street to a point 775.5 west from 7:45 a.m. to 8:15 a.m. and 2:45

p.m. to 3:45 p.m. on each weekday when school is in session.

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ONE

WAY TRAFFIC

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CHAPTER 69

PARKING REGULATIONS

69.01 Park Adjacent to Curb 69.10 Truck Parking Limited

69.02 Park Adjacent to Curb - One-way Street 69.11 Snow Emergency

69.03 Angle Parking 69.12 Snow Routes

69.04 Angle Parking – Manner 69.13 Parking Limited to Fifteen Minutes

69.05 Parking for Certain Purposes Illegal 69.14 Parking Prohibited on Sunday

69.06 Parking Prohibited 69.15 Bus Loading Zones

69.07 Persons With Disabilities Parking 69.16 Emergency Vehicle Parking Only

69.08 No Parking Zones 69.17 Loading Zones

69.09 All Night Parking Prohibited 69.18 Parking Prohibited Between 7:00 a.m. and 4:00 p.m.

69.01 PARK ADJACENT TO CURB. No person shall stand or park a

vehicle in a roadway other than parallel with the edge of the roadway headed in

the direction of lawful traffic movement and with the right-hand wheels of the

vehicle within eighteen (18) inches of the curb or edge of the roadway except as

hereinafter provided in the case of angle parking and vehicles parked on the

left-hand side of one-way streets.

(Code of Iowa, Sec. 321.361)

69.02 PARK ADJACENT TO CURB – ONE-WAY STREET. No person

shall stand or park a vehicle on the left-hand side of a one-way street other than

parallel with the edge of the roadway headed in the direction of lawful traffic

movement and with the left-hand wheels of the vehicle within eighteen (18)

inches of the curb or edge of the roadway except as hereinafter provided in the

case of angle parking.

(Code of Iowa, Sec. 321.361)

69.03 ANGLE PARKING. Angle or diagonal parking is permitted only in

the following locations:

(Code of Iowa, Sec. 321.361)

1. Madison Street, on the west side, from Jefferson Street to the

north side of the alley in Block 33.

2. Madison Street, on the east side, from Franklin Street to the north

side of the alley in Block 32.

3. Madison Street, on the west side, from Jefferson Street to Locust

Street.

4. Madison Street, on the east side, from Locust Street to a point 50

feet north of Jefferson Street.

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KING REGULATIONS

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5. Madison Street, in the center, from Jefferson Street to Franklin

Street.

†

6. Franklin Street, on the south side, from Madison Street to

Washington Street.

7. Franklin Street, on the south side, from the east line of the

Hamilton Produce property to the west line of City Hall.

8. Franklin Street, in the center, from Madison Street to Washington

Street.

†

9. Jefferson Street, on the north side, from Washington Street to

Columbia Street.

10. Jefferson Street, on the north side, from Dodge Street to the west

boundary line of the Legion Hall property.

11. Jefferson Street, on the south side, from Washington Street to

Dodge Street.

12. Jefferson Street, in the center, from Madison Street to Washington

Street.

†

13. Franklin Street, on the south side from Washington Street to

Dodge Street.

14. Franklin Street, on the north side, from Washington Street to

Madison Street.

‡

15. Madison Street, on the east side, from Franklin Street to Jefferson

Street.

‡

16. Jefferson Street, on the south side, from Madison Street to

Washington Street.

‡

(Subsections 14-16 – Ord. 693 – Aug. 19 Supp.)

†

Repealed temporarily by Ordinance No. 693 approved on January 29, 2018. The temporary repeal is

lifted on April 30, 2018 when Ordinance No. 693 is terminated.

†

Repealed temporarily by Ordinance No. 693 approved on January 29, 2018. The temporary repeal is

lifted on April 30, 2018 when Ordinance No. 693 is terminated.

†

Repealed temporarily by Ordinance No. 693 approved on January 29, 2018. The temporary repeal is

lifted on April 30, 2018 when Ordinance No. 693 is terminated.

‡

Enacted as a temporary angle parking zone by Ordinance No. 693 approved on January 29, 2018. The

temporary parking ends on April 30, 2018 when Ordinance No. 693 is terminated.

‡

Enacted as a temporary angle parking zone by Ordinance No. 693 approved on January 29, 2018. The

temporary parking ends on April 30, 2018 when Ordinance No. 693 is terminated.

‡

Enacted as a temporary angle parking zone by Ordinance No. 693 approved on January 29, 2018. The

temporary parking ends on April 30, 2018 when Ordinance No. 693 is terminated.

CHAPTER 69

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69.04 ANGLE PARKING – MANNER. Upon those streets or portions of

streets which have been signed or marked for angle parking, no person shall

park or stand a vehicle other than at an angle to the curb or edge of the roadway

or in the center of the roadway as indicated by such signs and markings. No

part of any vehicle, or the load thereon, when parked within a diagonal parking

district, shall extend into the roadway more than a distance of sixteen (16) feet

when measured at right angles to the adjacent curb or edge of roadway.

(Code of Iowa, Sec. 321.361)

69.05 PARKING FOR CERTAIN PURPOSES ILLEGAL. No person

shall park a vehicle upon public property for more than seventy-two (72) hours,

unless otherwise limited under the provisions of this chapter, or for any of the

following principal purposes:

(Code of Iowa, Sec. 321.236 [1])

1. Sale. Displaying such vehicle for sale;

2. Repairing. For lubricating, repairing or for commercial washing

of such vehicle except such repairs as are necessitated by an emergency;

3. Advertising. Displaying advertising;

4. Merchandise Sales. Selling merchandise from such vehicle

except in a duly established market place or when so authorized or

licensed under this Code of Ordinances.

69.06 PARKING PROHIBITED. No one shall stop, stand or park a vehicle

except when necessary to avoid conflict with other traffic or in compliance with

the directions of a peace officer or traffic control device, in any of the following

places:

1. Crosswalk. On a crosswalk.

(Code of Iowa, Sec. 321.358 [5])

2. Center Parkway. On the center parkway or dividing area of any

divided street.

(Code of Iowa, Sec. 321.236 [1])

3. Mailboxes. Within twenty (20) feet on either side of a mailbox

which is so placed and so equipped as to permit the depositing of mail

from vehicles on the roadway.

4. Sidewalks. On or across a sidewalk.

(Code of Iowa, Sec. 321.358 [1])

5. Driveway. In front of a public or private driveway.

(Code of Iowa, Sec. 321.358 [2])

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6. Intersection. Within, or within ten (10) feet of an intersection of

any street or alley.

(Code of Iowa, Sec. 321.358 [3])

7. Fire Hydrant. Within five (5) feet of a fire hydrant.

(Code of Iowa, Sec. 321.358 [4])

8. Stop Sign or Signal. Within ten (10) feet upon the approach to

any flashing beacon, stop or yield sign, or traffic control signal located at

the side of a roadway.

(Code of Iowa, Sec. 321.358 [6])

9. Railroad Crossing. Within fifty (50) feet of the nearest rail of a

railroad crossing, except when parked parallel with such rail and not

exhibiting a red light.

(Code of Iowa, Sec. 321.358 [8])

10. Fire Station. Within twenty (20) feet of the driveway entrance to

any fire station and on the side of a street opposite the entrance to any

fire station within seventy-five (75) feet of said entrance when properly

sign posted.

(Code of Iowa, Sec. 321.358 [9])

11. Excavations. Alongside or opposite any street excavation or

obstruction when such stopping, standing or parking would obstruct

traffic.

(Code of Iowa, Sec. 321.358 [10])

12. Double Parking. On the roadway side of any vehicle stopped or

parked at the edge or curb of a street.

(Code of Iowa, Sec. 321.358 [11])

13. Hazardous Locations. When, because of restricted visibility or

when standing or parked vehicles would constitute a hazard to moving

traffic, or when other traffic conditions require, the Council may cause

curbs to be painted with a yellow color and erect no parking or standing

signs.

(Code of Iowa, Sec. 321.358 [13])

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14. Churches, Nursing Homes and Other Buildings. A space of fifty

(50) feet is hereby reserved at the side of the street in front of any

theatre, auditorium, hotel having more than twenty-five (25) sleeping

rooms, hospital, nursing home, taxicab stand, bus depot, church, or other

building where large assemblages of people are being held, within which

space, when clearly marked as such, no motor vehicle shall be left

standing, parked or stopped except in taking on or discharging

passengers or freight, and then only for such length of time as is

necessary for such purpose.

(Code of Iowa, Sec. 321.360)

15. Alleys. No person shall park a vehicle within an alley in such a

manner or under such conditions as to leave available less than ten (10)

feet of the width of the roadway for the free movement of vehicular

traffic, and no person shall stop, stand or park a vehicle within an alley

in such a position as to block the driveway entrance to any abutting

property. The provisions of this subsection shall not apply to a vehicle

parked in any alley which is eighteen (18) feet wide or less; provided

said vehicle is parked to deliver goods or services.

(Code of Iowa, Sec. 321.236[1])

16. Ramps. In front of a curb cut or ramp which is located on public

or private property in a manner which blocks access to the curb cut or

ramp.

(Code of Iowa, Sec. 321.358[15])

17. Area Between Lot Line and Curb Line. That area of the public

way not covered by sidewalk and lying between the lot line and the curb

line, where curbing has been installed.

18. In More Than One Space. In any designated parking space so that

any part of the vehicle occupies more than one such space or protrudes

beyond the markings designating such space.

69.07 PERSONS WITH DISABILITIES PARKING. The following

regulations shall apply to the establishment and use of persons with disabilities

parking spaces:

1. Establishment. Persons with disabilities parking spaces shall be

established and designated in accordance with Chapter 321L of the Code

of Iowa and Iowa Administrative Code, 661-18. No unauthorized person

shall establish any on-street persons with disabilities parking space

without first obtaining Council approval. The following areas are hereby

designated as persons with disabilities parking spaces:

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A. Commencing at a point 71 feet east of the northeast corner

of the intersection of North Howard Street and East North Street,

thence east 20 feet. (Ord. 614 – May 06 Supp.)

B. Commencing on the Southwest corner of the City square

82 feet from the West curb at the intersection of Highway 63 and

Franklin thence west 16 feet. (Ord. 681 – Oct. 16 Supp.)

2. Improper Use. The following uses of a persons with disabilities

parking space, located on either public or private property, constitute

improper use of a persons with disabilities parking permit, which is a

violation of this Code of Ordinances:

(Code of Iowa, Sec. 321L.4[2])

A. Use by an operator of a vehicle not displaying a persons

with disabilities parking permit;

B. Use by an operator of a vehicle displaying a persons with

disabilities parking permit but not being used by a person issued a

permit or being transported in accordance with Section

321L.2[1b] of the Code of Iowa;

C. Use by a vehicle in violation of the rules adopted under

Section 321L.8 of the Code of Iowa.

3. Wheelchair Parking Cones. No person shall use or interfere with

a wheelchair parking cone in violation of the following:

A. A person issued a persons with disabilities parking permit

must comply with the requirements of Section 321L.2A (1) of the

Code of Iowa when utilizing a wheelchair parking cone.

B. A person shall not interfere with a wheelchair parking cone

which is properly placed under the provisions of Section 321L.2A

(1) of the Code of Iowa.

69.08 NO PARKING ZONES. No one shall stop, stand or park a vehicle in

any of the following specifically designated no parking zones except when

necessary to avoid conflict with other traffic or in compliance with the direction

of a peace officer or traffic control signal.

(Code of Iowa, Sec. 321.236 [1])

1. On the east side and the west side of Columbia Street from the

South line of Franklin Street to a point 142 feet south thereof;

2. On the west side of Columbia Street from the south line of the

alley running east and west through Block Twenty-three in the original

town (now city) of Bloomfield, to a point 70 feet south thereof;

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3. On the west side of East Street from Franklin Street to Jefferson

Street;

4. On the west half of East Street between Poplar Street and Franklin

Street;

5. On the north side of Franklin Street from the west line of

Columbia Street to the east line of Davis Street, and on the south side of

Franklin Street from the west line of Columbia Street, thence 75 feet

west;

6. On the north side of Gregory Lane between the east side of

Washington Street and the west side of U.S. Highway No. 63;

7. On the north side of Jefferson Street from the west line of

Columbia Street to a point 42 feet west thereof;

8. On the south side of Jefferson Street, between the east side of

Dodge Street to the west side of East Street;

9. On the north side of Locust Street from Madison Street to

Washington Street;

(Ord. 658 – Mar. 12 Supp.)

10. On the south side of Locust Street from Washington Street to

Dodge Street;

11. On the east side of Madison Street from Locust Street to

Washington Street;

12. On the east side of Madison Street from the south line of Walnut

Street to a point 112 feet south thereof;

13. On the east side of Pine Street from the south line of Jefferson

Street to a point 200 feet south thereof;

14. On the west side of Pine Street from the north line of Jefferson

Street to a point 50 feet north thereof;

15. On the north side of Poplar Street from the east side of Madison

Street to the west side of Washington Street;

16. On the south side of Walnut Street from the west line of Madison

Street to a point 115 feet west thereof;

17. On both sides of West Street from the intersection of Highway 2 and

63 north to the north corporate limit. (Ord. 648 – Oct. 09 Supp.)

18. On the west side of East Street from the south line of Franklin Street

to a point 40 feet south thereof;

19. On the north side of South Street from the east line of U. S.

Highway 63 to the west line of Dodge Street;

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20. On the north side of South Street between Madison Street and

Washington Street;

21. On the west side of Brown Street between Locust Street and

Franklin Street;

22. On the west side of West Street between Jefferson Street and South

Street;

23. On any part of the paved portion of Karr Street between West Street

and the west corporate limits of the City;

24. The third parking space south to the alley running east and west on

the east side of the 200 block on South Madison Street;

25. On the north side of Grant Street from Madison Street to West

Street;

26. On the west side of Dodge Street from Locust Street to the north

side of the east-west alley;

27. On the north side of North Street commencing at the intersection of

North Street and East Street and going thence east 791 feet between the

hours of 7:45 a.m. to 8:30 a.m. and 2:45 p.m. to 3:45 p.m.;

28. Commencing at the northeast corner of the intersection of Dodge

Street and East Jefferson Street, thence north fifty feet along the east side of

Dodge Street;

29. On the north side of West Walnut Street from South Madison Street

to South Columbia Street and on the south side of West Walnut Street from

the west line of South Madison Street a distance of 115 feet west thereof

and on the south side of West Walnut Street from the east line of South

Columbia Street a distance of 80 feet east;

30. On the north side of Locust Street between North East Street to

Brown Street; (Ord. 680 – Oct. 16 Supp.)

31. On the east side of East Street between Locust Street and North

Street;

32. On the east side of East Street between Locust Street and

Jefferson Street between the hours of 7:45 a.m. to 8:30 a.m.

33. On the south side of Poplar Street between Highway 62 and

Howard Street.

34. On the east side of Dodge Street between Locust Street and

Poplar Street.

35. On the west side of Howard Street between Locust Street and

North Street.

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36. On the south side of Walnut Street between West Street and Old

Highway 63.

37. On both sides of South Railroad Street between Second Street and

Karr Street.

38. On both sides of North Railroad Street between Jefferson Street

and Walnut Street.

39. On both sides of East Street between South Street and the Bridge.

40. East Street from Franklin Street, south to South Street on the west

side. (Ord. 641 – Oct. 09 Supp.)

41. On both sides of North Madison Street between Highway 63 and

Washington Street provided, however, that parking shall be permitted on

state holidays and during funerals.

(Ord. 608 – May 06 Supp.)

42. On the west side of East Street from Franklin Street south to

South Street. (Ord. 649 – Oct. 09 Supp.)

43. On the south side of Arkansas Avenue from Highway 63 to

Southview Drive during the hours of 7:45 a.m. to 8:30 a.m. and 3:00

p.m. to 3:45 p.m.

(Ord. 656 – Mar. 12 Supp.)

44. On both sides of Locust Street from Columbia Street to Madison

Street.

(Ord. 658 – Mar. 12 Supp.)

45. On the south side of Locust Street between Columbia Street and

Davis Street.

(Ord. 672 – Feb. 13 Supp. )

46. On the north side of the 300 block of East Locust Street between

Dodge Street and Howard Street. (Ord. 691 – Dec. 17 Supp.)

47. On the south side of 300 block of East Locust Street, for the first

100 feet, east from the intersection of Locust Street and Dodge Street.

(Ord. 691 – Dec. 17 Supp.)

48. On the west side of Washington Street between Weaver Road and

Arkansas Avenue. (Ord. 697 – Aug. 19 Supp.)

69.09 ALL NIGHT PARKING PROHIBITED. No person shall park a

vehicle on any of the following named streets between the hours of 12:00 a.m.

and 5:00 a.m. on any day, on both sides of the streets, excluding the center.

Exceptions any occur during a Snow Emergency declared by the Mayor.

(Code of Iowa, Sec. 321.236 [1])

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1. Madison Street, on both sides, from Locust Street to Walnut

Street.

2. Franklin Street, on both sides, from Columbia Street to Dodge

Street.

3. Washington Street, on both sides, from Locust Street to Walnut

Street.

4. Jefferson Street, on both sides, from Columbia Street to Dodge

Street.

(Ord. 650 – Mar. 10 Supp.)

69.10 TRUCK PARKING LIMITED. No person shall park a motor truck,

semi-trailer, or other motor vehicle with trailer attached in violation of the

following regulations. The provisions of this section shall not apply to pickup,

light delivery or panel delivery trucks.

(Code of Iowa, Sec. 321.236 [1])

1. Streets. Excepting only when such vehicles are actually engaged

in the delivery or receiving of merchandise or cargo within the

prohibited area, no person shall park or leave unattended such vehicle,

on any of the following designated streets. When actually receiving or

delivering merchandise or cargo such vehicle shall be stopped or parked

in a manner which will not interfere with other traffic.

A. On any street immediately bounding the public square in

the City.

B. Washington Street between Franklin Street and North

Street;

C. Franklin Street between Madison Street and the east City

limits;

D. Jefferson Street between Washington Street and the west

City limits;

E. Columbia Street between Jefferson Street and Locust

Street.

F. Madison Street between Franklin Street and Jefferson

Street.

2. Noise. No such vehicle shall be left standing or parked upon any

street, alley, public or private parking lot, or drive of any service station

between the hours of 12:00 midnight and 5:00 a.m. with the engine,

auxiliary engine, air compressor, refrigerating equipment or other device

in operation giving off audible sounds excepting only the drive of a

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service station when actually being serviced, and then in no event for

more than thirty (30) minutes.

3. Livestock. No such vehicle containing livestock shall be parked

on any street, alley or highway for a period of time of more than thirty

(30) minutes.

69.11 SNOW EMERGENCY. No person shall park, abandon or leave

unattended any vehicle on any public street, alley or City-owned or leased 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 throughout the duration of the snow or ice storm and the

48-hour period after cessation of such storm except as above provided upon

streets which have been fully opened. Such a ban shall be of uniform

application and the Police Chief is directed to publicize the requirements

widely, using all available news media, in early November each year. Where

predictions or occurrences indicate the need, the Mayor shall proclaim a snow

emergency and the Police Chief shall inform the news media to publicize the

proclamation and the parking rules thereunder. Such emergency may be

extended or shortened when conditions warrant.

(Code of Iowa, 321.236[1])

69.12 SNOW ROUTES. The Council may designate certain streets in the

City as snow routes. When conditions of snow or ice exist on the traffic surface

of a designated snow route, it is unlawful for the driver of a vehicle to impede

or block traffic.

(Code of Iowa, Sec. 321.236[12])

69.13 PARKING LIMITED TO FIFTEEN MINUTES. No motor vehicle

shall be parked in the widened part of the pavement on West Jefferson Street in

front of the United States Post Office building for a period of time exceeding

fifteen minutes except on Sundays and such holidays on which the post office is

closed.

69.14 PARKING PROHIBITED ON SUNDAY. It is unlawful for any

person to park any car, automobile or other vehicle between the hours of 7:00

a.m. and 12:00 noon on Sunday upon those parts of the streets of the City

described as follows:

1. On the north side of Locust Street from Davis Street to West

Street;

2. On the east side of Davis Street from the south line of Locust

Street to a point 120 feet south thereof.

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69.15 BUS LOADING ZONES. It is unlawful for any person to park any

car, automobile or other vehicle between the hours of 8:30 a.m. to 8:45 a.m. and

3:15 p.m. to 3:50 p.m. in the following areas which are designated as “No

Parking – Bus Loading Zones”:

1. On the east side of East Street from the south line of Locust Street

to a point 240 feet south thereof; and

2. On the south side of Locust Street from the east line of East Street

to a point 300 feet east thereof.

69.16 EMERGENCY VEHICLE PARKING ONLY. It is unlawful for any

person to park any car or automobile or other vehicle, other than emergency

vehicles, upon the parts of streets of the City described as follows:

1. A distance of 60 feet south of the southwest corner of the

intersection of Jefferson and Pine Streets on the west side of Pine Street.

2. A distance of 120 feet west of North Washington on East Poplar

between North Washington and North Madison, on the south side of East

Poplar Street. (Ord. 676 – Dec. 13 Supp.)

69.17 LOADING ZONES. It is unlawful for any person to park any car,

automobile or other vehicle between the hours of 7:00 a.m. and 4:00 p.m. on

each weekday when school is in session on the following streets or parts of

streets:

1. On the east side of High Street from the right-of-way line on the

north side of Franklin Street thence north a distance of 75 feet; and

2. Commencing at the intersection of Locust Street and East Street

and going thence east on the south side of Locust Street a distance of 220

feet.

69.18 PARKING PROHIBITED BETWEEN 7:00 A.M. AND 4:00 P.M. It

is unlawful for any person to park any car, automobile or other vehicle between

the hours of 7:00 a.m. and 4:00 p.m. of each weekday when school is in session

upon the part of the streets of the City described as follows:

1. On the east side of East Street between Franklin Street and

Jefferson Street;

2. On the south side of Locust Street between Howard Street and

East Street;

3. On the south side of North Street between East Street and

Crestview;

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4. On the west side of East Street between Jefferson Street and

North Street;

5. On the east and west side of East Street from North Street

commencing at the intersection and going thence north 300 feet.

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CHAPTER 70

TRAFFIC CODE ENFORCEMENT PROCEDURES

70.01 Arrest or Citation 70.04 Parking Violations: Vehicle Unattended

70.02 Scheduled Violations 70.05 Presumption in Reference to Illegal Parking

70.03 Parking Violations: Alternate 70.06 Impounding Vehicles

70.01 ARREST OR CITATION. Whenever a peace officer has reasonable

cause to believe that a person has violated any provision of the Traffic Code,

such officer may:

1. Immediate Arrest. Immediately arrest such person and take such

person before a local magistrate, or

2. Issue Citation. Without arresting the person, prepare in

quintuplicate as adopt by the Iowa Commissioner of Public Safety, or

issue a uniform citation and complaint utilizing a State approved

computerized device, or

3. Issue Notice of Violation. As an alternative enforcement action

for violations of the Traffic Code, a peace officer may issue a violator a

civil "notice of violation." Notwithstanding Section 70.02, the penalty

for a civil "notice of violation" under this section shall be the scheduled

fine listed in the most recent Compendium of Scheduled Violations and

Scheduled Fines published by the Iowa Department of Public Safety and

the Department of Natural Resources and shall not include court costs or

surcharge. No record or information concerning the issuance of a civil

"notice of violation" shall be sent, reported, or forwarded to the State

Department of Transportation, or similar department of any other state,

for the purpose of adding to the driving record of the violator.

No civil "notice of violation" shall be issued for violations of driving

under suspension, reckless driving, drag racing, or that are alcohol or

accident-related. A civil "notice of violation" shall not be issued to any

person who has an unpaid penalty from a previous "notice of violation"

or who has already received two such alternative enforcement actions for

moving violations within the previous 12 months.

Each penalty for a civil "notice of violation" issued under this section

shall be paid to and handled by the Bloomfield Police Department

Administrative Assistant. If such penalty is not paid within 30 days of

the date of issuance, or if the driver denies committing such violation,

the issuing peace officer shall cancel the civil "notice of violation" and

issue a traffic citation to be processed through the court system in the

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same manner as if the violator had been originally issued a citation for

the violation. (Paragraph 3 – Ord. 687 – Dec. 17 Supp.)

The Police Department shall maintain a record of each civil "notice of

violation" issued, civil penalty paid, and of each "notice of violation"

which is unpaid or denied.

(Ord. 673 – Feb. 13 Supp.)

70.02 SCHEDULED VIOLATIONS. For violations of the Traffic Code

which are designated by Section 805.8A of the Code of Iowa to be scheduled

violations, the scheduled fine for each of those violations shall be as specified

in Section 805.8A of the Code of Iowa.

(Code of Iowa, Sec. 805.8 & 805.8A)

70.03 PARKING VIOLATIONS: ALTERNATE. Admitted violations of

parking restrictions imposed by this Code of Ordinances may be charged upon a

simple notice of a fine payable to and handled by the Bloomfield Police

Department Administrative Assistant. The simple notice of a fine shall be in

the amount of thirteen dollars ($13.00) for all violations except improper use of

a persons with disabilities parking permit. If such fine is not paid within thirty

(30) days, it shall be increased by five dollars ($5.00). The simple notice of a

fine for improper use of a persons with disabilities parking permit is one

hundred dollars ($100.00). Failure to pay the simple notice of a fine shall be

grounds for the filing of a complaint in District Court.

(Ord. 687 – Dec. 17 Supp.)

70.04 PARKING VIOLATIONS: VEHICLE UNATTENDED. When a

vehicle is parked in violation of any provision of the Traffic Code, and the

driver is not present, the notice of fine or citation as herein provided shall be

attached to the vehicle in a conspicuous place.

70.05 PRESUMPTION IN REFERENCE TO ILLEGAL PARKING. In

any proceeding charging a standing or parking violation, a prima facie

presumption that the registered owner was the person who parked or placed

such vehicle at the point where, and for the time during which, such violation

occurred, shall be raised by proof that:

1. Described Vehicle. The particular vehicle described in the

information was parked in violation of the Traffic Code, and

2. Registered Owner. The defendant named in the information was

the registered owner at the time in question.

70.06 IMPOUNDING VEHICLES. A peace officer is hereby authorized to

remove, or cause to be removed, a vehicle from a street, public alley, public

parking lot or highway to the nearest garage or other place of safety, or to a

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garage designated or maintained by the City, under the circumstances

hereinafter enumerated:

1. Disabled Vehicle. When a vehicle is so disabled as to constitute

an obstruction to traffic and the person or persons in charge of the

vehicle are by reason of physical injury incapacitated to such an extent

as to be unable to provide for its custody or removal.

(Code of Iowa, Sec. 321.236 [1])

2. Illegally Parked Vehicle. When any vehicle is left unattended and

is so illegally parked as to constitute a definite hazard or obstruction to

the normal movement of traffic.

(Code of Iowa, Sec. 321.236 [1])

3. Snow Removal. When any vehicle is left parked in violation of a

ban on parking during snow removal operations.

4. Parked Over Limited Time Period. When any vehicle is left

parked for a continuous period in violation of any limited parking time.

If the owner can be located, the owner shall be given an opportunity to

remove the vehicle.

(Code of Iowa, Sec. 321.236 [1])

5. Costs. In addition to the standard penalties provided, the owner

or driver of any vehicle impounded for the violation of any of the

provisions of this chapter shall be required to pay the reasonable cost of

towing and storage.

(Code of Iowa, Sec. 321.236 [1])

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CHAPTER 75

ALL-TERRAIN VEHICLES AND SNOWMOBILES

75.01 Purpose 75.08 Operation/Time Restriction

75.02 Definitions 75.09 Prohibition

75.

03 Gen

eral Regulations

5.10

ecommenda

ions

75.04 Oper

tion of Sn

les

5.11

it/Fee

ines

75.05

Operation

of ATV

s (All

Terrain Veh

icles)

5.12

xempt Vehicles

75.06 Ne

gligence

75.13

ara

de Usage

5.07 Accident Repor

75.01 PURPOSE. The purpose of this chapter is to regulate the use and

operation of all-terrain vehicles, snowmobiles, off-road utility vehicles and golf

carts within the City. (Ord. 706 – Dec. 20 Supp.)

75.02 DEFINITIONS. For use in this chapter the following terms are

defined:

1. “All-terrain vehicle” or “ATV” means a motorized vehicle with

not less than three (3) low pressure tires, but not more than six (6) non-

highway tires that is limited in engine displacement to less than one

thousand (1000) cubic centimeters and in total dry weight to less than

twelve hundred (1200) pounds and that has a seat or saddle designed to

be straddled by the operator and handlebars for steering control.

(Iowa Code 321I.1[a])

(Ord. 706 – Dec. 20 Supp.)

2. “Snowmobile” means a motorized vehicle weighing less than one

thousand (1,000) pounds which uses sled-type runners or skis, endless

belt-type tread with a width of forty-eight (48) inches or less, or any

combination of runners, skis or tread, and is designed for travel on snow

or ice. “Snowmobile” does not include an all-terrain vehicle which has

been altered or equipped with runners, skis, belt-type tracks or treads.

(Ord. 611 – May 06 Supp.)

(Code of Iowa, Sec. 321G.1[18])

3. Off-road utility vehicle” or “ORV” means a motorized vehicle

with not less than four and not more than eight non-highway tires or

rubberized tracks that has a seat that is of bucket or bench design, not

intended to be straddled by the operator, and a steering wheel or control

levers for control. (Ord. 706 – Dec. 20 Supp.)

(Iowa Code 321I.17[a])

4. “Golf cart” means a motor vehicle that has not less than three

wheels in contact with the ground, that has an unladen weight of less

than one thousand eight hundred pounds, that is designed to be and is

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operated at not more than twenty-five miles per hour and that is designed

to carry not more than four persons including the driver.

(Ord. 706 – Dec. 20 Supp.)

75.03 GENERAL REGULATIONS. No person shall operate an ATV

within the City in violation of Chapter 321I of the Code of Iowa or a

snowmobile within the City in violation of the provisions of Chapter 321G of

the Code of Iowa or in violation of rules established by the Natural Resource

Commission of the Department of Natural Resources governing their

registration, numbering, equipment and manner of operation.

(Code of Iowa, Ch. 321G & Ch. 321I)

75.04 OPERATION OF SNOWMOBILES. The operators of snowmobiles

shall comply with the following restrictions as to where snowmobiles may be

operated within the City:

1. Streets. Snowmobiles may be operated upon streets which have

not been plowed during the snow season, on the public streets for the

purpose of using the most direct roadway for the ingress to and egress

from the City, but no snowmobiles shall be driven on streets solely for

entertainment or pleasure, and provided that they may not be operated, at

any time, on any alley within the City or on the following streets:

(Code of Iowa, Sec. 321G.9[4a])

A. On Locust Street between Columbia Street and Dodge

Street;

B. On Jefferson Street between Columbia Street and Dodge

Street;

C. On Franklin Street between Columbia Street and Dodge

Street;

D. On Walnut Street between Columbia Street and Dodge

Street;

E. On Columbia Street between Locust Street and Walnut

Street;

F. On Madison Street between Locust Street and Walnut

Street;

G. On Washington Street between Locust Street and Walnut

Street;

H. On Dodge Street between Locust Street and Walnut Street;

2. Exceptions. Snowmobiles may be operated on prohibited streets

only under the following circumstances:

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A. Emergencies. Snowmobiles may be operated on any street

in an emergency during the period of time when and at locations

where snow upon the roadway renders travel by conventional

motor vehicles impractical.

(Code of Iowa, Sec. 321G.9[4c])

B. Direct Crossing. Snowmobiles may make a direct crossing

of a prohibited street provided all of the following occur:

(1) The crossing is made at an angle of approximately

ninety degrees (90°) to the direction of the street and at a

place where no obstruction prevents a quick and safe

crossing;

(2) The snowmobile is brought to a complete stop

before crossing the street;

(3) The driver yields the right-of-way to all on-coming

traffic which constitutes an immediate hazard; and

(4) In crossing a divided street, the crossing is made

only at an intersection of such street with another street.

(Code of Iowa, Sec. 321G.9[2])

3. Railroad Right-of-way. Snowmobiles shall not be operated on an

operating railroad right-of-way. A snowmobile may be driven directly

across a railroad right-of-way only at an established crossing and

notwithstanding any other provisions of law may, if necessary, use the

improved portion of the established crossing after yielding to all

oncoming traffic.

(Code of Iowa, Sec. 321G.13[1h])

4. Trails. Snowmobiles shall not be operated on all-terrain vehicle

trails except where so designated.

(Code of Iowa, Sec. 321G.9[4 g])

5. Parks and Other City Land. Snowmobiles shall not be operated in

any park, playground or upon any other City-owned property without the

express permission of the City. A snowmobile shall not be operated on

any City land without a snow cover of at least one-tenth of one inch.

6. Sidewalk or Parking. Snowmobiles shall not be operated upon

the public sidewalk or that portion of the street located between the curb

line and the sidewalk or property line commonly referred to as the

“parking” except for purposes of crossing the same to a public street

upon which operation is authorized by this chapter.

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75.05 OPERATION OF ATVS (ALL-TERRAIN VEHICLES).

1. Purpose. The purpose of this section is to establish a permit to

authorize the operation of all-terrain vehicles (ATVs) on certain streets

for the purpose of snow removal, lawn care and gardening within the

City of Bloomfield as authorized and pursuant to Section 321.234A and

Chapter 321I of the Code of Iowa, and for sport or other purposes as

authorized herein.

2. Definition. (Repealed by Ordinance No. 706 – Dec. 20 Supp.)

3. General Regulations. No person shall operate an all-terrain

vehicle (ATV) within the City limits of Bloomfield, Iowa, in violation of

the provisions of Chapter 321I of the Code of Iowa or unless enacted by

the Iowa Department of Natural Resources governing the registration,

numbering, equipping or manner of operation, or the provisions of this

section.

4. Permits. No person shall operate an all-terrain vehicle on any

public street, or alley within the City of Bloomfield, Iowa, for any

purpose unless the all-terrain vehicle displays a City of Bloomfield

permit issued by the City Clerk/Treasurer.

A. ATV owners may apply for a permit from the Bloomfield

City Clerk/Treasurer on forms provided by the City.

B. The City Clerk/Treasurer shall not issue a permit until the

owner has provided the following:

(1) Evidence that the ATV is registered as required by

Iowa law and that such registration is current. The owner

shall maintain such registration.

(2) Evidence that the owner is at least eighteen (18)

years of age and possesses a valid Iowa driver's license.

C. The operator of an ATV shall display the City of

Bloomfield permit sticker prominently on a rear fender or similar

rear component.

D. All permits issued shall uniquely identify the name and

address of the owner.

E. The fee for such permits shall be ten dollars ($10.00).

5. Authorized Uses. Any ATV displaying a City of Bloomfield

permit may only be operated on City streets and alleys in compliance

with all requirements set out herein and for the following purposes:

A. Snow removal with attached snowplow or blade.

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B. Gardening and/or lawn work.

C. Special events authorized by the City Council.

D. For sports on such streets as may be designated by

resolution of the Council for the sport of driving ATVs.

6. Equipment. Any ATV for which a City of Bloomfield permit is

issued shall be equipped as required by Sections 321I.12 and 321I.13 of

the Code of Iowa, including but not limited to, muffler, head lamp, tail

lamp and brakes. ATVs shall also be equipped with a bicycle safety flag

of fluorescent orange at least five feet (5') above the surface of the street.

7. Operation.

A. Operators. No person shall operate an ATV on any City

street, alley or right-of-way who is not at least eighteen (18) years

of age and does not have a valid Iowa driver’s license.

B. Traffic Code. Any person operating an ATV, including

those for which a City of Bloomfield permit has been issued, shall

strictly adhere to all traffic signs and signals and all other traffic

rules and regulations, and shall obey the orders and directions of

any law enforcement officer authorized to direct or regulate

traffic.

C. Speed. No ATV shall be operated at a speed in excess of

the lesser of twenty-five (25) miles per hour or that posted, nor

shall any ATV be operated at a speed greater than is reasonable

and proper for the existing conditions.

D. Lights. No ATV shall be operated without a lighted head

lamp and tail lamp 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 feet

(500') ahead.

E. Unattended ATVs and Parking. No person shall leave any

ATV unattended on public property while the motor is running or

the keys are in the ignition switch. Owner/operators shall comply

with all parking regulations in the City.

F. Hours of Operation. No ATV shall be operated in the City

of Bloomfield between the hours of 10:00 o’clock p.m. and 6:30

o’clock a.m. except for emergency situations or for loading or

unloading from a transport trailer, except that ATVs may be

operated during prohibited hours to perform snow removal

activities.

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8. Locations.

A. City Streets. ATV operators holding valid City of

Bloomfield permits may operate ATVs upon streets under the

jurisdiction and within the corporate limits of the City of

Bloomfield for the purposes listed above, or on such streets as

may be designated by resolution of the Council for the sport of

driving ATVs. ATVs shall not be operated upon any City street

that is a primary road extension or state highway or bike or

walking trail unless the trail is specifically designated to allow use

of motor vehicles or ATVs.

B. Sidewalks. ATVs shall not be operated upon sidewalks

unless the operator possesses a valid City of Bloomfield permit

and is engaged in snow removal or sidewalk maintenance

activities.

C. Parking. ATVs shall not be operated upon that portion of a

street right-of-way between the curb or edge of street paving and

the sidewalk referred to as the parking even if the operator

possesses a valid City of Bloomfield permit unless engaged in

snow removal, maintenance or landscaping activities for the

abutting property.

D. City Parks and Other Land Owned by the City. ATVs

shall not be operated in City parks or upon other City-owned land

without the express permission of the City Council and unless the

ATV retains the valid City of Bloomfield permit.

E. Private Property. ATVs may only be operated on private

property with the express consent of the owner.

F. Railroad Right-of-Way. ATVs shall not be operated on an

operating railroad right- of-way.

9. Violation and Penalty.

A. Any person guilty of violating the provisions herein shall

be guilty of a misdemeanor and shall be subject to a fine of one

hundred dollars ($100.00) and revocation of the City of

Bloomfield permit for a period of two months.

B. Any person guilty of violating this section two times in a

twelve (12) month period shall be subject to a fine of two hundred

dollars ($200.00) and revocation of the City of Bloomfield permit

for a period of two years.

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C. Any person guilty of violating this section three times shall

be subject to a fine of three hundred dollars ($300.00) and

permanent revocation of the City of Bloomfield permit.

D. Persons violating this section may also be prosecuted and

subject to the penalties set out in the Code of Iowa.

10. Liability Insurance. Proof of liability insurance shall be shown to

the City prior to issuance of the permit.

(Ord. 647 – Oct. 09 Supp.)

75.06 NEGLIGENCE. The owner and operator of an ATV or snowmobile

are liable for any injury or damage occasioned by the negligent operation of the

ATV or snowmobile. The owner of an ATV or snowmobile shall be liable for

any such injury or damage only if the owner was the operator of the ATV or

snowmobile at the time the injury or damage occurred or if the operator had the

owner’s consent to operate the ATV or snowmobile at the time the injury or

damage occurred.

(Code of Iowa, Sec. 321G.18 & 321I.19)

75.07 ACCIDENT REPORTS. Whenever an ATV or snowmobile is

involved in an accident resulting in injury or death to anyone or property

damage amounting to one thousand dollars ($1,000.00) or more, either the

operator or someone acting for the operator shall immediately notify a law

enforcement officer and shall file an accident report, in accordance with State

law.

(Code of Iowa, Sec. 321G.10 & 321I.11)

75.08 OPERATION/TIME RESTRICTION. An ORV and golf cart may

be operated on all City roadways in Bloomfield, Iowa. Operation of an ORV or

golf cart is prohibited on Highway 63 and Highway 2. Crossing one of these

highways to reach a City street is permissible but driving on the highway is

restricted to crossing. Operation is permitted on paved seal coat and gravel

public roadways. Operation of an ORV or golf cart on Bloomfield roadways is

permitted from 3 a.m. to 10 p.m. The operator of an ORV or golf cart must

obey all provisions of the Code of Iowa and all City/County ordinances related

to motor vehicle traffic and parking regulations. (Ord. 706 – Dec. 20 Supp.)

75.09 PROHIBITION. A person shall not drive or operate an ORV or golf

cart:

1. At a rate of speed greater than the posted speed limit up to 35

mph. A low-speed vehicle shall not be operated on a street with a posted

speed limit greater than thirty-five miles per hour.

(Iowa Code 321.381A)

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2. In a careless, reckless of negligent manner as to:

A. Endanger any person.

B. Cause injury or damage to person or property.

C. Create unnecessary skidding or sliding or to cause any

wheel or wheels to unnecessarily lost contact with the ground.

D. Trespass on private property of another.

E. Create loud, unnecessary or unusual noise so as to disturb

or interfere with the peace and quiet of other persons.

(Iowa Code 321.436, Bloomfield City Code 39.05)

F. While under the influence of an alcoholic beverage or

controlled substance.

3. Without lighted headlights and taillights at such times when

conditions provide insufficient lighting to render clearly discernible

persons and vehicle at a safe distance.

4. Without displaying a City issued flag and sticker.

5. Without all persons in the vehicle properly secured by seat belts if

the vehicle is equipped with seat belts.

6. While under the age of 18.

7. Without a valid Iowa issued driver’s license.

8. With more occupants than the vehicle is designed to carry.

(Section 75.09 – Ord. 706 – Dec. 20 Supp.)

75.10 RECOMMENDATIONS. The safety of the traveling public is of

great importance. The City of Bloomfield also recognizes that each individual

operator is primarily responsible for the safe operation of any ORV or golf cart

on a roadway. The City assumes no liability for such operation, when

permitted. The City of Bloomfield recommends, but does not require:

1. Any time an ORV or golf cart is operated on a paved roadway it

should operate on the shoulder if and when shoulder space is available

and it is safe to do so.

2. All persons operating or riding on an ORV or golf cart wear

protective headgear at all times.

(Section 75.10 – Ord. 706 – Dec. 20 Supp.)

75.11 PERMIT/FEE/FINES. No person shall operate an ORV or golf cart

on any approved roadway, for any purpose, unless the operator possesses a City

of Bloomfield permit to do so, issued by the Bloomfield Police Department.

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1. The Bloomfield Police Department shall not issue a permit until

the owner/operator has provided the following:

A. Evidence that the operator is at least 18 years of age and is

in possession of a valid Iowa driver’s license.

B. Proof that the ORV is registered with Iowa DNR.

C. Golf carts shall be equipped with headlights, brake lights,

rearview mirror, slow moving vehicle sign, adequate brakes and

pass a safety inspection at the time the permit is issued.

D. Proof that the owner and operator have motor vehicle

liability insurance covering operation of a registered ORV or golf

cart on approved roadways in the amount required by Iowa law.

(Iowa Code 321A.21)

E. A signed acknowledgement and agreement of

understanding of this ordinance.

2. The fee for such City permits shall be: City Residents $50.00,

County Residents $75.00 set by the City of Bloomfield by resolution and

shall be valid for one calendar year from January 1 through December

31, renewed annually.

3. All permits shall be issued for a specific ORV or golf cart. Permit

holders will be issued a numbered flag and a sticker to affix to the left

rear of the vehicle in a place that can easily be seen by others viewing

said vehicle from behind.

4. The fines schedules for violations of this ordinance are as follows:

A. First offense will result in a fine of $75.00 and possible 30-

day suspension of the right to operate the ATV, ORV or golf cart

within the City limits.

B. Second offense will result in a fine of $125.00 and possible

90-day suspension of the right to operate the ATV, ORV or golf

cart within the City limits.

C. Third offense will result in a fine of $225.00 and

revocation of the permit if third offense occurs within a three (3)

year period.

5. The permit may be suspended or revoked by any law enforcement

officer upon finding evidence that the permit holder has violated the

conditions of the permit or has abused the privilege of being a permit

holder. There shall be no refund of the permit fee. Should permit be

suspended or revoked, the owner or operator may seek review of such

action by the Bloomfield City Council. The operator must receive a

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majority vote of the Bloomfield City Council to allow reinstatement of

an existing permit or issuance of a new permit.

(Section 75.11 – Ord. 706 – Dec. 20 Supp.)

75.12 EXEMPT VEHICLES. The requirements of this ordinance shall not

be enforced for an ATV, ORV or golf cart used as an authorized emergency

vehicle. (Ord. 706 – Dec. 20 Supp.)

75.13 PARADE USAGE. Vehicles covered by Chapter 75 of the Code of

Ordinances are exempt from the permit requirements of this chapter during and

30 minutes before and after any parade for which the City Clerk has issued a

permit pursuant to Bloomfield City Code Section 60.08.

(Ord. 706 – Dec. 20 Supp.)

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CHAPTER 76

BICYCLE REGULATIONS

76.01 Scope of Regulations 76.08 Carrying Articles

76.02 Traffic Code Applies 76.09 Riding on Sidewalks

76.03 Double Riding Restricted 76.10 Towing

76.04 Two Abreast Limit 76.11 Improper Riding

76.05 Bicycle Paths 76.12 Parking

76.06 Speed 76.13 Equipment Requirements

76.07 Emerging from Alley or Driveway 76.14 Special Penalty

76.01 SCOPE OF REGULATIONS. These regulations shall apply

whenever a bicycle is operated upon any street or upon any public path set aside

for the exclusive use of bicycles, subject to those exceptions stated herein.

(Code of Iowa, Sec. 321.236 [10])

76.02 TRAFFIC CODE APPLIES. 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 the driver of a vehicle by the laws of the State declaring rules of

the road applicable to vehicles or by the traffic code of the City applicable to

the driver of a vehicle, except as to those provisions which by their nature can

have no application. Whenever such person dismounts from a bicycle the

person shall be subject to all regulations applicable to pedestrians.

(Code of Iowa, Sec. 321.234)

76.03 DOUBLE RIDING RESTRICTED. A person propelling a bicycle

shall not ride other than astride a permanent and regular seat attached thereto.

No bicycle shall be used to carry more persons at one time than the number for

which it is designed and equipped.

(Code of Iowa, Sec. 321.234 [3 and 4])

76.04 TWO ABREAST LIMIT. Persons riding bicycles upon a roadway

shall not ride more than two (2) abreast except on paths or parts of roadways set

aside for the exclusive use of bicycles. All bicycles ridden on the roadway shall

be kept to the right and shall be operated as near as practicable to the right-hand

edge of the roadway.

(Code of Iowa, Sec. 321.236 [10])

76.05 BICYCLE PATHS. 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.

(Code of Iowa, Sec. 321.236 [10])

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76.06 SPEED. No person shall operate a bicycle at a speed greater than is

reasonable and prudent under the conditions then existing.

(Code of Iowa, Sec. 321.236 [10])

76.07 EMERGING FROM ALLEY OR DRIVEWAY. The operator of 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 said sidewalk or sidewalk area, and upon

entering the roadway shall yield the right-of-way to all vehicles approaching on

said roadway.

(Code of Iowa, Sec. 321.236 [10])

76.08 CARRYING ARTICLES. No person operating a bicycle shall carry

any package, bundle or article which prevents the rider from keeping at least

one hand upon the handle bars.

(Code of Iowa, Sec. 321.236 [10])

76.09 RIDING ON SIDEWALKS. The following shall apply to riding

bicycles on sidewalks:

1. Business District. No person shall ride a bicycle upon a sidewalk

within the Business District, as defined in Section 60.02(1) of this Code

of Ordinances.

(Code of Iowa, Sec. 321.236 [10])

2. Other Locations. When signs are erected on any sidewalk or

roadway prohibiting the riding of bicycles thereon by any person, no

person shall disobey the signs.

(Code of Iowa, Sec. 321.236 [10])

3. Yield Right-of-way. Whenever any person is riding a bicycle

upon a sidewalk, such person shall yield the right-of-way to any

pedestrian and shall give audible signal before overtaking and passing.

(Code of Iowa, Sec. 321.236 [10])

76.10 TOWING. It is unlawful for any person riding a bicycle to be towed

or to tow any other vehicle upon the streets of the City unless the vehicle is

manufactured for such use.

76.11 IMPROPER RIDING. No person shall ride a bicycle in an irregular

or reckless manner such as zigzagging, stunting, speeding or otherwise so as to

disregard the safety of the operator or others.

76.12 PARKING. No person shall park a bicycle upon a street other than

upon the roadway against the curb or upon the sidewalk in a rack to support the

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bicycle or against a building or at the curb, in such a manner as to afford the

least obstruction to pedestrian traffic.

(Code of Iowa, Sec. 321.236 [10])

76.13 EQUIPMENT REQUIREMENTS. Every person riding a bicycle

shall be responsible for providing and using equipment as provided herein:

1. Lamps Required. Every bicycle when in use at nighttime shall be

equipped with a lamp on the front which shall emit a white light visible

from a distance of at least three hundred (300) feet to the front and with a

lamp on the rear exhibiting a red light visible from a distance of 300 feet

to the rear except that a red reflector on the rear, of a type which shall be

visible from all distances from fifty (50) feet to 300 feet to the rear when

directly in front of lawful upper beams of headlamps on a motor vehicle,

may be used in lieu of a rear light.

(Code of Iowa, Sec. 321.397)

2. Brakes Required. Every bicycle shall be equipped with a brake

which will enable the operator to make the braked wheel skid on dry,

level, clean pavement.

(Code of Iowa, Sec. 321.236 [10])

76.14 SPECIAL PENALTY. Any person violating the provisions of this

chapter may, in lieu of the scheduled fine for bicyclists or standard penalty

provided for violations of the Code of Ordinances, allow the person’s bicycle to

be impounded by the City for not less than five (5) days for the first offense, ten

(10) days for a second offense and thirty (30) days for a third offense.

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CHAPTER 80

ABANDONED VEHICLES

80.01 Definitions 80.06 Fees for Impoundment

80.02 Authority to Take Possession of Abandoned Vehicles 80.07 Disposal of Abandoned Vehicles

80.03 Notice by Mail 80.08 Disposal of Totally Inoperable Vehicles

80.04 Notification in Newspaper 80.09 Proceeds from Sales

80.05 Extension of Time 80.10 Duties of Demolisher

80.01 DEFINITIONS. For use in this chapter the following terms are

defined:

(Code of Iowa, Sec. 321.89[1])

1. “Abandoned vehicle” means any of the following:

A. A vehicle that has been left unattended on public property

for more than twenty-four (24) hours and lacks current

registration plates or two (2) or more wheels or other parts which

renders the vehicle totally inoperable.

B. A vehicle that has remained illegally on public property for

more than twenty-four (24) hours.

C. A vehicle that has been unlawfully parked or placed on

private property without the consent of the owner or person in

control of the property for more than twenty-four (24) hours.

D. A vehicle that has been legally impounded by order of a

police authority and has not been reclaimed for a period of ten

(10) days. However, a police authority may declare the vehicle

abandoned within the ten-day period by commencing the

notification process.

E. Any vehicle parked on the highway determined by a police

authority to create a hazard to other vehicle traffic.

F. A vehicle that has been impounded pursuant to Section

321J.4B of the Code of Iowa by order of the court and whose

owner has not paid the impoundment fees after notification by the

person or agency responsible for carrying out the impoundment

order.

2. “Demolisher” means any city or public agency organized for the

disposal of solid waste, or any person whose business it is to convert a

vehicle to junk, processed scrap or scrap metal, or otherwise to wreck, or

dismantle vehicles.

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3. “Police authority” means the Iowa state patrol or any law

enforcement agency of a county or city.

80.02 AUTHORITY TO TAKE POSSESSION OF ABANDONED

VEHICLES. A police authority, upon the authority’s own initiative or upon

the request of any other authority having the duties of control of highways or

traffic, shall take into custody an abandoned vehicle on public property and

may take into custody any abandoned vehicle on private property. A police

authority taking into custody an abandoned vehicle which has been determined

to create a traffic hazard shall report the reasons constituting the hazard in

writing to the appropriate authority having duties of control of the highway.

The police authority may employ its own personnel, equipment and facilities or

hire a private entity, equipment and facilities for the purpose of removing,

preserving, storing, or disposing of abandoned vehicles. If a police authority

employs a private entity to dispose of abandoned vehicles, the police authority

shall provide the private entity with the names and addresses of the registered

owners, all lienholders of record, and any other known claimant to the vehicle

or the personal property found in the vehicle.

(Code of Iowa, Sec. 321.89[2])

80.03 NOTICE BY MAIL. The police authority or private entity which

takes into custody an abandoned vehicle shall notify, within twenty (20) days,

by certified mail, the last known registered owner of the vehicle, all lienholders

of record, and any other known claimant to the vehicle or to personal property

found in the vehicle, addressed to 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 describe the year, make, model and serial

number of the vehicle, describe the personal property found in the vehicle, set

forth the location of the facility where the vehicle is being held, and inform the

persons receiving the notice of their right to reclaim the vehicle and personal

property within ten (10) days after the effective date of the notice upon payment

of all towing, preservation, and storage charges resulting from placing the

vehicle in custody and upon payment of the costs of the notice. The notice

shall also state that the failure of the owner, lienholders or claimants to exercise

their right to reclaim the vehicle or personal property within the time provided

shall be deemed a waiver by the owner, lienholders and claimants of all right,

title, claim and interest in the vehicle or personal property and that failure to

reclaim the vehicle or personal property is deemed consent to the sale of the

vehicle at a public auction or disposal of the vehicle to a demolisher and to

disposal of the personal property by sale or destruction. The notice shall state

that any person claiming rightful possession of the vehicle or personal property

who disputes the planned disposition of the vehicle or property by the police

authority or private entity or of the assessment of fees and charges provided by

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this section may ask for an evidentiary hearing before the police authority to

contest those matters. If the persons receiving the notice do not ask for a

hearing or exercise their right to reclaim the vehicle or personal property within

the ten-day reclaiming period, the owner, lienholders or claimants shall no

longer have any right, title, claim, or interest in or to the vehicle or the personal

property. A court in any case in law or equity shall not recognize any right,

title, claim, or interest of the owner, lienholders or claimants after the expiration

of the ten-day reclaiming period.

(Code of Iowa, Sec. 321.89[3a])

80.04 NOTIFICATION IN NEWSPAPER. If the identity of the last

registered owner cannot be determined, or if the registration contains no address

for the owner, or if it is impossible to determine with reasonable certainty the

identity and addresses of all lienholders, notice by one publication in one

newspaper of general circulation in the area where the vehicle was abandoned

shall be sufficient to meet all requirements of notice under Section 80.03. The

published notice may contain multiple listings of abandoned vehicles and

personal property but shall be published within the same time requirements and

contain the same information as prescribed for mailed notice in Section 80.03.

(Code of Iowa, Sec. 321.89[3b])

80.05 EXTENSION OF TIME. The owner, lienholders or claimants may,

by written request delivered to the police authority or private entity prior to the

expiration of the ten-day reclaiming period, obtain an additional five (5) days

within which the motor vehicle or personal property may be reclaimed.

(Code of Iowa, Sec. 321.89[3c])

80.06 FEES FOR IMPOUNDMENT. The owner, lienholder or claimant

shall pay ten dollars ($10.00) per day within the reclaiming period plus towing

charges if stored by the City, or towing and storage fees, if stored in a public

garage, whereupon said vehicle shall be released. The amount of towing

charges, and the rate of storage charges by privately owned garages, shall be

established by such facility.

(Code of Iowa, Sec. 321.89[3a])

80.07 DISPOSAL OF ABANDONED VEHICLES. If an abandoned

vehicle has not been reclaimed as provided herein, the police authority or

private entity shall make a determination as to whether or not the motor vehicle

should be sold for use upon the highways, and shall dispose of the motor

vehicle in accordance with State law.

(Code of Iowa, Sec. 321.89[4])

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80.08 DISPOSAL OF TOTALLY INOPERABLE VEHICLES. The City

or any person upon whose property or in whose possession is found any

abandoned motor vehicle, or any person being the owner of a motor vehicle

whose title certificate is faulty, lost or destroyed, may dispose of such motor

vehicle to a demolisher for junk, without a title and without notification

procedures, if such motor vehicle lacks an engine or two (2) or more wheels or

other structural part which renders the vehicle totally inoperable. The police

authority shall give the applicant a certificate of authority. The applicant shall

then apply to the County Treasurer for a junking certificate and shall surrender

the certificate of authority in lieu of the certificate of title.

(Code of Iowa, Sec. 321.90[2e])

80.09 PROCEEDS FROM SALES. Proceeds from the sale of any

abandoned vehicle shall be applied to the expense of auction, cost of towing,

preserving, storing and notification required, in accordance with State law. Any

balance shall be held for the owner of the motor vehicle or entitled lienholder

for ninety (90) days, and then shall be deposited in the State Road Use Tax

Fund. Where the sale of any vehicle fails to realize the amount necessary to

meet costs the police authority shall apply for reimbursement from the

Department of Transportation.

(Code of Iowa, Sec. 321.89[4])

80.10 DUTIES OF DEMOLISHER. Any demolisher who purchases or

otherwise acquires an abandoned motor vehicle for junk shall junk, scrap,

wreck, dismantle or otherwise demolish such motor vehicle. A demolisher

shall not junk, scrap, wreck, dismantle or demolish a vehicle until the

demolisher has obtained the junking certificate issued for the vehicle.

(Code of Iowa, Sec. 321.90[3a])

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CHAPTER 85

NONREFUNDABLE UTILITY CONNECTION FEE

85.01 NONREFUNDABLE UTILITY CONNECTION FEE. There shall

be required from every customer of the City of Bloomfield water, gas or electric

utilities a one hundred dollar ($100.00) nonrefundable connection fee. Said one

hundred dollar ($100.00) connection fee shall be collected before any

connections to the City of Bloomfield water, gas or electric utilities, provided,

that such one hundred dollar ($100.00) connection fee shall be applicable to the

connection of one or more of the City’s water, gas or electric utilities and such

nonrefundable connection fee shall be in lieu of any deposits for water, gas or

electric service.

(Ord. 602 – May 06 Supp.)

CHAPTER 85

NONREFUNDABLE UTILITY CONNECTION FEE

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CHAPTER 90

WATER SERVICE SYSTEM

90.01 Definitions 90.11 Installation of Water Service Pipe

90.02 Superintendent’s Duties 90.12 Responsibility for Water Service Pipe

90.03 Mandatory Connections 90.13 Failure to Maintain

90.04 Abandoned Connections 90.14 Curb Valve

90.05 Permit 90.15 Interior Valve

90.06 Tapping Charge 90.16 Inspection and Approval

90.07 Compliance with Plumbing Code 90.17 Completion by the City

90.08 Plumber Required 90.18 Shutting off Water Supply

90.09 Excavations 90.19 Operation of Water Valve and Hydrants

90.10 Tapping Mains 90.20 Emergency Water Conservation

90.01 DEFINITIONS. The following terms are defined for use in the

chapters in this Code of Ordinances pertaining to the Water Service System:

1. “Combined service account” means a customer service account

for the provision of two or more utility services.

2. “Customer” means, in addition to any person receiving water

service from the City, the owner of the property served, and as between

such parties the duties, responsibilities, liabilities and obligations

hereinafter imposed shall be joint and several.

3. “Superintendent” means the Public Works Director of the City or

any duly authorized assistant, agent or representative.

4. “Water main” means a water supply pipe provided for public or

community use.

5. “Water service pipe” means the pipe from the water main to the

building served.

6. “Water system” or “water works” means all public facilities for

securing, collecting, storing, pumping, treating and distributing water.

90.02 SUPERINTENDENT’S DUTIES. The Superintendent shall supervise

the installation of water service pipes and their connection to the water main

and enforce all regulations pertaining to water services in the City in

accordance with this chapter. This chapter shall apply to all replacements of

existing water service pipes as well as to new ones. The Superintendent shall

make such rules, not in conflict with the provisions of this chapter, as may be

needed for the detailed operation of the water system, subject to the approval of

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the Council. In the event of an emergency the Superintendent may make

temporary rules for the protection of the system until due consideration by the

Council may be had.

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

90.03 MANDATORY CONNECTIONS. All residences and business

establishments within the City limits intended or used for human habitation,

occupancy or use shall be connected to the public water system, if it is

reasonably available and if the building is not furnished with pure and

wholesome water from some other source.

90.04 ABANDONED CONNECTIONS. When an existing water service is

abandoned or a service is renewed with a new tap in the main, all abandoned

connections with the mains shall be turned off at the corporation stop and made

absolutely watertight.

90.05 PERMIT. Before any person makes a connection with the public

water system, a written permit must be obtained from the City. The application

for the permit shall include a legal description of the property, the name of the

property owner, the name and address of the person who will do the work, and

the general uses of the water. If the proposed work meets all the requirements

of this chapter and if all fees required under this chapter have been paid, the

permit shall be issued. Work under any permit must be completed within sixty

(60) days after the permit is issued, except that when such time period is

inequitable or unfair due to conditions beyond the control of the person making

the application, an extension of time within which to complete the work may be

granted. The permit may be revoked at any time for any violation of these

chapters.

90.06 TAPPING CHARGE. The person who makes the permit application

shall pay to the City a tapping charge of one hundred fifty dollars ($150.00),

plus the costs of materials.

(Code of Iowa, Sec. 384.84)

90.07 COMPLIANCE WITH PLUMBING CODE. The installation of any

water service pipe and any connection with the water system shall comply with

all pertinent and applicable provisions, whether regulatory, procedural or

enforcement provisions, of Division 4, Plumbing Rules and Regulations, of the

State Building Code.

90.08 PLUMBER REQUIRED. All installations of water service pipes and

connections to the water system shall be made by a plumber approved by the

City. The Superintendent shall have the power to suspend the approval of any

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plumber for violation of any of the provisions of this chapter. A suspension,

unless revoked, shall continue until the next regular meeting of the City

Council. The Superintendent shall notify the plumber immediately by personal

written notice of the suspension, the reasons for the suspension and the time and

place of the Council meeting at which the plumber will be granted a hearing.

At this Council meeting the Superintendent shall make a written report to the

Council stating the reasons for the suspension, and the Council, after fair

hearing, shall affirm or revoke the suspension or take any further action that is

necessary and proper. The plumber shall provide a surety bond in the sum of

one thousand dollars ($1,000.00) secured by a responsible surety bonding

company authorized to operate within the State, conditioned to indemnify and

save the City harmless against all losses or damages that may arise from or be

occasioned by the making of connections to the water system or excavations

therefor or by carelessness, negligence or unskillfulness in making the same.

Such bond shall remain in force and must be executed for a period of one year

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. In lieu

of a surety bond, a cash deposit of one thousand dollars ($1,000.00) may be

filed with the City.

90.09 EXCAVATIONS. All trench work, excavation and backfilling

required in making a connection shall be performed in accordance with

applicable excavation provisions as provided for installation of building sewers

and/or the provisions of Chapter 135.

90.10 TAPPING MAINS. All taps into water mains shall be made by or

under the direct supervision of the Superintendent and in accord with the

following:

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

1. Independent Services. No more than one house, building or

premises shall be supplied from one tap unless special written

permission is obtained from the Superintendent and unless provision is

made so that each house, building or premises may be shut off

independently of the other.

2. Size and Location of Taps. The standard size of a tap shall be

three-fourths (3/4) inch except when determined by the Superintendent

that a larger tap is required. The location of the tap shall be determined

by the Superintendent.

3. Corporation Stop. A brass corporation stop, of the pattern and

weight approved by the Superintendent, shall be inserted in every tap in

the main. The corporation stop in the main shall be of the same size as

the service pipe.

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4. Location Record. An accurate and dimensional sketch showing

the exact location of the tap shall be filed with the Superintendent in

such form as the Superintendent shall require.

90.11 INSTALLATION OF WATER SERVICE PIPE. Water service

pipes from the main to the meter setting shall be Type K copper. The use of

any other pipe material for the service line shall first be approved by the

Superintendent. Pipe must be laid sufficiently waving, and to such depth, as to

prevent rupture from settlement or freezing. A tracer wire shall be installed

running parallel with the pipe on all new and replacement water service lines.

The type of wire to be used, the depth that it is to be placed and other

installation details shall be as approved by the Superintendent.

90.12 RESPONSIBILITY FOR WATER SERVICE PIPE. All costs and

expenses incident to the installation, connection and maintenance of the water

service pipe from the main to the building served shall be borne by the owner.

The owner shall indemnify the City from any loss or damage that may directly

or indirectly be occasioned by the installation or maintenance of said water

service pipe.

90.13 FAILURE TO MAINTAIN. When any portion of the water service

pipe, including the curb box, which is the responsibility of the property owner

becomes defective or creates a nuisance and the owner fails to correct such

nuisance the City may do so and assess the costs thereof to the property.

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

90.14 CURB VALVE. There shall be installed within the public right-of-

way a main shut-off valve on the water service pipe of a pattern approved by

the Superintendent. The shut-off valve shall be constructed to be visible and

even with the pavement or ground.

90.15 INTERIOR VALVE. There shall be installed a shut-off valve on

every service pipe inside the building as close to the entrance of the pipe within

the building as possible and so located that the water can be shut off

conveniently. Where one service pipe supplies more than one customer within

the building, there shall be separate valves for each such customer so that

service may be shut off for one without interfering with service to the others.

90.16 INSPECTION AND APPROVAL. All water service pipes and their

connections to the water system must be inspected and approved by the

Superintendent before they are covered, and the Superintendent shall keep a

record of such approvals. If the Superintendent refuses to approve the work,

the plumber or property owner must proceed immediately to correct the work.

Every person who uses or intends to use the municipal water system shall

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permit the Superintendent to enter the premises to inspect or make necessary

alterations or repairs at all reasonable hours and on proof of authority.

90.17 COMPLETION BY THE CITY. Should any excavation be left open

or only partly refilled for twenty-four (24) hours after the water service pipe is

installed and connected with the water system, or should the work be

improperly done, the City shall have the right to finish or correct the work, and

the Council shall assess the costs to the property owner or the plumber. If the

plumber is assessed, the plumber must pay the costs before receiving another

permit, and the plumber’s bond or cash deposit shall be security for the

assessment. If the property owner is assessed, such assessment may be

collected with and in the same manner as general property taxes.

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

90.18 SHUTTING OFF WATER SUPPLY. The Superintendent may shut

off the supply of water to any customer because of any violation of the

regulations contained in these Water Service System chapters that is not being

contested in good faith. The supply shall not be turned on again until all

violations have been corrected and the Superintendent has ordered the water to

be turned on.

90.19 OPERATION OF WATER VALVE AND HYDRANTS. It is

unlawful for any person except the Superintendent to turn the water valve, and

no person, unless specifically authorized by the City, shall open or attempt to

draw water from any fire hydrant for any purpose whatsoever.

90.20 EMERGENCY WATER CONSERVATION. Upon resolution duly

adopted by the Council, the City may invoke emergency water conservation

practices upon a determination by the Council that an emergency water supply

shortage exists, restricting the use of water supplied by the City to users

purchasing water from the City.

1. Use of water sold by the City to its users for the following

purposes is prohibited:

A. Watering lawns, trees, shrubs, gardens, flowers and other

vegetation, provided however, that such prohibition does not

include use of water by commercial enterprises in the ordinary

course of maintaining such vegetation held for resale;

B. Water used for swimming pools, saunas, Jacuzzi and other

similar structures or devices used for personal or recreational

purposes;

C. Washing vehicles, provided however, that such prohibition

does not include the operation or use of commercial car washing

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facilities, nor does such prohibition include washing of vehicles

held for resale by commercial enterprises;

D. Bulk tank water sales from City premises.

2. Prohibited water uses shall be implemented by a resolution duly

adopted by the Council upon a determination that an emergency water

supply shortage exists. A resolution determining that an emergency

water supply shortage exists and prohibiting certain uses of water sold

by the City shall become effective upon passage and publication of such

resolution as provided by law and shall continue until such time as a

resolution is duly adopted by the Council determining that an emergency

water supply shortage no longer exists.

CODE OF ORDINANCES, BLOOMFIELD, IOWA

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CHAPTER 91

WATER METERS

91.01 Purpose 91.06 Meter Costs

91.02 Water Use Metered 91.07 Meter Repairs

91.03 Fire Sprinkler Systems- Exception 91.08 Right of Entry

91.04 Location of Meters 91.09 Tampering Prohibited

91.05 Meter Setting

91.01 PURPOSE. The purpose of this chapter is to encourage the

conservation of water and facilitate the equitable distribution of charges for

water service among customers.

91.02 WATER USE METERED. All water furnished customers shall be

measured through meters furnished by the City and installed by the City.

91.03 FIRE SPRINKLER SYSTEMS - EXCEPTION. Fire sprinkler

systems may be connected to water mains by direct connection without meters

under the direct supervision of the Superintendent. No open connection can be

incorporated in the system, and there shall be no valves except a main control

valve at the entrance to the building which must be sealed open.

91.04 LOCATION OF METERS. All meters shall be so located that they

are easily accessible to meter readers and repairmen and protected from

freezing.

91.05 METER SETTING. The property owner shall provide all necessary

piping and fittings for proper setting of the meter including a valve on the

discharge side of the meter. Meter pits may be used only upon approval of the

Superintendent and shall be of a design and construction approved by the

Superintendent.

91.06 METER COSTS. The full cost of any meter larger than that required

for a single-family residence (5/8" meter) shall be paid to the City by the

property owner or customer prior to the installation of any such meter by the

City, or, at the sole option of the City, the property owner or customer may be

required to purchase and install such meter in accordance with requirements

established by the City.

91.07 METER REPAIRS. Whenever a water meter owned by the City is

found to be out of order, the Superintendent shall have it repaired. If it is found

that damage to the meter has occurred due to the carelessness or negligence of

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the customer or property owner, or the meter is not owned by the City, then the

property owner shall be liable for the cost of repairs.

91.08 RIGHT OF ENTRY. The Superintendent shall be permitted to enter

the premises of any customer at any reasonable time to read, remove, or change

a meter.

91.09 TAMPERING PROHIBITED. If any person tampers with any meter

and so injures the same that it does not accurately measure the amount of water

flowing through it, or if any person diverts the flow of water so that it does not

pass through the meter, such person is guilty of a misdemeanor.

[The next page is 441]

CODE OF ORDINANCES, BLOOMFIELD, IOWA

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CHAPTER 92

WATER RATES

92.01 Service Charges 92.07 Lien Notice

92.02 Rates For Service 92.08 Customer Connection Fee

92.03 Billing for Water Service 92.09 Temporary Vacancy

92.04 Service Discontinued 92.10 Disconnection and Reconnection Fees

92.05 Lien for Nonpayment 92.11 Posting Surcharge

92.06 Lien Exemption 92.12 No Deduction for Leakage

92.01 SERVICE CHARGES. Each customer shall pay for water service

provided by the City based upon use of water as determined by meters provided

for in Chapter 91. Each location, building, premises or connection shall be

considered a separate and distinct customer whether owned or controlled by the

same person or not.

(Code of Iowa, Sec. 384.84)

92.02 RATES FOR SERVICE. Rates for water service for all customers of

the City of Bloomfield are as follows:

(Code of Iowa, Sec. 384.84)

Gallo

ns Used Per Month

Rat

rst 1

gallons

(minimu

m bill)

All

er 1

gallons

9.87

per 1,000 gallons

On or before the 1

day of February of each year, the City Clerk shall compute

an adjustment to the water rates based on the multiplication of the current rate

by a factor equal to the increase in the Consumer Price Index (C.P.I.) as

established by the Federal government for the preceding twelve (12) month

period of January 01 through December 31. This adjustment shall be submitted

to the City Council at the first Council meeting in February. At the Council’s

discretion, this adjustment may be applied to the minimum bill on the 1

day of

the following month.

(Ord. 679 – Oct. 16 Supp.)

92.03 BILLING FOR WATER SERVICE. Water service shall be billed as

part of a combined service account, payable in accordance with the following:

(Code of Iowa, Sec. 384.84)

1. Bills Issued. The Clerk shall prepare and issue bills for combined

service accounts on the twentieth (20

) day of each month.

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2. Bills Payable. Bills for combined service accounts shall be due

and payable at the office of the Clerk by the tenth (10

) day of each

month.

3. Late Payment Penalty. Bills not paid when due shall be

considered delinquent. A late payment penalty of 1½ percent per month

of the amount due shall be added to each delinquent bill.

92.04 SERVICE DISCONTINUED. Water service to delinquent customers

shall be discontinued in accordance with the following:

(Code of Iowa, Sec. 384.84)

1. Notice. The Clerk shall notify each delinquent customer that

service will be discontinued if payment of the combined service account,

including late payment charges, is not received by the date specified in

the notice of delinquency. Such notice shall be sent by ordinary mail

and shall inform the customer of the nature of the delinquency and afford

the customer the opportunity for a hearing prior to the discontinuance.

92.05 LIEN FOR NONPAYMENT. The owner of the premises served and

any lessee or tenant thereof shall be jointly and severally liable for water

service charges to the premises. Water service charges remaining unpaid and

delinquent shall constitute a lien upon the premises served and shall be certified

by the Clerk to the County Treasurer for collection in the same manner as

property taxes.

(Code of Iowa, Sec. 384.84)

92.06 LIEN EXEMPTION. The lien for nonpayment shall not apply to a

residential rental property where water service is separately metered and the

rates or charges for the water service are paid directly to the City by the tenant,

if the landlord gives written notice to the City that the property is residential

rental property and that the tenant is liable for the rates or charges. The City

may require a deposit not exceeding the usual cost of ninety (90) days of water

service be paid to the City. The landlord’s written notice shall contain the name

of the tenant responsible for charges, the address of the rental property and the

date of occupancy. A change in tenant shall require a new written notice to be

given to the City within ten (10) business days of the change in tenant. When

the tenant moves from the rental property, the City shall refund the deposit if

the water service charges are paid in full. A change in the ownership of the

residential rental property shall require written notice of such change to be

given to the City within ten (10) business days of the completion of the change

of ownership. The lien exemption does not apply to delinquent charges for

repairs to a water service.

(Code of Iowa, Sec. 384.84)

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92.07 LIEN NOTICE. A lien for delinquent water service charges shall not

be certified to the County Treasurer unless prior written notice of intent to

certify a lien is given to the customer. If the customer is a tenant and if the

owner or landlord of the property has made a written request for notice, the

notice shall also be given to the owner or landlord. The notice shall be sent to

the appropriate persons by ordinary mail not less than thirty (30) days prior to

certification of the lien to the County Treasurer.

(Code of Iowa, Sec. 384.84)

92.08 CUSTOMER CONNECTION FEE. In accordance with Chapter 85,

there shall be a $100 nonrefundable connection fee. This fee shall be applicable

to the connection of one or more of the City’s utilities.

92.09 TEMPORARY VACANCY. A property owner may request water

service be temporarily discontinued and shut off at the curb valve when the

property is expected to be vacant for an extended period of time. During a

period when service is temporarily discontinued as provided herein there shall

be no minimum service charge. The City will not drain pipes or pull meters for

temporary vacancies.

92.10 DISCONNECTION AND RECONNECTION FEES. There shall be

a service charge for each call in making either a disconnection or reconnection

of water service whether for nonpayment for service, at the request of the

customer, or otherwise. The charge is fifteen dollars ($15.00) per call during

regular working hours (7:00 a.m. to 4:00 p.m. on weekdays). No disconnection

or reconnection service shall be made other than during regular working hours

except for medical necessities, in which case the charge is ninety dollars

($90.00) per call. The service charges shall be due and payable at the time said

services are rendered and all charges must be paid before service is restored.

92.11 POSTING SURCHARGE. In addition to any other fees, service fees

or surcharges provided for herein, a surcharge of fifty dollars ($50.00) shall be

charged to any customer whose account for utility services is delinquent and the

City posts the notice of such delinquency at the customer’s last known address.

The notice shall conspicuously state the amount of this surcharge.

(Ord. 655 – Mar. 12 Supp.)

92.12 NO DEDUCTION FOR LEAKAGE. No deduction will be made

because of leakage after the water has passed through a meter. If leakage

occurs in a service pipe, including frozen pipes, the City may shut off the

supply at the curb valve until the service is repaired.

(Ch. 92 - Ord. 619 – July 06 Supp.)

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CHAPTER 95

SANITARY SEWER SYSTEM

95.01 Purpose 95.06 Service Outside the City

95.02 Definitions 95.07 Right of Entry

95.03 Superintendent 95.08 Use of Easements

95.04 Prohibited Acts 95.09 Special Penalties

95.05 Sewer Connection Required

95.01 PURPOSE. The purpose of the chapters of this Code of Ordinances

pertaining to Sanitary Sewers is to establish rules and regulations governing the

treatment and disposal of sanitary sewage within the City in order to protect the

public health, safety and welfare.

95.02 DEFINITIONS. For use in these chapters, unless the context

specifically indicates otherwise, the following terms are defined:

1. “B.O.D.” (denoting Biochemical Oxygen Demand) means the

quantity of oxygen utilized in the biochemical oxidation of organic

matter under standard laboratory procedure in five (5) days at twenty

(20) degrees C., expressed in milligrams per liter or parts per million.

2. “Building drain” means that part of the lowest horizontal piping

of a building drainage system which receives the discharge from soil,

waste, and other drainage pipes inside the walls of the building and

conveys it to the building sewer, beginning five (5) feet (1.5 meters)

outside the inner face of the building wall.

3. “Building sewer” means that part of the horizontal piping from

the building wall to its connection with the main sewer or the primary

treatment portion of an on-site wastewater treatment and disposal system

conveying the drainage of one building site.

4. “Combined sewer” means a sewer receiving both surface run-off

and sewage.

5. “Customer” means any person responsible for the production of

domestic, commercial or industrial waste which is directly or indirectly

discharged into the public sewer system.

6. “Garbage” means solid wastes from the domestic and commercial

preparation, cooking, and dispensing of food, and from the handling,

storage and sale of produce.

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7. “Industrial wastes” means the liquid wastes from industrial

manufacturing processes, trade, or business as distinct from sanitary

sewage.

8. “Inspector” means the person duly authorized by the Council to

inspect and approve the installation of building sewers and their

connections to the public sewer system; and to inspect such sewage as

may be discharged therefrom.

9. “Natural outlet” means any outlet into a watercourse, pond, ditch,

lake, or other body of surface or groundwater.

10. “On-site wastewater treatment and disposal system” means all

equipment and devices necessary for proper conduction, collection,

storage, treatment, and disposal of wastewater from four or fewer

dwelling units or other facilities serving the equivalent of fifteen persons

(1500 gpd) or less.

11. “pH” means the logarithm of the reciprocal of the weight of

hydrogen ions in grams per liter of solution.

12. “Public sewer” means a sewer in which all owners of abutting

properties have equal rights, and is controlled by public authority.

13. “Sanitary sewage” means sewage discharging from the sanitary

conveniences of dwellings (including apartment houses and hotels),

office buildings, factories or institutions, and free from storm, surface

water, and industrial waste.

14. “Sanitary sewer” means a sewer which carries sewage and to

which storm, surface, and groundwaters are not intentionally admitted.

15. “Sewage” means a combination of the water-carried wastes from

residences, business buildings, institutions, and industrial establishments,

together with such ground, surface, and storm waters as may be present.

16. “Sewage treatment plant” means any arrangement of devices and

structures used for treating sewage.

17. “Sewage works” or “sewage system” means all facilities for

collecting, pumping, treating, and disposing of sewage.

18. “Sewer” means a pipe or conduit for carrying sewage.

19. “Sewer service charges” means any and all charges, rates or fees

levied against and payable by customers, as consideration for the

servicing of said customers by said sewer system.

20. “Slug” means any discharge of water, sewage, or industrial waste

which in concentration of any given constituent or in quantity of flow

exceeds for any period of duration longer than fifteen (15) minutes more

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than five (5) times the average twenty-four (24) hour concentration or

flows during normal operation.

21. “Storm drain” or “storm sewer” means a sewer which carries

storm and surface waters and drainage but excludes sewage and

industrial wastes, other than unpolluted cooling water.

22. “Superintendent” means the Public Works Director of the City or

any authorized deputy, agent, or representative.

23. “Suspended solids” means solids that either float on the surface

of, or are in suspension in water, sewage, or other liquids, and which are

removable by laboratory filtering.

24. “Watercourse” means a channel in which a flow of water occurs,

either continuously or intermittently.

95.03 SUPERINTENDENT. The Superintendent shall exercise the

following powers and duties:

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

1. Operation and Maintenance. Operate and maintain the City

sewage system.

2. Inspection and Tests. Conduct necessary inspections and tests to

assure compliance with the provisions of these Sanitary Sewer chapters.

3. Records. Maintain a complete and accurate record of all sewers,

sewage connections and manholes constructed showing the location and

grades thereof.

95.04 PROHIBITED ACTS. No person shall do, or allow, any of the

following:

1. Damage Sewer System. Maliciously, willfully, or negligently

break, damage, destroy, uncover, deface or tamper with any structure,

appurtenance or equipment which is a part of the sewer system.

(Code of Iowa, Sec. 716.1)

2. Surface Run-off or Groundwater. Connect a roof downspout,

sump pump, exterior foundation drain, areaway drain, or other source of

surface run-off or groundwater to a building sewer or building drain

which in turn is connected directly or indirectly to a public sanitary

sewer.

3. Manholes. Open or enter any manhole of the sewer system,

except by authority of the Superintendent.

4. Objectionable Wastes. Place or deposit in any unsanitary manner

on public or private property within the City, or in any area under the

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jurisdiction of the City, any human or animal excrement, garbage, or

other objectionable waste.

5. Septic Tanks. Construct or maintain any privy, privy vault, septic

tank, cesspool, or other facility intended or used for the disposal of

sewage except as provided in these chapters.

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

6. Untreated Discharge. Discharge to any natural outlet within the

City, or in any area under its jurisdiction, any sanitary sewage, industrial

wastes, or other polluted waters, except where suitable treatment has

been provided in accordance with subsequent provisions of these

chapters.

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

95.05 SEWER CONNECTION REQUIRED. The owners of any houses,

buildings, or properties used for human occupancy, employment, recreation or

other purposes, situated within the City and abutting on any street, alley or

right-of-way in which there is now located, or may in the future be located, a

public sanitary or combined sewer, are hereby required to install, at such

owner’s expense, suitable toilet facilities therein and a building sewer

connecting such facilities directly with the proper public sewer, and to maintain

the same all in accordance with the provisions of these Sanitary Sewer chapters,

such compliance to be completed within sixty (60) days after date of official

notice from the City to do so provided that said public sewer is located within

two hundred (200) feet (61 meters) of the property line of such owner and is of

such design as to receive and convey by gravity such sewage as may be

conveyed to it. Billing for sanitary sewer service will begin the date of official

notice to connect to the public sewer.

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

(IAC, 567-69.1[3])

95.06 SERVICE OUTSIDE THE CITY. The owners of property outside

the corporate limits of the City so situated that it may be served by the City

sewer system may apply to the Council for permission to connect to the public

sewer upon the terms and conditions stipulated by resolution of the Council.

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

95.07 RIGHT OF ENTRY. The Superintendent and other duly authorized

employees of the City bearing proper credentials and identification shall be

permitted to enter all properties for the purposes of inspection, observation,

measurement, sampling, and testing in accordance with the provisions of these

Sanitary Sewer chapters. The Superintendent or representatives shall have no

authority to inquire into any processes including metallurgical, chemical, oil,

refining, ceramic, paper, or other industries beyond that point having a direct

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bearing on the kind and source of discharge to the sewers or waterways or

facilities for waste treatment.

95.08 USE OF EASEMENTS. The Superintendent and other duly

authorized employees of the City bearing proper credentials and identification

shall be permitted to enter all private properties through which the City holds a

duly negotiated easement for the purposes of, but not limited to, inspection,

observation, measurement, sampling, repair, and maintenance of any portion of

the sewage works lying within said easement. All entry and subsequent work,

if any, on said easement, shall be done in full accordance with the terms of the

duly negotiated easement pertaining to the private property involved.

95.09 SPECIAL PENALTIES. The following special penalty provisions

shall apply to violations of these Sanitary Sewer chapters:

1. Notice of Violation. Any person found to be violating any

provision of these chapters except subsections 1, 3 and 4 of Section

95.04, shall be served by the City with written notice stating the nature

of the violation and providing a reasonable time limit for the satisfactory

correction thereof. The offender shall, within the period of time stated

in such notice, permanently cease all violations.

2. Continuing Violations. Any person who shall continue any

violation beyond the time limit provided for in subsection 1 hereof shall

be in violation of this Code of Ordinances. Each day in which any such

violation shall continue shall be deemed a separate offense.

3. Liability Imposed. Any person violating any of the provisions of

these chapters shall become liable to the City for any expense, loss, or

damage occasioned the City by reason of such violation.

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CHAPTER 96

BUILDING SEWERS AND CONNECTIONS

96.01 Permit 96.06 Interceptors Required

96.02 Connection Charge 96.07 Sewer Tap

96.03 Plumber Required 96.08 Inspection Required

96.04 Excavations 96.09 Property Owner’s Responsibility

96.05 Connection Requirements 96.10 Abatement of Violations

96.01 PERMIT. No unauthorized person shall uncover, make any

connection with or opening into, use, alter or disturb any public sewer or

appurtenance thereof without first obtaining a written permit from the City.

The application for the permit shall set forth the location and description of the

property to be connected with the sewer system and the purpose for which the

sewer is to be used, and shall be supplemented by any plans, specifications, or

other information considered pertinent. The permit shall require the owner to

complete construction and connection of the building sewer to the public sewer

within sixty (60) days after the issuance of the permit, except that when a

property owner makes sufficient showing that due to conditions beyond the

owner’s control or peculiar hardship, such time period is inequitable or unfair,

an extension of time within which to comply with the provisions herein may be

granted. Any sewer connection permit may be revoked at any time for a

violation of these chapters.

96.02 CONNECTION CHARGE. The person who makes the permit

application shall pay a connection charge in the amount of one hundred dollars

($100.00) to reimburse the City for costs borne by the City in making sewer

service available to the property served.

96.03 PLUMBER REQUIRED. All installations of building sewers and

connections to the public sewer shall be made by a plumber approved by the

City. The Superintendent shall have the power to suspend the approval of any

plumber for violation of any of the provisions of these Sanitary Sewer chapters;

a suspension, unless revoked, shall continue until the next regular meeting of

the Council. The Superintendent shall notify the plumber immediately by

personal written notice of the suspension, the reasons for the suspension, and

the time and place of the Council meeting at which the plumber will be granted

a hearing. At this Council meeting the Superintendent shall make a written

report to the Council stating the reasons for the suspension, and the Council,

after fair hearing, shall affirm or revoke the suspension or take any further

action that is necessary and proper. The plumber shall provide a surety bond in

the minimum sum of one thousand dollars ($1,000.00) secured by a responsible

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NG SEWERS AND CONNECTIONS

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surety bonding company authorized to operate within the State, conditioned to

indemnify and save the City harmless against all losses or damages that may

arise from or be occasioned by the making of connections with the public

sewers or excavations therefor or by carelessness, negligence or unskillfulness

in making the same. Such bond shall remain in force and must be executed for

a period of one year 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. In lieu of a surety bond, a cash deposit of one thousand dollars

($1,000.00) may be filed with the City.

96.04 EXCAVATIONS. All excavations required for the installation of a

building sewer shall be open trench work unless otherwise approved by the

City. Pipe laying and backfill shall be performed in accordance with A.S.T.M.

Specification C-12, except that no backfill shall be placed until the work has

been inspected. The excavations shall be made in accordance with the

provisions of Chapter 135 where applicable.

96.05 CONNECTION REQUIREMENTS. Any connection with a public

sanitary sewer must be made under the direct supervision of the Superintendent

and in accordance with the following:

1. Old Building Sewers. Old building sewers may be used in

connection with new buildings only when they are found, on

examination and test conducted by the owner and observed by the

Superintendent, to meet all requirements of this chapter.

2. Separate Building Sewers. A separate and independent building

sewer shall be provided for every occupied building; except where one

building stands at the rear of another on an interior lot and no private

sewer is available or can be constructed to the rear building through an

adjoining alley, court, yard, or driveway. In such cases the building

sewer from the front building may be extended to the rear building and

the whole considered as one building sewer.

3. Installation. The connection of the building sewer into the public

sewer shall conform to the requirements of Division 4, Plumbing Rules

and Regulations, of the State Building Code, applicable rules and

regulations of the City, or the procedures set forth in A.S.T.M.

Specification C-12. All such connections shall be made gastight and

watertight. Any deviation from the prescribed procedures and materials

must be approved by the Superintendent before installation.

4. Water Lines. When possible, building sewers should be laid at

least ten (10) feet horizontally from a water service. The horizontal

separation may be less, provided the water service line is located at one

side and at least twelve (12) inches above the top of the building sewer.

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5. Size. Building sewers shall be sized for the peak expected

sewage flow from the building with a minimum building sewer size of

four (4) inches.

6. Alignment and Grade. All building sewers shall be laid to a

straight line to meet the following:

A. Recommended grade at one-fourth (¼) inch per foot.

B. Minimum grade of one-eighth (1/8) inch per foot.

C. Minimum velocity of 2.00 feet per second with the sewer

half full.

D. Any deviation in alignment or grade shall be made only

with the written approval of the Superintendent and shall be made

only with approved fittings.

7. Depth. Whenever possible, the building sewer shall be brought to

the building at an elevation below the basement floor. The depth of

cover above the sewer shall be sufficient to afford protection from frost.

8. Sewage Lifts. In all buildings in which any building drain is too

low to permit gravity flow to the public sewer, sanitary sewage carried

by such drain shall be lifted by approved artificial means and discharged

to the building sewer.

9. Pipe Specifications. Building sewer pipe shall be free from flaws,

splits, or breaks. Materials shall be as specified in Division 4 of the

State Building Code except that the building sewer pipe, from the

property line to the public sewer, shall comply with the current edition of

one of the following:

A. Ductile iron water pipe - A.W.W.A. C-151.

B. P.V.C. - SDR26 - A.S.T.M. D-3034.

10. Bearing Walls. No building sewer shall be laid parallel to, or

within three (3) feet of any bearing wall, which might thereby be

weakened.

11. Jointing. Fittings, type of joint, and jointing material shall be

compatible with the type of pipe used, subject to the approval of the

Superintendent. Solvent-welded joints are not permitted.

12. Unstable Soil. No sewer connection shall be laid so that it is

exposed when crossing any watercourse. Where an old watercourse

must of necessity be crossed or where there is any danger of

undermining or settlement, cast iron soil pipe or vitrified clay sewer pipe

thoroughly encased in concrete shall be required for such crossings.

Such encasement shall extend at least six (6) inches on all sides of the

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pipe. The cast iron pipe or encased clay pipe shall rest on firm, solid

material at either end.

13. Preparation of Basement or Crawl Space. No connection for any

residence, business or other structure with any sanitary sewer shall be

made unless the basement floor is poured, or in the case of a building

with a slab or crawl space, unless the ground floor is installed with the

area adjacent to the foundation of such building cleared of debris and

backfilled. The backfill shall be well compacted and graded so that the

drainage is away from the foundation. Prior to the time the basement

floor is poured, or the first floor is installed in buildings without

basements, the sewer shall be plugged and the plug shall be sealed by the

Superintendent. Any accumulation of water in any excavation or

basement during construction and prior to connection to the sanitary

sewer shall be removed by means other than draining into the sanitary

sewer.

14. Tracer Wire. A tracer wire shall be installed running parallel with

the building sewer on all new and replacement lines. The type of wire to

be used, the depth that it is to be placed and other installation details

shall be as approved by the Superintendent.

96.06 INTERCEPTORS REQUIRED. Grease, oil, sludge and sand

interceptors shall be provided by gas and service stations, convenience stores,

car washes, garages, and other facilities when, in the opinion of the

Superintendent, they are necessary for the proper handling of such wastes that

contain grease in excessive amounts or any flammable waste, sand or other

harmful ingredients. Such interceptors shall not be required for private living

quarters or dwelling units. When required, such interceptors shall be installed

in accordance with the following:

1. Design and Location. All interceptors shall be of a type and

capacity as provided by the Iowa Public Health Bulletin and Division 4

of the State Building Code, to be approved by the Superintendent, and

shall be located so as to be readily and easily accessible for cleaning and

inspection.

2. Construction Standards. The interceptors shall be constructed of

impervious material capable of withstanding abrupt and extreme changes

in temperature. They shall be of substantial construction, watertight and

equipped with easily removable covers that shall be gastight and

watertight.

3. Maintenance. All such interceptors shall be maintained by the

owner at the owner’s expense and shall be kept in continuously efficient

operations at all times.

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96.07 SEWER TAP. Connection of the building sewer into the public sewer

shall be made at the “Y” branch, if such branch is available at a suitable

location. If no properly located “Y” branch is available, a saddle “Y” shall be

installed at the location specified by the Superintendent. The saddle “Y” shall

be furnished and installed by the City and the expense of the saddle “Y”

included in the tapping fee. At no time shall a building sewer be constructed so

as to enter a manhole unless special written permission is received from the

Superintendent and in accordance with the Superintendent’s direction if such

connection is approved.

96.08 INSPECTION REQUIRED. All connections with the sanitary sewer

system before being covered shall be inspected and approved, in writing, by the

Superintendent. As soon as all pipe work from the public sewer to inside the

building has been completed, and before any backfilling is done, the

Superintendent shall be notified and the Superintendent shall inspect and test

the work as to workmanship and material; no sewer pipe laid under ground

shall be covered or trenches filled until after the sewer has been so inspected

and approved. If the Superintendent refuses to approve the work, the plumber

or owner must proceed immediately to correct the work.

96.09 PROPERTY OWNER’S RESPONSIBILITY. All costs and

expenses incident to the installation, connection and maintenance of the

building sewer shall be borne by the owner. The owner shall indemnify the

City from any loss or damage that may directly or indirectly be occasioned by

the installation of the building sewer.

96.10 ABATEMENT OF VIOLATIONS. Construction or maintenance of

building sewer lines whether located upon the private property of any owner or

in the public right-of-way, which construction or maintenance is in violation of

any of the requirements of this chapter, shall be corrected, at the owner’s

expense, within thirty (30) days after date of official notice from the Council of

such violation. If not made within such time the Council shall, in addition to

the other penalties herein provided, have the right to finish and correct the work

and assess the cost thereof to the property owner. Such assessment shall be

collected with and in the same manner as general property taxes.

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

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CHAPTER 97

USE OF PUBLIC SEWERS

97.01 Storm Water 97.05 Restricted Discharges - Powers

97.02 Surface Waters Exception 97.06 Special Facilities

97.03 Prohibited Discharges 97.07 Control Manholes

97.04 Restricted Discharges 97.08 Testing of Wastes

97.01 STORM WATER. No person shall discharge or cause to be

discharged any storm water, surface water, groundwater, roof run-off, sub-

surface drainage, uncontaminated cooling water, or unpolluted industrial

process waters to any sanitary sewer. Storm water 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

Superintendent. Industrial cooling water or unpolluted process waters may be

discharged on approval of the Superintendent, to a storm sewer, combined

sewer, or natural outlet.

97.02 SURFACE WATERS EXCEPTION. Special permits for discharging

surface waters to a public sanitary sewer may be issued by the Council upon

recommendation of the Superintendent where such discharge is deemed

necessary or advisable for purposes of flushing, but any permit so issued shall

be subject to revocation at any time when deemed to the best interests of the

sewer system.

97.03 PROHIBITED DISCHARGES. No person shall discharge or cause

to be discharged any of the following described waters or wastes to any public

sewers:

1. Flammable or Explosive Material. Any gasoline, benzene,

naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

2. Toxic or Poisonous Materials. Any waters or wastes containing

toxic or poisonous solids, liquids or gases in sufficient quantity, either

singly or by interaction with other wastes, to injure or interfere with any

sewage treatment process, constitute a hazard to humans or animals,

create a public nuisance, or create any hazard in the receiving waters of

the sewage treatment plant, including but not limited to cyanides in

excess of two (2) milligrams per liter as CN in the wastes as discharged

to the public sewer.

3. Corrosive Wastes. Any waters or wastes having a pH lower than

5.5 or having any other corrosive property capable of causing damage or

hazard to structures, equipment, and personnel of the sewage works.

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4. Solid or Viscous Substances. Solid or viscous substances in

quantities or of such size capable of causing obstruction to the flow in

sewers, or other interference with the proper operation of the sewage

works such as, but not limited to, ashes, cinders, sand, mud, straw,

shavings, metal, glass, rags, feathers, tar, plastics, wood, unground

garbage, whole blood, paunch manure, hair and fleshings, entrails and

paper dishes, cups, milk containers, etc., either whole or ground by

garbage grinders.

5. Excessive B.O.D., Solids or Flow. Any waters or wastes having

(a) a five (5) day biochemical oxygen demand greater than three hundred

(300) parts per million by weight, or (b) containing more than three

hundred fifty (350) parts per million by weight of suspended solids, or

average sewage flow of the City, shall be subject to the review of the

Superintendent. Where necessary in the opinion of the Superintendent,

the owner shall provide, at the owner’s expense, such preliminary

treatment as may be necessary to (a) reduce the biochemical oxygen

demand to three hundred (300) parts per million by weight, or (b) reduce

the suspended solids to three hundred fifty (350) parts per million by

weight, or (c) control the quantities and rates of discharge of such waters

or wastes. Plans, specifications, and any other pertinent information

relating to proposed preliminary treatment facilities shall be submitted

for the approval of the Superintendent and no construction of such

facilities shall be commenced until said approvals are obtained in

writing.

97.04 RESTRICTED DISCHARGES. No person shall discharge or cause

to be discharged the following described substances, materials, waters, or

wastes if it appears likely in the opinion of the Superintendent that such wastes

can harm either the sewers, sewage treatment process, or equipment, have an

adverse effect on the receiving stream or can otherwise endanger life, limb,

public property, or constitute a nuisance. In forming an opinion as to the

acceptability of these wastes, the Superintendent will give consideration to such

factors as the quantities of subject wastes in relation to flows and velocities in

the sewers, materials of construction of the sewers, nature of the sewage

treatment process, capacity of the sewage treatment plant, degree of treatability

of wastes in the sewage treatment plant, and other pertinent factors. The

substances restricted are:

1. High Temperature. Any liquid or vapor having a temperature

higher than one hundred fifty (150) degrees F (65 degrees C).

2. Fat, Oil, Grease. Any water or waste containing fats, wax, grease,

or oils, whether emulsified or not, in excess of one hundred (100)

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milligrams per liter or six hundred (600) milligrams per liter of dispersed

or other soluble matter.

3. Viscous Substances. Water or wastes containing substances

which may solidify or become viscous at temperatures between thirty-

two (32) and one hundred fifty (150) degrees F (0 and 65 degrees C).

4. Garbage. Any garbage that has not been properly shredded, that

is, to such a degree that all particles will be carried freely under the flow

conditions normally prevailing in public sewers, with no particle greater

than one-half (½) inch in any dimension.

5. Acids. Any waters or wastes containing strong acid iron pickling

wastes, or concentrated plating solution whether neutralized or not.

6. Toxic or Objectionable Wastes. Any waters or wastes containing

iron, chromium, copper, zinc, and similar objectionable or toxic

substances; or wastes exerting an excessive chlorine requirement, to such

degree that any such material received in the composite sewage at the

sewage treatment works exceeds the limits established by the

Superintendent for such materials.

7. Odor or Taste. Any waters or wastes containing phenols or other

taste or odor producing substances, in such concentrations exceeding

limits which may be established by the Superintendent as necessary,

after treatment of the composite sewage, to meet the requirements of

state, federal, or other public agencies of jurisdiction for such discharge

to the receiving waters.

8. Radioactive Wastes. Any radioactive wastes or isotopes of such

half-life or concentration as may exceed limits established by the

Superintendent in compliance with applicable State or Federal

regulations.

9. Excess Alkalinity. Any waters or wastes having a pH in excess of

9.5.

10. Unusual Wastes. Materials which exert or cause:

A. Unusual concentrations of inert suspended solids (such as,

but not limited to, Fullers earth, lime slurries, and lime residues)

or of dissolved solids (such as, but not limited to, sodium chloride

and sodium sulfate).

B. Excessive discoloration (such as, but not limited to dye

wastes and vegetable tanning solutions).

CHAPTER

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C. Unusual B.O.D., chemical oxygen demand, or chlorine

requirements in such quantities as to constitute a significant load

on the sewage treatment works.

D. Unusual volume of flow or concentration of wastes

constituting “slugs” as defined herein.

11. Noxious or Malodorous Gases. Any noxious or malodorous gas

or other substance which either singly or by interaction with other wastes

is capable of creating a public nuisance or hazard to life or of preventing

entry into sewers for their maintenance and repair.

12. Damaging Substances. Any waters, wastes, materials or

substances which react with water or wastes in the sewer system to

release noxious gases, develop color of undesirable intensity, form

suspended solids in objectionable concentration or create any other

condition deleterious to structures and treatment processes.

13. Untreatable Wastes. Waters or wastes containing substances

which are not amenable to treatment or reduction by the sewage

treatment processes employed, or are amenable to treatment only to such

degree that the sewage treatment plant effluent cannot meet the

requirements of other agencies having jurisdiction over discharge to the

receiving waters.

97.05 RESTRICTED DISCHARGES - POWERS. If any waters or wastes

are discharged, or are proposed to be discharged to the public sewers, which

waters contain the substances or possess the characteristics enumerated in

Section 97.04 and which in the judgment of the Superintendent may have a

deleterious effect upon the sewage works, processes, equipment, or receiving

waters, or which otherwise create a hazard to life or constitute a public

nuisance, the Superintendent may:

1. Rejection. Reject the wastes by requiring disconnection from the

public sewage system;

2. Pretreatment. Require pretreatment to an acceptable condition for

discharge to the public sewers;

3. Controls Imposed. Require control over the quantities and rates

of discharge; and/or

4. Special Charges. Require payment to cover the added cost of

handling and treating the wastes not covered by existing taxes or sewer

charges under the provisions of Chapter 99.

97.06 SPECIAL FACILITIES. If the Superintendent permits the

pretreatment or equalization of waste flows, the design and installation of the

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plants and equipment shall be subject to the review and approval of the

Superintendent and subject to the requirements of all applicable codes,

ordinances, and laws. Where preliminary treatment or flow-equalizing facilities

are provided for any waters or wastes, they shall be maintained continuously in

satisfactory and effective operation by the owner at the owner’s expense.

97.07 CONTROL MANHOLES. When required by the Superintendent, the

owner of any property serviced by a building sewer carrying industrial wastes

shall install a suitable control manhole together with such necessary meters and

other appurtenances in the building sewer to facilitate observation, sampling,

and measurement of the wastes. Such manhole, when required, shall be

accessibly and safely located, and shall be constructed in accordance with plans

approved by the Superintendent. The manhole shall be installed by the owner

at the owner’s expense, and shall be maintained by the owner so as to be safe

and accessible at all times.

97.08 TESTING OF WASTES. All measurements, tests, and analyses of

the characteristics of waters and wastes to which reference is made in this

chapter shall be determined in accordance with the latest edition of Standard

Methods for the Examination of Water and Wastewater, published by the

American Public Health Association, and shall be determined at the control

manhole provided, or upon suitable samples taken at said control manhole. In

the event that no special manhole has been required, the control manhole shall

be considered to be the nearest downstream manhole in the public sewer to the

point at which the building sewer is connected. Sampling shall be carried out

by customarily accepted methods to reflect the effect of constituents upon the

sewage works and to determine the existence of hazards to life, limb, and

property. (The particular analyses involved will determine whether a twenty-

four (24) hour composite of all outfalls of a premises is appropriate or whether

a grab sample or samples should be taken. Normally, but not always, B.O.D.

and suspended solids analyses are obtained from twenty-four (24) hour

composites of all outfalls whereas pH’s are determined from periodic grab

samples).

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         

CODE OF ORDINANCES, BLOOMFIELD, IOWA

- 479 -

CHAPTER 98

ON-SITE WASTEWATER SYSTEMS

98.01 When Prohibited 98.05 Discharge Restrictions

98.02 When Required 98.06 Maintenance of System

98.03 Compliance wit

h Regulations

98.07 Systems

bandoned

98.04 Permi

t Re

quire

98.0

8 Disposal of S

ept

98.01 WHEN PROHIBITED. Except as otherwise provided in this chapter,

it is unlawful to construct or maintain any on-site wastewater treatment and

disposal system or other facility intended or used for the disposal of sewage.

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

98.02 WHEN REQUIRED. When a public sanitary sewer is not available

under the provisions of Section 95.05, every building wherein persons reside,

congregate or are employed shall be provided with an approved on-site

wastewater treatment and disposal system complying with the provisions of this

chapter.

(IAC, 567-69.1[3])

98.03 COMPLIANCE WITH REGULATIONS. The type, capacity,

location and layout of a private on-site wastewater treatment and disposal

system shall comply with the specifications and requirements set forth by the

Iowa Administrative Code 567, Chapter 69, and with such additional

requirements as are prescribed by the regulations of the County Board of

Health.

(IAC, 567-69.1[3 & 4])

98.04 PERMIT REQUIRED. No person shall install or alter an on-site

wastewater treatment and disposal system without first obtaining a permit from

the County Board of Health.

98.05 DISCHARGE RESTRICTIONS. It is unlawful to discharge any

wastewater from an on-site wastewater treatment and disposal system (except

under an NPDES permit) to any ditch, stream, pond, lake, natural or artificial

waterway, drain tile or to the surface of the ground.

(IAC, 567-69.1[3])

98.06 MAINTENANCE OF SYSTEM. The owner of an on-site wastewater

treatment and disposal system shall operate and maintain the system in a

sanitary manner at all times and at no expense to the City.

98.07 SYSTEMS ABANDONED. At such time as a public sewer becomes

available to a property served by an on-site wastewater treatment and disposal

CHAPTER 98

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system, as provided in Section 95.05, a direct connection shall be made to the

public sewer in compliance with these Sanitary Sewer chapters and the on-site

wastewater treatment and disposal system shall be abandoned and filled with

suitable material.

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

98.08 DISPOSAL OF SEPTAGE. No person shall dispose of septage from

an on-site treatment system at any location except an approved disposal site.

CODE OF ORDINANCES, BLOOMFIELD, IOWA

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CHAPTER 99

SEWER SERVICE CHARGES

99.01 Sewer Service Charges Required 99.05 Payment of Bills

99.02 Rate 99.06 Lien for Nonpayment

3 Special Rates

99.

07 Special Agr

ements Per

99.04 Pri

vate Wa

ter Systems

99.01 SEWER SERVICE CHARGES REQUIRED. Every customer shall

pay to the City sewer service fees as hereinafter provided.

(Code of Iowa, Sec. 384.84)

99.02 RATE. Each customer shall pay sewer service charges for the use of

and for the service supplied by the municipal sanitary sewer system based upon

the amount of water consumed as follows:

1. Effective for the January 1, 2021 billing, the first 3,000 gallons or

lesser amount per month @ $50.00 (minimum bill).

2. Effective for the January 1, 2021 billing, all over 3,000 gallons

per month @ $11.50 per 1,000 gallons.

(Ord. 709 – Dec. 20 Supp.)

99.03 SPECIAL RATES. Where, in the judgment of the Superintendent and

the Council, special conditions exist to the extent that the application of the

sewer charges provided in Section 99.02 would be inequitable or unfair to

either the City or the customer, a special rate shall be proposed by the

Superintendent and submitted to the Council for approval by resolution.

(Code of Iowa, Sec. 384.84)

99.04 PRIVATE WATER SYSTEMS. Customers whose premises are

served by a private water system shall pay sewer charges based upon the water

used as determined by the City either by an estimate agreed to by the customer

or by metering the water system at the customer’s expense. Any negotiated, or

agreed upon sales or charges shall be subject to approval of the Council.

(Code of Iowa, Sec. 384.84)

99.05 PAYMENT OF BILLS. All sewer service charges are due and

payable under the same terms and conditions provided for payment of a

combined service account as contained in Section 92.04 of this Code of

Ordinances. Sewer service may be discontinued in accordance with the

provisions contained in Section 92.05 if the combined service account becomes

delinquent, and the provisions contained in Section 92.08 relating to lien

notices shall also apply in the event of a delinquent account.

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Late Payment Penalty. Bill not paid when due shall be considered delinquent.

A late payment penalty of 1½ percent per month of the amount due shall be

added to each delinquent bill.

99.06 LIEN FOR NONPAYMENT. The owner of the premises served and

any lessee or tenant thereof shall be jointly and severally liable for sewer

service charges to the premises. Sewer service charges remaining unpaid and

delinquent shall be certified by the Clerk to the County Treasurer for collection

in the same manner as property taxes.

(Code of Iowa, Sec. 384.84)

99.07 SPECIAL AGREEMENTS PERMITTED. No statement in these

chapters shall be construed as preventing a special agreement, arrangement or

contract between the Council, and any industrial concern whereby an industrial

waste of unusual strength or character may be accepted subject to special

conditions, rate and cost as established by the Council.

(Ch. 99 - Ord. 620 – July 06 Supp.)

[The next page is 495]

CODE OF ORDINANCES, BLOOMFIELD, IOWA

- 495 -

CHAPTER 105

SOLID WASTE CONTROL

105.01 Purpose 105.07 Littering Prohibited

105.02 Definitions 105.08 Open Dumping Prohibited

105.03 Sanitary

Disposal Required

.09

Toxic and

Hazardous W

aste

105.04

Health and

Fire Hazard

105.10 Wa

ste Storage Containers

105.05

pen Bu

rning Restr

105.11

Prohibit

ed Pra

ctices

5.06 Separation of Yard W

aste R

equired

105.01 PURPOSE. The purpose of the chapters in this Code of Ordinances

pertaining to Solid Waste Control and Collection is to provide for the sanitary

storage, collection and disposal of solid waste and, thereby, to protect the

citizens of the City from such hazards to their health, safety and welfare as may

result from the uncontrolled disposal of solid waste.

105.02 DEFINITIONS. For use in these chapters the following terms are

defined:

1. “Collector” means any person authorized to gather solid waste

from public and private places.

2. “Discard” means to place, cause to be placed, throw, deposit or

drop.

(Code of Iowa, Sec. 455B.361[2])

3. “Dwelling unit” means any room or group of rooms located

within a structure and forming a single habitable unit with facilities

which are used, or are intended to be used, for living, sleeping, cooking

and eating.

4. “Garbage” means all solid and semisolid, putrescible animal and

vegetable waste resulting from the handling, preparing, cooking, storing,

serving and consuming of food or of material intended for use as food,

and all offal, excluding useful industrial by-products, and includes all

such substances from all public and private establishments and from all

residences.

(IAC, 567-100.2)

5. “Landscape waste” means any vegetable or plant waste except

garbage. The term includes trees, tree trimmings, branches, stumps,

brush, weeds, leaves, grass, shrubbery and yard trimmings.

(IAC, 567-20.2[455B])

6. “Litter” means any garbage, rubbish, trash, refuse, waste

materials or debris.

(Code of Iowa, Sec. 455B.361[1])

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7. “Owner” means, in addition to the record titleholder, any person

residing in, renting, leasing, occupying, operating or transacting business

in any premises, and as between such parties the duties, responsibilities,

liabilities and obligations hereinafter imposed shall be joint and several.

8. “Refuse” means putrescible and non-putrescible waste, including

but not limited to garbage, rubbish, ashes, incinerator residues, street

cleanings, market and industrial solid waste and sewage treatment waste

in dry or semisolid form.

(IAC, 567-100.2)

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

multiple-family dwelling.

10. “Residential waste” means any refuse generated on the premises

as a result of residential activities. The term includes landscape waste

grown on the premises or deposited thereon by the elements, but

excludes garbage, tires, trade wastes and any locally recyclable goods or

plastics.

(IAC, 567-20.2[455B])

11. “Rubbish” means non-putrescible solid waste consisting of

combustible and non-combustible waste, such as ashes, paper,

cardboard, tin cans, yard clippings, wood, glass, bedding, crockery or

litter of any kind.

(IAC, 567-100.2)

12. “Sanitary disposal” means a method of treating solid waste so that

it does not produce a hazard to the public health or safety or create a

nuisance.

(IAC, 567-100.2)

13. “Sanitary disposal project” means all facilities and appurtenances

including all real and personal property connected with such facilities,

which are acquired, purchased, constructed, reconstructed, equipped,

improved, extended, maintained, or operated to facilitate the final

disposition of solid waste without creating a significant hazard to the

public health or safety, and which are approved by the Director of the

State Department of Natural Resources.

(Code of Iowa, Sec. 455B.301)

14. “Solid waste” means garbage, refuse, rubbish, and other similar

discarded solid or semisolid materials, including but not limited to such

materials resulting from industrial, commercial, agricultural, and

domestic activities. Solid waste may include vehicles, as defined by

subsection one of Section 321.1 of the Code of Iowa.

(Code of Iowa, Sec. 455B.301)

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105.03 SANITARY DISPOSAL REQUIRED. It is the duty of each owner

to provide for the sanitary disposal of all refuse accumulating on the owner’s

premises before it becomes a nuisance. Any such accumulation remaining on

any premises for a period of more than thirty (30) days shall be deemed a

nuisance and the City may proceed to abate such nuisances in accordance with

the provisions of Chapter 50 or by initiating proper action in district court.

(Code of Iowa, Ch. 657)

105.04 HEALTH AND FIRE HAZARD. It is unlawful for any person to

permit to accumulate on any premises, improved or vacant, or on any public

place, such quantities of solid waste that constitute a health, sanitation or fire

hazard.

105.05 OPEN BURNING RESTRICTED. No person shall allow, cause or

permit open burning of combustible materials where the products of

combustion are emitted into the open air without passing through a chimney or

stack, except that open burning is permitted in the following circumstances:

(IAC, 567-23.2[455B] and 567-100.2)

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, provided

that the burning of any structures or demolished structures shall be

conducted in accordance with 40 CFR Section 61.145.

(IAC, 567-23.2[3a])

2. Trees and Tree Trimmings. The open burning of trees and tree

trimmings at a City-operated burning site, provided such burning is

conducted in compliance with the rules established by the State

Department of Natural Resources.

(IAC, 567-23.2[3b])

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.

(IAC, 567-23.2[3c])

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 (¼) mile from any building

inhabited by other than the landowner or tenant conducting the open

burning. Rubber tires shall not be used to ignite landscape waste.

(IAC, 567-23.2[3d])

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5. Recreational Fires. Open fires for cooking, heating, recreation

and ceremonies, provided they comply with the limits for emission of

visible air contaminants established by the State Department of Natural

Resources. Rubber tires shall not be burned in a recreational fire.

6. Training Fires and Controlled Burning. Fires set for the purpose

of bona fide training of public or industrial employees in fire fighting

methods and the controlled burning of a demolished building, provided

that the training fires and controlled burning are conducted in

compliance with rules established by the State Department of Natural

Resources.

(IAC, 567-23.2[3g])

7. Pesticide Containers and Seed Corn Bags. Paper or plastic

pesticide containers and seed corn bags resulting from farming activities

occurring on the premises if burned in accordance with rules established

by the State Department of Natural Resources.

(IAC, 567-23.2[3h])

8. Agricultural Structures. The open burning of agricultural

structures if in accordance with rules and limitations established by the

State Department of Natural Resources.

(IAC, 567-23.2[3i])

9. Variance. Any person wishing to conduct open burning of

materials not permitted herein may make application for a variance to the

Director of the State Department of Natural Resources.

(IAC, 567-23.2[2])

105.06 SEPARATION OF YARD WASTE REQUIRED. All yard waste

shall be separated by the owner or occupant from all other solid waste

accumulated on the premises and shall be composted or burned on the premises

or placed in City yard waste bags and set out for collection. Only bags sold or

specifically authorized by the City and identified as such may be used. As used

in this section, “yard waste” means any debris such as grass clippings, leaves,

garden waste, brush and trees. Yard waste does not include tree stumps.

105.07 LITTERING PROHIBITED. No person shall discard any litter onto

or in any water or land, except that nothing in this section shall be construed to

affect the authorized collection and discarding of such litter in or on areas or

receptacles provided for such purpose. When litter is discarded from a motor

vehicle, the driver of the motor vehicle shall be responsible for the act in any

case where doubt exists as to which occupant of the motor vehicle actually

discarded the litter.

(Code of Iowa, Sec. 455B.363)

CHAPTER 105

SOLID

WASTE CONTROL

CODE OF ORDINANCES, BLOOMFIELD, IOWA

-499 -

105.08 OPEN DUMPING PROHIBITED. No person shall dump or deposit

or permit the dumping or depositing of any solid waste on the surface of the

ground or into a body or stream of water at any place other than a sanitary

disposal project approved by the Director of the State Department of Natural

Resources, unless a special permit to dump or deposit solid waste on land

owned or leased by such person has been obtained from the Director of the

State Department of Natural Resources. However, this section does not

prohibit the use of dirt, stone, brick or similar inorganic material for fill,

landscaping, excavation, or grading at places other than a sanitary disposal

project.

(Code of Iowa, Sec. 455B.307 and IAC, 567-100.2)

105.09 TOXIC AND HAZARDOUS WASTE. No person shall deposit in a

solid waste container or otherwise offer for collection any toxic or hazardous

waste. Such materials shall be transported and disposed of as prescribed by the

Director of the State Department of Natural Resources. As used in this section,

“toxic and hazardous waste” means waste materials, including but not limited

to, poisons, pesticides, herbicides, acids, caustics, pathological waste,

flammable or explosive materials and similar harmful waste which requires

special handling and which must be disposed of in such a manner as to conserve

the environment and protect the public health and safety.

(IAC, 567-100.2)

(IAC, 567-102.14[2] and 400-27.14[2])

105.10 WASTE STORAGE CONTAINERS. Every person owning,

managing, operating, leasing or renting any premises, dwelling unit or any

place where refuse accumulates shall provide and at all times maintain in good

order and repair portable containers for refuse in accordance with the following:

1. Container Specifications. Waste storage containers shall comply

with the following specifications:

A. Residential. Residential waste containers, whether they be

reusable, portable containers or heavy-duty disposable garbage

bags, shall be not more than thirty-three (33) gallons in capacity,

and shall be leakproof and waterproof. The total weight of any

container and contents shall not exceed sixty (60) pounds.

Disposable containers shall be kept securely fastened and shall be

of sufficient strength to maintain integrity when lifted, and

reusable containers shall be in conformity with the following:

(1) Be fitted with a fly-tight lid which shall be kept in

place except when depositing or removing the contents of

the container;

CHAPTER 105

SOLID WASTE CONTROL

CODE OF ORDINANCES, BLOOMFIELD, IOWA

-500 -

(2) Have handles, bails or other suitable lifting devices

or features;

(3) Be of a type originally manufactured for the storage

of residential waste with tapered sides for easy emptying;

(4) Be of lightweight and sturdy construction.

Galvanized metal containers, rubber or fiberglass containers and

plastic containers which do not become brittle in cold weather

may be used.

B. Commercial. Every person owning, managing, operating,

leasing or renting any commercial premises where an excessive

amount of refuse accumulates and where its storage in portable

containers as required above is impractical, shall maintain metal

bulk storage containers approved by the City.

2. Storage of Containers. Residential solid waste containers shall be

stored upon the residential premises. Commercial solid waste containers

shall be stored upon private property, unless the owner has been granted

written permission from the City to use public property for such

purposes. The storage site shall be well drained; fully accessible to

collection equipment, public health personnel and fire inspection

personnel. All owners of residential and commercial premises shall be

responsible for proper storage of all garbage and yard waste to prevent

materials from being blown or scattered around neighboring yards and

streets.

3. Location of Containers for Collection. Containers for the storage

of solid waste awaiting collection shall be placed outdoors at some easily

accessible place by the owner or occupant of the premises served.

4. Nonconforming Containers. Solid waste placed in containers

which are not in compliance with the provisions of this section will not

be collected.

CHAPTER 105

SOLID WASTE CONTROL

CODE OF ORDINANCES, BLOOMFIELD, IOWA

-501 -

105.11 PROHIBITED PRACTICES. It is unlawful for any person to:

1. Unlawful Use of Containers. Deposit refuse in any solid waste

containers not owned by such person without the written consent of the

owner of such containers.

2. Interfere with Collectors. Interfere in any manner with solid

waste collection equipment or with solid waste collectors in the lawful

performance of their duties as such, whether such equipment or

collectors be those of the City, or those of any other authorized waste

collection service.

3. Incinerators. Burn rubbish or garbage except in incinerators

designed for high temperature operation, in which solid, semisolid,

liquid or gaseous combustible refuse is ignited and burned efficiently,

and from which the solid residues contain little or no combustible

material, as acceptable to the Environmental Protection Commission.

4. Scavenging. Take or collect any solid waste which has been

placed out for collection on any premises, unless such person is an

authorized solid waste collector.

CHAPTER 105

SOLID WASTE CONTROL

CODE OF ORDINANCES, BLOOMFIELD, IOWA

-502 -

         

CODE OF ORDINANCES, BLOOMFIELD, IOWA

- 503 -

CHAPTER 106

COLLECTION OF SOLID WASTE

106.01 Collection Service 106.06 Right of Entry

106.02 Collection Vehicles 106.07 Contract Requirements

106.0

Load

ing

106.08

Collector’

s Li

ense

106

.04 Frequ

ency of Collection

106.

09 Collection Fees

106.05 B

ulk

y Rubb

ish

106.10

for Non

payment

106.01 COLLECTION SERVICE. The City shall provide by contract for

the collection of solid waste, except bulky rubbish as provided in Section

106.05, from residential premises only. The owners or operators of

commercial, industrial or institutional premises shall provide for the collection

of solid waste produced upon such premises.

106.02 COLLECTION VEHICLES. Vehicles or containers used for the

collection and transportation of garbage and similar putrescible waste or solid

waste containing such materials shall be leakproof, durable and of easily

cleanable construction. They shall be cleaned to prevent nuisances, pollution or

insect breeding and shall be maintained in good repair.

(IAC, 567-104.9[455B])

106.03 LOADING. Vehicles or containers used for the collection and

transportation of any solid waste shall be loaded and moved in such a manner

that the contents will not fall, leak, or spill therefrom, and shall be covered to

prevent blowing or loss of material. Where spillage does occur, the material

shall be picked up immediately by the collector or transporter and returned to

the vehicle or container and the area properly cleaned.

106.04 FREQUENCY OF COLLECTION. All solid waste shall be

collected from residential premises at least once each week and from

commercial, industrial and institutional premises as frequently as may be

necessary, but not less than once each week.

106.05 BULKY RUBBISH. Bulky rubbish which is too large or heavy to be

collected in the normal manner of other solid waste may be collected by the

collector upon request in accordance with procedures therefor established by

the Council.

106.06 RIGHT OF ENTRY. Solid waste collectors are hereby authorized to

enter upon private property for the purpose of collecting solid waste therefrom

as required by this chapter; however, solid waste collectors shall not enter

dwelling units or other residential buildings.

CHAPTER 106

COLLECTION OF SOLID WASTE

CODE OF ORDINANCES, BLOOMFIELD, IOWA

-504 -

106.07 CONTRACT REQUIREMENTS. No person shall engage in the

business of collecting, transporting, processing or disposing of solid waste from

residential premises for the City without first entering into a contract with the

City. This section does not prohibit an owner from transporting solid waste

accumulating upon premises owned, occupied or used by such owner, provided

such refuse is disposed of properly in an approved sanitary disposal project.

Furthermore, a contract is not required for the removal, hauling, or disposal of

earth and rock material from grading or excavation activities, provided that all

such materials are conveyed in tight vehicles, trucks or receptacles so

constructed and maintained that none of the material being transported is spilled

upon any public right-of-way.

106.08 COLLECTOR’S LICENSE. No person shall engage in the business

of collecting, transporting, processing or disposing of solid waste other than

waste produced by that person within the City without first obtaining from the

City an annual license in accordance with the following:

1. Application. Application for a solid waste collector’s license

shall be made to the Clerk and provide the following:

A. Name and Address. The full name and address of the

applicant, and if a corporation, the names and addresses of the

officers thereof.

B. Equipment. A complete and accurate listing of the number

and type of collection and transportation equipment to be used.

C. Collection Program. A complete description of the

frequency, routes and method of collection and transportation to

be used.

D. Disposal. A statement as to the precise location and

method of disposal or processing facilities to be used.

2. Insurance. No collector’s license shall be issued until and unless

the applicant therefor, in addition to all other requirements set forth, shall

file and maintain with the City evidence of satisfactory public liability

insurance covering all operations of the applicant pertaining to such

business and all equipment and vehicles to be operated in the conduct

thereof in the following minimum amounts:

Bodily Injury: – $100,000 per person.

– $300,000 per occurrence.

Property Damage: – $ 50,000.

CHAPTER 106

COLLECTION OF SOLID WASTE

CODE OF ORDINANCES, BLOOMFIELD, IOWA

-505 -

Each insurance policy required hereunder shall include as a part thereof

provisions requiring the insurance carrier to notify the City of the

expiration, cancellation or other termination of coverage not less than ten

(10) days prior to the effective date of such action.

3. License Fee. A license fee in the amount of one hundred dollars

($100.00) shall accompany the application. In the event the requested

license is not granted, the fee paid shall be refunded to the applicant.

4. License Issued. If the Council upon investigation finds the

application to be in order and determines that the applicant will collect,

transport, process or dispose of solid waste without hazard to the public

health or damage to the environment and in conformity with law and

ordinance, the requested license shall be issued to be effective for a

period of one year from the date approved.

5. License Renewal. An annual license may be renewed simply

upon payment of the required fee, provided the applicant agrees to

continue to operate in substantially the same manner as provided in the

original application and provided the applicant furnishes the Clerk with a

current listing of vehicles, equipment and facilities in use.

6. License Not Transferable. No license authorized by this chapter

may be transferred to another person.

7. Owner May Transport. Nothing herein is to be construed so as to

prevent the owner from transporting solid waste accumulating upon

premises owned, occupied or used by such owner, provided such refuse

is disposed of properly in an approved sanitary disposal project.

8. Grading or Excavation Excepted. No license or permit is required

for the removal, hauling, or disposal of earth and rock material from

grading or excavation activities; however, all such materials shall be

conveyed in tight vehicles, trucks or receptacles so constructed and

maintained that none of the material being transported spills upon any

public right-of-way.

106.09 COLLECTION FEES. The collection and disposal of solid waste as

provided by this chapter are declared to be beneficial to the property served or

eligible to be served and there shall be levied and collected fees therefor in

accordance with the following:

(Goreham vs. Des Moines, 1970, 179 NW 2nd, 449)

CHAPTER 106

COLLECTION OF SOLID WASTE

CODE OF ORDINANCES, BLOOMFIELD, IOWA

-506 -

1. Fee for Collection. The fee for solid waste collection and

disposal service, used or available, for each residential premises and for

each dwelling unit of a multiple-family dwelling shall be $14.00 per

month.

(Ord. 652 – Jul. 10 Supp.)

2. Payment of Bills. All fees are due and payable under the same

terms and conditions provided for payment of a combined service

account as contained in Section 92.04 of this Code of Ordinances. Solid

waste collection service may be discontinued in accordance with the

provisions contained in Section 92.05 if the combined service account

becomes delinquent, and the provisions contained in Section 92.08

relating to lien notices shall also apply in the event of a delinquent

account.

106.10 LIEN FOR NONPAYMENT. The owner of the premises served and

any lessee or tenant thereof are jointly and severally liable for fees for solid

waste collection and disposal. Fees remaining unpaid and delinquent shall

constitute a lien upon the premises served and shall be certified by the Clerk to

the County Treasurer for collection in the same manner as property taxes.

(Code of Iowa, Sec. 384.84)

CODE OF ORDINANCES, BLOOMFIELD, IOWA

- 507 -

CHAPTER 110

GAS UTILITY

110.01 Purpose 110.04 Service Rules and Regulations

110.02 Policy Direction 110.05 Rates

110.03 Superinte

ndent

110.06 Bill

ing for Gas Service

110.01 PURPOSE. The purpose of this chapter is to provide for the

operation of the municipally owned gas system.

110.02 POLICY DIRECTION. The Mayor and Council shall establish

appropriate rules and regulations governing the operation and maintenance of

the gas system.

110.03 SUPERINTENDENT. The Gas Superintendent is responsible for

execution of policies governing the system as established by the Council.

110.04 SERVICE RULES AND REGULATIONS. The rules and

regulations for gas service are contained in the City of Bloomfield Service Rules

of the Municipal Gas Utility, on file with the Utilities Division of the Iowa

Department of Commerce. Also, an official copy of the rules and regulations as

adopted is now on file in the office of the Clerk. The rules and regulations

contained therein shall apply to all users of the municipal gas system.

110.05 RATES. The rates for gas service for all categories (residential and

commercial) are as follows:

1. A customer fee of $10.00 per customer, which shall apply to any

billing period during which service remains connected.

2. For all gas used, twenty-seven and one-half cents (0.275¢) per

100 cubic feet, plus the actual cost to the City for the City’s purchase of

gas and the actual cost of transportation of purchased gas to the City’s

border station.

(Ord. 698 – Aug. 19 Supp.)

110.06 BILLING FOR GAS SERVICE.

1. Bills for combined service accounts shall be due and payable at

the office of the Clerk by the tenth day of each month.

2. Late Payment Penalty. Bills not paid when due shall be

considered delinquent. A late payment penalty of 1 ½ percent per month

of the amount due shall be added to each delinquent bill.

(Ch. 110 - Ord. 621 – July 06 Supp.)

CHAPTER 110

GAS UTILITY

CODE OF ORDINANCES, BLOOMFIELD, IOWA

-508 -

         

CODE OF ORDINANCES, BLOOMFIELD, IOWA

- 509 -

CHAPTER 111

ELECTRIC UTILITY

111.01 Purpose 111.05 Rates

111.02 Policy Direction 111.06 Billing for Electric Service

111.03

Supe

rintend

ent

111.07 Interconnecti

n Stan

dards

111.

Serv

ice Rules and

Regula

tions

111.01 PURPOSE. The purpose of this chapter is to provide for the operation of the

municipally owned electric system.

111.02 POLICY DIRECTION. The Mayor and Council shall establish appropriate rules

and regulations governing the operation and maintenance of the electric system.

111.03 SUPERINTENDENT. The Electric Superintendent is responsible for execution of

policies governing the system as established by the Council.

111.04 SERVICE RULES AND REGULATIONS. The rules and regulations for electric

service are contained in the City of Bloomfield Electric Tariff, on file with the Utilities Division

of the Iowa Department of Commerce. Also, an official copy of the rules and regulations as

adopted is now on file in the office of the Clerk. The rules and regulations contained therein

shall apply to all users of the municipal electric system.

111.05 RATES. The rates for electric service are as follows:

1. Residential Rate Within the City Limits:

Monthly Rate:

Facilities Charge $10.34

Energy Charge 12.08¢ per kWh

Minimum charge per month $21.00

2. Residential Rural Rate:

Monthly Rate:

Facilities Charge $17.94

Energy Charge 13.83¢ per kWh

Minimum charge per month $32.00

3. Commercial Light and Power Rate:

Monthly Rate:

Facilities Charge $17.38

Energy Charge 10.80¢ per kWh

Minimum charge per month $21.00

4. General Service Rate:

Monthly Demand Charge:

All kW per month at $10.38 per kW

Monthly Energy Charge:

All kWh per month at 5.72¢ per kWh

CHAPTER 111

ELECTRIC UT

ILITY

CODE OF ORDINANCES, BLOOMFIELD, IOWA

-510 -

5. Security Lights:

A. Monthly charge for non-metered lights - $8.00

B. Installation of new services - $50.00

C. $220.00 if we need to install a pole plus $50.00 installation charge

(Ord. 675 – Dec. 13 Supp.)

6. These rates are based upon a purchased Energy Cost Index of 7.19¢ per kWh,

and may be increased or decreased periodically by an Energy Cost Adjustment equal

to the amount by which the average cost of electric energy purchased by the Electric

Utility in the period since the last preceding adjustment is greater or less than the

current purchased Energy Cost Index.

7. The cost for Operation and Maintenance of the Electric Utility that is

imbedded in these rates at a cost of 2.15¢ per kWh may be increased on February 1

of each year in direct proportion to a positive change in the Consumer Price Index for

All Urban Consumers (CPI-U) for the Kansas City, MO-KS areas for the electricity

subcategory of the Housing Expenditure Category, (index base period 1982-84 = 100)

from January 1 to December 31 of the preceding year as published by United States

Bureau of Labor Statistics.

8. Service shall not be commenced or continued for a new customer or

customers without written application on a form to be provided by the utility signed

by every person aged 18 years or older living at the place who is not a “dependent” of

one of the others as defined by state and federal income tax provisions. In the case of

a husband and wife, both shall sign the written application.

9. The application form shall include the certification under penalty of perjury

by all persons signing the application that no one who is not a dependent of one of the

others as defined above shall reside at the place other than the persons signing the

application.

10. The application form shall state that all persons signing the service contract

agree to be “jointly and severally liable for payment for all services rendered at the

place” (the phrase “jointly and severally liable” is a legal term of art that makes each

signatory responsible for the entire debt, not just what they may deem to be their

“share” of the debt).

(Ord. 657 – Mar. 12 Supp.)

111.06 BILLING FOR ELECTRIC SERVICE.

1. Bills Payable. Bills for combined service accounts shall be due and payable

at the office of the Clerk by the tenth (10

) day of each month.

2. Late Payment Penalty. Bills not paid when due shall be considered

delinquent. A late payment penalty of 1½ percent per month of the amount due shall

be added to each delinquent bill.

(Ch. 111 - Ord. 631 – Dec. 07 Supp.)

111.07 INTERCONNECTION STANDARDS.

1. Purpose. The purpose of this document is to establish standards

for the Utility to interconnect and operate in

parallel with customer-

owned renewable electric generators.

CHAPTER 111

ELECTRIC UTILITY

CODE OF ORDINANCES, BLOOMFIELD, IOWA

-511 -

Definitions.

A. Applicable Laws and Regulations. All duly promulgated

applicable Federal, state and local laws, regulations, rules,

ordinances, codes, decrees, judgments, directives, or judicial or

administrative orders, permits and other duly authorized actions

of any Governmental Authority.

B. Avoided Costs. The incremental costs to the Utility of

electric energy or capacity or both which, but for the purchase

from the Customer’s Generating Facility, the Utility would

generate itself or purchase from another source.

C. Customer. Any entity interconnected to the Utility’s

distribution system for the purpose of receiving retail electric

power service from the Utility’s distribution system.

D. Customer Generator. The owner or operator of a

Generating Facility which:

(1) Is powered by a renewable energy resource;

(2) Is located on a premises owned, operated, leased or otherwise

controlled by the Customer Generator;

(3) Is interconnected and operates in parallel phase and

synchronization with an affected utility and is in compliance with the

standards established by the affected utility;

(4) Is intended primarily to offset part or all of the Customer

Generator’s own electrical energy requirements;

(5) Contains a mechanism, approved by the utility, that

automatically disables the unit and interrupts the flow of electricity

back onto the supplier’s electricity lines in the event that service to

the Customer Generator is interrupted.

E. Distribution System. The Utility’s facilities and equipment

used to transmit electricity to ultimate usage points such as homes

and industries directly from nearby generators or from

interchanges with higher voltage transmission networks which

transport bulk power over longer distances.

F. Force Majeure. A F o r c e m a j e u r e event shall mean

“any act of God, labor disturbance, act of the

public enemy,

war, insurrection, riot, fire, storm or flood, explosion, breakage

or accident to

machinery or equipment, any order, regulation or

restriction imposed by governmental, military

or lawfully

established civilian authorities, or any other cause beyond a

Party’s control”. A Force

Majeure event does not include an

act of negligence or intentional wrongdoing.

CHAPTER 111

ELECTRIC UTILITY

CODE OF ORDINANCES, BLOOMFIELD, IOWA

-512 -

G. Generating Facility. For purposes of this Standard, the

Customer’s device for the conversion of wind or solar energy to

electricity, as identified in the Interconnection Application.

H. Good Utility Practice. Any of the practices, methods and

acts engaged in or approved by a significant portion of the electric

industry during the relevant time period, or any of the practices,

methods and acts which, in the exercise of reasonable judgment in

light of the facts known at the time the decision was made, could

have been expected to accomplish the desired result at a

reasonable cost consistent with good business practices,

reliability, safety and expedition. Good Utility Practice is not

intended to be limited to the optimum practice, method, or act to

the exclusion of all others, but rather to be acceptable practices,

methods, or acts generally accepted in the region.

I. Governmental Authority. Any federal, state, local or other

governmental regulatory or administrative agency, court,

commission, department, board, or other governmental

subdivision, legislature, rulemaking board, tribunal, or other

govern mental authority having jurisdiction over the Parties, their

respective facilities, or the respective services they provide, and

exercising or entitled to exercise any administrative, executive,

police, or taxing authority or power; provided, however, that such

term does not include the Customer or any Affiliate thereof.

J. Interconnection Application. The Customer’s request to

interconnect a new Generating Facility, or to increase the capacity

of, or make a material modification to the operating

characteristics of, an existing Generating Facility that is

interconnected with the Utility’s electrical system.

K. Interconnection Standard. Any reference to

Interconnection Standard shall mean all the provisions, forms and

related documents described in the collective parts of this

document, the

nterconnection Standards for Parallel

nstallation

and Operation of Customer-Owned Renewable

Electric

Generating Facilities, as of the date adopted and printed on the

cover page.

L. Qualifying Facility. A cogeneration facility or a small

power production facility that is a qualifying facility under 18

CFR Part 292, Subpart B, used by an interconnection customer to

generate electricity that operates in parallel with the electric

distribution system or local electric power system. Qualifying

Facilities that are not Generating Facilities under subparagraphs

CHAPTER 111

ELECTRIC UTILITY

CODE OF ORDINANCES, BLOOMFIELD, IOWA

-513 -

“G” above may qualify for interconnection with the Utility under

provisions of the Public Utilities Regulatory Policies Act

(PURPA), but the terms and conditions of interconnection shall

be determined on a case-by-case basis.

M. Reasonable Efforts. With respect to an action required to

be attempted or taken by a Party under the Interconnection

Agreement, efforts that are timely and consistent with Good

Utility Practice and are otherwise substantially equivalent to those

a Party would use to protect its own interests.

N. System Average Energy Cost. The current average cost of

fuel and purchased energy for the billing period as determined by

the Utility.

O. System Upgrades. The additions, modifications, and

upgrades to the Utility’s Distribution System at or beyond the

point of interconnection to facilitate interconnection of the

Generating Facility and render the transmission service necessary

to effect the Interconnection Customer’s wholesale sale of

electricity in interstate commerce. Distribution Upgrades do not

include Interconnection Facilities.

3. Eligibility.

Interconnection to the electric system shall be granted

only to new or existing customers, in good

standing, under the

Utility’s electric service schedules. The Interconnection

Agreement shall be

between the Customer and the Utility and

will not include third parties.

B. The Interconnection Standards apply to a customer-owned

Generating Facility with a rated output

of 100 kilowatts (kW)

DC or fewer. Proposals to interconnect a customer-owned

generator with

output rated at more than 100 kW DC or

Qualifying Facility not covered by this standard will be

subject

to a review process that may take into account the impact of

the interconnection on

reliability, rates, power supply

agreements, and local and regional system planning.

The Net Metering Program is voluntary and is available

on a first come, first served basis until the

nameplate capacity

(kilowatts or kW) of all participating generators is equal to

the maximum

program limit. That limit is 750 kW DC.

4. Request. The Customer shall make a request by completing the

attached document entitled “Application for Interconnection”. The

CHAPTER 111

ELECTRIC UTILITY

CODE OF ORDINANCES, BLOOMFIELD, IOWA

-514 -

Utility may require additional details or clarifications as needed to

properly evaluate the application.

System Effects.

The Utility will analyze the overall impact of the

proposed generating facility on the transmission and

distribution

system. Such analyses will be based on Good Utility Practice to

determine thermal

effects, voltage ranges, power quality, system

stability, etc.

6. System Upgrades. As a result of the above analysis, the Utility

will provide the Customer with a cost estimate and

projected

timeframe for any system upgrades that may be necessary to

accommodate the generating

facility.

7. Agreement.

Once the Customer and the Utility have identified

and mutually agreed on the scope of the overall

project including the

generating facility, system upgrades and estimated costs, the Customer

and the

Utility shall execute the attached document entitled

“Interconnection Agreement”.

8. Codes and Permits.

A. The Customer shall be responsible for procuring all

building, operating and environmental permits that are required

by any Governmental Authority having jurisdiction for the type of

generating facility and for the necessary ancillary structures to be

installed.

B. The equipment shall meet the standards listed in the

attached document entitled “National Certification Codes and

Standards”.

C. The construction and facilities shall meet all applicable

building and electrical codes.

9. Certificate of Completion. Upon completion of the generating

facility and prior to normal operation, the Customer shall provide a

signed copy of the attached document entitled “Certificate of

Completion”.

10. Normal Operation: The Customer may begin normal operation of

the generating facility upon completion of all documentation and receipt

of written approval from the Utility.

11. Technical Requirements.

A. Character of Service. The electrical service shall be 60

cycle per second alternating current (AC) at supply voltages and

number of phases that apply under the Utility’s rate schedules.

CHAPTER 111

ELECTRIC UTILITY

CODE OF ORDINANCES, BLOOMFIELD, IOWA

-515 -

B. Code Requirements. The Generating Facility shall meet all

requirements established by the National Electrical Code (NEC),

National Electrical Safety Code (NESC), Institute of Electrical

and Electronics Engineers (IEEE), Underwriters Laboratories

(UL), and Occupational Safety and Health Administration.

Specific codes are listed in Section 7 of this Part 2, below as

“National Certification Codes and Standards”. In addition,

Manufacturer’s Ownership, Operating and Maintenance Manuals

shall be reviewed and accepted by both parties prior to beginning

operation.

C. Generating Facility Control and Operation. The control

system of the Generating Facility shall comply with the IEEE

specifications and

standards for parallel operation with the

Utility and in particular as follows:

(1) Power output control system shall automatically disconnect

from Utility source upon loss of

Utility voltage and not reconnect

until Utility voltage has been restored by the Utility.

(2) Power output control system shall automatically disconnect

from Utility source if Utility voltage fluctuates beyond plus or minus

10% (ten percent).

(3) Power output control system shall automatically disconnect

from Utility if frequency fluctuates

plus or minus 2 cycles (Hertz).

(4) Inverter output distortion shall meet IEEE requirements.

(5) The Generating Facility shall meet the applicable IEEE

standards concerning impacts to the

Distribution System with regard

to harmonic distortion, voltage flicker, power factor, direct

current

injection and electromagnetic interference.

D. Fault Current Contribution. The Generating Facility shall

be equipped with protective equipment designed to automatically

disconnect during fault current conditions and remain

disconnected until the voltage and frequency have stabilized.

E. Reclosing Coordination. The Generating Facility shall be

coordinated with the Distribution System reclosing devices by

disconnecting from the system during the initial de-energized

operation and shall remain disconnected until the voltage and

frequency have stabilized.

F. Disconnect Device. A safety disconnect switch shall be

installed that is visible to and readily accessible by Utility

personnel. The switch shall be capable of being locked in the

open position and shall prevent the generator from supplying

power to the distribution system.

CHAPTER 111

ELECTRIC UTILITY

CODE OF ORDINANCES, BLOOMFIELD, IOWA

-516 -

Standards for Interconnection, Safety, and Operating

Reliability.

The interconnection of a Customer-Owned

Generating Facility and associated interconnection

equipment to

the Utility’s Distribution Facilities shall meet the applicable

provisions of the

following publications:

1. ANSI/IEEE1547-2003 Standard for Interconnecting Distributed

Resources with Electric Power

Systems (including use of IEEE 1547.1

testing protocols to establish conformity). The following

standards shall

be used as guidance in applying IEEE 1574:

(i) IEEE Std 519-1992, IEEE Recommended

Practices and Requirements for Harmonic

Control in

Electrical Power Systems

(ii) IEC/TR3 61000-3-7 Assessment of emission limits

for fluctuating loads in MV and HV

power systems

2. Iowa Electric Safety Code, as defined in 199 IAC Chapter 25

3. ANSI/NFPA 70 (2008), National Electrical Code

4. OSHA (29 CFR § 1910.269)

(Ord. 683 – Oct. 16 Supp.)

CODE OF ORDINANCES, BLOOMFIELD, IOWA

- 517 -

CHAPTER 112

CABLE TELEVISION FRANCHISE

112.01 Definitions 112.20 Renewal of Franchise

112.02 Grant of Franchise 112.21 Conditions of Sale

112.03 Term 112.22 Transfer of Franchise

112.04 Favored Nations 112.23 Testing For Compliance

112.05 Conditions of Street Occupancy 112.24 Books and Records

112.06 Restoration of Public Ways 112.25 Subscriber Complaints

112.07 Relocation at Request of City 112.26 Technical Duality

112.08 Relocation at Request of Third Party 112.27 Insurance Requirements

112.09 Trimming of Trees and Shrubbery 112.28 Indemnification

112.10 Use of Grantee’s Equipment By City 112.29 Bonds and Other Surety

112.11

Safety Req

uir

nts

112.30 Not

e of Violation

112.12 Aerial

and Underground Const

ruct

ion

112

.31 Grantee’s Right To C

re or

Respond

.13

quired Extensi

ons of

Service

112.32 Public Hear

ing

112.14 S

ubscri

ber Ch

arges For

Extensions

of S

rvice

112

.33 Enfor

cem

2.15 Servi

To Public Buildings

112.34 A

cts of God

112.16 Em

erge

ncy Ove

rride

112.35 Unauthorize

Recep

tion

112.1

ubli

c, Educational

and G

overnmental Access

112.36 P

reemption

112

.18 F

ranchi

se Fee

.37 Action

s of

City

112.19 Rates and Charges

112.01 DEFINITIONS. For the purpose of this chapter, the following terms,

phrases, words, and abbreviations shall have the meanings ascribed to them

below.

1. “Affiliate” means an entity which owns or controls, is owned or

controlled by, or is under common ownership with the Grantee.

2. “Basic cable service” is the tier of service regularly provided to

all subscribers that includes the retransmission of local broadcast

television signals.

3. “Cable Act” means the Cable Communications Policy Act of

1984, as amended.

4. “Cable service” means (i) the one-way transmission to subscribers

of video programming or other programming service, and (ii) subscriber

interaction, if any, which is required for the selection of such video

programming or any other lawful communication service.

5. “Cable system” means a facility, consisting of a set of closed

transmission paths and associated signal generation, reception, and

control equipment or other communications equipment that is designed

to provide cable service and other service to subscribers.

6. “FCC” means the Federal Communications Commission or

successor governmental entity thereto.

CHAPTER 112

CABLE TELEVISION FRANCHISE

CODE OF ORDINANCES, BLOOMFIELD, IOWA

-518 -

7. “Franchise” means the initial authorization, or renewal thereof,

issued by the City, whether such authorization is designated as a

franchise, permit, license, resolution, contract, certificate or otherwise,

which authorizes construction and operation of the cable system for the

purpose of offering cable service or other service to subscribers;

provided that the term “franchise” shall be deemed to extend only to the

terms and conditions of this chapter and the limited privileges and duties

extended herein.

8. “Grantee” means Televents Group Joint Venture, or the lawful

successor, transferee, or assignee thereof.

9. “Gross revenues” means the monthly cable service revenues

received by the Grantee from subscribers of the cable system; provided,

however, such phrase does not include: (i) revenues received from

national advertising carried on the cable system; (ii) any taxes on the

cable service which are imposed directly or indirectly on any subscriber

thereof by any governmental unit or agency, and which are collected by

the Grantee on behalf of such governmental unit or agency.

10. “Person” means an individual, partnership, association, joint stock

company, trust corporation, or governmental entity.

11. “Public way” means the surface of, and the space above and

below, any public street, highway, freeway, bridge, land path, alley,

court, boulevard, sidewalk, parkway, way, lane, public way, drive, circle,

or other public right-of-way, including, but not limited to, public utility

easements, dedicated utility strips, or rights-of-way dedicated for

compatible uses and any temporary or permanent fixtures or

improvements located thereon now or hereafter held by the City in the

service area which shall entitle the City and the Grantee to the use

thereof for the purpose of installing, operating, repairing, and

maintaining the cable system. “Public way” also means any easement

now or hereafter held by the City within the service area for the purpose

of public travel, or for utility or public service use dedicated for

compatible uses, and includes other easements or rights-of-way as shall

within their proper use and meaning entitle the City and the Grantee to

the use thereof for the purpose of installing or transmitting Grantee’s

cable service or other service over poles, wires, cables, conductors,

ducts, conduits, vaults, manholes, amplifiers, appliances, attachments,

and other property as may be ordinarily necessary and pertinent to the

cable system.

12. “Service area” means the present municipal boundaries of the

City, and includes any additions thereto by annexation or other legal

means.

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13. “Service tier” means a category of cable service or other services

provided by Grantee and for which a separate charge is made by

Grantee.

14. “Subscriber” means a person or user of the cable system who

lawfully receives cable services or other service therefrom with

Grantee’s express permission.

15. “Video programming” means programming provided by, or

generally considered comparable to programming provided by, a

television broadcast station.

112.02 GRANT OF FRANCHISE. The City hereby grants to Grantee a

nonexclusive franchise which authorizes the Grantee to construct and operate a

cable system and offer cable service and other services in, along, among, upon,

across, above, over, under, or in any manner connected with public ways within

the service area and for that purpose to erect, install, construct, repair, replace,

reconstruct, maintain, or retain in, on, over, under, upon, across, or along any

public way and all extensions thereof and additions thereto, such poles, wires,

cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers,

appliances, attachments, and other related property or equipment as may be

necessary or appurtenant to the cable system.

112.03 TERM. The franchise granted pursuant to this chapter shall be for an

initial term of fifteen (15) years from the effective date of the franchise, unless

otherwise lawfully terminated in accordance with the terms of this chapter.

112.04 FAVORED NATIONS. In the event the City enters into a franchise,

permit, license, authorization or other agreement of any kind with any other

person or entity other than the Grantee to enter into the City’s streets and public

ways for the purpose of constructing or operating a cable system or providing

cable service to any part of the service area, the material provisions thereof

shall be reasonably comparable to those contained herein, in order that one

operator not be granted an unfair competitive advantage over another and to

provide all parties equal protection under the law.

112.05 CONDITIONS OF STREET OCCUPANCY. All transmission and

distribution structures, poles, other lines and equipment installed or erected by

the Grantee pursuant to the terms hereof shall be located so as to cause a

minimum of interference with the proper use of public ways and with the rights

and reasonable convenience of property owners who own property that adjoins

any of said public ways.

112.06 RESTORATION OF PUBLIC WAYS. If during the course of

Grantee’s construction, operation or maintenance of the cable system there

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occurs a disturbance of any public way by Grantee, it shall, at its expense,

replace and restore such public way to a condition reasonably comparable to the

condition of the public way existing immediately prior to such disturbance,

provided such replacement, restoration or repair shall meet such engineering

standards as reasonably required by City. In the event a dispute arises as to

whether the public way has been restored to a reasonably comparable condition,

each party shall designate an arbitrator, and these two arbitrators will jointly

designate a third arbitrator. The City shall have the authority to hire additional

work done, and the cost of the additional work done as well as the arbitrator’s

fees shall be allocated for payment between the parties in accordance with the

determination of the arbitrators.

112.07 RELOCATION AT REQUEST OF CITY. Upon its receipt of

reasonable advance notice, not to be less than five (5) business days, the

Grantee shall, at its own expense, protect, support, temporarily disconnect,

relocate in the public way or remove from the public way any property of the

Grantee when lawfully required by City by reason of traffic conditions, public

safety, street abandonment, freeway and street construction, change or

establishment of street grade, installation of sewers, drains, gas or water pipes,

or any other type of structures or improvements by the City; but the Grantee

shall in all cases retain the right of abandonment of its property that potentially

has future use. If public funds are available to any company using such street,

easement, or right-of-way for the purpose of defraying the cost of any of the

foregoing, such funds shall also be made available to the Grantee.

112.08 RELOCATION AT REQUEST OF THIRD PARTY. The Grantee,

on the request of any person holding a building moving permit issued by the

City, shall temporarily raise or lower its wires to permit the moving of such

building, provided: (a) the expense of such temporary raising or lowering of

wires is paid by said person, including, if required by the Grantee, making such

payment in advance; and (b) the Grantee is given not less than ten (10) business

days’ advance written notice to arrange for such temporary wire changes.

112.09 TRIMMING OF TREES AND SHRUBBERY. The Grantee shall

have the authority to trim trees or other natural growth overhanging any of its

cable system in the service area so as to prevent branches from coming in

contact with the Grantee’s wires, cables or other equipment. Grantee shall be

permitted to charge persons who own, or who are responsible for, such trees or

natural growth for the cost of such trimming, provided that similar charges are

assessed by and paid to the utilities or the City for tree trimming. The Grantee

shall reasonably compensate the City or property owner for any damages

caused by such trimming, or shall, in its sole discretion and at its own cost and

expense, reasonably replace all trees or shrubs damaged as a result of any

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construction of the cable system undertaken by Grantee. Such replacement

shall satisfy any and all obligations Grantee may have to the City or property

owner pursuant to the terms of this section.

112.10 USE OF GRANTEE’S EQUIPMENT BY CITY. Subject to any

applicable State or Federal regulations or tariffs, the City shall have the right to

make additional use, for any public purpose, of any poles or conduits controlled

or maintained exclusively by or for the Grantee in any public way, provided

that: (a) such use by the City does not interfere with a current or future use by

the Grantee; (b) the City holds the Grantee harmless against and from all

claims, demands, costs or liabilities of every kind and nature whatsoever arising

out of such use of said poles or conduits, including but not limited to reasonable

attorney’s fees and costs; and (c) at Grantee’s sole discretion, the City may be

required either to pay a reasonable rental fee or otherwise reasonably

compensate Grantee for the use of such poles, conduits or equipment; provided,

however, Grantee agrees that such compensation or charge shall not exceed

those paid by it to public utilities pursuant to the applicable pole attachment

agreement, or other authorization relating to the service area.

112.11 SAFETY REQUIREMENTS. Construction, installation and

maintenance of the cable system shall be performed in an orderly and

workmanlike manner. All such work shall be performed in accordance with

applicable FCC or other Federal, State and local regulations. The cable system

shall not unreasonably endanger or interfere with the safety of persons or

property in the service area.

112.12 AERIAL AND UNDERGROUND CONSTRUCTION. In those

areas of the service area where all of the transmission or distribution facilities

of the respective public utilities providing telephone communications and

electric services are underground, the Grantee likewise shall construct, operate,

and maintain all of its transmission and distribution facilities underground;

provided that such facilities are actually capable of receiving Grantee’s cable

and other equipment without technical degradation of the cable system’s signal

quality. In those areas of the service area where the transmission or distribution

facilities of the respective public utilities providing telephone communications

and electric services are both aerial and underground, Grantee shall have the

sole discretion to construct, operate and maintain all of its transmission and

distribution facilities, or any part thereof, aerially or underground. Nothing

contained in this section shall require Grantee to construct, operate and

maintain underground any ground-mounted appurtenances such as subscriber

taps, line extenders, system passive devices (splitters, directional couplers),

amplifiers, power supplies, pedestals or other related equipment.

Notwithstanding anything to the contrary contained in this section, in the event

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that all of the transmission or distribution facilities of the respective public

utilities providing telephone communications and electric services are placed

underground after the effective date of the ordinance codified in this chapter,

Grantee shall only be required to construct, operate and maintain all of its

transmission and distribution facilities underground it if is given reasonable

notice and access to the public utilities’ facilities at the time that such are placed

underground.

112.13 REQUIRED EXTENSIONS OF SERVICE. The cable system as

constructed as of the date of the passage and final adoption of the ordinance

codified in this chapter substantially complies with the material provisions

hereof. Grantee is hereby authorized to extend the cable system as necessary,

as desirable, or as required pursuant to the terms hereof within the service area.

Whenever Grantee shall receive a request for service from at least fifteen (15)

subscribers within 1,320 cable-bearing strand feet (one-quarter cable mile) of

its trunk or distribution cable, it shall extend its cable system to such

subscribers at no cost to said subscribers for system extension, other than the

usual connection fees for all subscribers, provided that such extension is

technically feasible, and if it will not adversely affect the operation, financial

condition, or market development of the cable system, or as provided for under

Section 112.14 of this chapter.

112.14 SUBSCRIBER CHARGES FOR EXTENSIONS OF SERVICE.

No subscriber shall be refused service arbitrarily. However, for unusual

circumstances, such as a subscriber’s request to locate a cable drop

underground, existence of more than one hundred fifty (150) feet of distance

from distribution cable to connection of service to subscriber, or a density of

less than fifteen (15) subscribers per 1,320 cable-bearing strand feet of trunk or

distribution cable, cable service or other service may be made available on the

basis of a capital contribution in aid of construction, including cost of material,

labor, and easements. For the purpose of determining the amount of capital

contribution in aid of construction to be borne by Grantee and subscribers in the

area in which cable service may be expanded, Grantee will contribute an

amount equal to the construction and other costs per mile, multiplied by a

fraction whose numerator equals the actual number of potential subscribers per

1,320 cable-bearing strand feet of its trunk or distribution cable, and whose

denominator equals fifteen (15) subscribers. Potential subscribers will bear the

remainder of the construction and other costs on a pro rata basis. Grantee may

require that the payment of the capital contribution in aid of construction borne

by such potential subscribers be paid in advance.

112.15 SERVICE TO PUBLIC BUILDINGS. The Grantee shall provide

without charge one outlet of basic service to the City’s office buildings, fire

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stations, police stations and public school buildings that are passed by its cable

system. The outlets of basic cable service shall not be used to distribute or sell

cable services in or throughout such buildings and shall be for the viewing and

use of employees and not the general public. Users of such outlets shall hold

Grantee harmless from any and all liability or claims arising out of their use of

such outlets, including but not limited to, those arising from copyright liability.

Notwithstanding anything to the contrary set forth in this section, the Grantee

shall not be required to provide an outlet to such buildings where the drop line

from the feeder cable to said buildings or premises exceeds one hundred fifty

(150) cable feet, unless it is technically feasible and so long as it will not

adversely affect the operation, financial condition or market development of the

cable system to do so, or unless the appropriate governmental entity agrees to

pay the incremental cost of such drop line in excess of 150 cable feet. In the

event that additional outlets of basic cable service are provided to such

buildings, the building owner shall pay the usual installation fees associated

therewith, including, but not limited to, labor and materials. Upon request of

Grantee, the building owner may also be required to pay the service fees

associated with the provision of basic cable service and the additional outlets

relating thereto.

112.16 EMERGENCY OVERRIDE. In the case of any emergency or

disaster, the Grantee shall, upon request of the City, make available its facilities

for the City to provide emergency information and instructions during the

emergency or disaster period. The City shall hold the Grantee, its agents,

employees, officers and assigns hereunder harmless from any claims arising out

of the emergency use of its facilities by the City, including, but not limited to,

reasonable attorney’s fees and costs.

112.17 PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS.

During the term of the franchise, Grantee will insure that the system has

capacity to afford the City a channel to be used for public, educational and

governmental access. During those times that the channel is not being used by

the City, the Grantee may use said channel for commercial or non-commercial

programming use as Grantee deems necessary.

112.18 FRANCHISE FEE.

1. Grantee shall pay to the City a franchise fee equal to five percent

(5%) of gross revenues (as defined in Section 112.01 of this chapter)

received by Grantee from the operation of the cable system on an annual

basis; provided, however, Grantee may credit against any such

payments: (i) any tax, fee or assessment of any kind imposed by the

City or other governmental entity on a cable operator or subscriber, or

both, solely because of status as such; (ii) any tax, fee or assessment of

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general applicability which is unduly discriminatory against cable

operators or subscribers (including any such tax, fee or assessment

imposed, both on utilities and cable operators and their services), and

(iii) any other special tax, assessment or fee such as a business,

occupation and entertainment tax. For the purpose of this section, the

12-month period applicable under the franchise for the computation of

the franchise fee shall be the calendar year, unless otherwise agreed to in

writing by the City and Grantee. The franchise fee payment shall be due

and payable ninety (90) days after the close of the preceding calendar

year. Each payment shall be accompanied by a brief report from a

representative of Grantee showing the basis for the computation. In no

event shall the franchise fee payments required to be paid by Grantee

exceed five percent (5%) of gross revenues received by Grantee in any

12-month period.

2. The period of limitation for recovery of any franchise fee payable

hereunder shall be five (5) years from the date on which payment by the

Grantee is due. Unless within five (5) years from and after said payment

due date the City initiates a lawsuit for recovery of such franchise fee in

a court of competent jurisdiction, such recovery shall be barred, and the

City shall be stopped from asserting any claims whatsoever against the

Grantee relating to any such alleged deficiencies.

112.19 RATES AND CHARGES. The City may not regulate the rates for

the provision of cable service and other services, including, but not limited to,

ancillary charges relating thereto, except as expressly provided herein or except

as authorized pursuant to Federal and State law, including, but not limited to,

the Cable Act and FCC Rules and Regulations relating thereto. From time to

time, and at any time, Grantee has the right to modify its rates and charges

including, but not limited to, the implementation of additional charges and

rates; provided, however, Grantee shall give notice to the City of any such

modifications or additional charges thirty (30) days prior to the effective date

thereof. In the event that basic cable service rate increases are subject to

approval of the City, the Grantee may, at its discretion and without consent of

the City, increase rates relating to the provision of basic cable service by an

amount which is at least equal to five percent (5%) per year. Notwithstanding

anything to the contrary contained in this section, the City reserves itself the

right to regulate or approve changes or modification of basic cable rates as

permitted by Federal or State law or rules or regulations promulgated by any

Federal or State regulatory or administrative agency, including, but not limited

to, the Cable Act and FCC rules and regulations now existing, or as hereafter

adopted.

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112.20 RENEWAL OF FRANCHISE. The City and the Grantee agree that

any proceedings undertaken by the City that relate to the renewal of the

Grantee’s franchise shall be governed by and comply with the provisions of

Section 626 of the Cable Act (as such existed as of the effective date of the

Cable Act), unless the procedures and substantive protections set forth therein

shall be deemed to be preempted and superseded by the provisions of any

subsequent provision of Federal or State law. In addition to the procedures set

forth in said Section 626(a), the City agrees to notify Grantee of its preliminary

assessments regarding the identity of future cable-related community needs and

interests, as well as the past performance of Grantee under the then current

franchise term. The City further agrees that such a preliminary assessment shall

be provided to the Grantee prior to the time that the four-month period referred

to in Subsection (c) of Section 626 is considered to begin. Notwithstanding

anything to the contrary set forth in this section, the Grantee and City agree that

at any time during the term of the then current franchise, while affording the

public appropriate notice and opportunity to comment, the City and Grantee

may agree to undertake and finalize negotiations regarding renewal of the then

current franchise and the City may grant a renewal thereof. The Grantee and

the City consider the terms set forth in this section to be consistent with the

express provisions of Section 626 of the Cable Act.

112.21 CONDITIONS OF SALE. Except to the extent expressly required

by Federal or State law, if a renewal or extension of Grantee’s franchise is

denied or the franchise is lawfully terminated, and the City either lawfully

acquires ownership of the cable system or by its actions lawfully effects a

transfer of ownership of the cable system to another party, any such acquisition

or transfer shall be at a fair market value, determined on the basis of the cable

system valued as a going concern. Grantee and City agree that in the case of a

lawful revocation of the franchise, at Grantee’s request, which shall be made in

its sole discretion, Grantee shall be given a reasonable opportunity to effectuate

a transfer of its cable system to a qualified third party. The City further agrees

that during such a period of time, it shall authorize the Grantee to continue to

operate pursuant to the terms of its prior franchise; however, in no event shall

such authorization exceed a period of time greater than six (6) months from the

effective date of such revocation. If, at the end of that time, Grantee is

unsuccessful in procuring a qualified transferee or assignee of its cable system

which is reasonably acceptable to the City, Grantee and City may avail

themselves of any rights they may have pursuant to Federal or State law, it

being further agreed that Grantee’s continued operation of its cable system

during the six-month period shall not be deemed to be a waiver or an

extinguishment of any rights of either the City or the Grantee. Notwithstanding

anything to the contrary set forth in this section, neither City nor Grantee shall

be required to violate Federal or State law.

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112.22 TRANSFER OF FRANCHISE. Grantee’s right, title or interest in

the franchise shall not be sold, transferred, assigned or otherwise encumbered,

other than to an affiliate, without the prior consent of the City, such consent not

to be unreasonably withheld. No such consent shall be required, however, for a

transfer in trust, by mortgage, by other hypothecation, or by assignment of any

rights, title or interest of Grantee in the franchise or cable system in order to

secure indebtedness.

112.23 TESTING FOR COMPLIANCE. The City may perform technical

tests of the cable system during reasonable times and in a manner which does

not unreasonably interfere with the normal business operations of the Grantee

or the cable system in order to determine whether or not the Grantee is in

compliance with the terms hereof and applicable State or Federal laws. Except

in emergency circumstances, such tests may be undertaken only after giving

Grantee reasonable notice thereof, not to be less than two (2) business days, and

providing a representative of Grantee an opportunity to be present during such

tests. In the event that such testing demonstrates that the Grantee has

substantially failed to comply with a material requirement hereof, the

reasonable costs of such tests shall be borne by the Grantee. In the event that

such testing demonstrates that Grantee has substantially complied with such

material provisions hereof, the cost of such testing shall be borne by the City.

Except in emergency circumstances, the City agrees that such testing shall be

undertaken no more than two (2) times a year in the aggregate, and that the

results thereof shall be made available to the Grantee upon Grantee’s request.

112.24 BOOKS AND RECORDS. The Grantee agrees that the City may

review such of its books and records, during normal business hours and on a

non-disruptive basis, as are reasonably necessary to monitor compliance with

the terms hereof. Such records shall include, but shall not be limited to, any

public records required to be kept by the Grantee pursuant to the rules and

regulations of the FCC. Notwithstanding anything to the contrary set forth

herein, Grantee shall not be required to disclose information which it

reasonably deems to be proprietary or confidential in nature. The City agrees to

treat any information disclosed by the Grantee to it as confidential and only to

disclose it to employees, representatives and agents thereof that have a need to

know, or in order to enforce the provisions hereof.

112.25 SUBSCRIBER COMPLAINTS. The Grantee shall provide,

annually, to the City at their request, a copy of complaint logs including

subscriber complaints received by the Grantee, which specify the number and

nature of such complaints.

112.26 TECHNICAL DUALITY. The Grantee shall provide such technical

quality of cable service as mandated by the applicable Federal or State law or

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rules or regulations promulgated by any Federal or State administrative or

regulatory agency.

112.27 INSURANCE REQUIREMENTS. Grantee shall maintain in full

force and effect, at its own cost and expense, during the term of the franchise,

Comprehensive General Liability Insurance in the amount of $1,000,000

combined single limit for bodily injury and property damage. Said insurance

shall designate the City as an additional insured. Such insurance shall be non-

cancelable except upon thirty (30) days’ prior written notice to the City.

112.28 INDEMNIFICATION. The Grantee agrees to indemnify, save and

hold harmless and defend the City, its officers, boards and employees, from and

against any liability for damages and for any liability or claims resulting from

property damage or bodily injury (including accidental death), which arise out

of the Grantee’s construction, operation, or maintenance of its cable system,

including, but not limited to, reasonable attorney’s fees and costs.

112.29 BONDS AND OTHER SURETY. Except as expressly provided

herein, Grantee shall not be required to obtain or maintain bonds or other surety

as a condition of being awarded the franchise or continuing its existence. The

City acknowledges that the legal, financial and technical qualifications of

Grantee are sufficient to afford compliance with the terms of the franchise and

the enforcement thereof. Grantee and City recognize that the costs associated

with bonds and other surety may ultimately be borne by the subscribers in the

form of increased rates for cable services. In order to minimize such costs, the

City agrees to require bonds and other surety only in such amounts and during

such times as there is a reasonably demonstrated need therefor. The City agrees

that in no event, however, shall it require a bond or other related surety in an

aggregate amount greater than $10,000, conditioned upon the substantial

performance of the material terms, covenants and conditions of the franchise.

Initially, no bond or other surety will be required. In the event that one is

required in the future, the City agrees to give Grantee at least sixty (60) days’

prior written notice thereof stating the exact reason for the requirement. Such

reason must demonstrate a change in the Grantee’s legal, financial or technical

qualifications which would materially prohibit or impair its ability to comply

with the terms of the franchise or afford compliance therewith.

112.30 NOTICE OF VIOLATION. In the event that the City believes that

the Grantee has not complied with the terms of the franchise, it shall notify

Grantee in writing of the exact nature of the alleged noncompliance.

112.31 GRANTEE’S RIGHT TO CURE OR RESPOND. Grantee shall

have thirty (30) days from receipt of the notice described in Section 112.30: (a)

to respond to the City contesting the assertion of noncompliance; or (b) to cure

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such default; or (c) in the event that, by the nature of default, such default

cannot be cured within the thirty-day period, initiate reasonable steps to remedy

such default and notify the City of the steps being taken and the projected date

that they will be completed.

112.32 PUBLIC HEARING. In the event that Grantee fails to respond to the

notice described in Section 112.30 pursuant to the procedures set forth in

Section 112.31, or in the event that the alleged default is not remedied within

sixty (60) days after the Grantee is notified of the alleged default pursuant to

Section 112.30, the City shall schedule a public meeting to investigate the

default. Such public meeting shall be held at the next regularly scheduled

meeting of the City which is scheduled at a time which is no less than five (5)

business days therefrom. The City shall notify the Grantee of the time and

place of such meeting and provide the Grantee with an opportunity to be heard.

112.33 ENFORCEMENT. Subject to applicable Federal and State law, in

the event the City, after such meeting, determines that Grantee is in default of

any provision of the franchise, the City may:

1. Foreclose on all or any part of any security provided under the

franchise, if any, including, without limitation, any bonds or other

surety; provided, however, the foreclosure shall only be in such a manner

and in such amount as the City reasonably determines is necessary to

remedy the default;

2. Commence an action at law for monetary damages or seek other

equitable relief;

3. In the case of a substantial default of a material provision of the

franchise, declare the franchise agreement to be revoked; or

4. Seek specific performance of any provision, which reasonably

lends itself to such remedy, as an alternative to damages.

The Grantee shall not be relieved of any of its obligations to comply promptly

with any provision of the franchise by reason of any failure of the City to

enforce prompt compliance.

112.34 ACTS OF GOD. The Grantee shall not be held in default or

noncompliance with the provisions of the franchise, or suffer any enforcement

or penalty relating thereto, where such noncompliance or alleged defaults are

caused by strikes, acts of God, power outages, or other events reasonably

beyond its ability to control.

112.35 UNAUTHORIZED RECEPTION. In addition to those criminal and

civil remedies provided by State and Federal law, it is a misdemeanor for any

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person to create or make use of any unauthorized connection, whether

physically, electrically, acoustically, inductively or otherwise, with any part of

the cable system without the express consent of the Grantee. Further, without

the express consent of Grantee, it is a misdemeanor for any person to tamper

with, remove or injure any property, equipment or part of the cable system or

any means of receiving cable service or other services provided thereto.

Subject to applicable Federal and State law, the City shall incorporate into its

criminal code, if not presently a part thereof, criminal misdemeanor law which

will enforce the intent of this section.

112.36 PREEMPTION. If the FCC, or any other Federal or State body or

agency shall now or hereafter exercise any paramount jurisdiction over the

subject matter of the franchise, then to the extent such jurisdiction shall preempt

and supersede or preclude the exercise of the like jurisdiction by the City, the

jurisdiction of the City shall cease and no longer exist.

112.37 ACTIONS OF CITY. In any action by the City or representative

thereof mandated or permitted under the terms hereof, such party shall act in a

reasonable, expeditious and timely manner. Furthermore, in any instance where

approval or consent is required under the terms hereof, such approval or

consent shall not be unreasonably withheld.

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CHAPTER 120

LIQUOR LICENSES AND WINE AND BEER PERMITS

120.01 License or Permit Required 120.04 Action by Council

120.02 General Prohibition 120.05 Prohibited Sales and Acts

120.03 Investigation 120.06 Amusement Devices

120.01 LICENSE OR PERMIT REQUIRED. No person shall manufacture

for sale, import, sell, or offer or keep for sale, alcoholic liquor, wine, or beer

without first securing a liquor control license, wine permit or beer permit in

accordance with the provisions of Chapter 123 of the Code of Iowa.

(Code of Iowa, Sec. 123.22, 123.122 & 123.171)

120.02 GENERAL PROHIBITION. It is unlawful to manufacture for sale,

sell, offer or keep for sale, possess or transport alcoholic liquor, wine or beer

except upon the terms, conditions, limitations and restrictions enumerated in

Chapter 123 of the Code of Iowa, and a license or permit may be suspended or

revoked or a civil penalty may be imposed for a violation thereof.

(Code of Iowa, Sec. 123.2, 123.39 & 123.50)

120.03 INVESTIGATION. Upon receipt of an application for a liquor

license, wine or beer permit, the Clerk may forward it to the Police Chief, who

shall then conduct an investigation and submit a written report as to the truth of

the facts averred in the application. The Fire Chief may also inspect the

premises to determine if they conform to the requirements of the City. The

Council shall not approve an application for a license or permit for any

premises which does not conform to the applicable law and ordinances,

resolutions and regulations of the City.

(Code of Iowa, Sec. 123.30)

120.04 ACTION BY COUNCIL. The Council shall either approve or

disapprove the issuance of the liquor control license or retail wine or beer

permit and shall endorse its approval or disapproval on the application, and

thereafter the application, necessary fee and bond, if required, shall be

forwarded to the Alcoholic Beverages Division of the State Department of

Commerce for such further action as is provided by law.

(Code of Iowa, Sec. 123.32 [2])

120.05 PROHIBITED SALES AND ACTS. A person or club holding a

liquor license or retail wine or beer permit and the person’s or club’s agents or

employees shall not do any of the following:

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1. Sell, dispense or give to any intoxicated person, or one simulating

intoxication, any alcoholic liquor, wine or beer.

(Code of Iowa, Sec. 123.49 [1])

2. Sell or dispense any alcoholic beverage, wine or beer on the

premises covered by the license or permit, or permit its consumption

thereon between the hours of 2:00 a.m. and 6:00 a.m. on a weekday, and

between the hours of 2:00 a.m. on Sunday and 6:00 a.m. on the

following Monday; however, a holder of a license or permit granted the

privilege of selling alcoholic liquor, beer or wine on Sunday may sell or

dispense alcoholic liquor, beer or wine between the hours of 8:00 a.m. on

Sunday and 2:00 a.m. of the following Monday, and further provided

that a holder of any class of liquor control license or the holder of a class

“B” beer permit may sell or dispense alcoholic liquor, wine or beer for

consumption on the premises between the hours of 8:00 a.m. on Sunday

and 2:00 a.m. on Monday when that Monday is New Year’s Day and

beer for consumption off the premises between the hours of 8:00 a.m. on

Sunday and 2:00 a.m. on the following Monday when that Sunday is the

day before New Year’s Day.

(Code of Iowa, Sec. 123.49 [2b and 2k] & 123.150)

3. Sell alcoholic beverages, wine or beer to any person on credit,

except with bona fide credit card. This provision does not apply to sales

by a club to its members, to sales by a hotel or motel to bona fide

registered guests nor to retail sales by the managing entity of a

convention center, civic center or events center.

(Code of Iowa, Sec. 123.49 [2c])

4. Employ a person under eighteen (18) years of age in the sale or

serving of alcoholic liquor, wine or beer for consumption on the

premises where sold.

(Code of Iowa, Sec. 123.49 [2f])

5. In the case of a retail beer or wine permittee, knowingly allow the

mixing or adding of alcohol or any alcoholic beverage to beer, wine or

any other beverage in or about the permittee’s place of business.

(Code of Iowa, Sec. 123.49 [2i])

6. Knowingly permit any gambling, except in accordance with Iowa

law, or knowingly permit any solicitation for immoral purposes, or

immoral or disorderly conduct on the premises covered by the license or

permit.

(Code of Iowa, Sec. 123.49 [2a])

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7. Knowingly permit or engage in any criminal activity on the

premises covered by the license or permit.

(Code of Iowa, Sec. 123.49 [2j])

8. Keep on premises covered by a liquor control license any

alcoholic liquor in any container except the original package purchased

from the Alcoholic Beverages Division of the State Department of

Commerce and except mixed drinks or cocktails mixed on the premises

for immediate consumption.

(Code of Iowa, Sec. 123.49 [2d])

9. Reuse for packaging alcoholic liquor or wine any container or

receptacle used originally for packaging alcoholic liquor or wine; or

adulterate, by the addition of any substance, the contents or remaining

contents of an original package of an alcoholic liquor or wine; or

knowingly possess any original package which has been reused or

adulterated.

(Code of Iowa, Sec. 123.49 [2e])

10. Allow any person other than the licensee, permittee or employees

of the licensee or permittee to use or keep on the licensed premises any

alcoholic liquor in any bottle or other container which is designed for the

transporting of such beverages, except as allowed by State law.

(Code of Iowa, Sec. 123.49 [2g])

120.06 AMUSEMENT DEVICES.

(Code of Iowa, Sec. 99B.10C)

1. As used in this section an “electronic or mechanical amusement

device” means a device that awards a prize redeemable for merchandise

on the premises where the device is located and which is required to be

registered with the Iowa Department of Inspection and Appeals.

2. It is unlawful for any person under the age of twenty-one (21)

years to participate in the operation of an electrical or mechanical

amusement device.

3. It is unlawful for any person owning or leasing an electrical or

mechanical amusement device to knowingly allow a person under the

age of twenty-one (21) years to participate in the operation of an

electrical or mechanical amusement device.

4. It is unlawful for any person to knowingly participate in the

operation of an electrical or mechanical amusement device with a person

under the age of twenty-one (21) years.

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CHAPTER 121

CIGARETTE AND TOBACCO PERMITS

121.01 Definitions 121.06 Refunds

121.02 Permit Required 121.07 Persons Under Legal Age

121.03 Application 121.08 Self-service Sales Prohibited

121.04 Fees 121.09 Permit Revocation

121.05 Issuance and Expiration

121.01 DEFINITIONS. For use in this chapter the following terms are

defined:

(Code of Iowa, Sec. 453A.1)

1. “Carton” means a box or container of any kind in which ten or

more packages or packs of cigarettes or tobacco products are offered for

sale, sold or otherwise distributed to consumers.

2. “Cigarette” means any roll for smoking made wholly or in part of

tobacco, or any substitute for tobacco, irrespective of size or shape and

irrespective of tobacco or any substitute for tobacco being flavored,

adulterated or mixed with any other ingredient, where such roll has a

wrapper or cover made of paper or any other material. However, this

definition is not to be construed to include cigars.

3. “Package” or “pack” means a container of any kind in which

cigarettes or tobacco products are offered for sale, sold or otherwise

distributed to consumers.

4. “Place of business” means any place where cigarettes or tobacco

products are sold, stored or kept for the purpose of sale or consumption

by a retailer.

5. “Retailer” means every person who sells, distributes or offers for

sale for consumption, or possesses for the purpose of sale for

consumption, cigarettes, irrespective of the quantity or amount or the

number of sales or who engages in the business of selling tobacco

products to ultimate consumers.

6. “Self-service display” means any manner of product display,

placement or storage from which a person purchasing the product may

take possession of the product, prior to purchase, without assistance from

the retailer or employee of the retailer, in removing the product from a

restricted access location.

7. “Tobacco products” means the following: cigars; little cigars;

cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed

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and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist

tobacco; fine-cut and other chewing tobaccos; shorts or refuse scraps,

clippings, cuttings and sweepings of tobacco; and other kinds and forms

of tobacco prepared in such manner as to be suitable for chewing or

smoking in a pipe or otherwise, or for both chewing and smoking, but

does not mean cigarettes.

121.02 PERMIT REQUIRED.

1. Cigarette Permits. It is unlawful for any person, other than a

holder of a retail permit, to sell cigarettes at retail and no retailer shall

distribute, sell or solicit the sale of any cigarettes within the City without

a valid permit for each place of business. The permit shall be displayed

publicly in the place of business so that it can be seen easily by the

public. No permit shall be issued to a minor.

(Code of Iowa, Sec. 453A.13)

2. Tobacco Permits. It is unlawful for any person to engage in the

business of a retailer of tobacco products at any place of business

without first having received a permit as a tobacco products retailer for

each place of business owned or operated by the retailer.

(Code of Iowa, Sec. 453A.47A)

A retailer who holds a cigarette permit is not required to also obtain a tobacco

permit. However, if a retailer only holds a cigarette permit and that permit is

suspended, revoked or expired, the retailer shall not sell any cigarettes or

tobacco products during such time.

121.03 APPLICATION. A completed application on forms provided by the

State Department of Revenue and accompanied by the required fee shall be

filed with the Clerk. Renewal applications shall be filed at least five (5) days

prior to the last regular meeting of the Council in June. If a renewal application

is not timely filed, and a special Council meeting is called to act on the

application, the costs of such special meeting shall be paid by the applicant.

(Code of Iowa, Sec. 453A.13 & 453A.47A)

121.04 FEES. The fee for a retail cigarette or tobacco permit shall be as

follows:

(Code of Iowa, Sec. 453A.13 & 453A.47A)

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FOR PERMITS GRANTED DURING: FEE:

uly, August

Sept

ember

$ 75.00

Octob

er, November or December

$ 5

6.25

January,

Febru

ary or

March

7.50

April

, Ma

or June

$ 18.75

121.05 ISSUANCE AND EXPIRATION. Upon proper application and

payment of the required fee, a permit shall be issued. Each permit issued shall

describe clearly the place of business for which it is issued and shall be

nonassignable. All permits expire on June 30 of each year. The Clerk shall

submit a duplicate of any application for a permit, and any permit issued, to the

Iowa Department of Public Health within thirty (30) days of issuance.

121.06 REFUNDS. A retailer may surrender an unrevoked permit and receive

a refund from the City, except during April, May or June, in accordance with the

schedule of refunds as provided in Section 453A.13 or 453A.47A of the Code of

Iowa.

(Code of Iowa, 453A.13 & 453A.47A)

121.07 PERSONS UNDER LEGAL AGE. No person shall sell, give or

otherwise supply any tobacco, tobacco products or cigarettes to any person

under eighteen (18) years of age. The provision of this section includes

prohibiting a minor from purchasing cigarettes or tobacco products from a

vending machine. If a retailer or employee of a retailer violates the provisions

of this section, the Council shall, after written notice and hearing, and in

addition to the other penalties fixed for such violation, assess the following:

1. For a first violation, the retailer shall be assessed a civil penalty in

the amount of three hundred dollars ($300.00). Failure to pay the civil

penalty as ordered under this subsection shall result in automatic

suspension of the permit for a period of fourteen (14) days.

2. For a second violation within a period of two (2) years, the

retailer shall be assessed a civil penalty in the amount of one thousand

five hundred dollars ($1,500.00) or the retailer’s permit shall be

suspended for a period of thirty (30) days. The retailer may select its

preference in the penalty to be applied under this subsection.

3. For a third violation within a period of three (3) years, the retailer

shall be assessed a civil penalty in the amount of one thousand five

hundred dollars ($1,500.00) and the retailer’s permit shall be suspended

for a period of thirty (30) days.

4. For a fourth violation within a period of three (3) years, the

retailer shall be assessed a civil penalty in the amount of one thousand

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five hundred dollars ($1,500.00) and the retailer’s permit shall be

suspended for a period of sixty (60) days.

5. For a fifth violation with a period of four (4) years, the retailer’s

permit shall be revoked.

The Clerk shall give ten (10) days’ written notice to the retailer by mailing a

copy of the notice to the place of business as it appears on the application for a

permit. The notice shall state the reason for the contemplated action and the

time and place at which the retailer may appear and be heard.

(Code of Iowa, Sec. 453A.2, 453A.22 and 453A.36[6])

121.08 SELF-SERVICE SALES PROHIBITED. Beginning January 1,

1999, except for the sale of cigarettes through a cigarette vending machine as

provided in Section 453A.36(6) of the Code of Iowa, a retailer shall not sell or

offer for sale cigarettes or tobacco products, in a quantity of less than a carton,

through the use of a self-service display.

(Code of Iowa, Sec. 453A.36A)

121.09 PERMIT REVOCATION. Following a written notice and an

opportunity for a hearing, as provided by the Code of Iowa, the Council may

also revoke a permit issued pursuant to this chapter for a violation of Division I

of Chapter 453A of the Code of Iowa or any rule adopted thereunder. If a

permit is revoked, a new permit shall not be issued to the permit holder for any

place of business, or to any other person for the place of business at which the

violation occurred, until one year has expired from the date of revocation,

unless good cause to the contrary is shown to the Council. The Clerk shall

report the revocation or suspension of a retail permit to the Iowa Department of

Public Health within thirty (30) days of the revocation or suspension.

(Code of Iowa, Sec. 453A.22)

(Ch. 121 - Ord. 609 – May 06 Supp.)

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CHAPTER 122

PEDDLERS, SOLICITORS AND TRANSIENT

MERCHANTS

122.01 Purpose 122.10 Revocation of License

122.02 Definitions 122.11 Notice

122.03 License Required 122.12 Hearing

122.04 Application for License 122.13 Record and Determination

122.05 Bond Required 122.14 Appeal

122.06 License Issued 122.15 Effect of Revocation

122.07 Display of License 122.16 License Exemptions

122.08 License Not Transferable 122.17 Charitable and Nonprofit Organizations

122.09

Time Restriction

122.01 PURPOSE. The purpose of this chapter is to protect residents of the

City against fraud, unfair competition and intrusion into the privacy of their

homes by licensing and regulating peddlers, solicitors and transient merchants.

122.02 DEFINITIONS. For use in this chapter the following terms are

defined:

1. “Peddler” means any person carrying goods or merchandise who

sells or offers for sale for immediate delivery such goods or merchandise

from house to house or upon the public street.

2. “Solicitor” means any person who solicits or attempts to solicit

from house to house or upon the public street any contribution or

donation or any order for goods, services, subscriptions or merchandise

to be delivered at a future date.

3. “Transient merchant” means any person who engages in a

temporary or itinerant merchandising business and in the course of such

business hires, leases or occupies any building or structure whatsoever,

or who operates out of a vehicle which is parked anywhere within the

City limits. Temporary association with a local merchant, dealer, trader

or auctioneer, or conduct of such transient business in connection with,

as a part of, or in the name of any local merchant, dealer, trader or

auctioneer does not exempt any person from being considered a transient

merchant.

122.03 LICENSE REQUIRED. Any person engaging in peddling, soliciting

or in the business of a transient merchant in the City without first obtaining a

license as herein provided is in violation of this chapter.

122.04 APPLICATION FOR LICENSE. An application in writing shall be

filed with the Clerk for a license under this chapter. Such application shall set

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forth the applicant’s name, permanent and local address and business address if

any. The application shall also set forth the applicant’s employer, if any, and

the employer’s address, the nature of the applicant’s business, the last three

places of such business and the length of time sought to be covered by the

license. Before a license shall be issued, the applicant shall pay a license fee in

accordance with the following schedule:

1. For one week .......................................... $ 50.00

2. For one month ........................................ $ 100.00

122.05 BOND REQUIRED. Before a license under this chapter is issued to

a transient merchant, an applicant shall provide to the Clerk evidence that the

applicant has filed a bond with the Secretary of State in accordance with

Chapter 9C of the Code of Iowa.

122.06 LICENSE ISSUED. If the Clerk finds the application is completed

in conformance with the requirements of this chapter, the facts stated therein

are found to be correct and the license fee paid, a license shall be issued

immediately.

122.07 DISPLAY OF LICENSE. Each solicitor or peddler shall keep such

license in possession at all times while doing business in the City and shall,

upon the request of prospective customers, exhibit the license as evidence of

compliance with all requirements of this chapter. Each transient merchant shall

display publicly such merchant’s license in the merchant’s place of business.

122.08 LICENSE NOT TRANSFERABLE. Licenses issued under the

provisions of this chapter are not transferable in any situation and are to be

applicable only to the person filing the application.

122.09 TIME RESTRICTION. All peddler’s and solicitor’s licenses shall

provide that said licenses are in force and effect only between the hours of 8:00

a.m. and 7:00 p.m.

122.10 REVOCATION OF LICENSE. After notice and hearing, the Clerk

may revoke any license issued under this chapter for the following reasons:

1. Fraudulent Statements. The licensee has made fraudulent

statements in the application for the license or in the conduct of the

business.

2. Violation of Law. The licensee has violated this chapter or has

otherwise conducted the business in an unlawful manner.

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3. Endangered Public Welfare, Health or Safety. The licensee has

conducted the business in such manner as to endanger the public welfare,

safety, order or morals.

122.11 NOTICE. The Clerk shall send a notice to the licensee at the

licensee’s local address, not less than ten (10) days before the date set for a

hearing on the possible revocation of a license. Such notice shall contain

particulars of the complaints against the licensee, the ordinance provisions or

State statutes allegedly violated, and the date, time and place for hearing on the

matter.

122.12 HEARING. The Clerk and Mayor shall conduct a hearing at which

both the licensee and any complainants shall be present to determine the truth

of the facts alleged in the complaint and notice. Should the licensee, or

authorized representative, fail to appear without good cause, the Clerk may

proceed to a determination of the complaint.

122.13 RECORD AND DETERMINATION. The Clerk shall make and

record findings of fact and conclusions of law, and shall revoke a license only

when upon review of the entire record the Clerk finds clear and convincing

evidence of substantial violation of this chapter or State law.

122.14 APPEAL. If the Clerk revokes or refuses to issue a license, the Clerk

shall make a part of the record the reasons therefor. The licensee, or the

applicant, shall have a right to a hearing before the Council at its next regular

meeting. The Council may reverse, modify or affirm the decision of the Clerk

by a majority vote of the Council members present and the Clerk shall carry out

the decision of the Council.

122.15 EFFECT OF REVOCATION. Revocation of any license shall bar

the licensee from being eligible for any license under this chapter for a period

of one year from the date of the revocation.

122.16 LICENSE EXEMPTIONS. The following are excluded from the

application of this chapter.

1. Newspapers. Persons delivering, collecting for or selling

subscriptions to newspapers.

2. Club Members. Members of local civic and service clubs, Boy

Scout, Girl Scout, 4-H Clubs, Future Farmers of America and similar

organizations.

3. Local Residents and Farmers. Local residents and farmers who

offer for sale their own products.

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4. Students. Students representing the Davis County Community

School District conducting projects sponsored by organizations

recognized by the school.

5. Route Sales. Route delivery persons who only incidentally solicit

additional business or make special sales.

6. Resale or Institutional Use. Persons customarily calling on

businesses or institutions for the purposes of selling products for resale

or institutional use.

122.17 CHARITABLE AND NONPROFIT ORGANIZATIONS.

Authorized representatives of charitable or nonprofit organizations operating

under the provisions of Chapter 504A of the Code of Iowa desiring to solicit

money or to distribute literature are exempt from the operation of Sections

122.04 and 122.05. All such organizations are required to submit in writing to

the Clerk the name and purpose of the cause for which such activities are

sought, names and addresses of the officers and directors of the organization,

the period during which such activities are to be carried on, and whether any

commissions, fees or wages are to be charged by the solicitor and the amount

thereof. If the Clerk finds that the organization is a bona fide charity or

nonprofit organization the Clerk shall issue, free of charge, a license containing

the above information to the applicant. In the event the Clerk denies the

exemption, the authorized representatives of the organization may appeal the

decision to the Council, as provided in Section 122.15 of this chapter.

CODE OF ORDINANCES, BLOOMFIELD, IOWA

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CHAPTER 123

HOUSE MOVERS

123.01 House Mover Defined 123.07 Permit Issued

123.02 Permit Required 123.08 Public Safety

123.03 Application 123.09 Time Limit

123.04 Bond Required 123.10 Removal by City

123.05 Insurance Required 123.11 Protect Pavement

123.06 Permit Fee 123.12 Overhead Wires

123.01 HOUSE MOVER DEFINED. A “house mover” means any person

who undertakes to move a building or similar structure upon, over or across

public streets or property when the building or structure is of such size that it

requires the use of skids, jacks, dollies or any other specialized moving

equipment.

123.02 PERMIT REQUIRED. It is unlawful for any person to engage in the

activity of house mover as herein defined without a valid permit from the City

for each house, building or similar structure to be moved. Buildings of less

than one hundred (100) square feet are exempt from the provisions of this

chapter.

123.03 APPLICATION. Application for a house mover’s permit shall be

made in writing to the Clerk. The application shall include:

1. Name and Address. The applicant’s full name and address and if

a corporation the names and addresses of its principal officers.

2. Building Location. An accurate description of the present

location and future site of the building or similar structure to be moved.

3. Routing Plan. A routing plan approved by the Public Works

Director, street superintendent, and public utility officials. The route

approved shall be the shortest route compatible with the greatest public

convenience and safety.

123.04 BOND REQUIRED. The applicant shall post with the Clerk a penal

bond in the minimum sum of five thousand dollars ($5,000.00) issued by a

surety company authorized to issue such bonds in the State. The bond shall

guarantee the permittee’s payment for any damage done to the City or to public

property, and payment of all costs incurred by the City in the course of moving

the building or structure.

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123.05 INSURANCE REQUIRED. Each applicant shall also file a

certificate of insurance indicating that the applicant is carrying public liability

insurance in effect for the duration of the permit covering the applicant and all

agents and employees for the following minimum amounts:

1. Bodily Injury – $50,000 per person; $100,000 per accident.

2. Property Damage – $50,000 per accident.

123.06 PERMIT FEE. A permit fee of one hundred dollars ($100.00) shall

be payable at the time of filing the application with the Clerk. A separate

permit shall be required for each house, building or similar structure to be

moved.

123.07 PERMIT ISSUED. Upon approval of the application, filing of bond

and insurance certificate, and payment of the required fee, the Clerk shall issue

a permit.

123.08 PUBLIC SAFETY. At all times when a building or similar structure

is in motion upon any street, alley, sidewalk or public property, the permittee

shall maintain flagmen at the closest intersections or other possible channels of

traffic to the sides, behind and ahead of the building or structure. At all times

when the building or structure is at rest upon any street, alley, sidewalk or

public property the permittee shall maintain adequate warning signs or lights at

the intersections or channels of traffic to the sides, behind and ahead of the

building or structure.

123.09 TIME LIMIT. No house mover shall permit or allow a building or

similar structure to remain upon any street or other public way for a period of

more than twelve (12) hours without having first secured the written approval

of the City.

123.10 REMOVAL BY CITY. In the event any building or similar structure

is found to be in violation of Section 123.09 the City is authorized to remove

such building or structure and assess the costs thereof against the permit holder

and the surety on the permit holder’s bond.

123.11 PROTECT PAVEMENT. It is unlawful to move any house or

building of any kind over any pavement, unless the wheels or rollers upon

which the house or building is moved are at least one (1) inch in width for each

one thousand (1,000) pounds of weight of such building. If there is any

question as to the weight of a house or building, the estimate of the City as to

such weight shall be final.

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123.12 OVERHEAD WIRES. The holder of any permit to move a building

shall see that all telephone, cable television and electric wires and poles are

removed when necessary and replaced in good order, and shall be liable for the

costs of the same.

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CHAPTER 124

LICENSING AND REGULATING TAXIS

124.01 Definitions 124.11 Appeal

124.02 License Required 124.12 Supervision

124.03 Application for License 124.13 Display of License and Rates

124.04 Fee 124.14 Liability Insurance

124.05 Investigation and Report 124.15 Driver’s Qualifications

124.06 Issuance of License 124.16 Maximum Working Hours

124.07 Disposition of Fee 124.17 Soliciting Business

124.08 Transfer of License Prohibited 124.18 Restriction on Number of Passengers

124.09 Revocation of License 124.19 Duty to Carry

124.10 Notice and Hearing 124.20 Taxi Requirements

124.01 DEFINITIONS. For use in this chapter, the following terms are

defined:

1. “Operator” means any person, partnership, limited liability

company, corporation or other entity that engages in the commercial

business of operating a taxi, but does not include a person hired to drive

a taxi.

2. “Taxi” means any motor vehicle that is used on the streets of the

City for the purpose of carrying passengers for hire.

124.02 LICENSE REQUIRED. It is unlawful to operate a taxi without a

valid taxi license issued by the City under this chapter and without first having

complied with all other provisions of this chapter.

124.03 APPLICATION FOR LICENSE. A taxi operator shall apply in

writing to the Clerk for a license for each taxi. The application shall be on a

form prescribed by the City and shall include the name, residential and business

addresses, and telephone number of the operator and the make, model, serial

number, motor number and State license plate number of each taxi. If the

operator is conducting the business as a corporation, limited liability company

or partnership, the application shall set forth the name, address and telephone

number of the registered agent of the entity and the name, address and

telephone number of the entity’s officers, members or shareholders.

124.04 FEE. The application shall be accompanied by a license fee of

$100.00 for each taxi which shall be nonrefundable. The nonrefundable license

fee of $100.00 per taxi shall be paid to the Clerk on or before the anniversary

date of each license issued for each taxi.

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LICENSING AND REGULATING TAXIS

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124.05 INVESTIGATION AND REPORT. Before the Council acts on the

issuance of a license, the Police Chief shall investigate the character of the

applicant and shall inspect the taxis to be licensed for possible violations of the

State motor vehicle law or of this chapter, and shall report on these matters to

the Council.

124.06 ISSUANCE OF LICENSE. The Clerk shall refer all applications to

the Council and the Council shall issue a license if it finds that the issuance will

be consistent with public convenience, health, safety and welfare The license

shall contain the signatures of the Mayor and Clerk, the date of issuance, the

period for which the license is valid, the passenger seating capacity of the taxi

and the information contained in the application.

124.07 DISPOSITION OF FEE. The Clerk shall transmit the license fee to

the Finance Officer.

124.08 TRANSFER OF LICENSE PROHIBITED. Each taxi license shall

be issued for one specific taxi only and shall not be transferable from taxi to

taxi or to a different operator.

124.09 REVOCATION OF LICENSE. The Council may revoke or

suspend any license issued under this chapter for the following reasons:

1. Fraudulent Statements. The operator has made fraudulent

statements in the application for the license or in the conduct of the

business.

2. Violation of Law. The operator has violated the requirements of

this chapter or of the State motor vehicle laws.

3. Endangered Public Welfare, Health or Safety. The operator has

conducted the business in such a manner as to endanger the public

welfare, health or safety.

124.10 NOTICE AND HEARING. The Clerk shall send a notice to the

licensee not less than ten (10) days before the date set for a hearing on the

possible revocation of a license. Such notice shall be in writing and shall be

served personally or as required for personal service by the Iowa Rules of Civil

Procedure. Such notice shall state the time and place of the hearing and the

reasons for the intended revocation or suspension. The Council shall conduct

the hearing on the possible revocation of the license. Should the licensee, or

authorized representative, fail to appear, the Council may proceed to a

determination of the complaint.

CHAPTER 124

LICENSING AND REGULATING TAXIS

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124.11 APPEAL. If the Council revokes or refuses to issue a license, the

Council shall make a part of the record the reasons therefor. The licensee or the

applicant shall have the right to a hearing before the Council at its next regular

meeting. The Council may reverse, modify or affirm its prior decision by a

majority vote of the Council members present.

124.12 SUPERVISION. The Police Chief has the power at any time to

investigate the conduct of any taxi business and the operation of a licensed taxi

and to inspect a licensed taxi for possible violations of the State motor vehicle

laws or this chapter, and shall report on these matters to the Council. The

Police Chief shall inspect all taxis at least once every two (2) months.

124.13 DISPLAY OF LICENSE AND RATES. Operators shall display

within the taxi, in full view of the passengers, the taxi license and a schedule of

rates.

124.14 LIABILITY INSURANCE. Before beginning operation of any taxi,

the operator shall file with the Clerk evidence of liability insurance in an

amount not less than $500,000.00 to cover possible liabilities arising out of the

operation of each licensed taxi.

124.15 DRIVER’S QUALIFICATIONS. Every driver of a licensed taxi

shall be at least twenty-one (21) years of age and shall possess a valid Iowa

commercial driver’s license.

124.16 MAXIMUM WORKING HOURS. No operator shall require or

permit any person to drive a taxi in excess of these maximum periods:

1. No more than twelve (12) consecutive hours in any twenty-four

(24) hour period except that, after completing such period of work, a

driver may begin work again if he or she has been off duty for ten (10)

hours.

2. No more than twelve (12) non-consecutive hours in any twenty-

four (24) hour period except that, after completing such a period of

work, a driver may begin work again if he or she has been off duty for

eight (8) hours.

124.17 SOLICITING BUSINESS. Taxi drivers shall not stop, park or drive

about the City streets or public places to solicit passengers by words, signs or

signals, but they may take a passenger anywhere in the City at the passenger’s

request.

CHAPTER 124

LICENSING AND REGULATING TAXI

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124.18 RESTRICTION ON NUMBER OF PASSENGERS. No driver

shall permit more passengers to be carried in a taxi than the rated seating

capacity of the taxi as fixed by the Council and stated in the license.

124.19 DUTY TO CARRY. No driver shall refuse or neglect to convey any

orderly person or persons, upon request, unless previously engaged, or unless

the driver is unable or forbidden to do so by the provisions of this chapter.

124.20 TAXI REQUIREMENTS. In order for a taxi to be licensed under

the provisions of this chapter, the taxi must have at least four doors (not

including hatchback). No license under the provisions of this chapter will be

issued to any taxi that is a convertible. All taxis licensed under the provisions

of this chapter must be less than five years old.

(Ch. 124 - Ord. 604 – May 06 Supp.)

CODE OF ORDINANCES, BLOOMFIELD, IOWA

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CHAPTER 125

HOTEL/MOTEL TAX

125.01 Imposition of Tax 125.03 Effective Date of Ordinance and Tax Imposition

125.02 Use of Funds

125.01 IMPOSITION OF TAX. A tax of 7% shall be and same is hereby

imposed upon the gross receipts from the renting of sleeping quarters in a hotel,

motel, inn, public lodging house, rooming house, mobile home which is

tangible personal property, or tourist court, or in any place where sleeping

accommodations are furnished to transient guests for rent, with or without

meals, except for those accommodations specifically exempted by Iowa Code

Section 423A.5, as amended, pursuant to the election held on November 6,

2007, at which a majority of those qualified voters of the City of Bloomfield,

Iowa, did vote in favor of the imposition of said tax. This tax shall only apply

within the corporate boundaries of Bloomfield, Iowa.

125.02 USE OF FUNDS. Revenues derived from this tax shall be used as

provided in Iowa Code Section 423A.7, as amended.

125.03 EFFECTIVE DATE OF ORDINANCE AND TAX IMPOSITION.

The ordinance codified in this chapter shall be in full force and effect from and

after its final passage, approval, and publication as provided by law. The tax

shall be imposed beginning on the 1st day of January, 2008.

(Ch. 125 – Ord. 635 – Jul. 08 Supp.)

CHAPTER 125

HOTEL/MOTEL TAX

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CHAPTER 126

RAGBRAI

129.01 Commercial Booth – Permit Required 126.06 Nuisance

126.02 Commercial Booth Fees 126.07 Violations – Penaltiea

126.03 Commercial Booth Location 126.08 Effective Period

126.04 Health Regulations 126.09 Street Closings

126.05 Glass Containers

129.01 COMMERCIAL BOOTH – PERMIT REQUIRED. No person,

club, group, organization, corporation or entity of any kind shall provide or sell

food to the public in Bloomfield on July 25, 2019, unless said person or entity

shall first obtain a Commercial Booth Permit from Bloomfield Main Street

located at 101 E. Franklin Street in Bloomfield, Iowa. However, any person or

entity which is a resident of Davis County and in possession of a valid permit

issued by the State of Iowa for the sale of food to be consumed on its premises

as of June 1, 2019, or in possession of a current Iowa retail sales tax permit,

shall be exempt from the requirements of this section.

129.02 COMMERCIAL BOOTH FEES. The fee for a Bloomfield

Commercial Booth Permit shall be set by Bloomfield Main Street. Booth space

is 20’ x 10’.

129.03 COMMERCIAL BOOTH LOCATION. A vendor who has been

granted a Bloomfield Commercial Booth Permit shall locate its temporary sale

facility at a location to be determined by the official Bloomfield RAGBRAI

Committee.

129.04 HEALTH REGULATIONS. A person or entity issued a

Commercial Booth Permit pursuant to this chapter (a RAGBRAI Commercial

Booth Permittee herein) shall comply with the Iowa Department of Health and

ADLM Counties Environmental Public Health rules and regulations pertaining

to the sale and dispensing of food for consumption on its premises.

129.05 GLASS CONTAINERS. To promote safety during RAGBRAI, all

beverages sold in Bloomfield, Iowa, by Commercial Booth Permittees, on July

25, 2019, shall be sold in non-glass containers only. This requirement shall also

apply to any existing business, restaurant, service station, grocery store or other

establishment selling beverages on its premises in an outdoor setting open to the

public.

129.06 NUISANCE. The sale of food or the erection of a temporary facility

for the sale of food or other merchandise without a Bloomfield Commercial

RAGBRAI

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Booth Permit on July 25, 2019, in violation of the provisions of this chapter

shall be considered a nuisance, as defined by Section 8.08 of the City Code of

Ordinances. If this type of nuisance is determined to exist, an emergency

abatement procedure pursuant to Subsection 8.08.080 of the City Code is

hereby authorized and may be executed by any peace officer or those acting at

their direction by dismantling and removing the nuisance without notice.

However, if the only nuisance or violation of this chapter is the offender’s

failure to obtain the necessary permit, the RAGBRAI Committee, in lieu of

immediate abatement, may allow the person or organization to immediately

purchase (cash only) a necessary permit provided by this ordinance.

129.07 VIOLATIONS – PENALITIES. Selling or supplying food or

merchandise to any person without a Bloomfield Commercial Booth Permit on

July 25, 2019, or any violation of this chapter shall be a simple misdemeanor

punishable by a maximum fine of $500.00 and/or a maximum of thirty (30)

days in jail. Furthermore, any violation of this chapter shall constitute a

municipal infraction, as set forth in Chapter 8 of the City Code of Ordinances,

and, therefore, any civil penalties may likewise be assessed and enforced as set

forth.

129.08 EFFECTIVE PERIOD. The provisions of this ordinance shall be

effective from 9:00 p.m. (local time) on July 24, 2019, until 5:00 p.m. (local

time) on July 25, 2019.

129.09 STREET CLOSINGS. During the effective dates of this ordinance

and without prior Council approval regarding the blocking of any City streets,

any Bloomfield police officer, or those at their discretion, may place barricades

or road blocks in any City street, alley or roadway to redirect vehicular traffic in

order to enhance the proper and safe flow of bicycle and vehicular traffic within

the City limits of the City of Bloomfield.

(Ch. 129 – Ord. 701 – Aug. 19 Supp.)

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CHAPTER 135

STREET USE AND MAINTENANCE

135.01 Removal of Warning Devices 135.08 Burning Prohibited

135.02 Obstructing or Defacing 135.09 Excavations

135.03 Placing Debris On 135.10 Maintenance of Parking or Terrace

135.04 Playing In 135.11 Failure to Maintain Parking or Terrace

135.05 Traveling on Barricaded Street or Alley 135.12 Dumping of Snow

135.06 Use for Business Purposes 135.13 Driveway Culverts

135.07 Washing Vehicles

135.01 REMOVAL OF WARNING DEVICES. It is unlawful for a person

to willfully remove, throw down, destroy or carry away from any street or alley

any lamp, obstruction, guard or other article or things, or extinguish any lamp

or other light, erected or placed thereupon for the purpose of guarding or

enclosing unsafe or dangerous places in said street or alley without the consent

of the person in control thereof.

(Code of Iowa, Sec. 716.1)

135.02 OBSTRUCTING OR DEFACING. It is unlawful for any person to

obstruct, deface, or injure any street or alley in any manner.

(Code of Iowa, Sec. 716.1)

135.03 PLACING DEBRIS ON. It is unlawful for any person to throw or

deposit on any street or alley any glass, glass bottle, nails, tacks, wire, cans,

trash, garbage, rubbish, litter, offal, leaves, grass or any other debris likely to be

washed into the storm sewer and clog the storm sewer, or any substance likely

to injure any person, animal or vehicle.

(Code of Iowa, Sec. 321.369)

135.04 PLAYING IN. It is unlawful for any person to coast, sled or play

games on streets or alleys, except in the areas blocked off by the City for such

purposes.

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

135.05 TRAVELING ON BARRICADED STREET OR ALLEY. It is

unlawful for any person to travel or operate any vehicle on any street or alley

temporarily closed by barricades, lights, signs, or flares placed thereon by the

authority or permission of any City official, police officer or member of the fire

department.

135.06 USE FOR BUSINESS PURPOSES. It is unlawful to park, store or

place, temporarily or permanently, any machinery or junk or any other goods,

wares, and merchandise of any kind upon any street or alley for the purpose of

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storage, exhibition, sale or offering same for sale, without permission of the

Council.

135.07 WASHING VEHICLES. It is unlawful for any person to use any

public sidewalk, street or alley for the purpose of washing or cleaning any

automobile, truck equipment, or any vehicle of any kind when such work is

done for hire or as a business. This does not prevent any person from washing

or cleaning his or her own vehicle or equipment when it is lawfully parked in

the street or alley.

135.08 BURNING PROHIBITED. No person shall burn any trash, leaves,

rubbish or other combustible material in any curb and gutter or on any paved or

surfaced street or alley.

135.09 EXCAVATIONS. No person shall dig, excavate or in any manner

disturb any street, parking or alley except in accordance with the following:

1. Permit Required. No excavation shall be commenced without

first obtaining a permit therefor. A written application for such permit

shall be filed with the City and shall contain the following:

A. An exact description of the property, by lot and street

number, in front of or along which it is desired to excavate;

B. A statement of the purpose, for whom and by whom the

excavation is to be made;

C. The person responsible for the refilling of said excavation

and restoration of the street or alley surface; and

D. Date of commencement of the work and estimated

completion date.

2. Public Convenience. 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.

3. Barricades, Fencing and Lighting. Adequate barricades, fencing

and warning lights meeting standards specified by the City shall be so

placed as to protect the public from hazard. Any costs incurred by the

City in providing or maintaining adequate barricades, fencing or warning

lights shall be paid to the City by the permit holder/property owner.

4. Bond Required. The applicant shall post with the City a penal

bond in the minimum sum of one thousand dollars ($1,000.00) issued by

a surety company authorized to issue such bonds in the State. The bond

shall guarantee the permittee’s payment for any damage done to the City

or to public property, and payment of all costs incurred by the City in the

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course of administration of this section. In lieu of a surety bond, a cash

deposit of one thousand dollars ($1,000.00) may be filed with the City.

5. Insurance Required. Each applicant shall also file a certificate of

insurance indicating that the applicant is carrying public liability

insurance in effect for the duration of the permit covering the applicant

and all agents and employees for the following minimum amounts:

A. Bodily Injury - $50,000.00 per person; $100,000.00 per

accident.

B. Property Damage - $50,000.00 per accident.

6. Restoration of Public Property. Streets, sidewalks, alleys and

other public property disturbed in the course of the work shall be

restored to the condition of the property prior to the commencement of

the work, or in a manner satisfactory to the City, at the expense of the

permit holder/property owner.

7. Inspection. All work shall be subject to inspection by the City.

Backfill shall not be deemed completed, nor resurfacing of any improved

street or alley surface begun, until such backfill is inspected and

approved by the City. The permit holder/property owner shall provide

the City with notice at least twenty-four (24) hours prior to the time

when inspection of backfill is desired.

8. Completion by the City. Should any excavation in any street or

alley be discontinued or left open and unfinished for a period of twenty-

four (24) hours after the approved completion date, or in the event the

work is improperly done, the City has the right to finish or correct the

excavation work and charge any expenses therefor to the permit

holder/property owner.

9. Responsibility for Costs. All costs and expenses incident to the

excavation shall be borne by the permit holder and/or property owner.

The permit holder and owner shall indemnify the City from any loss or

damage that may directly or indirectly be occasioned by such excavation.

10. Notification. At least forty-eight (48) hours prior to the

commencement of the excavation, excluding Saturdays, Sundays and

legal holidays, the person performing the excavation shall contact Iowa

One Call at 1-800-292-8989 and provide the center with the information

required under Section 480.4 of the Code of Iowa.

11. Permit Issued. Upon approval of the application and filing of

bond and insurance certificate, a permit shall be issued. A separate

permit shall be required for each excavation.

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12. Permit Exemption. Utility companies are exempt from the permit

application requirement of this section. They shall, however, comply

with all other pertinent provisions.

135.10 MAINTENANCE OF PARKING OR TERRACE. It shall be the

responsibility of the abutting property owner to maintain all property outside

the lot and property lines and inside the curb lines upon the public streets,

except that the abutting property owner shall not be required to remove diseased

trees or dead wood on the publicly owned property or right-of-way.

Maintenance includes timely mowing, trimming trees and shrubs and picking

up litter.

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

135.11 FAILURE TO MAINTAIN PARKING OR TERRACE. If the

abutting property owner does not perform an action required under the above

section within a reasonable time, the City may perform the required action and

assess the cost against the abutting property for collection in the same manner

as a property tax.

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

135.12 DUMPING OF SNOW. It is unlawful for any person to throw, push,

or place or cause to be thrown, pushed or placed, any ice or snow from private

property, sidewalks, or driveways onto the traveled way of a street or alley so as

to obstruct gutters, or impede the passage of vehicles upon the street or alley or

to create a hazardous condition therein; except where, in the cleaning of large

commercial drives in the business district it is absolutely necessary to move the

snow onto the street or alley temporarily, such accumulation shall be removed

promptly by the property owner or agent. Arrangements for the prompt

removal of such accumulations shall be made prior to moving the snow.

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

135.13 DRIVEWAY CULVERTS. The property owner shall, at the owner’s

expense, install any culvert deemed necessary under any driveway or any other

access to the owner’s property, and before installing a culvert, permission must

first be obtained from the City. In the event repairs are needed at any time with

respect to culverts, it shall be the responsibility of the property owner to make

such repairs, and, in the event the owner fails to do so, the City shall have the

right to make the repairs. If the property owner fails to reimburse the City for

the cost of said repairs, the cost shall be certified to the County Treasurer and

specially assessed against the property as by law provided.

CODE OF ORDINANCES, BLOOMFIELD, IOWA

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CHAPTER 136

SIDEWALK REGULATIONS

136.01 Purpose 136.10 Failure to Repair or Barricade

136.02 Definitions 136.11 Interference with Sidewalk Improvements

136.03 Removal of Snow, Ice and Accumulations 136.12 Awnings

136.04 Responsibility for Maintenance 136.13 Encroaching Steps

136.05 City May Order Repairs 136.14 Openings and Enclosures

136.06 Sidewalk Construction Ordered 136.15 Fires or Fuel on Sidewalks

136.07 Permit Required 136.16 Defacing

136.08 Sidewalk Standards 136.17 Debris on Sidewalks

136.09 Barricades and Warning Lights 136.18 Merchandise Display

136.19 Sales Stands

136.01 PURPOSE. The purpose of this chapter is to enhance safe passage by

citizens on sidewalks, to place the responsibility for the maintenance, repair,

replacement or reconstruction of sidewalks upon the abutting property owner

and to minimize the liability of the City.

136.02 DEFINITIONS. For use in this chapter the following terms are

defined:

1. “Broom finish” means a sidewalk finish that is made by sweeping

the sidewalk when it is hardening.

2. “Defective sidewalk” means any public sidewalk exhibiting one

or more of the following characteristics:

A. Vertical separations equal to three-fourths (¾) inch or

more.

B. Horizontal separations equal to one (1) inch or more.

C. Holes or depressions equal to three-fourths (¾) inch or

more and at least four (4) inches in diameter.

D. Spalling over fifty percent (50%) of a single square of the

sidewalk with one or more depressions equal to one-half (½) inch

or more.

E. Spalling over less than fifty percent (50%) of a single

square of the sidewalk with one or more depressions equal to

three-fourths (¾) inch or more.

F. A single square of sidewalk cracked in such a manner that

no part thereof has a piece greater than one square foot.

G. A sidewalk with any part thereof missing to the full depth.

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SIDEWALK REGULATIONS

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H. A change from the design or construction grade equal to or

greater than three-fourths (¾) inch per foot.

3. “Established grade” means that grade established by the City for

the particular area in which a sidewalk is to be constructed.

4. “One-course construction” means that the full thickness of the

concrete is placed at one time, using the same mixture throughout.

5. “Owner” means the person owning the fee title to property

abutting any sidewalk and includes any contract purchaser for purposes

of notification required herein. For all other purposes, “owner” includes

the lessee, if any.

6. “Portland cement” means any type of cement except bituminous

cement.

7. “Sidewalk” means all permanent public walks in business,

residential or suburban areas.

8. “Sidewalk improvements” means the construction, reconstruction,

repair, replacement or removal, of a public sidewalk and/or the

excavating, filling or depositing of material in the public right-of-way in

connection therewith.

9. “Wood float finish” means a sidewalk finish that is made by

smoothing the surface of the sidewalk with a wooden trowel.

136.03 REMOVAL OF SNOW, ICE AND ACCUMULATIONS. It is the

responsibility of the abutting property owners to remove snow, ice and

accumulations promptly from sidewalks. If a property owner does not remove

snow, ice or accumulations within forty-eight (48) hours, the City may do so

and assess the costs against the property owner for collection in the same

manner as a property tax.

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

136.04 RESPONSIBILITY FOR MAINTENANCE. It is the responsibility

of the abutting property owners to repair, replace or reconstruct, or cause to be

repaired, replaced or reconstructed, all broken or defective sidewalks and to

maintain in a safe and hazard-free condition any sidewalk outside the lot and

property lines and inside the curb lines or traveled portion of the public street.

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

136.05 CITY MAY ORDER REPAIRS. If the abutting property owner

does not maintain sidewalks as required, the Council may serve notice on such

owner, by certified mail, requiring the owner to repair, replace or reconstruct

sidewalks within a reasonable time and if such action is not completed within

the time stated in the notice, the Council may require the work to be done and

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SIDEWALK REGULATIONS

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assess the costs against the abutting property for collection in the same manner

as a property tax.

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

136.06 SIDEWALK CONSTRUCTION ORDERED. The Council may

order the construction of permanent sidewalks upon any street or court in the

City and may specially assess the cost of such improvement to abutting

property owners in accordance with the provisions of Chapter 384 of the Code

of Iowa.

(Code of Iowa, Sec. 384.38)

136.07 PERMIT REQUIRED. No person shall remove, reconstruct or

install a sidewalk unless such person has obtained a permit from the City and

has agreed in writing that said removal, reconstruction or installation will

comply with all ordinances and requirements of the City for such work. A

written application for such permit shall be filed with the City and shall be

accompanied by a permit fee of five dollars ($5.00).

136.08 SIDEWALK STANDARDS. Sidewalks repaired, replaced or

constructed under the provisions of this chapter shall be of the following

construction and meet the following standards:

1. Cement. Portland cement shall be the only cement used in the

construction and repair of sidewalks.

2. Construction. Sidewalks shall be of one-course construction.

3. Sidewalk Base. Concrete may be placed directly on compact and

well-drained soil. Where soil is not well drained, a three (3) inch sub-

base of compact, clean, coarse gravel or sand shall be laid. The

adequacy of the soil drainage is to be determined by the City.

4. Sidewalk Bed. The sidewalk bed shall be so graded that the

constructed sidewalk will be at established grade.

5. Length, Width and Depth. Length, width and depth requirements

are as follows:

A. Residential sidewalks shall be at least four (4) feet wide

and four (4) inches thick, and each section shall be no more than

four (4) feet in length.

B. All sidewalks throughout the Business District shall be

constructed from lot line to the curb line unless the location of the

sidewalk is varied by an appropriate resolution of the Council

upon application by the landowner.

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C. Driveway areas shall be not less than six (6) inches in

thickness.

6. Location. Residential sidewalks shall be located with the inner

edge (edge nearest the abutting private property) on the property line,

unless the Council establishes a different distance due to special

circumstances.

7. Grade. Curb tops shall be on level with the centerline of the street

which shall be the established grade.

8. Elevations. The street edge of a sidewalk shall be at an elevation

even with the curb at the curb or not less than one-half (½) inch above

the curb for each foot between the curb and the sidewalk.

9. Slope. All sidewalks shall slope one-quarter (¼) inch per foot

toward the curb.

10. Finish. All sidewalks shall be finished with a “broom” or “wood

float” finish.

11. Ramps for Persons with Disabilities. There shall be not less than

two (2) curb cuts or ramps per lineal block which shall be located on or

near the crosswalks at intersections. Each curb cut or ramp shall be at

least thirty (30) inches wide, shall be sloped at not greater than one inch

of rise per twelve (12) inches lineal distance, except that a slope no

greater than one inch of rise per eight (8) inches lineal distance may be

used where necessary, shall have a nonskid surface, and shall otherwise

be so constructed as to allow reasonable access to the crosswalk for

persons with disabilities using the sidewalk.

(Code of Iowa, Sec. 216C.9)

136.09 BARRICADES AND WARNING LIGHTS. Whenever any

material of any kind is deposited on any street, avenue, highway, passageway or

alley when sidewalk improvements are being made or when any sidewalk is in

a dangerous condition, it shall be the duty of all persons having an interest

therein, either as the contractor or the owner, agent, or lessee of the property in

front of or along which such material may be deposited, or such dangerous

condition exists, to put in conspicuous places at each end of such sidewalk and

at each end of any pile of material deposited in the street, a sufficient number of

approved warning lights or flares, and to keep them lighted during the entire

night and to erect sufficient barricades both at night and in the daytime to

secure the same. The party or parties using the street for any of the purposes

specified in this chapter shall be liable for all injuries or damage to persons or

property arising from any wrongful act or negligence of the party or parties, or

their agents or employees or for any misuse of the privileges conferred by this

chapter or of any failure to comply with provisions hereof.

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136.10 FAILURE TO REPAIR OR BARRICADE. It is the duty of the

owner of the property abutting the sidewalk, or the owner’s contractor or agent,

to notify the City immediately in the event of failure or inability to make

necessary sidewalk improvements or to install or erect necessary barricades as

required by this chapter.

136.11 INTERFERENCE WITH SIDEWALK IMPROVEMENTS. No

person shall knowingly or willfully drive any vehicle upon any portion of any

sidewalk or approach thereto while in the process of being improved or upon

any portion of any completed sidewalk or approach thereto, or shall remove or

destroy any part or all of any sidewalk or approach thereto, or shall remove,

destroy, mar or deface any sidewalk at any time or destroy, mar, remove or

deface any notice provided by this chapter.

136.12 AWNINGS. It is unlawful for a person to erect or maintain any

awning over any sidewalk unless all parts of the awning are elevated at least

eight (8) feet above the surface of the sidewalk and the roof or covering is made

of duck, canvas or other suitable material supported by iron frames or brackets

securely fastened to the building, without any posts or other device that will

obstruct the sidewalk or hinder or interfere with the free passage of pedestrians.

136.13 ENCROACHING STEPS. It is unlawful for a person to erect or

maintain any stairs or steps to any building upon any part of any sidewalk

without permission by resolution of the Council.

136.14 OPENINGS AND ENCLOSURES. It is unlawful for a person to:

1. Stairs and Railings. Construct or build a stairway or passageway

to any cellar or basement by occupying any part of the sidewalk, or to

enclose any portion of a sidewalk with a railing without permission by

resolution of the Council.

2. Openings. Keep open any cellar door, grating or cover to any

vault on any sidewalk except while in actual use with adequate guards to

protect the public.

3. Protect Openings. Neglect to properly protect or barricade all

openings on or within six (6) feet of any sidewalk.

136.15 FIRES OR FUELS ON SIDEWALKS. It is unlawful for a person to

make a fire of any kind on any sidewalk or to place or allow any fuel to remain

upon any sidewalk.

136.16 DEFACING. It is unlawful for a person to scatter or place any paste,

paint or writing on any sidewalk.

(Code of Iowa, Sec. 716.1)

CHAPTER 136

SIDEWALK

REGULATIONS

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136.17 DEBRIS ON SIDEWALKS. It is unlawful for a person to throw or

deposit on any sidewalk any glass, nails, glass bottle, tacks, wire, cans, trash,

garbage, rubbish, litter, offal, or any other debris, or any substance likely to

injure any person, animal or vehicle.

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

136.18 MERCHANDISE DISPLAY. It is unlawful for a person to place

upon or above any sidewalk, any goods or merchandise for sale or for display in

such a manner as to interfere with the free and uninterrupted passage of

pedestrians on the sidewalk; in no case shall more than three (3) feet of the

sidewalk next to the building be occupied for such purposes.

136.19 SALES STANDS. It is unlawful for a person to erect or keep any

vending machine or stand for the sale of fruit, vegetables or other substances or

commodities on any sidewalk without first obtaining a written permit from the

Council. Provided, however, no such stand shall be allowed in any Historic

District.

CODE OF ORDINANCES, BLOOMFIELD, IOWA

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CHAPTER 137

VACATION AND DISPOSAL OF STREETS

137.01 Power to Vacate 137.04 Findings Required

137.02 Planning and Zoning Commission 137.05 Disposal of Vacated Streets or Alleys

137.03 Notice of Vacation Hearing 137.06 Disposal by Gift Limited

137.01 POWER TO VACATE. When, in the judgment of the Council, it

would be in the best interest of the City to vacate a street, alley, portion thereof

or any public grounds, the Council may do so by ordinance in accordance with

the provisions of this chapter.

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

137.02 PLANNING AND ZONING COMMISSION. Any proposal to

vacate a street, alley, portion thereof or any public grounds shall be referred by

the Council to the Planning and Zoning Commission for its study and

recommendation prior to further consideration by the Council. The

Commission shall submit a written report including recommendations to the

Council within thirty (30) days after the date the proposed vacation is referred

to the Commission.

(Code of Iowa, Sec. 392.1)

137.03 NOTICE OF VACATION HEARING. The Council shall cause to

be published a notice of public hearing of the time at which the proposal to

vacate shall be considered.

137.04 FINDINGS REQUIRED. No street, alley, portion thereof or any

public grounds shall be vacated unless the Council finds that:

1. Public Use. The street, alley, portion thereof or any public

ground proposed to be vacated is not needed for the use of the public,

and therefore, its maintenance at public expense is no longer justified.

2. Abutting Property. The proposed vacation will not deny owners

of property abutting on the street or alley reasonable access to their

property.

137.05 DISPOSAL OF VACATED STREETS OR ALLEYS. When in the

judgment of the Council it would be in the best interest of the City to dispose of

a vacated street or alley, portion thereof or public ground, the Council may do

so in accordance with the provisions of Section 364.7, Code of Iowa.

(Code of Iowa, Sec. 364.7)

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VACATION AND DISPOSAL OF STREETS

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137.06 DISPOSAL BY GIFT LIMITED. The City may not dispose of real

property by gift except to a governmental body for a public purpose.

(Code of Iowa, Sec. 364.7[3])

EDITOR’S NOTE

The following ordinances, not codified herein and specifically saved from repeal, have

been adopted vacating certain streets, alleys and/or public grounds and remain in full

force and effect.

ORDINANCE NO. ADOPTED ORDINANCE NO. ADOPTED

121

123

144

174

194

195

203

204

221

223

226

251

289

408

458

466A

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CHAPTER 138

STREET GRADES

138.01 Established Grades 138.02 Record Maintained

138.01 ESTABLISHED GRADES. The grades of all streets, alleys and

sidewalks, which have been heretofore established by ordinance are hereby

confirmed, ratified and established as official grades.

138.02 RECORD MAINTAINED. The Clerk shall maintain a record of all

established grades and furnish information concerning such grades upon

request.

EDITOR’S NOTE

The following ordinances not codified herein, and specifically saved from repeal, have

been adopted establishing street and/or sidewalk grades and remain in full force and

effect.

ORDINANCE NO. ADOPTED ORDINANCE NO. ADOPTED

290

292

381

125

131

132

133

139

140

233

CHAPTER 138

STREET GRADES

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CHAPTER 139

NAMING OF STREETS

139.01 Naming New Streets 139.04 Official Street Name Map

139.02 Changing Name of Street 139.05 Revision of Street Name Map

139.03 Recording Street Names

139.01 NAMING NEW STREETS. New streets shall be assigned names in

accordance with the following:

1. Extension of Existing Street. Streets added to the City that are

natural extensions of existing streets shall be assigned the name of the

existing street.

2. Resolution. All street names, except streets named as a part of a

subdivision or platting procedure, shall be named by resolution.

3. Planning and Zoning Commission. Proposed street names shall

be referred to the Planning and Zoning Commission for review and

recommendation.

139.02 CHANGING NAME OF STREET. The Council may, by

resolution, change the name of a street.

139.03 RECORDING STREET NAMES. Following official action naming

or changing the name of a street, the Clerk shall file a copy thereof with the

County Recorder, County Auditor and County Assessor.

(Code of Iowa, Sec. 354.26)

139.04 OFFICIAL STREET NAME MAP. Streets within the City are

named as shown on the Official Street Name Map which is hereby adopted by

reference and declared to be a part of this chapter. The Official Street Name

Map shall be identified by the signature of the Mayor, and bearing the seal of

the City under the following words: “This is to certify that this is the Official

Street Name Map referred to in Section 139.04 of the Code of Ordinances of

Bloomfield, Iowa.”

139.05 REVISION OF STREET NAME MAP. If in accordance with the

provisions of this chapter, changes are made in street names, such changes shall

be entered on the Official Street Name Map promptly after the change has been

approved by the Council with an entry on the Official Street Name Map as

follows: “On (date), by official action of the City Council, the following

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changes were made in the Official Street Name Map: (brief description),”

which entry shall be signed by the Mayor and attested by the Clerk.

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CHAPTER 140

CURB CUTS

140.01 Permit Required 140.06 Joints

140.02 Permit Fee 140.07 Excavations

140.03 Sidewalks 140.08 Inspection

140.04 Curb and Gutter Removal 140.09 Revocation of Permit

140.05 Curb and Gutter Installation 140.10 Costs

140.01 PERMIT REQUIRED. A written permit shall be obtained before

any person breaks out or removes any City curb and gutter and all costs related

to the removal of existing and installation of a new curb and gutter shall be the

responsibility of the property owner. A written application for the permit shall

be filed with the Public Works Director. The application shall include the name

of the property owner, the address of the property where the work is to be done,

the name and address of the person who will do the work, and the plan of

construction or repair which will be done. The Public Works Director shall

issue the permit if the proposed plan meets all of the requirements of this

chapter, if the permit fee has been paid, if the plan does not create any

substantial hazard in the use of the street or sidewalk for public travel or

drainage, and/or create any defects. Each permit shall expire six (6) months

from the date of issuance, if the work is not completed within that time.

140.02 PERMIT FEE. Before any permit is issued, the person who makes

application shall pay ten dollars ($10.00) to the Public Works Director.

140.03 SIDEWALKS. The grade of any sidewalk shall not be altered by

work done under this chapter except for handicap sidewalk approaches, as

approved by the City. All sidewalks intersecting a driveway shall be

maintained at the same grade and level as the existing sidewalk.

140.04 CURB AND GUTTER REMOVAL. When an approach is to be

constructed and a curb drop is not at the location of the proposed approach, the

entire curb and gutter shall be removed by saw cutting or milling the curb and

gutter perpendicular to the street at both ends of the necessary approach

opening, and then the curb and gutter may be removed. If it is an integrated

curb, then removal of thirty (30) inches of curb and gutter is required.

(Ord. 607 – May 06 Supp.)

140.05 CURB AND GUTTER INSTALLATION. After removal of

existing curb and gutter soil shall be compacted and well drained; where soil is

not compact and well drained, a four-inch sub-base of compact, clean, coarse

gravel must be installed. Two twelve-inch long number 4 rebar shall be

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installed at each end; with six inches to be placed in new and six inches inserted

into old curb and gutter and evenly spaced apart. If it is an integrated concrete

street, then number 4 rebar shall be installed with spacing of twenty-four (24)

inches on center for the length of the curb into the existing street. Concrete

thickness must be equal to the existing curb and gutter, but not less than six

inches thick and existing flow line must be maintained. The concrete shall be

type III with a minimum strength of 3500 lbs.

140.06 JOINTS. One-half-inch expansion joint must be installed in a line

with the back of the curb.

140.07 EXCAVATIONS. Excavations to do work under this chapter shall be

dug so as to occasion the least possible inconvenience to the public and to

provide for the passage of water along the gutter. All such excavations shall

have proper barricades at all times, and warning lights placed from one-half

hour before sunset to one-half hour after sunrise. Any street, sidewalk or other

public property that is affected by the work shall be restored to as good a

condition or better than it was previous to the excavation.

140.08 INSPECTION. The City will inspect all curb and gutter

replacements before concrete is to be poured. An advance notice of not less

than twenty-four (24) hours shall be given to the City before the concrete is to

be poured. A final inspection will be made after the project is completed to

insure compliance with this chapter. Failure to comply with this chapter will

result in the removal of the curb and gutter and replacement by the City at the

property owner’s expense.

140.09 REVOCATION OF PERMIT. The City may at any time revoke the

permit for any violation of this chapter and may require that the work be

stopped.

140.10 COSTS. If, after thirty (30) days after breaking out or removal of any

concrete curb and gutter, the person so doing shall fail or refuse to replace the

curb and gutter, as provided herein, the City shall have the right to do so

without notice and assess the cost thereof as a special tax against the abutting

property and collect the same according to law.

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CHAPTER 145

DANGEROUS BUILDINGS

145.01 Enforcement Officer 145.05 Conduct of Hearing

145.02 General Definition of Unsafe 145.06 Posting of Signs

145.03 Unsafe Building 145.07 Right to Demolish

145.04 Notice to Owner 145.08 Costs

145.01 ENFORCEMENT OFFICER. The Public Works Director is

responsible for the enforcement of this chapter.

145.02 GENERAL DEFINITION OF UNSAFE. All buildings or structures

which are structurally unsafe or not provided with adequate egress, or which

constitute a fire hazard, or are otherwise dangerous to human life, or which in

relation to existing use constitute a hazard to safety or health, or public welfare,

by reason of inadequate maintenance, dilapidation, obsolescence, or

abandonment, are, for the purpose of this chapter, unsafe buildings. All such

unsafe buildings are hereby declared to be public nuisances and shall be abated

by repair, rehabilitation, demolition, or removal in accordance with the

procedure specified in this chapter.

(Code of Iowa, Sec. 657A.1 & 364.12[3a])

145.03 UNSAFE BUILDING. “Unsafe building” means any structure or

mobile home meeting any or all of the following criteria:

1. Various Inadequacies. Whenever the building or structure, or any

portion thereof, because of (a) dilapidation, deterioration, or decay; (b)

faulty construction; (c) the removal, movement or instability of any

portion of the ground necessary for the purpose of supporting such

building; (d) the deterioration, decay or inadequacy of its foundation; or

(e) any other cause, is likely to partially or completely collapse.

2. Manifestly Unsafe. Whenever, for any reason, the building or

structure, or any portion thereof, is manifestly unsafe for the purpose for

which it is being used.

3. Inadequate Maintenance. Whenever a building or structure, used

or intended to be used for dwelling purposes, because of dilapidation,

decay, damage, faulty construction, or otherwise, is determined by any

health officer to be unsanitary, unfit for human habitation or in such

condition that it is likely to cause sickness or disease.

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4. Fire Hazard. Whenever any building or structure, because of

dilapidated condition, deterioration, damage, or other cause, is

determined by the Fire Marshal or Fire Chief to be a fire hazard.

5. Abandoned. Whenever any portion of a building or structure

remains on a site after the demolition or destruction of the building or

structure or whenever any building or structure is abandoned for a period

in excess of six (6) months so as to constitute such building or portion

thereof an attractive nuisance or hazard to the public.

145.04 NOTICE TO OWNER. The enforcement officer shall examine or

cause to be examined every building or structure or portion thereof reported as

dangerous or damaged and, if such is found to be an unsafe building as defined

in this chapter, the enforcement officer shall give to the owner of such building

or structure written notice stating the defects thereof. This notice may require

the owner or person in charge of the building or premises, within forty-eight

(48) hours or such reasonable time as the circumstances require, to commence

either the required repairs or improvements or demolition and removal of the

building or structure or portions thereof, and all such work shall be completed

within ninety (90) days from date of notice, unless otherwise stipulated by the

enforcement officer. If necessary, such notice shall also require the building,

structure, or portion thereof to be vacated forthwith and not reoccupied until the

required repairs and improvements are completed, inspected and approved by

the enforcement officer.

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

1. Notice Served. Such notice shall be served by sending by

certified mail to the owner of record, according to Section 364.12[3h] of

the Code of Iowa, if the owner is found within the City limits. If the

owner is not found within the City limits such service may be made upon

the owner by registered mail or certified mail. The designated period

within which said owner or person in charge is required to comply with

the order of the enforcement officer shall begin as of the date the owner

receives such notice.

2. Hearing. Such notice shall also advise the owner that he or she

may request a hearing before the Council on the notice by filing a written

request for hearing within the time provided in the notice.

145.05 CONDUCT OF HEARING. If requested, the Council shall conduct

a hearing in accordance with the following:

1. Notice. The owner shall be served with written notice specifying

the date, time and place of hearing.

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DANGEROUS BUILDINGS

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2. Owner’s Rights. At the hearing, the owner may appear and show

cause why the alleged nuisance shall not be abated.

3. Determination. The Council shall make and record findings of

fact and may issue such order as it deems appropriate.

†

145.06 POSTING OF SIGNS. The enforcement officer shall cause to be

posted at each entrance to such building a notice to read: “DO NOT ENTER.

UNSAFE TO OCCUPY. CITY OF BLOOMFIELD, IOWA.” Such notice

shall remain posted until the required repairs, demolition, or removal are

completed. Such notice shall not be removed without written permission of the

enforcement officer and no person shall enter the building except for the

purpose of making the required repairs or of demolishing the building.

145.07 RIGHT TO DEMOLISH. In case the owner fails, neglects, or

refuses to comply with the notice to repair, rehabilitate, or to demolish and

remove the building or structure or portion thereof, the Council may order the

owner of the building prosecuted as a violator of the provisions of this chapter

and may order the enforcement officer to proceed with the work specified in

such notice. A statement of the cost of such work shall be transmitted to the

Council.

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

145.08 COSTS. Costs incurred under Section 145.07 shall be paid out of the

City treasury. Such costs shall be charged to the owner of the premises

involved and levied as a special assessment against the land on which the

building or structure is located, and shall be certified to the County Treasurer

for collection in the manner provided for other taxes.

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

†

EDITOR’S NOTE: Suggested forms of notice and of a resolution and order of the Council for the

administration of this chapter are provided in the APPENDIX to this Code of Ordinances. Caution is

urged in the use of this procedure. We recommend you review the situation with your attorney before

initiating procedures and follow his or her recommendation carefully.

CHAPTER 145

DANGEROUS BUILDINGS

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CODE OF ORDINANCES, BLOOMFIELD, IOWA

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CHAPTER 146

FIRE ZONE

146.01 Fire Zone Established 146.05 Reconstruction Prohibited

146.02 Plans Submitted 146.06 Special Permit

146.03 Buildings Prohibited 146.07 Removal of Buildings

146.04 Construction Standards 146.08 Storage of Materials Restricted

146.01 FIRE ZONE ESTABLISHED. A Fire Zone is established to include

all of the following territory:

Blocks No. Seventeen, Eighteen, Nineteen, Twenty-four, Twenty-six, Thirty-

one, Thirty-two and the North Half of Block Thirty-three of the Original Town

(now City) of Bloomfield, Iowa

146.02 PLANS SUBMITTED. It is unlawful to build, enlarge or alter any

structure, building or part thereof, within the Fire Zone until a plan of the

proposed work, together with a statement of materials to be used has been

submitted to the Council, who shall, if in accordance with the provisions of this

chapter, issue a permit for the proposed work.

146.03 BUILDINGS PROHIBITED. The erection of any building or

structure of any kind, or additions thereto, or substantial alterations thereof,

involving partial rebuilding, are prohibited in the Fire Zone, unless constructed

in strict compliance with the provisions of this chapter.

146.04 CONSTRUCTION STANDARDS. The construction standards for

all buildings, structures, or parts thereof within the Fire Zone shall be of Type I,

Type II, or, at a minimum, Type III - 1 hour fire resistant - construction, as

specified in the Uniform Building Code.

146.05 RECONSTRUCTION PROHIBITED. Any building within the

Fire Zone not constructed in accordance with the provisions of this chapter,

which may hereafter be damaged by fire, decay, or otherwise, shall not be

rebuilt, altered, or reconstructed except in accordance with the provisions of

this chapter.

146.06 SPECIAL PERMIT. The Council may, by four-fifths (4/5) vote,

issue a special permit to improve any property within the Fire Zone contrary to

the provisions of this chapter, on condition that such improvement shall not

increase the rates for fire insurance or the fire hazard potential of the area, or to

allow any person to erect or move in any building or structure for temporary

purposes for a period of time not exceeding six (6) months from the date of

such permission.

CHAPTER 146

FIRE ZONE

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146.07 REMOVAL OF BUILDINGS. Any person who erects any building

in the Fire Zone, contrary to the provisions of this chapter, shall be given

written notice by the Mayor to remove or tear down the same, and if such

removal or taking down is not completed within thirty (30) days from the time

of the service of such notice, the Mayor shall cause the same to be removed or

taken down. The Mayor shall report an itemized bill of the expense to the

Clerk, and the same shall be charged to the person owning such building. The

Clerk shall present the bill to the owner of the property and if the bill is not paid

within ten (10) days from the date it is presented, the amount of the bill shall be

certified, by the Clerk, to the County Treasurer, as a lien against the property

and collected the same as other taxes.

146.08 STORAGE OF MATERIALS RESTRICTED. No person shall

have or deposit any grain stack, pile of rubbish, explosives, hazardous

chemicals or other flammable substance within the Fire Zone, nor shall any

person have or deposit any cord wood or fire wood, within the Fire Zone

without written permission from the Mayor, specifying the maximum amount

of such cord wood or fire wood, that may be kept, stored, or deposited on any

lot or part of a lot within the Fire Zone, unless the same be within one of the

buildings allowed by this chapter. No person shall build or allow any fires,

whether trash fires or otherwise, within the Fire Zone as described in this

chapter.

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CHAPTER 150

BUILDING NUMBERING

150.01 Definitions 150.03 Building Numbering Plan

150.02 Owner Requirements

150.01 DEFINITIONS. For use in this chapter, the following terms are

defined:

1. “Owner” means the owner of the principal building.

2. “Principal building” means the main building on any lot or

subdivision thereof.

150.02 OWNER REQUIREMENTS. Every owner shall comply with the

following numbering requirements:

1. Obtain Building Number. The owner shall obtain the assigned

number to the principal building from the Clerk.

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

2. Display Building Number. The owner shall place or cause to be

installed and maintained on the principal building the assigned number

in a conspicuous place to the street in figures not less than three (3)

inches in height and of a contrasting color with their background.

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

3. Failure to Comply. If an owner refuses to number a building as

herein provided, or fails to do so for a period of thirty (30) days after

being notified in writing by the City to do so, the City may proceed to

place the assigned number on the principal building and assess the costs

against the property for collection in the same manner as a property tax.

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

150.03 BUILDING NUMBERING PLAN. Building numbers shall be

assigned in accordance with the building numbering plan on file in the office of

the Clerk.

CHAPTER 150

BUILDING

NUMBERING

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CHAPTER 151

TREES

151.01 Definition 151.04 Trimming Trees to be Supervised

151.02 Planting Prohibited 151.05 Disease Control

151.03 Duty to Trim Trees 151.06 Inspection and Removal

151.01 DEFINITION. For use in this chapter, “parking” means that part of

the street, avenue or highway in the City not covered by sidewalk and lying

between the lot line and the curb line; or, on unpaved streets, that part of the

street, avenue or highway lying between the lot line and that portion of the

street usually traveled by vehicular traffic.

151.02 PLANTING PROHIBITED. No tree shall be planted in any parking

or street.

151.03 DUTY TO TRIM TREES. The owner or agent of the abutting

property shall keep the trees on, or overhanging the street, trimmed so that all

branches will be at least fifteen (15) feet above the surface of the street and

eight (8) feet above the sidewalks. If the abutting property owner fails to trim

the trees, the City may serve notice on the abutting property owner requiring

that such action be taken within five (5) days. If such action is not taken within

that time, the City may perform the required action and assess the costs against

the abutting property for collection in the same manner as a property tax.

(Code of Iowa, Sec. 364.12[2c, d & e])

151.04 TRIMMING TREES TO BE SUPERVISED. Except as allowed in

Section 151.03, it is unlawful for any person to trim or cut any tree in a street or

public place unless the work is done under the supervision of the City.

151.05 DISEASE CONTROL. Any dead, diseased or damaged tree or shrub

which may harbor serious insect or disease pests or disease injurious to other

trees is hereby declared to be a nuisance.

151.06 INSPECTION AND REMOVAL. The Council shall inspect or

cause to be inspected any trees or shrubs in the City reported or suspected to be

dead, diseased or damaged, and such trees and shrubs shall be subject to the

following:

1. City Property. If it is determined that any such condition exists

on any public property, including the strip between the curb and the lot

line of private property, the Council may cause such condition to be

corrected by treatment or removal. The Council may also order the

CHAPTER 151

TREES

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removal of any trees on the streets of the City which interfere with the

making of improvements or with travel thereon.

2. Private Property. If it is determined with reasonable certainty that

any such condition exists on private property and that danger to other

trees or to adjoining property or passing motorists or pedestrians is

imminent, the Council shall notify by certified mail the owner, occupant

or person in charge of such property to correct such condition by

treatment or removal within fourteen (14) days of said notification. If

such owner, occupant or person in charge of said property fails to

comply within 14 days of receipt of notice, the Council may cause the

condition to be corrected and the cost assessed against the property.

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

CODE OF ORDINANCES, BLOOMFIELD, IOWA

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CHAPTER 152

OUTDOOR FURNACES

152.01 Title 152.06 Specific Requirements

152.02 Intent 152.07 Suspension of Permit

152.03 Definitions 152.08 Waivers

152.04 Permit Required 152.09 Enforcement Revocation of Permit

152.05 Existing Outdoor Furnaces 152.10 Effect of Other Regulations

152.01 TITLE. This chapter shall be known as the City of Bloomfield

Outdoor Furnace Local Ordinance.

152.02 INTENT. Although outdoor furnaces may provide an economical

alternative to conventional heating systems, concerns have been raised

regarding the safety and environmental impacts of these heating devices,

particularly the production of offensive odors and potential health effects of

uncontrolled emissions. This chapter is intended to ensure that outdoor

furnaces are utilized in a manner that does not create a nuisance and is not

detrimental to the health, safety and general welfare of the residents of the City.

152.03 DEFINITIONS.

1. “Firewood” means trunks and branches of trees and bushes but

does not include leaves, needles, vines or brush smaller than three inches

(3'') in diameter.

2. “Outdoor furnace” means any equipment, device or apparatus, or

any part thereof, which is installed, affixed or situated outdoors for the

primary purpose of combustion of fuel to produce heat or energy used as

a component of a heating system providing heat for any interior space.

3. “Untreated lumber” means dry wood which has been milled and

dried but which has not been treated or combined with any petroleum

product, chemical, preservative, glue, adhesive, stain, paint, or other

substance.

152.04 PERMIT REQUIRED. No person shall cause, allow or maintain the

use of an outdoor furnace within the City without first having obtained a permit

from the Public Works Director. Application for permit shall be made to the

Public Works Director on the forms provided by the City.

152.05 EXISTING OUTDOOR FURNACES. Any outdoor furnace in

existence on the effective date of this local ordinance shall be permitted to

remain provided that the owner applies for and receives a permit from the

Public Works Director within one (1) year of such effective date; provided,

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however, that upon the effective date of this local ordinance all the provisions

hereof except paragraphs 152.06 (2) and (3) shall apply to existing outdoor

furnaces. All of the provisions of this chapter shall continue to apply to existing

outdoor furnaces which receive permits except paragraphs 152.06 (2) and (3).

If the owner of an existing outdoor furnace does not receive a permit within one

(1) year of the effective date of this local ordinance, the outdoor furnace shall

be removed. “Existing” or “in existence” means that the outdoor furnace is in

place on the site.

152.06 SPECIFIC REQUIREMENTS.

1. Permitted Fuel. Only firewood and untreated lumber are

permitted to be burned in any outdoor furnace. Burning of any other

materials in an outdoor furnace is prohibited.

2. Minimum Lot Size. Outdoor furnaces shall be permitted only on

lots of three (3) acres or more.

3. Setbacks. Outdoor furnaces shall be set back not less than 200

feet (200') from the nearest lot line.

4. Months of Operation. Outdoor furnaces shall be operated only

between September 1

and May 31

5. Spark Arrestors. All outdoor furnaces shall be equipped with

properly functioning spark arrestors.

152.07 SUSPENSION OF PERMIT. A permit issued pursuant to this

chapter may be suspended as the Public Works Director may determine to be

necessary to protect the public health, safety and welfare of the residents of the

City if any of the following conditions occur:

1. Malodorous air contaminants from the outdoor furnace are

detectable outside the property of the person on whose land the outdoor

furnace is located.

2. The emissions from the outdoor furnace interfere with the

reasonable enjoyment of life or property.

3. The emissions from the outdoor furnace cause damage to

vegetation or property.

4. The emissions from the outdoor furnace are or may be harmful to

human or animal health.

A suspended permit may be reinstated once the condition which resulted in

suspension is remedied and reasonable assurances are given that such condition

will not recur. Recurrence of a condition which has previously resulted in

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suspension of a permit shall be considered a violation of this chapter subject to

the penalties provided in Section 152.09 hereof.

152.08 WAIVERS. Where the City Council finds that extraordinary and

unnecessary hardships may result from strict compliance with this chapter, it

may vary the regulations so that substantial justice may be done and the public

interest secured, provided that such variations will not have the effect of

nullifying the intent and purpose of this chapter or of jeopardizing the health,

safety or welfare of the public. In varying any regulations, the Council may

impose such conditions and requirements as it deems reasonable and prudent.

The Council, at its discretion, may hold a public hearing as part of its review. If

the Council grants the waiver, a permit shall be issued for the outdoor furnace.

If the Council denies the waiver, the outdoor furnace must either be brought

into compliance with this chapter or removed. If the Council does not take any

action with respect to the waiver within sixty (60) days from receipt of an

application for waiver, the waiver shall be deemed denied.

152.09 ENFORCEMENT REVOCATION OF PERMIT. Failure to

comply with any of the provisions of this chapter shall be a violation and, shall

be punishable by a fine of not more than $500 for the first offense. Any

subsequent offense shall be punishable by a fine of not more than $1000. In

addition, any permit issued pursuant to this chapter shall be revoked upon a

second offense and the subject outdoor furnace shall not be eligible for another

permit. Each day that a violation occurs shall constitute a separate offense.

The owners of premises upon which prohibited acts occur shall be jointly and

severally liable for violations of this chapter. Any fine imposed hereunder shall

constitute a lien upon the real property where the outdoor furnace is located

until paid.

152.10 EFFECT OF OTHER REGULATIONS. Nothing contained herein

shall authorize or allow burning which is prohibited by codes, laws, rules, or

regulations promulgated by any other federal, state, regional or local agency.

Outdoor furnaces and any electrical, plumbing or other apparatus or device used

in connection with an outdoor furnace, shall be installed, operated and

maintained in conformity with the manufacturer's specifications and any and all

local, State and Federal codes, laws, rules and regulations. In case of a conflict

between any provision of this chapter and any applicable Federal, State or local

ordinances, codes, laws, rules or regulations, the more restrictive or stringent

provision or requirement shall prevail.

(Ch. 152 - Ord. 618 – July 06 Supp.)

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CHAPTER 165

ZONING REGULATIONS

165.01 Scope and Interpretation 165.19 Building Lines on Approved Plats

165.02 Definitions 165.20 Exceptions to Front Yard Requirements

165.03 Establishment of Districts; Zoning Map 165.21 Setback Requirements for Outdoor Advertising

165.04 Interpretation of District Boundaries Signs

165.05 Application of District Regulations 165.22 Zoning Annexed Areas

165.06 R-1 Single-Family Residence District 165.23 Exceptions and Modifications

165.07 R-2 One- and Two-Family Residence District 165.24 Nonconforming Uses

165.08 R-3 Multi-Family Residence District 165.25 Building Permits

165.09 C-1 Commercial District 165.26 Certificate of Zoning Compliance

165.10 C-2 Commercial Central Business District 165.27 Powers and Duties of Administrative Official

165.11 M

1 Ligh

Industrial

District

165.2

8 Scope of Permits and Certificate

Zoning

5.12 M

2 Heavy I

ndustri

al Distr

Complian

65.13 Pa

rking and

Load

ing Areas

165.29 B

oard o

f Adjustmen

65.14 Vi

sibility

at Int

ersecti

ons

In R Di

stricts

165.30 Duties o

City Counc

il and City Off

icials

165.15 Fences, Walls and V

Cleara

165.31 Fee Sched

ule

5.16 St

eet Frontag

.32 Amen

dments

5.17

Accessory

Structu

Res

trictions

5.3

3 Investi

gation A

uthori

165.

Corner

Lot Requirements

165.01 SCOPE AND INTERPRETATION. In their interpretation and

application, the provisions of this chapter shall be held to be minimum

requirements. Where this chapter imposes a greater restriction than is imposed

or required by other provisions of law or by other rules and regulations or

ordinances, the provisions of this chapter shall control.

165.02 DEFINITIONS. For the purpose of this chapter, the following terms

are defined. As used herein, the words “used” or “occupied” include the words

“intended, assigned, or arranged to be used or occupied,” and the word “lot”

includes the words “plot or parcel.”

1. “Accessory structure” means a detached subordinate structure, the

use of which is customarily incidental to that of the main building or to

the main building or use. Such a structure does not include dwelling

units or living quarters. Accessory structures include, but are not limited

to: small buildings (including portable storage sheds), fences, decks,

porches, swimming pools, paved drive/parking, and signs.

(Ord. 700 – Aug. 19 Supp.)

2. “Accessory use” means a use subordinate to the main use of land

or a building on a lot and customarily incidental thereto.

3. “Alley” means a public way, other than a street, twenty (20) feet

or less in width, affording secondary means of access to abutting

property.

4. “Apartment” means a room or suite of rooms in a multiple

dwelling intended or designed for use as a residence by a single family.

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5. “Basement” means a story having part but not more than one-half

(½) its height below grade. A basement is counted as a story if the

vertical distance from the average adjoining grade to its ceiling is over

five (5) feet.

6. “Billboard” includes all structures, regardless of the material used

in the construction of the same, that are erected, maintained or used for

public display of posters, painted signs, wall signs, whether the structure

is placed on the wall or painted on the wall itself, and pictures or other

pictorial reading matter which advertise a business or attraction which is

not carried on or manufactured in or upon the premises upon which said

signs or billboards are located.

7. “Board” means the Board of Adjustment of the City.

8. “Boardinghouse” means a building other than a hotel, where for

compensation, meals and/or lodging are provided for four (4) or more

persons.

9. “Building” means any structure designed or intended for the

support, enclosure, shelter or protection of persons, animals or property,

but not including signs or billboards.

10. “Building, height of” means the vertical distance from the average

natural grade at the building line to the highest point of the coping of a

flat roof, or to the deck line of a mansard roof, or to the mean height

level between eaves and ridges for gable, hip and gambrel roofs. On a

corner lot, the height is the mean vertical distance from the average

natural grade at the building line from the higher of the two (2) grades.

11. “Bulk stations” means distributing stations, commonly known as

bulk or tank stations, used for the storage and distribution of flammable

liquids or liquefied petroleum products, where the aggregate capacity of

all storage tanks is more than twelve thousand (12,000) gallons.

12. “Cellar” means that portion of a building having more than one-

half (½) of its height below grade. A cellar is not included in computing

the number of stories for the purpose of height measurement.

13. “District” means a section or sections of the City within which the

regulations governing the use of buildings and premises or the height

and area of buildings and promises are uniform.

14. “Dwelling” means any building or portion thereof which is

designed or used exclusively for residential purposes, but not including a

tent, cabin, trailer or trailer coach.

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15. “Dwelling, single-family” means a building designed for or

occupied exclusively for residence purposes by one family.

16. “Dwelling, multiple” means a dwelling or portion thereof

designed for or occupied by more than two (2) families with separate

housekeeping and cooking facilities for each.

17. “Dwelling, two-family” means a dwelling designed for or

occupied exclusively by two families with separate housekeeping and

cooking facilities for each.

18. “Family” means one or more persons occupying a single

housekeeping unit and using common cooking facilities, provided that

unless all members are related by blood, adoption or marriage, no such

family shall contain over five (5) persons.

19. “Frontage” means all the property on one side of a street between

two (2) intersecting streets (crossing or terminating) measured along the

line of the street, or if the street is dead-ended, then all of the property

abutting on one side between an intersecting street and the dead end of

the street.

20. “Garage, private” means an accessory building, or an accessory

portion of the main building, designed and/or used for the shelter or

storage of vehicles owned or operated by the occupants of the main

building, except that a one- or two-car capacity garage may be rented for

the private vehicles of persons not residents on the premises.

21. “Garage, public” means any building or premises, other than a

private garage, used for equipping, refueling, servicing, repairing, hiring,

selling or storing motor-driven vehicles.

22. “Grade” means the average elevation of the finished ground at the

exterior walls of the main building.

23. “Hotel” means a building in which lodging is provided and

offered to the public for compensation and which is open to transient

guests, in contradistinction to a boarding house or lodging house.

24. “Junkyard” means any area where waste, discarded or salvaged

materials are bought, sold, exchanged, baled or packed, disassembled or

handled, including house wrecking yards, used lumber yards and places

or yards for storage of salvaged house wrecking and structural steel

materials and equipment; but not including areas where such uses are

conducted entirely within a completely enclosed building, and the

processing of used, discarded or salvaged materials as part of

manufacturing operations.

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25. “Lodging house” means a building where lodging, only, is

provided for compensation for four (4) or more persons.

26. “Lot,” for zoning purposes, as covered by this chapter, is a parcel

of land of at least sufficient size to meet minimum zoning requirements

for use, coverage and area, and to provide such yards and other open

spaces as are herein required. Such lot shall have frontage on a

dedicated or private street, and may consist of:

A. A single lot of record;

B. A portion of a lot of record;

C. A combination of complete lots of record, of complete lots

of record and portions of lots of records, or of portions of lots of

record;

D. A parcel of land described by metes and bounds; provided

that in no case of division shall any residual lot or parcel be

created which does not meet the requirements of this Code of

Ordinances.

27. “Lot measurement” includes:

A. “Depth” is the mean horizontal distance between the front

and rear lot lines.

B. “Width” is considered to be the distance between straight

lines connecting front and rear lot lines at each side of the lot,

measured across the rear of the required front yard.

28. “Lot of record” means a lot which is part of a subdivision, the

deed of which is recorded in the office of the County Recorder or a lot or

parcel described by metes and bounds, the description of which has been

so recorded.

29. “Lot types” are as follows:

†

A. “Corner lot” means a lot located at the intersection of two

(2) or more streets.

B. “Interior lot” means a lot other than a corner lot with only

one frontage on a street.

C. “Double frontage lot” means a lot other than a corner lot

with frontage on more than one street other than an alley. Lots

with frontage on two (2) nonintersecting streets may be referred

to as “through” lots.

†

Editor’s Note: Lot types are illustrated in Plate 1, on file in the City Clerk’s office.

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D. “Reversed corner lot” means a corner lot, the side street

line of which is substantially a continuation of the front lot line of

the first lot to its rear.

30. “Manufactured home” means a factory-built structure, built under

the authority of 42 U.S.C. Sec. 5403, which was constructed on or after

June 15, 1976, and is required by Federal law to display a seal from the

United States Department of Housing and Urban Development.

31. “Manufactured home community” means any site, lot, field or

tract of land under common ownership upon which ten or more occupied

manufactured homes are harbored, either free of charge or for revenue

purposes, and includes any building, structure or enclosure used or

intended for use as part of the equipment of the manufactured home

community.

32. “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 also includes any

such vehicle with motive power not registered as a motor vehicle in

Iowa. A mobile home means any such vehicle built before June 15,

1976, which was not built to a mandatory building code and which

contains no State or Federal seals.

33. “Mobile home park” means any lot or portion of a lot upon which

three (3) or more mobile homes or manufactured homes (or a

combination of any of these homes) are placed on developed spaces and

operated as a for-profit enterprise with water, sewer or septic and

electrical services available.

34. “Modular home” means a factory-built structure which is

manufactured to be used as a place of human habitation, is constructed to

comply with the Iowa State Building Code for modular factory-built

structures, and displays the seal issued by the State Building Code

Commissioner.

35. “Motel” or “motor lodge” means a building or group of attached

or detached buildings containing individual sleeping or living units for

overnight auto tourists, with garage attached or parking facilities

conveniently located to each such unit.

36. “Nonconforming use” means use of a building or of land that does

not conform to the regulations as to use for the district in which it is

situated.

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37. “Nursing or convalescent home” means a building or structure

having accommodations and where care is provided for invalid, infirm,

aged, convalescent, or physically disabled persons, not including insane

and other mental cases, inebriate or contagious cases.

38. “Parking space” means a permanently surfaced area of not less

than two hundred fifty (250) square feet either within a structure or in the

open, exclusive of driveway or access drives, for the parking of a motor

vehicle.

39. “Sign” means any device designed to inform or attract the

attention of persons not on the premises on which the sign is located;

provided, however, the following are not included in the application of

the regulations herein:

A. Signs not exceeding one square foot in area and bearing

only property numbers, post box numbers, names of occupants of

premises, or other identification of premises not having

commercial connotations;

B. Flags and insignia of any government except when

displayed in connection with commercial promotion;

C. Legal notices, identification, information or directional

signs erected or required by governmental bodies;

D. Integral decorative or architectural features of buildings,

except letters, trademarks, moving parts or moving lights;

E. Signs directing and guiding traffic and parking on private

property, but bearing no advertising matter.

40. “Sign, off-site” means a sign other than an on-site sign. (See also

“billboards.”)

41. “Sign, on-site” means a sign relating in its subject matter to the

premises on which it is located, or to products, accommodations,

services or activities on the premises. On-site signs do not include signs

erected by the outdoor advertising industry in the conduct of the outdoor

advertising business.

42. “Signs, number and surface area” includes:

A. For the purpose of determining number of signs, a sign

shall be considered to be a single display surface or display device

containing elements organized, related and composed to form a

unit. Where matter is displayed in a random manner without

organized relationship of elements, or where there is reasonable

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doubt about the relationship of elements, each element shall be

considered to be a single sign.

B. The surface area of a sign shall be computed as including

the entire area within a regular geometric form or combination of

regular geometric forms comprising all of the display area of the

sign and including all of the elements of the matter displayed.

Frames and structural members not bearing advertising matter

shall not be included in computation of the surface area.

43. “Story” means that portion of a building included between the

surface of any floor and the surface of the floor next above it, or if there

is no floor above it, then the space between the floor and the ceiling or

roof next above it.

44. “Story, half” means a space under a sloping roof which has the

line of intersection of roof decking and wall face not more than four (4)

feet above the top floor level. A half story containing independent

apartments or living quarters is counted as a full story.

45. “Street” means a public or private thoroughfare which affords the

principal means of access to abutting property.

46. “Street line” means a dividing line between a lot, tract or parcel of

land and a contiguous street.

47. “Structural alterations” means any replacement or changes in the

type of construction or in the supporting members of a building, such as

bearing walls or partitions, columns, beams or girders, beyond ordinary

repairs and maintenance.

48. “Structure” means anything constructed or erected with a fixed

location on the ground, or attached to something having a fixed location

on the ground. Among other things, structures include buildings, walls,

fences, billboards and poster panels.

49. “Tourist home” means a residential building in which rooms are

available for rental purposes as overnight sleeping accommodations

primarily for automobile travelers.

50. “Yard” means an open space on the same lot with a building,

unoccupied and unobstructed by any portion of a structure from the

ground upward excepting as otherwise provided herein. In measuring a

yard for the purpose of determining the depth of a front yard or the depth

of a rear yard, the least distance between the lot line and the main

building shall be used. Fences and walls are permitted in any yard,

subject to height limitations as indicated herein.

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51. “Yard, front” means a yard extending across the full width of the

lot and situated between the front lot line and the building line. The

depth of the front yard shall be measured between the building line and

front lot line. Covered porches and garages, whether enclosed or

unenclosed, shall be considered as part of the main building and shall not

project into a required front yard.

52. “Yard, rear” means a yard extending across the full width of the

lot and measured between the rear lot line and the building or any

projections other than steps, unenclosed balconies or unenclosed

porches. On corner lots, the rear yard shall be considered as adjoining

the street upon which the lot has its greater dimension. On both corner

lots and interior lots the rear yard is at the opposite end of the lot from

the front yard.

53. “Yard, side” means a yard extending from the front yard to the

rear yard and measured between the side lot lines and the building.

165.03 ESTABLISHMENT OF DISTRICTS; ZONING MAP. For the

purpose of this chapter, the following seven (7) classes of districts are hereby

established within the City as shown on the Official Zoning Map which,

together with any explanatory matter thereon, is hereby adopted by reference

and declared to be a part a this chapter.

R-1 Single-Family Residence District

R-2 One and Two-Family Residence District

R-3 Multi-Family Residence District

C-1 Commercial District

C-2 Commercial District

M-1 Light Industrial District

M-2 Heavy Industrial District

The Official Zoning Map shall be identified by the signature of the Mayor

attested by the Clerk under the following words: This is to certify that this is

the Official Zoning Map referred to in the Code of Ordinances of the of the City

of Bloomfield, Iowa, adopted __________________. If, in accordance with the

provisions of this chapter and Chapter 414 of Code of Iowa, changes are made

in district boundaries or other matter portrayed on the Official Zoning Map,

copies of such changes shall be filed with the Official Zoning Map promptly

after the amendment has been approved by the Council. Regardless of the

existence of purported copies of the Official Zoning Map which may from time

to time be made or published, the Official Zoning Map, together with amending

ordinances, shall be the final authority as the current zoning status of land and

water areas, buildings and other structures in the City. In the event that the

Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret

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because of use, the Council may by resolution, adopt a new Official Zoning

Map which shall supersede the prior Official Zoning Map. The new Official

Zoning Map may correct drafting or other errors or omissions in the prior

Official Zoning Map, but no such correction shall have the effect of amending

the original Zoning Ordinance or any subsequent amendment thereof. The

Official Zoning Map shall be identified by the signature of the Mayor attested

by the Clerk, under the following words: This is to certify that this Official

Zoning Map supersedes and replaces the Official Zoning Map adopted (date of

adoption of map being replaced) as part of the Code of Ordinances of the City

of Bloomfield, Iowa.

†

165.04 INTERPRETATION OF DISTRICT BOUNDARIES. In the cases

where the exact location of a district boundary is not clear as shown on the

Official Zoning Map, the following rules shall be used in determining the

location of said district boundary:

1. Boundaries indicated as approximately following the centerlines

of streets, highways or alleys shall be construed to follow such

centerlines.

2. Boundaries indicated as approximately following platted lot lines

shall be construed as following such lot lines.

3. Boundaries indicated as approximately following City limits shall

be construed as following City limits.

4. Boundaries indicated as following railroad lines shall be

construed to be midway between the main tracks.

5. Boundaries indicated as following shore lines shall be construed

to follow such shore lines, and in the event of change in the shore line

shall be construed as moving with the actual shore line; boundaries

indicated as approximately following the centerlines of streams, rivers,

canals, lakes or other bodies of water shall be construed to follow such

centerlines.

6. Boundaries indicated as parallel to or extensions of features

indicated in subsections 1 through 5 above shall be so construed.

Distances not specifically indicated on the Official Zoning Map shall be

determined by the scale of the Map.

7. Where physical or cultural features existing on the ground are at

variance with those shown on the Official Zoning Map, or in other

†

See EDITOR’S NOTE at the end of this chapter for ordinances amending the zoning map.

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circumstances not covered by subsections 1 through 5 above, the Board

of Adjustment shall interpret the district boundaries.

165.05 APPLICATION OF DISTRICT REGULATIONS. The regulations

set by this chapter within each district shall be minimum regulations and shall

apply uniformly to each class or kind of structure or land, and particularly,

except as hereinafter provided:

1. No building, structure or land shall hereafter be used and no

building or structure or part thereof shall hereafter be erected,

constructed, reconstructed or structurally altered unless in conformity

with all of the regulations herein specified for the district in which it is

located.

2. No building or other structure shall hereafter be erected or altered:

A. To exceed the height,

B. To accommodate or house a greater number of families,

C. To occupy a greater percentage of lot area, or

D. To have narrower or smaller rear yards, front yards, side

yards or other open spaces;

than herein required; or in any other manner contrary to the provisions of

this chapter.

3. No part of a yard, or other open space, or off-street parking or

loading space required about or in connection with any building for the

purpose of complying with this chapter shall be included as part of a

yard, open space or off-street parking or loading space similarly required

for any other building.

4. No yard or lot existing as of April 1, 1963, shall be reduced in

dimension or area below the minimum requirements set forth herein.

Yards or lots created after the effective date of this chapter shall meet at

least the minimum requirements established by this chapter.

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165.06 R-1 SINGLE-FAMILY RESIDENCE DISTRICT. In R-1 Districts

the following regulations shall apply, except as otherwise provided herein:

1. Permitted Uses. Uses permitted in an R-1 District are as follows:

A. Single-family dwellings. No temporary buildings, trailers

or mobile homes, tents, portable or potentially portable structures

shall be used for dwelling purposes.

B. Modular homes.

C. Manufactured homes.

D. Duplexes.

E. Single apartment within principal dwelling.

F. Churches and accessory buildings.

G. Museums, libraries, parks, playgrounds, community

centers and similar uses operated by the City.

H. Golf courses, country clubs, tennis courts and similar

recreational uses, provided that any such use not be operated

primarily for commercial gain.

I. Private swimming pools. (Ord. 700 – Aug. 19 Supp.)

J. Public and private schools and colleges for academic

instruction.

K. Nursery schools, child nurseries.

L. See Section 165.23(2) of this chapter for Special Uses.

2. Accessory Uses. Accessory uses in an R-1 District include the

following:

A. Signs on Site. Only one sign, not exceeding twelve (12)

square feet in area, pertaining only to the lease, hire or sale of the

building or premises on which said sign is located, which shall be

removed not later than thirty days after said premises has been

leased, hired or sold. Such sign may have attached to it another

sign indicating that the property has been sold, which shall not

exceed one square foot and shall not emit any flickering, flashing

or glaring lights. Only one nameplate, affixed to the home,

relative to a home occupation or a permitted use not exceeding

two square feet in area, providing that no such sign or nameplate

shall emit any flickering or glaring light. Also, only one

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identification sign, appertaining only to temporary identification

on the premises where a building is to be erected, identifying the

type and use of the building to be constructed on the premises, the

name of the owner and/or contractor or other information

pertaining to the building project. Such temporary identification

sign is not to be placed on the premises until a building permit has

been issued for construction of the building, and not placed on the

premises more than ninety days before actual construction is

scheduled to begin, and the sign shall be removed as soon as, or

before, the construction is completed or as soon as the building

permit may be canceled, for reasons as provided in this chapter,

by the administration official. Such sign is not to exceed thirty-

two square feet.

B. Informational and Directional Signs – Off-site, Non-

commercial. A religious, service, fraternal, educational or other

similar nonprofit organization, corporation or society may erect

off-site signs providing directional information only, provided

that said sign may not exceed four square feet. Such sign may be

erected only after obtaining the permission of the land owner

upon which said sign is to be erected. No sign may be attached to

or affixed to any City utility pole or sign post. Such sign may not

be lower than four feet from ground level or higher than seven

feet and the same may not be erected in such a fashion as to

obstruct vehicular traffic vision.

C. On-site Signs – Noncommercial. A religious, fraternal

service, educational or other similar nonprofit organization,

corporation or society may erect on-site, signs not exceeding

thirty-two square feet, providing information to the general public

relative to the purposes and meeting times and dates.

D. Private garage, which may include living quarters of

domestic servants employed on the premises and may include a

one dwelling unit apartment but only if there is no apartment

within the principal dwelling.

E. Normal accessory buildings and structures for a dwelling

such as children’s playhouses shall not be used for dwelling

purposes, radio and television receiving antennas, barbecue pits,

playground equipment, tennis courts, wind generators,

communication dishes, recreational antennas and solar collectors.

F. Normal accessory buildings and structures for public

recreational areas such as refreshment stands, playground

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equipment, all-weather shelters, tennis courts, barbecue pits,

swimming pools, etc.

G. Animals such as cats, dogs, birds, tropical fish, etc., which

are normally allowed to run free or are housed within the

dwelling. Horses, cows, sheep, chickens, hogs, etc. normally

considered domestic, farm or wild and untamed animals shall be

excluded.

H. Flower and vegetable gardening for noncommercial gain.

I. Greenhouses and horticultural nurseries for noncommercial

gain.

J. Customary Home Occupations.

(1) Provisions for home occupations are intended to

establish certain customary occupations of low commercial

intensity in dwelling units while: (i) preserving the

primary residential character of those sections of the City

zoned for residential purposes; and (ii) minimizing any

unusual traffic, congestion or similar disturbance of those

residential areas.

(2) A customary home occupation includes any

occupation or profession conducted entirely in a dwelling

unit where the only goods or services rendered in

connection with the said occupation are goods and services

manufactured solely on the premises, and provided that:

a. No person other than members of the

immediate family residing on the premises shall be

engaged in such occupation.

b. The use of the dwelling unit for the home

occupation shall be clearly incidental and

subordinate to its use for residential purposes by its

occupants, and not more than fifty percent of the

area of any one floor of the dwelling unit, including

the basement, shall be used in the conduct of the

home occupation.

c. There shall be no change in the outside

appearance of the building or premises, or other

visible evidence of the conduct of such home

occupation other than one non-illuminated sign not

exceeding two square feet in area and mounted flat

against the wall of the principal building.

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d. No home occupation shall be conducted in

any accessory building.

e. There shall be no stock in trade kept or any

sale of commodities other than those necessary for

the manufacturing of the product or rendering of the

service in connection with the said occupation.

f. No equipment or process shall be used in

such home occupation which creates noise,

vibration, glare, fumes, odors, or electrical

interference detectable to the normal senses off the

lot if the occupation is conducted in a one-family

and two-family residence. In the case of electrical

interference, no equipment or process shall be used

which creates visual or audible interference in any

radio or television receivers off the premises.

g. A certificate of compliance issued by the

zoning enforcement officer shall be obtained before

beginning any home occupation.

h. Beauty parlor and barbershop, when

conducted as a home occupation solely by resident

occupants in their place of abode and provided that

not more than one-quarter of the area of one floor

shall be used for such purpose; provided further,

that such occupations shall not require external or

internal alterations. An indirectly lighted sign of

not over two square feet in area and attached flat

against the principal building shall be permitted.

3. Minimum Lot Area. Minimum lot area in R-1 districts shall be

11,000 square feet for each dwelling together with its accessory

buildings; however, where public sewer and water facilities are not

available, a minimum of 20,000 square feet is required. If public water

only is available, not less than 13,200 square feet shall be required.

4. Height Regulation. No principal structure in the R-1 District shall

exceed three stories or 35 feet in height and no accessory building shall

exceed one story or 15 feet in height.

5. Minimum Width Regulation. The minimum dimensions of the

main body of a dwelling in R-1 districts shall not be less than 22 feet, 6

inches.

6. Frontage and Yard Requirements. The following minimum

requirements shall be observed:

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Mini

Side Ya

rd Widths

Minimum

Widt

Minimum

Front Yard

epth

Leas

t Widt

Sum Least

Widths

Minimum

Rear Yard

Dept

75 fee

5 fe

8 fee

18 feet

fee

7. State and Federal Requirements. In addition to the requirements

set forth in this chapter, no building permits shall be issued unless the

applicants comply with all State and Federal regulatory agency rules and

regulations.

8. Exceptions. For exceptions in an R-1 District, see Section

165.23.

9. Off-Street Parking. For off-street parking requirements in an R-1

District, see Section 165.13.

10. Perimeter Foundation Requirement. A permanent perimeter

foundation shall be required of all dwellings in R-1 Districts. A

permanent perimeter foundation shall consist of footings and a concrete,

cement block or stone which are fixed together by mortar or treated

wood foundation. Provided, however, a manufactured home may be

placed on a pier footing foundation system designed and constructed to

be compatible with the structure and conditions of the site. The

permanent perimeter foundation shall extend not less than four feet

below grade. The zoning administrative official of the City shall inspect

the proposed foundations prior to the construction or erection of the

same. All dwellings or accessory buildings shall be affixed to said

permanent perimeter foundation at least every eight linear feet around

the entire perimeter.

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         

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165.07 R-2 ONE- AND TWO-FAMILY RESIDENCE DISTRICT. In

R-2 Districts, the following regulations shall apply, except as otherwise

provided herein:

1. Permitted Uses. Uses permitted in an R-2 District are as follows:

A. Uses permitted in R-1 Districts. No temporary buildings,

trailers or mobile homes, tents, portable or potentially portable

structures shall be used for dwelling purposes.

B. Two-family dwellings.

C. Alterations and conversions of single-family dwellings into

two-family dwellings in accordance with the lot area, frontage

and yard requirements as set forth in this section.

D. See Section 165.23(2) of this chapter for special uses.

2. Accessory Uses. Accessory uses in an R-2 District shall include

accessory uses as permitted and regulated in the R-1 District.

3. Building Height Limit. Building height limit in an R-2 District

shall be the same as in an R-1 District.

4. Lot Area. Minimum lot area in an R-2 District shall be 8,000

square feet for each single-family dwelling and 9,000 square feet for

each two-family dwelling; however, where public sewer and water

facilities are not available, not less than 20,000 square feet. If public

water only is available, not less than 10,000 square feet.

5. Lot Width. Minimum lot width in an R-2 District shall be 65 feet

for a single-family dwelling and 70 feet for a two-family dwelling.

Where public sewer and water facilities are not available, 100 feet. If

public water only is available, 80 feet. The minimum width for corner

lots platted after the effective date of this chapter shall be 75 feet.

6. Front Yard Depth. Minimum front yard depth in an R-2 District

shall be 30 feet. When fronting on the right-of-way of a major

thoroughfare shown on the official major thoroughfare plan, the front

yard shall be measured from the proposed right-of-way line.

7. Side Yard Width. Minimum side yard with in an R-2 District

shall be 8 feet on one side with a total of the two side yards of 15 feet for

a dwelling and 15 feet on each side for any other principal building. On

lots of record at the time of adoption or amendment of this chapter

having a width less than 60 feet, the side yards may be reduced as

follows, for a single-family dwelling only:

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A. One side yard may be reduced to not less than ten percent

(10%) of the lot width.

B. The sum of both side yards may be reduced to not less than

twenty-five percent (25%) of the lot width.

C. On corner lots, only the interior side yard may be reduced

below 8 feet.

8. Rear Yard Depth. Minimum rear yard depth in an R-2 District

shall be 35 feet for a dwelling and 45 feet for any other building.

9. Exceptions. For exceptions in an R-2 District, see Section

165.23.

10. Off-Street Parking. For off-street parking requirements in an R-2

District, see Section 165.13.

11. Minimum Width Regulations. The minimum dimensions of the

main body of a dwelling in R-2 Districts shall not be less than 22 feet, 6

inches.

12. Perimeter Foundation Requirement. A permanent perimeter

foundation shall be required of all dwellings in R-2 Districts. A