CHAPTER 1
CODE OF ORDINANCES
1.01
1.02
1.03
1.04
1.05
1.06
1.07
Title
Definitions
City Powers
Indemnity
Personal Injuries
Rules of Construction
Extension of Authority
1.08
1.09
1.10
1.11
1.12
1.13
1.14
Amendments
Catch-lines and Notes
Altering Code
Severability
Warrants
General Standards for Action
Standard Penalty
1.01 TITLE. This code of ordinances shall be known and may be cited as the Code
of Ordinances of the City of Bondurant, Iowa, 2002.
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 Bondurant, Iowa.
3.
“City Administrator” means the City Administrator of Bondurant, 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 Bondurant,
Iowa, 2002.
6.
“Council” means the city council of Bondurant, Iowa.
7.
“County” means Polk County, Iowa.
8.
“May” confers a power.
9.
“Measure” means an ordinance, amendment, resolution or motion.
10.
“Must” states a requirement.
11.
“Occupant” or “tenant,” applied to a building or land, includes any person who
occupies the whole or a part of such building or land, whether alone or with others.
12.
“Ordinances” means the ordinances of the City of Bondurant, 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in this Code of Ordinances, ordinances not repealed by the ordinance adopting this Code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)
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
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CODE OF ORDINANCES
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, 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 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.
1.
Whenever in this Code or in any city ordinance any act is prohibited or is made or
declared to be unlawful or an offense or whenever in this Code or in any city ordinance
the doing of any act is required or the failure to do any act is declared to be unlawful, if
the act is not declared to be a misdemeanor or a municipal infraction and if no specific
penalty is provided therefore, the violation of any such provision shall be deemed to be a
misdemeanor punishable by a fine not exceeding $750.00 or by imprisonment not
exceeding 30 days.
2.
Whenever in this Code or in any city ordinance any act is prohibited and is
declared to be a misdemeanor or whenever in this Code or in any city ordinance the
doing of any act is required and the failure to do that act is declared to be a misdemeanor,
the violation of any such provision shall be punishable by a fine not exceeding $750.00
or by imprisonment not exceeding 30 days.
3.
Whenever in this Code or in any city ordinance any act is prohibited and is
declared to be a municipal infraction or whenever in this Code or in any city ordinance
the doing of any act is required and the failure to do that act is declared to be a
municipal infraction, the violation of any such provision shall be punishable by a civil
penalty of not more than $750.00 for each violation or, if the infraction is a repeat
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CODE OF ORDINANCES
offense, by a civil penalty of not more than $1000.00 for each repeat offense.
However, a municipal infraction which is classified as an environmental violation or
which arises from noncompliance with a pretreatment standard or requirement,
referred to in 40 CFR 403.8, by an industrial user may be punishable by a civil penalty
of not more than $1,000.00 for each day a violation exists or continues. Each day a
violation of a provision of this Code or of a city ordinance continues shall be
considered a separate municipal infraction.
4.
In addition to seeking the imposition of a civil penalty as provided in this
section, the city attorney may seek all other appropriate remedies allowed by law in
regard to the abatement, correction, or discontinuance of activities, which constitute
municipal infractions including costs and attorney fees.
5.
Municipal infractions may be initially brought upon simple notice and if the
person charged admits the violation, upon payment of the penalty to the city treasurer
and the performance of any other act required by law to be performed, such person
shall not be further prosecuted or assessed any costs or other expenses for such
violation, and the city shall retain all penalties thus collected. Where a municipal
infraction is not admitted upon simple notice by the person charged or where the
person charged fails to perform any other act required to be performed, or both, an
action seeking a penalty shall be brought in the state district court. Any action
seeking a penalty for a municipal infraction, with or without additional relief, may be
initially brought in the state district court. This section does not impose a duty to
initially charge all municipal infractions upon simple notice.
6.
Notwithstanding subsections (c) and (d) of this section, a municipal infraction
will not be initiated for any infraction classified as an environmental infraction and
referred to in I.C. ch. 455B until an offer is made to participate in informal
negotiations with the person. If the person accepts the offer, the city and the person
shall participate in good faith negotiations to resolve issues alleged to be the basis for
the violation, a municipal infraction may be initiated against the person.
(Ordinance No. 03-229)
(Ordinance No. 06-214)
(Ordinance No. 09-202)
1.15 PAYMENT OF FEES, FINES OR UNSATISFIED JUDGMENTS AS A
PREREQUISITE TO ISSUANCE BY THE CITY OF A LICENSE OR
PERMIT. Prior to the issuance of a license or permit by the City, the City Clerk shall
make a diligent search of City records to determine if the applicant owes any fines or
fees to the City, or has an unsatisfied judgment in favor of the City. If there are fines or
fees due and owing, such fines or fees, or both, shall be paid in full, prior to the
issuance of a license or permit. If the applicant has an unsatisfied judgment in favor of
the City, that judgment must be satisfied with evidence of such presented to the City
Clerk, prior to the issuance of the license or permit.
(Ordinance No. 09-206)
CHAPTER 2
CHARTER
2.01 Title
2.02 Form of Government
2.03 Powers and Duties
2.04 Number and Term of Council
2.05 Term of Mayor
2.06 Copies on File
2.01 TITLE. This chapter may be cited as the charter of the City of Bondurant,
Iowa.
2.02 FORM OF GOVERNMENT. The form of government of the City is the
Mayor-Council form of government.
(Code of Iowa, Sec. 372.4)
2.03 POWERS AND DUTIES. The Council and Mayor and other City officers
have such powers and shall perform such duties as are authorized or required by State
law and by the ordinances, resolutions, rules and regulations of the City.
2.04 NUMBER AND TERM OF COUNCIL. The Council consists of five (5)
Council Members elected at large for overlapping terms of four (4) years.
(Code of Iowa, Sec. 376.2)
2.05
TERM OF MAYOR. The Mayor is elected for a term of four (4) years.
(Code of Iowa, Sec. 376.2)
2.06 COPIES ON FILE. The City Administrator shall keep an official copy of the
charter on file with the official records of the City Administrator and the Secretary of
State, and shall keep copies of the charter available at the City Administrator’s office
for public inspection.
(Code of Iowa, Sec. 372.1)
CHAPTER 3
BOUNDARIES
3.01 CORPORATE LIMITS. The corporate limits of the City are described as
follows:
Southeast quarter (SE¼) of Section 25, Township 80 (T80), Range 23 (R23),
Northeast quarter (NE¼) of Section 36, Township 80 (T80), Range 23 (R23),
and the SE¼ of Section 36, Township 80 (T80), Range 23 (R23), all in
Douglas Township,
AND
South half of Section 30, Township 80 (T80), Range 22 (R22), and all of
Section 31, Township 80 (T80), Range 22 (R22), in Franklin Township,
AND
The Northeast quarter (NE¼) of the Northeast quarter (NE¼), Section 12,
Township 79 (T79), Range 23 (R23), west of the 5th P.M., Polk County,
Iowa, except for that part of the NE¼ of the NE¼, Section 12, Township 79
(T79), Range 23 (R23), beginning 711.6 feet south of the northeast corner of
Section 12; thence south 387.6 feet; thence 70º39' right and southwesterly
529.4 feet; thence 109º21' right and northeasterly 560 feet; thence 90º00'
right and easterly 499.5 feet, to the point of beginning (subject to road), and
except the south 484.54 feet of the north 711.60 feet measured on the east
line and the west 450 feet of the east 499.5 feet on the north line of the NE¼
of the NE¼, Section 12, Township 79 North (T79N), Range 23 (R23), west
of the 5th P.M., Polk County, Iowa,
AND
A tract of land located in the Northwest quarter (NW¼) of Section 7,
Township 79 North (T79N), Range 22 (R22), west of the 5th P.M., Polk
County, Iowa, described as beginning at a point 811.5 feet south of the
northwest corner of Section 7, Township 79 North (T79N), Range 22 (R22),
and on the west line of Section 7, said west line of Section 7 having an
assumed bearing of S0º00'E; thence S90º00'E 50 feet to the point of
beginning, thence continuing on a bearing of S90º00'E, 1055 feet, thence
S0º00'E, 610.2 feet to a point 150 feet radially distant northerly from
centerline of Interstate 80; thence southwesterly 1094.5 feet parallel to or
concentric with the centerline of Interstate 80, to a point 150 feet normally
distant northerly from the center of Interstate 80 and 100 feet normally
distant easterly from the west line of Section 7; thence N8º30'W, 271.8 feet
to a point 60 feet normally distant from the west line of Section 7; thence
N0º00'E, 425 feet to a point 60 feet normally distant from the west line of
Section 7, thence N4º05'W, 140 feet to a point 50 feet normally distant from
the west line of Section 7; thence N0º00'E, 213.2 feet parallel and 50 feet
distant from the west line of Section 7, to the point of beginning, containing
20 acres,
AND
An irregular piece beginning 379.45 feet south of the northeast corner;
thence south 434.5 feet; thence southwest 29.05 feet; thence northwest
425.15 feet; thence north 265 feet; thence west 400 feet to the beginning of
the north 100 acres of the NE¼ less 0.21 acres for road, Section 1, Township
79 (T79), Range 23 (R23), west of the 5th P.M., Polk County, Iowa,
AND
That part of the Northeast quarter (NE¼) of the Northeast quarter (NE¼),
Section 12, Township 79 (T79), Range 23 (R23), west of the 5th P.M., Polk
County, Iowa, beginning 711.6 feet south of the northeast corner of Section
12; thence south 387.6 feet; thence 70º39' right and southwesterly 529.4 feet;
thence 109º21' right and northerly 560 feet; thence 90º00' right and easterly
499.5 feet to the point of beginning, subject to road,
AND
The north half of the Southwest quarter (SW¼), Section 6, Township 79
North (T79N), Range 22 (R22), west of the 5th P.M., Polk County, Iowa,
AND
The Northwest quarter (NW¼) of the Southeast quarter (SE¼) of Section 6,
Township 79 North (T79N), Range 22 (R22), west of the 5th P.M., Polk
County, Iowa,
AND
All that part of the Southeast quarter (SE¼) of Section 1, Township 79 (T79),
Range 23 (R23), west of the 5th P.M., Polk County, Iowa, which lies south
and east of U.S. Highway 65, subject to existing roads,
AND
That part of the Northwest quarter (NW¼) of Section 7, Township 79 North
(T79N), Range 22 (R22), west of the 5th P.M., Polk County, Iowa, north of
Interstate 80 (except that part sold to Union Oil Company, Book 3848 Page
349),
AND
The south half of the Southwest quarter (SW¼) (except the north 225 feet of
the west 325 feet) of Section 6, Township 79 North (T79N), Range 22 (R22),
west of the 5th P.M., Polk County, Iowa,
AND
The north half of the Northwest quarter (NW¼) of the Northwest quarter
(NW¼), Section 12, Township 79 (T79), Range 23 (R23), west of the 5th
P.M., Polk County, Iowa, south and east of highway,
AND
The South half of the Northwest quarter (NW¼) of the Northwest quarter
(NW¼), Section 12, Township 79 (T79), Range 23 (R23), west of the 5th
P.M., Polk County, Iowa,
CHAPTER 2
BOUNDARIES
AND
The south 120 acres of the Southwest quarter (SW¼) of Section 1, Township
79 (T79), Range 23 (R23), west of the 5th P.M., except a strip condemned for
a primary road, in Polk County, Iowa,
AND
That part of the Northwest Fractional Quarter of Section 6, Township 79
North (T79N), Range 22 (R22), west of the 5th P.M., Polk County, Iowa,
lying north and west of U.S. Highway 65,
AND
All that part of the Southwest quarter (SW¼) of the Southwest quarter
(SW¼) of Section 29, Township 80 (T80), Range 22 (R22), lying south of
the south right-of-way line of the Chicago Great Western Railroad and west
of the west right-of-way line of U.S. Highway 65, containing 9.34 acres,
more or less,
AND
The Southeast quarter (SE¼) of the Northeast quarter (NE¼), Section 6,
Township 79 North (T79N), Range 22 (R22), west of the 5th P.M., Polk
County, Iowa,
AND
The Northeast quarter (NE¼) of the Southeast quarter (SE¼) of Section 6,
Township 79 North (T79N), Range 22 (R22), west of the 5th P.M., Polk
County, Iowa,
AND
The north half of the Northwest quarter (NW¼), Section 1, Township 79
(T79), Range 23 (R23), west of the 5th P.M., Polk County. Iowa,
AND
Beginning in the northeast corner of the west half of the Northeast quarter
(NE¼), Section 6, Township 79 North (T79N), Range 22 (R22), west of the
5th P.M., Polk County, Iowa; thence west 2387.3 feet; thence south 2963.2
feet, thence east 2387.3 feet; thence north 2941.5 feet to the beginning,
AND
The Northwest Fractional Quarter of Section 6, Township 79 North (T79N),
Range 22 (R22), west of the 5th P.M., Polk County, Iowa, except beginning
in the northeast corner of the west half of the Northeast quarter (NE¼),
Section 6, Township 79 North (T79N), Range 22 (R22), west of the 5th P.M.,
Polk County, Iowa; thence west 2387.3 feet; thence south 2963.2 feet; thence
east 2387.3 feet; thence north 2941.5 feet to the beginning, and except that
part northwest of U.S. Highway 65,
AND
Beginning at the northwest corner of Section 32, Township 80 (T80), Range
22 (R22), west of the 5th P.M.; thence east 162 feet; thence south 170 feet;
thence west 162 feet; thence north 170 feet to the beginning,
AND
All that part of the south 81.50 acres of the Northeast Fractional Quarter of
Section 1, Township 79 North (T79N), Range 23 (R23), west of the 5th P.M.,
Polk County, Iowa, lying north and west of public highway,
AND
Lots 9, 10, 11, 12, 13, 14, and 15 of Bondurant Farms, an Official Plat of
Polk County, Iowa,
AND
All that part of the south 81.50 acres of the Northeast quarter (NE¼) of
Section 1, Township 79 (T79), Range 23 (R23), west of the 5th P.M., Polk
County, Iowa, lying south and east of U.S. Highway 65, (except the north
398 feet thereof), and subject to existing roads,
AND
All that part of the Northwest quarter (NW¼) of the Northwest quarter
(NW¼) of Section 32, Township 80 (T80), Range 22 (R22), west of the 5th
P.M., Polk County, Iowa, northwest of the right-of-way line of U.S. Highway
65 except beginning at the northwest corner of Section 32, Township 80
(T80), Range 22 (R22), west of the 5th P.M., Polk County, Iowa; thence east
162 feet; thence south 170 feet; thence west 162 feet, thence north 170 feet to
the beginning, and subject to existing roads,
AND
A tract of land located in the Southwest quarter (SW¼) of Section 29,
Township 80 North (T80N), Range 22 (R22), west of the 5th P.M., Polk
County, Iowa, described as commencing at the northwest corner of the SW¼;
thence S0º12'E, 842.9 feet along the west line of said SW¼ of Section 29 and
the center of 80th Street N.E., 66 feet in width; thence departing said section
line S89º51'E, 33 feet to a point on the east line of said 80th Street N.E. and
the point of beginning (said point also being the northwest corner of that
certain parcel of land described in contract of sale to the Iowa State Highway
Commission for U.S. Highway 65 right-of-way recorded in Book 4698 Pages
664-666 of the public records of said Polk County, Iowa); thence S89º51'E,
1252.1 feet; thence S46º50'E to said right-of-way line of U.S. Highway 65;
thence S43º10'W, 692.39 feet along aforesaid right-of-way line to a point on
the north right-of-way line for the Chicago and Northwestern Railroad;
thence S77º26'W, 1252.79 feet along aforesaid right-of-way line to a point on
the east right-of-way line of 80th Street N.E.; thence N0º12'E, 1201.60 feet to
the point of beginning. Bearings shown herein are based on an assumed
bearing of N0º12'W along the west line of the SW¼, Section 29, Township
80 North (T80N), Range 22 (R22), west of the 5th P.M., Polk County, Iowa,
AND
All that part of the Southwest quarter (SW¼) of the Southwest quarter
(SW¼) of Section 1, Township 79 North (T79N), Range 23 (R23), west of
the 5th P.M., Polk County, Iowa, except that part that lies south and west of
N.E. 64th Street, and subject to existing roads,
CHAPTER 2
BOUNDARIES
AND
The south 484.54 feet of the north 711.60 feet measured on the east line and
the west 450 feet of the east 499.5 feet on the north line of the Northeast
quarter (NE¼), of the Northeast quarter (NE¼) of Section 12, Township 79
North (T79N), Range 23 (R23), west of the 5th P.M., Polk County, Iowa,
AND
All that part of the south half of the Northeast quarter (NE¼) of Section 12,
Township 79 North (T79N), Range 23 (R23), west of the 5th P.M., Polk
County, Iowa, lying north and west of Interstate 80, and subject to existing
roads, containing 45.39 acres more or less,
AND
A parcel of land located in the Northwest quarter (NW¼) of the Southwest
quarter (SW¼), and the Northeast quarter (NE¼) of the Southwest quarter
(SW¼) of Section 29, Township 80 North (T80N), Range 22 (R22), west of
the 5th P.M., Polk County, Iowa, further described as follows:
Commencing at the northwest corner of the SW¼ of said Section 29; thence
S0º12'E, 842.9 feet along the west line of said SW¼ of Section 29 and the
center of a public roadway 66 feet in width; thence departing said section line
S89º51'E, 33 feet to a point on the east line of said public roadway and the
point of beginning, said point also being the northwest corner of that parcel
of land described in contract of sale to the Iowa State Highway Commission
for U.S. Highway 65 right-of-way recorded in Book 4098 Pages 664-666 of
the public records of said Polk County, Iowa; thence N0º12'W, 60 feet along
said public roadway, thence S89º51'E, 1322.3 feet; thence N0º09'E, 794.9
feet; thence S76º02'E, 815.7 feet to a point on a non-tangent curve concave
southwesterly having a radius of 433.17 feet; thence southeasterly along the
arc of said curve having a chord of 373.94 feet and a chord bearing of
S42º50'30"E, 386.65 feet; thence S10º33'E, 77 feet to a point on the aforesaid
right-of-way line of U.S. Highway 65; thence along said right-of-way line
S43º10'W, 599.1 feet; thence S48º10'W, 401.5 feet; thence N46º50'W, 580
feet; thence N89º51'W, 1252.1 feet to the point of beginning, containing
21.87 acres of land, more or less,
AND
Lots 18 through 41, except the west 411.6 feet of Lots 33, 34, 35, 36, 37, and
38 of Bondurant Farms, an official plat of Polk County, Iowa,
AND
All of that portion of the North ½ of the SE¼ of Section 12, Township 79
North, Range 23 West of the 5th P.M., lying north and west of Interstate
Highway #80, containing approximately 3.63 acres, more or less,
AND
A parcel of land located in the E½ SW¼ of Section 12, Township 79 North,
Range 23 West of the 5th P.M., Polk County, Iowa, formerly owned by
Gertrude G. Sherman and lying on the northerly side of the following
described centerline of Interstate Highway #80 as shown on official plans for
Project I-80-5(2) I46 (1-01-5(2)),
The centerline, designated by station points 100 feet apart, numbered
consecutively from west to east, is described as follows: commencing at Sta.
1346+53.3, a point on centerline tangent 1182.0 feet north of the SW corner
of said Section 12; thence N89º02'W 499.0 feet to Sta. 1341+54.3, the point
of beginning; thence northeasterly 1964.4 feet along a 4584.0 foot radius
curve, concave northerly, and tangent to the preceding course, to Sta.
1361+18.7; thence N66º25'E 1338.9 feet to Sta. 1374+57.6, a point on the
east line of said E½ SW¼,
Parcel to be included is more particularly described as follows: bounded on
the west by the west line of said E½ SW¼, on the north by the north line of
said E½ SW¼, on the east by the east line of said E½ SW¼, on the south by
a line beginning at a point on the west line of said E½ SW¼ which is 140
feet radially distant northerly from centerline; thence to a point 165 feet
normally distant northerly from Sta. 1364+00, thence to a point 140 feet
normally distant northerly from Sta. 1367+00; thence to a point 140 feet
normally distant northerly from Sta. 1372+00; thence to a point 150 feet
normally distant northerly from centerline, on the east line of said E½ SW¼,
containing 17.9 acres, more or less,
AND
The SE¼ of NW¼ of Section 12, Township 79 North, Range 23 West of the
5th P.M., Iowa,
AND
All that part of the NE¼ NE¼ of Section 12, Township 79 North, Range 23
West of the 5th P.M., Polk County, Iowa, except the east 33 feet thereof,
lying southerly of a line beginning at a point 650 feet westerly of the SE
corner of said NE¼ NE¼, on the south line thereof; thence to a point 220 feet
northerly of said SE corner, on the east line of said NE¼ NE¼, and
containing 1.5 acres, more or less,
AND
The NW¼ of the NE¼ and the east 20 acres of the NE¼ of the NW¼ in
Section 12, Township 79 North, Range 23 West of the 5th P.M., subject to
roads and easements of record (58.17 acres net of roads),
AND
The east 10 acres of the west 20 acres of the NE¼ of the NW¼ in Section 12,
Township 79 North, Range 23 West of the 5th P.M., subject to roads and
easements of record,
AND
The west 10 acres of the NE¼ of the NW¼ in Section 12, Township 79
North, Range 23 West of the 5th P.M., subject to roads and easements of
record,
AND
The north 398 feet of the South 81.5 acres of the Northeast fractional quarter
of Section 1, Township 79, Range 23 West of the 5th P.M. LYING Southeast
of the centerline of U.S. Highway 65,
AND
CHAPTER 2
BOUNDARIES
The West 325 feet of the North 225 feet of the South half of the Southwest
fractional quarter of Section 6, Township 79, Range 22 West of the 5th P.M.,
containing 1.42 acres, more or less,
AND
The Easterly 1482.5 feet of the South 75 feet of the 100-foot wide railroad
ROW through the South 1/2 of the Southwest 1/4 of Section 29-80-22 West of
the 5th P.M.,
AND
The Westerly 1165 feet of the South 75 feet of the 100-foot railroad ROW
through the Southwest 1/4 of the Southwest 1/4 of Section 29-80-22,
AND
The South 75 feet of the 100-foot railroad ROW through the Southeast 1/4 of
Section 29-80-22.
(Ordinance No. 04-205)
CHAPTER 4
MUNICIPAL INFRACTIONS
4.01 Municipal Infraction
4.02 Environmental Violation
4.03 Penalties
4.04 Civil Citations
4.05 Alternative Relief
4.06 Criminal Penalties
4.01 MUNICIPAL INFRACTION. A violation of this Code of Ordinances or any
ordinance or code herein adopted by reference or the omission or failure to perform
any act or duty required by the same, with the exception of those provisions
specifically provided under State law as a felony, an aggravated misdemeanor, or a
serious misdemeanor, or a simple misdemeanor under Chapters 687 through 747 of the
Code of Iowa, is a municipal infraction punishable by civil penalty as provided herein.
(Code of Iowa, Sec. 364.22[3])
4.02 ENVIRONMENTAL VIOLATION. A municipal infraction which is a
violation of Chapter 455B of the Code of Iowa or of a standard established by the City
in consultation with the Department of Natural Resources, or both, may be classified
as an environmental violation. However, the provisions of this section shall not be
applicable until the City has offered to participate in informal negotiations regarding
the violation or to the following specific violations:
(Code of Iowa, Sec. 364.22 [1])
1.
A violation arising from noncompliance with a pretreatment standard or
requirement referred to in 40 C.F.R. §403.8.
2.
The discharge of airborne residue from grain, created by the handling, drying
or storing of grain, by a person not engaged in the industrial production or
manufacturing of grain products.
3.
The discharge of airborne residue from grain, created by the handling, drying
or storing of grain, by a person engaged in such industrial production or
manufacturing if such discharge occurs from September 15 to January 15.
4.03 PENALTIES. A municipal infraction is punishable by the following civil
penalties:
(Code of Iowa, Sec. 364.22 [1])
1.
Standard Civil Penalties.
A.
First Offense - Not to exceed $750.00
B.
Each Repeat Offense - Not to exceed $1,000.00
(Ordinance No. 03-218)
Each day that a violation occurs or is permitted to exist constitutes a repeat offense.
2.
Special Civil Penalties.
A.
A municipal infraction arising from noncompliance with a pretreatment standard
or requirement, referred to in 40 C.F.R. §403.8, by an industrial user is punishable by a
penalty of not more than one thousand dollars ($1,000.00) for each day a violation exists
or continues.
B.
A municipal infraction classified as an environmental violation is punishable by a
penalty of not more than one thousand dollars ($1,000.00) for each occurrence.
However, an environmental violation is not subject to such penalty if all of the following
conditions are satisfied:
(1)
The violation results solely from conducting an initial startup, cleaning, repairing,
performing scheduled maintenance, testing, or conducting a shutdown of either
equipment causing the violation or the equipment designed to reduce or eliminate the
violation.
(2)
The City is notified of the violation within twenty-four (24) hours from the time
that the violation begins.
(3)
The violation does not continue in existence for more than eight (8) hours.
4.04 CIVIL CITATIONS. Any officer authorized by the City to enforce this Code of
Ordinances may issue a civil citation to a person who commits a municipal infraction.
The citation may be served by personal service as provided in Rule of Civil Procedure
56.1, by certified mail addressed to the defendant at defendant’s last known mailing
address, return receipt requested, or by publication in the manner as provided in Rule of
Civil Procedure 60 and subject to the conditions of Rule of Civil Procedure 60.1. A copy
of the citation shall be retained by the issuing officer, and one copy shall be sent to the
Clerk of the District Court. The citation shall serve as notification that a civil offense has
been committed and shall contain the following information:
(Code of Iowa, Sec. 364.22 [4])
1.
The name and address of the defendant.
2.
The name or description of the infraction attested to by the officer issuing the
citation.
3.
The location and time of the infraction.
4.
The amount of civil penalty to be assessed or the alternative relief sought, or both.
5.
The manner, location, and time in which the penalty may be paid.
6.
The time and place of court appearance.
7.
The penalty for failure to appear in court.
CHAPTER 2
MUNICIPAL INFRACTIONS
4.05 ALTERNATIVE RELIEF. Seeking a civil penalty as authorized in this
chapter does not preclude the City from seeking alternative relief from the court in the
same action. Such alternative relief may include, but is not limited to, an order for
abatement or injunctive relief.
(Code of Iowa, Sec. 364.22 [8])
4.06 CRIMINAL PENALTIES. This chapter does not preclude a peace officer
from issuing a criminal citation for a violation of this Code of Ordinances or
regulation if criminal penalties are also provided for the violation. Nor does it
preclude or limit the authority of the City to enforce the provisions of this Code of
Ordinances by criminal sanctions or other lawful means.
(Code of Iowa, Sec. 364.22[11])
CHAPTER 5
OPERATING PROCEDURES
5.01
5.02
5.03
5.04
5.05
5.06
Oaths
Bonds
Duties: General
Books and Records
Transfer to Successor
Meetings
5.07
5.08
5.09
5.10
5.11
Conflict of Interest
Resignations
Removal of Appointed Officers and Employees
Vacancies
Gifts
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 Bondurant as now or hereafter required by
law.”
(Code of Iowa, Sec. 63.10)
3.
Officers Empowered to Administer Oaths. The following are empowered to
administer oaths and to take affirmations in any matter pertaining to the business of
their respective office:
A.
Mayor
B.
City Administrator
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, City Administrator,
Treasurer and such other officers and employees as may be necessary and advisable.
(Code of Iowa, Sec. 64.13)
2.
Bonds Approved. Bonds shall be approved by the Council.
(Code of Iowa, Sec. 64.19)
3.
Bonds Filed. All bonds, after approval and proper record, shall be filed with the
City Administrator.
(Code of Iowa, Sec. 64.23[6])
4.
Record. The City Administrator shall keep a book, to be known as the “Record of
Official Bonds” in which shall be recorded the official bonds of all City officers, elective
or appointive.
(Code of Iowa, Sec. 64.24[3])
5.03 DUTIES: GENERAL. Each municipal officer shall exercise the powers and
perform the duties prescribed by law and this Code of Ordinances, or as otherwise
directed by the Council unless contrary to State law or City charter.
(Code of Iowa, Sec. 372.13[4])
5.04 BOOKS AND RECORDS. All books and records required to be kept by law or
ordinance shall be open to examination by the public upon request, unless some other
provisions of law expressly limit such right or require such records to be kept
confidential. Access to public records which are combined with data processing software
shall be in accordance with policies and procedures established by the City.
(Code of Iowa, Sec. 22.2 & 22.3A)
5.05 TRANSFER TO SUCCESSOR. Each officer shall transfer to his or her
successor in office all books, papers, records, documents and property in the officer’s
custody and appertaining to that office.
(Code of Iowa, Sec. 372.13[4])
5.06 MEETINGS. All meetings of the Council, any board or commission, or any
multi-membered body formally and directly created by any of the foregoing bodies shall
be held in accordance with the following:
1.
Notice of Meetings. Reasonable notice, as defined by State law, of the time, date
and place of each meeting, and its tentative agenda shall be given.
(Code of Iowa, Sec. 21.4)
2.
Meetings Open. All meetings shall be held in open session unless closed sessions
are held as expressly permitted by State law.
(Code of Iowa, Sec. 21.3)
3.
Minutes. Minutes shall be kept of all meetings showing the date, time and place,
the members present, and the action taken at each meeting. The minutes shall show the
results of each vote taken and information sufficient to indicate the vote of each member
present. The vote of each member present shall be made public at the open session. The
minutes shall be public records open to public inspection.
(Code of Iowa, Sec. 21.3)
4.
Closed Session. A closed session may be held only by affirmative vote of either
two-thirds of the body or all of the members present at the meeting and in accordance
with Chapter 21 of the Code of Iowa.
(Code of Iowa, Sec. 21.5)
CHAPTER 5
OPERATING PROCEDURES
5.
Cameras and Recorders. The public may use cameras or recording devices at
any open session.
(Code of Iowa, Sec. 21.7)
6.
Electronic Meetings. A meeting may be conducted by electronic means only in
circumstances where such a meeting in person is impossible or impractical and then
only in compliance with the provisions of Chapter 21 of the Code of Iowa.
(Code of Iowa, Sec. 21.8)
5.07 CONFLICT OF INTEREST. A City officer or employee shall not have an
interest, direct or indirect, in any contract or job of work or material or the profits
thereof or services to be furnished or performed for the City, unless expressly
permitted by law. A contract entered into in violation of this section is void. The
provisions of this section do not apply to:
(Code of Iowa, Sec. 362.5)
1.
Compensation of Officers. The payment of lawful compensation of a City
officer or employee holding more than one City office or position, the holding of
which is not incompatible with another public office or is not prohibited by law.
(Code of Iowa, Sec. 362.5[1])
2.
Investment of Funds. The designation of a bank or trust company as a
depository, paying agent, or for investment of funds.
(Code of Iowa, Sec. 362.5[2])
3.
City Treasurer. An employee of a bank or trust company, who serves as
Treasurer of the City.
(Code of Iowa, Sec. 362.5[3])
4.
Stock Interests. Contracts in which a City officer or employee has an interest
solely by reason of employment, or a stock interest of the kind described in subsection
8 of this section, or both, if the contract is for professional services not customarily
awarded by competitive bid, if the remuneration of employment will not be directly
affected as a result of the contract, and if the duties of employment do not directly
involve the procurement or preparation of any part of the contract.
(Code of Iowa, Sec. 362.5[5])
5.
Newspaper. The designation of an official newspaper.
(Code of Iowa, Sec. 362.5[6])
6.
Existing Contracts. A contract in which a City officer or employee has an
interest if the contract was made before the time the officer or employee was elected
or appointed, but the contract may not be renewed.
(Code of Iowa, Sec. 362.5[7])
7.
Volunteers. Contracts with volunteer fire fighters or civil defense volunteers.
(Code of Iowa, Sec. 362.5[8])
8.
Corporations. A contract with a corporation in which a City officer or
employee has an interest by reason of stock holdings when less than five percent
(5%) of the
outstanding stock of the corporation is owned or controlled directly or indirectly by the
officer or employee or the spouse or immediate family of such officer or employee.
(Code of Iowa, Sec. 362.5[9])
9.
Contracts. Contracts made by the City upon competitive bid in writing, publicly
invited and opened.
(Code of Iowa, Sec. 362.5[4])
10. Cumulative Purchases. Contracts not otherwise permitted by this section, for the
purchase of goods or services which benefit a City officer or employee, if the purchases
benefiting that officer or employee do not exceed a cumulative total purchase price of
twenty-five hundred dollars ($2500.00) in a fiscal year.
(Code of Iowa, Sec. 362.5[11])
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. Contracts. A contract that is a bond, note or part of this Ordinance shall be
adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
Ordinance as a whole or any Section, provision, or part thereof not adjudged invalid or
unconstitutional.
(Ordinance No. 03-216)
5.08 RESIGNATIONS. An elected officer who wishes to resign may do so by
submitting a resignation in writing to the Mayor, for consideration, and forwarded to the
City Administrator so that it shall be properly recorded. 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 City Administrator, and a copy shall be sent by certified mail to the person
removed, who, upon request filed with the City Administrator 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
CHAPTER 5
OPERATING PROCEDURES
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 6
CITY ELECTIONS
6.01 Nominating Method to be Used
6.02 Candidacy
6.03 Primary Election Required
6.04 Date of Primary
6.05 Qualification
6.06 Candidates Elected
6.01 NOMINATING METHOD TO BE USED. All candidates for elective
municipal offices shall be nominated under the provisions of Chapter 376 of the Code of
Iowa.
(Code of Iowa, Sec. 376.3)
6.02 CANDIDACY. An eligible elector of the City may become a candidate for an
elective City office by filing with the City Administrator a valid petition requesting that
the elector’s name be placed on the ballot for that office. The petition must be filed not
more than seventy-one (71) days or less than forty-seven (47) days before the date of the
election and must be signed by eligible electors equal in number to at least two percent
(2%) of those who voted to fill the same office at the last regular City election, but not
less than ten (10) persons.
(Code of Iowa, Sec. 376.4)
6.03 PRIMARY ELECTION REQUIRED. An individual for whom a valid petition
is filed becomes a candidate in the regular City election for the office for which the
individual has filed, except that a primary election must be held for offices for which the
number of individuals for whom valid petitions are filed is more than twice the number
of positions to be filled.
(Code of Iowa, Sec. 376.6)
6.04 DATE OF PRIMARY. If a primary election is necessary, it shall be held on the
Tuesday four (4) weeks before the date of the regular City election.
(Code of Iowa, Sec. 376.7)
6.05 QUALIFICATION. The names of whose candidates who receive the highest
number of votes for each office on the primary election ballot, to the extent of twice the
number of unfilled positions, must be placed on the ballot for the regular City election as
candidates for that office.
(Code of Iowa, Sec. 376.7)
6.06 CANDIDATES ELECTED. In a regular City election following a City primary,
the candidates receiving the greatest number of votes cast for each office on the ballot are
elected, to the extent necessary to fill the positions open.
(Code of Iowa, Sec. 376.8)
CHAPTER 7
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
201
91-20
98-214
01-202
June 20, 1988
August 5, 1991
November 2, 1998
March 5, 2001
Bondurant Urban Renewal Area
1991 Addition to B. U. R. A.
1998 Addition to B. U. R. A.
2001 Addition to B. U. R. A.
CHAPTER 8
URBAN REVITALIZATION
8.01 DESIGNATION OF REVITALIZATION AREAS. In accordance with
Chapter 404 of the Code of Iowa, the entire area within the corporate boundaries of the
City is designated as an Urban Revitalization Area. The Urban Revitalization Plan for
the City, on file in the office of the City Administrator, is declared to be the Urban
Revitalization Plan for the area.
CHAPTER 15
MAYOR
15.01 Term of Office
15.02 Powers and Duties
15.03 Appointments
15.04 Compensation
15.05 Voting
15.01 TERM OF OFFICE. The Mayor is elected for a term of four (4) 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, except for
supervisory duties delegated to the City Administrator, 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.
7.
City.
Contracts. Whenever authorized by the Council, sign contracts on behalf of the
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.
Library Board of Trustees
3.
Police Chief
15.04 COMPENSATION. The salary of the Mayor is sixty-two hundred dollars
($6200.00) per year, payable annually.
(Code of Iowa, Sec. 372.13[8])
(Ordinance No. 08-204)
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)
CHAPTER 16
MAYOR PRO TEM
16.01 Vice President of Council
16.02 Powers and Duties
16.03 Voting Rights
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 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 17
COUNCIL
17.01 Number and Term of Council
17.02 Powers and Duties
17.03 Exercise of Power
17.04 Council Meetings
17.05 Appointments
17.06 Compensation
17.01 NUMBER AND TERM OF COUNCIL. The Council consists of five (5)
Council members elected at large for overlapping terms of four (4) years.
(Code of Iowa, Sec. 372.4 & 376.2)
17.02 POWERS AND DUTIES. The powers and duties of the Council include, but
are not limited to the following:
1.
General. All powers of the City are vested in the Council except as otherwise
provided by law or ordinance.
(Code of Iowa, Sec. 364.2[1])
2.
Wards. By ordinance, the Council may divide the City into wards based upon
population, change the boundaries of wards, eliminate wards or create new wards.
(Code of Iowa, Sec. 372.13[7])
3.
Fiscal Authority. The Council shall apportion and appropriate all funds, and audit
and allow all bills, accounts, payrolls and claims, and order payment thereof. It shall
make all assessments for the cost of street improvements, sidewalks, sewers and other
work, improvement or repairs which may be specially assessed.
(Code of Iowa, Sec. 364.2[1], 384.16 & 384.38 [1])
4.
Public Improvements. The Council shall make all orders for the construction of
any improvements, bridges or buildings.
(Code of Iowa, Sec. 364.2[1])
5.
Contracts. The Council shall make or authorize the making of all contracts. No
contract shall bind or be obligatory upon the City unless adopted by resolution of the
Council.
(Code of Iowa, Sec. 384.100)
6.
Employees. The Council shall authorize, by resolution, the number, duties, term
of office and compensation of employees or officers not otherwise provided for by State
law or the Code of Ordinances.
(Code of Iowa, Sec. 372.13[4])
7.
Setting Compensation for Elected Officers. By ordinance, the Council shall
prescribe the compensation of the Mayor, Council members, and other elected City
officers, but a change in the compensation of the Mayor does not become effective
during the term in which the change is adopted, and the Council shall not adopt such an
ordinance changing the compensation of any elected officer during the months of
November and December in the year of a regular City election. A change in the
compensation of Council members becomes effective for all Council members at the
beginning of the term of the Council members elected at the election next following
the change in compensation.
(Code of Iowa, Sec. 372.13[8])
17.03 EXERCISE OF POWER. The Council shall exercise a power only by the
passage of a motion, a resolution, an amendment or an ordinance in the following
manner:
(Code of Iowa, Sec. 364.3[1])
1.
Action by Council. Passage of an ordinance, amendment or resolution requires
a majority vote of all of the members of the Council. Passage of a motion requires a
majority vote of a quorum of the Council. A resolution must be passed to spend
public funds in excess of twenty-five thousand dollars ($25,000.00) on any one
project, or to accept public improvements and facilities upon their completion. Each
Council member’s vote on a measure must be recorded. A measure which fails to
receive sufficient votes for passage shall be considered defeated.
(Code of Iowa, Sec. 380.4)
2.
Overriding Mayor’s Veto. Within thirty (30) days after the Mayor’s veto, the
Council may pass the measure again by a vote of not less than two-thirds of all of the
members of the Council.
(Code of Iowa, Sec. 380.6[2])
3.
Measures Become Effective. Measures passed by the Council become effective
in one of the following ways:
A.
An ordinance or amendment signed by the Mayor becomes effective when the
ordinance or a summary of the ordinance is published, unless a subsequent effective
date is provided within the ordinance or amendment.
(Code of Iowa, Sec. 380.6[1a])
B.
A resolution signed by the Mayor becomes effective immediately upon
signing.
(Code of Iowa, Sec. 380.6[1b])
C.
A motion becomes effective immediately upon passage of the motion by the
Council.
(Code of Iowa, Sec. 380.6[1c])
D.
If the Mayor vetoes an ordinance, amendment or resolution and the Council repasses the measure after the Mayor’s veto, a resolution becomes effective immediately
upon re-passage, and an ordinance or amendment becomes a law when the ordinance
or a summary of the ordinance is published, unless a subsequent effective date is
provided within the ordinance or amendment.
(Code of Iowa, Sec. 380.6[2])
E.
If the Mayor takes no action on an ordinance, amendment or resolution, a
resolution becomes effective fourteen (14) days after the date of passage, and an
ordinance or amendment becomes law when the ordinance or a summary of the
ordinance is published, but not sooner than fourteen (14) days after the date of passage,
unless a subsequent effective date is provided within the ordinance or amendment.
(Code of Iowa, Sec. 380.6[3])
“All of the members of the Council” refers to all of the seats of the Council including a
vacant seat and a seat where the member is absent, but does not include a seat where the
Council member declines to vote by reason of a conflict of interest.
(Code of Iowa, Sec. 380.4)
17.04 COUNCIL MEETINGS. Procedures for giving notice of meetings of the
Council and other provisions regarding the conduct of Council meetings are contained in
Section 5.06 of this Code of Ordinances. Additional particulars relating to Council
meetings are the following:
1.
Regular Meetings. The regular meetings of the Council are on the first and third
Monday of each month at six o’clock (6:00) p.m. at City Hall. If such day falls on a legal
holiday, the meeting is held the next day at the same time, unless a different day or time
is determined by the Council.
2.
Special Meetings. Special meetings shall be held upon call of the Mayor or upon
the written request of a majority of the members of the Council submitted to the City
Administrator. 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 City Administrator.
(Code of Iowa, Sec. 372.13[5])
3.
Quorum. A majority of all Council members is a quorum.
(Code of Iowa, Sec. 372.13[1])
4.
Rules of Procedure. The Council shall determine its own rules and maintain
records of its proceedings.
(Code of Iowa, Sec. 372.13[5])
5.
Compelling Attendance. Any three (3) members of the Council can compel the
attendance of the absent members at any regular, adjourned or duly called meeting, by
serving a written notice upon the absent members to attend at once.
17.05 APPOINTMENTS. The Council shall appoint the following officials and
prescribe their powers, duties, compensation and term of office:
1.
City Administrator
2.
City Attorney
3.
Park and Recreation Board
4.
City Engineer
5.
Planning and Zoning Commission
6.
Zoning Board of Adjustment
17.06 COMPENSATION. The salary of each Council member is seventy-five
dollars ($75.00) for each regular or special meeting of the Council attended, payable
annually.
(Code of Iowa, Sec. 372.13[8])
(Ordinance No. 03-209)
(Ordinance No. 08-207)
CHAPTER 18
CITY CLERK
18.01
18.02
18.03
18.04
18.05
18.06
18.07
Appointment and Compensation
Powers and Duties: General
Publication of Minutes
Recording Measures
Publication
Authentication
Certify Measures
18.08
18.09
18.10
18.11
18.12
18.13
Records
Attendance at Meetings
Issue Licenses and Permits
Notify Appointees
Elections
City Seal
18.01 APPOINTMENT AND COMPENSATION. The City Administrator is ex
officio City Clerk and has the duties, powers and functions prescribed in this chapter, by
State law and other ordinances of the City.
(Code of Iowa, Sec. 372.13[3])
18.02 POWERS AND DUTIES: GENERAL. The City 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 re-passed 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])
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, except that ordinances and amendments may be published by posting in the
following places:
Bondurant City Center
Bondurant Post Office
Legacy Bank
The Clerk is hereby directed to post promptly such ordinances and amendments, and
to leave them so posted for not less than ten (10) days after the first date of posting.
Unauthorized removal of the posted ordinance or amendment prior to the completion
of the ten days shall not affect the validity of said ordinance or amendment. The Clerk
shall note the first date of such posting on the official copy of the ordinance and in the
official ordinance book immediately following the ordinance.
(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.
following manner:
The Clerk shall maintain the specified City records in the
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 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 position and the time at
which they shall assume the duties of their office.
(Code of Iowa, Sec. 372.13[4])
18.12 ELECTIONS. The Clerk shall perform the following duties relating to elections
and nominations:
1.
Certify to the County Commission of Election 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.
(Ordinance No. 02-207)
(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)
4.
Note upon each petition and affidavit accepted for filing the date and time that
the petition was filed.
(Code of Iowa, Sec. 376.4)
5.
Deliver all nomination petitions, together with the text of any public measure
being submitted by the Council to the electorate, to the County Commissioner of
Elections not later than five o’clock (5:00) p.m. on the day following the last day on
which nomination petitions can be filed.
(Code of Iowa, Sec. 376.4)
18.13 CITY SEAL. The City seal is in the custody of the Clerk and shall be
attached by the Clerk to all transcripts, orders and certificates, which it may be
necessary or proper to authenticate. The City seal is circular in form, in the center of
which are the words “BONDURANT, IOWA” and around the margin of which area
the words “CITY SEAL.”
CHAPTER 19
CITY TREASURER
19.01 Appointment
19.02 Compensation
19.03 Duties of Treasurer
19.01 APPOINTMENT. The City Administrator is the Treasurer and performs all
functions required of the position of Treasurer.
19.02 COMPENSATION.
The City Administrator 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.
CHAPTER 20
CITY ATTORNEY
20.01
20.02
20.03
20.04
Appointment and Compensation
Attorney for City
Power of Attorney
Ordinance Preparation
20.05
20.06
20.07
20.08
Review and Comment
Provide Legal Opinion
Attendance at Council Meetings
Prepare Documents
20.01 APPOINTMENT AND COMPENSATION. The Council shall appoint by
majority vote a City Attorney to serve at the discretion of the Council. The City
Attorney shall receive such compensation as established by resolution of the Council.
20.02 ATTORNEY FOR CITY. The City Attorney shall act as attorney for the
City in all matters affecting the City’s interest and appear on behalf of the City before
any court, tribunal, commission or board. The City Attorney shall prosecute or defend
all actions and proceedings when so requested by the Mayor, Council or City
Administrator. However, the City may also retain the services of any other attorney
and assign such attorney any legal matter concerning the City.
(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 and/or
review 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, Council or City Administrator.
(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, Council or City Administrator.
(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])
CHAPTER 21
CITY ADMINISTRATOR
21.01 Appointment and Compensation
21.02 Administrative Responsibility
21.03 Powers and Duties Generally
21.04 Supervision of City Officers
21.01 APPOINTMENT AND COMPENSATION. The Council shall appoint by
majority vote a City Administrator to serve at the discretion of the Council. The City
Administrator shall receive such annual salary as the Council shall from time to time
establish by resolution. The City Council may, by Resolution, change the status of the
City Administrator from an at-will employee to a contract employee.
(Ordinance No. 10-200)
21.02 ADMINISTRATIVE RESPONSIBILITY. The City Administrator is
directly responsible to the Council for the administration of municipal affairs as
directed by that body. All departmental activity requiring the attention of the Council
shall be brought before the Council by the City Administrator and all Council
involvement in administration initiated by the Council must be coordinated through
the City Administrator.
21.03 POWERS AND DUTIES GENERALLY. The powers and duties of the
City Administrator include the following:
1.
Responsibility for all accounting and accounting procedures for the City.
2.
Administration of all ordinances, resolutions, Council policies, directives and
procedures.
3.
Continuous study of the City government’s operating procedures,
organizations and facilities and recommendation of fiscal and other policies to the
Council whenever necessary.
4.
Preparation and administration of the City’s annual operating budget.
5.
Supervision of the City’s administrative policies and procedures, including
personnel and purchasing.
6.
Keeping the Council informed as to the progress of its programs and the status
of its policies.
7.
Coordination and direction of all City services provided through the various
departments.
8.
Study of possible joint arrangements with municipal boards and commissions,
making recommendations for such arrangements as are mutually acceptable and
coordinating these activities as agreed upon.
9.
Assisting the Mayor in any duties as requested by the Mayor.
10.
Assisting the Council and the Planning and Zoning Commission in the
carrying out of the comprehensive plan and to assist in all other forms of planning
within the City government.
11.
Acting for the City in the exercise and execution of all policies and programs
whereby the City is involved in a joint basis with any other governmental subdivision,
agency or department.
12.
Employment and removal of City employees in accordance with Council
approved policies regarding pay, employment, and removal of such employees.
21.04 SUPERVISION OF CITY OFFICERS. The City Administrator is
responsible to the Council for the performance of all department activities. All City
officers and department heads, regardless of their method of appointment, are
responsible to the City Administrator for the conduct of their department.
CHAPTER 22
LIBRARY BOARD OF TRUSTEES
22.01
22.02
22.03
22.04
22.05
22.06
Public Library
Library Trustees
Qualifications of Trustees
Organization of the Board
Powers and Duties
Contracting with Other Libraries
22.07
22.08
22.09
22.10
22.11
22.12
Nonresident Use
Expenditures
Annual Report
Injury to Books or Property
Theft
Notice Posted
22.01 PUBLIC LIBRARY. The public library for the City is known as the Bondurant
Community Library. It is referred to in this chapter as the Library.
22.02 LIBRARY TRUSTEES. The Board of Trustees of the Library, hereinafter
referred to as the Board, consists of six (6) resident members and one (1) nonresident
member. All resident members are to be appointed by the Mayor with the approval of
the Council. The nonresident member is to be appointed by the Mayor with the approval
of the County Board of Supervisors.
22.03 QUALIFICATIONS OF TRUSTEES. All resident members of the Board
shall be bona fide citizens and residents of the City. The nonresident member of the
Board shall be a bona fide citizen and resident of the unincorporated County but within
the Bondurant-Farrar Community School District. Members shall be over the age of
eighteen (18) years.
22.04 ORGANIZATION OF THE BOARD. The organization of the Board shall be
as follows:
1.
Term of Office. All appointments to the Board shall be for six (6) years, except
to fill vacancies. Each term shall commence on January first. Appointments shall be
made in even numbered years of one-third (1/3) of the Board, to stagger the terms.
2.
Vacancies. The position of any resident Trustee shall be vacated if such member
moves permanently from the City. The position of a nonresident Trustee shall be vacated
if such member moves permanently from the County (within the Bondurant-Farrar
Community School District) or into the City. The position of any Trustee 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 or County.
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.
22.05 POWERS AND DUTIES. The Board shall have and exercise the following
powers and duties:
1.
Officers. To meet and elect from its members a President, a Secretary, and
such other officers as it deems necessary.
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 Head Librarian, and authorize the Head
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 Head 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 Head 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 Head 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 therefore, 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.
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 City; to execute deeds and bills of sale for the conveyance of said
property; and to expend the funds received by them from such gifts, for the
improvement of the Library.
11.
Enforce the Performance of Conditions on Gifts. To enforce the performance
of conditions on gifts, donations, devises and bequests accepted by the City on behalf
of the Library.
(Code of Iowa, Ch. 661)
12.
Record of Proceedings. To keep a record of its proceedings.
13.
County Historical Association. To have authority to make agreements with the
local County historical association where such exists, and to set apart the necessary room
and to care for such articles as may come into the possession of the association. The
Trustees are further authorized to purchase necessary receptacles and materials for the
preservation and protection of such articles as are in their judgment of a historical and
educational nature and pay for the same out of funds allocated for Library purposes.
22.06 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.
22.07 NONRESIDENT USE. The Board may authorize the use of the Library by
persons not residents of the City or County in any one or more of the following ways:
1.
Lending. By lending the books or other materials of the Library to nonresidents
on the same terms and conditions as to residents of the City, or County, or upon payment
of a special nonresident Library fee.
2.
Depository. By establishing depositories of Library books or other materials to
be loaned to nonresidents.
3.
Bookmobiles. By establishing bookmobiles or a traveling library so that books or
other Library materials may be loaned to nonresidents.
4.
Branch Library. By establishing branch libraries for lending books or other
Library materials to nonresidents.
22.08 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)
22.09 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.
22.10 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)
22.11 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)
22.12 NOTICE POSTED. There shall be posted in clear public view within the
Library notices informing the public of the following:
1.
Failure To Return. Failure to return Library materials for two (2) months or
more after the date the person agreed to return the Library materials, or failure to
return Library equipment for one (1) month or more after the date the person agreed to
return the Library equipment, is evidence of intent to deprive the owner, provided a
reasonable attempt, including the mailing by restricted certified mail of notice that
such material or equipment is overdue and criminal actions will be taken, has been
made to reclaim the materials or equipment.
(Code of Iowa, Sec. 714.5)
2.
Detention and Search. Persons concealing Library materials may be detained
and searched pursuant to law.
(Code of Iowa, Sec. 808.12)
CHAPTER 23
PLANNING AND ZONING COMMISSION
23.01 Planning and Zoning Commission
23.02 Term of Office
23.03 Vacancies
23.04 Compensation
23.05 Powers and Duties
23.01 PLANNING AND ZONING COMMISSION. There shall be appointed by the
Council a City Planning and Zoning Commission, hereinafter referred to as the
Commission, consisting of seven (7) members, who shall be residents of the City and
qualified by knowledge or experience to act in matters pertaining to the development of a
City plan and who shall not hold any elective office in the City government.
(Code of Iowa, Sec. 414.6 & 392.1)
23.02 TERM OF OFFICE. The term of office of the members of the Commission
shall be five (5) years. The terms of not more than one-third of the members will expire
in any one year.
(Code of Iowa, Sec. 392.1)
23.03 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)
23.04 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)
23.05 POWERS AND DUTIES.
following powers and duties:
The Commission shall have and exercise the
1.
Selection of Officers. The Commission shall choose annually at its first regular
meeting one of its members to act as Chairperson and another as Vice Chairperson, who
shall perform all the duties of the Chairperson during the Chairperson’s absence or
disability.
(Code of Iowa, Sec. 392.1)
2.
Adopt Rules and Regulations. The Commission shall adopt such rules and
regulations governing its organization and procedure as it may deem necessary.
(Code of Iowa, Sec. 392.1)
3.
Zoning. The Commission shall have and exercise all the powers and duties and
privileges in establishing the City zoning regulations and other related matters and
may
from time to time recommend to the Council amendments, supplements, changes or
modifications, all as provided by Chapter 414 of the Code of Iowa.
(Code of Iowa, Sec. 414.6)
4.
Recommendations of Improvements. No statuary, memorial or work of art in a
public place, and no public building, bridge, viaduct, street fixtures, public structure or
appurtenances, shall be located or erected, or site therefore 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 resubdivisions of land embraced in the City or adjacent thereto, laid out in lots or plats
with the streets, alleys, or other portions of the same intended to be dedicated to the
public in the City, shall first be submitted to the Commission and its recommendations
obtained before approval by the Council.
(Code of Iowa, Sec. 392.1)
6.
Review and Comment of Street and Park Improvements. No plan for any
street, park, parkway, boulevard, traffic-way, river front, or other public improvement
affecting the City plan shall be finally approved by the City or the character or
location thereof determined, unless such proposal shall first have been submitted to the
Commission and the Commission shall have had thirty (30) days within which to file
its recommendations thereon.
(Code of Iowa, Sec. 392.1)
7.
Fiscal Responsibilities. The Commission shall have full, complete and
exclusive authority to expend for and on behalf of the City all sums of money
appropriated to it, and to use and expend all gifts, donations or payments whatsoever
which are received by the City for City planning and zoning purposes.
(Code of Iowa, Sec. 392.1)
8.
Limitation on Entering Contracts. The Commission shall have no power to
contract debts beyond the amount of its original or amended appropriation as approved
by the Council for the present year.
(Code of Iowa, Sec. 392.1)
9.
Annual Report. The Commission shall each year make a report to the Mayor
and Council of its proceedings, with a full statement of its receipts, disbursements and
the progress of its work during the preceding fiscal year.
(Code of Iowa, Sec. 392.1)
CHAPTER 24
PARKS AND RECREATION BOARD
24.01 Parks and Recreation Board Created
24.02 Board Organization
24.03 Duties of the Board
24.04 Reports
24.05 Rules
24.01 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.
24.02 BOARD ORGANIZATION. The Board shall consist of seven (7) members, all
residents of the City, appointed by the Council for overlapping terms of three (3) years.
The Board shall annually choose from its membership a Chairperson, Vice Chairperson
and Secretary.
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.
24.03 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 devoted to parks and recreation,
subject to the limitation of expenditures for supplies, contracts and capital outlays set
forth in the fiscal year budget provided by the Council for parks and recreation
operations. The Board shall cooperate with the City Administrator in the allotment of
time of City employees for parks and recreation purposes. The Chairperson shall order
supplies by the procedures established by the City Administrator for all departments of
the City, and payment will be made by warrant approved by the City Administrator and
Council for invoices submitted and approved by the Board.
24.04 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 City Administrator in the manner of other
departmental expenditures, and a copy shall be provided to each member of the Board
and in the City Administrator’s report to the Council.
24.05 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.
CHAPTER 25
CITY ENGINEER
25.01 Appointment and Compensation
25.02 Qualification for Office
25.03 Duties
25.01 APPOINTMENT AND COMPENSATION. The Council shall appoint by
majority vote a City Engineer to serve at the discretion of the Council. The City
Engineer shall receive such compensation as established by resolution of the Council.
25.02 QUALIFICATION FOR OFFICE.
qualifications set by the Council.
The City Engineer shall meet the
25.03 DUTIES. The City Engineer is responsible for the following:
1.
The construction of City streets, bridges, sidewalks, sewers and other capital
improvement projects;
2.
The planning and direction of the professional work of an engineering nature
performed in the field or in the office including the preparation and preservation of
engineering surveys, designs, plans, layouts, estimates and contract documents;
3.
The care and maintenance of all buildings and properties, including the contents
thereof, used wholly or directly in the operation of the department and all other
municipally owned buildings not otherwise specifically assigned to some other
department or agency;
4.
Other duties and functions as may be assigned by State law, the provisions of this
Code of Ordinances or by the Council.
CHAPTER 27
BOARD OF ADJUSTMENT
27.01 Procedure
27.03 Decisions of the Board
27.02 Powers and Duties
27.01 PROCEDURE. Board Created. A Board of Adjustment is hereby established,
which shall consist of five (5) members appointed by the City Council, The terms of
office of the members of the Board of Adjustment and the manner of their appointment
shall be as provided by statute.
1.
Meetings. The meetings of the Board shall be held at the call of the chairman and
at such other times as the Board may determine such chairman, or in his absence the
acting chairman, may administer oaths and compel the attendance of witnesses, All
meetings of the Board shall be open to the public. The Board shall keep minutes of its
proceedings, showing the vote of each member on each question, or if absent or failing to
vote, indicating such fact, and shall keep records of its examinations and other official
actions, all of which shall be immediately filed in the office of the Board and shall be a
public record. The presence of three (3) members shall be necessary to constitute a
quorum.
2.
Appeals. Appeals to the Board may be taken by any person aggrieved or by an
officer, department board or bureau of the City of Bondurant affected by any decision of
the Zoning Administrator. Such appeal shall be taken within ten (10) days by filing with
the Zoning Administrator and with the Board a notice of appeal specifying the grounds
thereof The Zoning Administrator shall forthwith transmit to the Board all papers
constituting the record upon, which the action appealed from is taken.
An appeal stays all proceedings in furtherance of the action appealed from, unless the
Zoning Administrator certifies to the Board, after notice of appeal shall have been filed
with him, that by reason of the facts stated in the certificate, a stay would, in his opinion,
cause imminent peril to life or property. In such case, proceedings shall not be stayed
otherwise than by a restraining order which may be granted by the Board or by a court of
record on application, on notice to the Zoning Administrator and on due cause shown,
The Board shall fix within sixty (60) days a time for the hearing on the appeal, give
public notice thereof as well as due notice to the parties in interest, and decide the same
within a reasonable time. At the hearing any party may appear in person or by agent, or
by attorney. Before an appeal is filed with the Board of Adjustment, the appellant shall
pay a fee of one-hundred dollars ($100) to the City Treasurer to be credited to the general
fund of the City of Bondurant.
(Ordinance No. 08-217)
27.02 POWERS AND DUTIES.
The Board shall have the following powers and duties:
1.
To hear and decide appeals where it is alleged there is an error in any order,
requirement, decision, or determination made by the Zoning Administrator in
enforcement of this Ordinance.
2.
To grant a variation from the terms of this Ordinance when a property owner
can show that his property was acquired in good faith and where by reason of
exceptional narrowness shallowness, or shape of a specific piece of property, or where
by reason of exceptional topographical conditions or other extraordinary or
exceptional situation, the strict application of the terms of this Ordinance actually
prohibits the use of his property in a manner reasonably similar to that of other
property in the same district, and where the Board is satisfied under the evidence
before it that:
A.
The land in question cannot yield a reasonable return if used only for a purpose
allowed in the district in which it is located; and
B.
That special conditions and circumstances exist, which are peculiar to the land,
structure, or building involved, and which are not applicable to other lands, structures,
or buildings, in the same district;
C.
The plight of the owner of the land in question is due to the unique
circumstances shown to the Board and is not of his own making;
D.
That granting the variance requested will not confer on the applicant any
special privilege that is denied by this Ordinance to other lands, structures or buildings
in the same district;
E.
The use to be authorized by the variation will not alter the essential character of
the locality of the land in question.
Provided, however, that all variations granted under this clause shall be in harmony
with the intended spirit and purpose of this Ordinance and shall not be injurious to the
surrounding property or otherwise detrimental to the public welfare.
A variance shall not be granted by the Board, unless and until a public hearing is held.
Notice of said public hearing shall be given in advance by publishing in a newspaper
of general circulation in the city at least 15 days prior to such hearing. The owner of
the property for which the variance is sought or his agent and owners of any other
affected property within 200 feet of said property shall be notified by mail; names and
addresses of such adjacent land owners shall be furnished to the Administrator by the
applicant. Further provided that no variance shall be granted unless the Board shall
make findings that the requirements of this Section have been met by the applicant for
the variance and that the reasons set forth in the application justify the granting of the
variance.
In granting any variance, the Board may prescribe appropriate conditions and safeguards
in conformity with this Ordinance. Violation of such conditions and safeguards, when
made a part of the terms under which the variance is granted, shall be deemed a violation
of this Ordinance and punishable under Chapter 32 of this Ordinance.
Under no circumstances shall the Board grant a variance to allow a use not permissible
under the terms of this Ordinance in the district involved, or any use expressly or by
implication prohibited by the terms of this Ordinance in said district.
To permit the following exceptions to the district regulations set forth in this Ordinance,
provided all exceptions shall be by their design, construction and operation adequately
safeguard the health, safety and welfare of the occupants of adjoining and surrounding
property, shall not impair an adequate supply of light and air to adjacent property, shall
not increase congestion in the public streets, shall not increase public danger of fire or
flood, and shall not diminish or impair established property values in surrounding areas.
To permit erection and use of a building or the use of premises or vary the height, yard or area
regulations in any location for a public service corporation for public utility purposes, or for
purpose of public communication, which the Board determines is reasonably necessary for the
public convenience or welfare.
To permit the extension of a zoning district where the boundary line of a district divides a
lot in single ownership as shown of record or by existing contract or purchase at the time
of the passage of this Ordinance, but in no case shall such extension of the district
boundary line exceed forty (40) feet in any direction.
To hear and decide only such other special exceptions as the Board is specifically
authorized to pass on by the terms of this Ordinance; to decide such questions as are
involved in determining whether special exceptions should be granted; and to grant
special exceptions with such conditions and safeguards as are appropriate under this
Ordinance, or to deny special exceptions when not in harmony with the purpose and
intent of this Ordinance. A special exception shall not be granted by the Board unless
and until:
(1) A written application for special exception is submitted indicating the section of this
Ordinance under which the special exception is sought and stating the grounds on which
it is requested.
(2) Notice of public hearing shall be given in advance of public hearing by publishment
of such notice in a newspaper of general circulation in the city 15 days prior to such
hearing. The owner of the property for which special exception is sought or his agent and
owners of any other affected property within 200 feet of said property shall be notified by
mail; names and addresses of such landowners shall be furnished to the Administrator by
the applicant. Notice of hearing may also be posted on the property for which special
exception is sought.
(3) The public hearing shall be held. Any party may appear in person, or by agent or
attorney.
(4) The Board shall make a finding that it is empowered under the Section of this
Ordinance described in the application to grant the special exception, and that the
granting of the special exception will not adversely affect the public interest.
In granting any special exception, the Board may prescribe appropriate conditions and
safeguards in conformity with this Ordinance. Violations of such conditions and
safeguards, when made a part of the terms under which the special exception is
granted, shall be deemed a violation of this Ordinance. The board may prescribe a
time limit within which the action for which the special exception is required shall be
begun or completed, or both. Failure to begin or complete, or both, such action within
the time limit set, shall void the special exception.
27.03 DECISIONS OF THE BOARD OF ADJUSTMENT.
In exercising the above mentioned powers, the Board may, in conformity with the
provisions of law, reverse or atrium, wholly or partly, or modify the order,
requirement, decision or determination appealed from, and may make such order,
requirement, decision or determinations as it believes proper, and to that end shall
have all the powers of the Zoning Administrator. The concurring vote of three (3) of
the members of the Board shall be necessary to reverse any order, requirement,
decision or determination of the Zoning Administrator, or to decide in favor of the
applicant on any matter upon which it is required to pass under this Ordinance;
provided, however, that the action of the Board shall not become effective until after
the resolution of the Board, setting forth the full reason for its decision and the vote of
each member participating therein, has been filed. Such resolution, immediately
following the Board's final decision, shall be filed in the office of the City
Administrator, and shall be open to public inspection.
Every variation and exception granted or denied by the Board shall be supported by a
written testimony or evidence submitted in connection therewith.
Any taxpayer, or any officer, department, board or bureau of the City of Bondurant, or
any person or persons jointly or severally aggrieved by any decision of the Board may
present to a court of record a petition, duly verified setting forth that such decision is
illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall
be presented to the court within thirty (30) days after the filing of the decision in the
office of the Board.
If any application for a variance or exception shall have been denied by the Board, then
no new application for the same relief shall be considered by the Board unless the Board
shall find what conditions have changed.
(Ordinance No. 06-210)
CHAPTER 28
CITY TREE BOARD
28.01 Purpose
28.02 City Tree Board
28.03 Board Members
28.04 Board Organization
28.05 Compensation
28.06 Powers and Duties
28.01 PURPOSE. It is the purpose of this chapter to provide for the
establishment of a City Tree Board for the City, for the appointment of its Board
members and to specify its powers and duties.
28.02 CITY TREE BOARD. There is hereby established the Bondurant City Tree
Board.
28.03 BOARD MEMBERS. The City Tree Board shall consist of three (3)
members, all of whom shall be citizens and residents of the City, to be appointed by
the Council.
28.04 BOARD ORGANIZATION. The term shall be four (4) years with one of
the members appointed to the first Board shall be for only one year and the term of
two members of the first Board shall be for two years. In the event that a vacancy
shall occur during the term of any member, the successor shall be appointed by the
Council for the unexpired portion of the term.
28.05 COMPENSATION. Members of the City Tree Board shall serve without
compensation.
28.06 POWERS AND DUTIES. The City Tree Board shall have the following
powers and duties.
1.
The Board shall act as an advisory committee to the Park and Recreation Board.
The Board shall have the responsibility to study, investigate, counsel, develop and
update a written plan for the care, preservation, pruning, planting, replanting, removal
or disposition of trees and shrubs in parks and in other public areas. Such a plan will
be presented to the Council and upon its acceptance and approval shall constitute the
official comprehensive City Tree Plan for the City. The City Tree Board, when
requested by the Park and Recreation Board, shall consider, investigate, make
findings, report and recommend upon any special matter of question coming within
the scope of its work.
2.
The Board shall choose its own officers, make its own rules and regulations and
keep a journal of its proceedings. A majority of the members shall be a quorum for
the transaction of business.
(Ordinance No.03-207)
CHAPTER 30
POLICE DEPARTMENT
30.01
30.02
30.03
30.04
30.05
30.06
Department Established
Organization
Peace Officer Qualifications
Required Training
Compensation
Police Chief Appointed
30.07
30.08
30.09
30.10
30.11
Police Chief: Duties
Departmental Rules
Summoning Aid
Taking Weapons
Contract Law Enforcement
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 POLICE CHIEF APPOINTED. The Mayor shall appoint and dismiss the
Police Chief subject to the consent of a majority of the Council.
(Code of Iowa, Sec. 372.4)
30.07 POLICE CHIEF: DUTIES. The Police Chief has the following powers and
duties subject to the approval of the Council.
(Code of Iowa, Sec. 372.13 [4])
1.
General. Perform all duties required of the police chief by law or ordinance.
2.
Enforce Laws. Enforce all laws, ordinances and regulations and bring all persons
committing any offense before the proper court.
3.
Writs. Execute and return all writs and other processes directed to the Police
Chief.
4.
Accident Reports. Report all motor vehicle accidents investigated to the State
Department of Transportation.
(Code of Iowa, Sec. 321.266)
5.
Prisoners. Be responsible for the custody of prisoners, including conveyance to
detention facilities as may be required.
6.
Assist Officials. When requested, provide aid to other City officers, boards and
commissions in the execution of their official duties.
7.
Investigations. Provide for such investigation as may be necessary for the
prosecution of any person alleged to have violated any law or ordinance.
8.
Record of Arrests. Keep a record of all arrests made in the City by showing
whether said arrests were made under provisions of State law or City ordinance, the
offense charged, who made the arrest and the disposition of the charge.
9.
Reports. Compile and submit to the Mayor and Council an annual report as
well as such other reports as may be requested by the Mayor or Council.
10. Command. Be in command of all officers appointed for police work and be
responsible for the care, maintenance and use of all vehicles, equipment and materials
of the department.
30.08 DEPARTMENTAL RULES. The Police Chief shall establish such rules,
not in conflict with the Code of Ordinances, and subject to the approval of the
Council, as may be necessary for the operation of the department.
30.09 SUMMONING AID. Any peace officer making a legal arrest may orally
summon as many persons as the officer reasonably finds necessary to aid the officer in
making the arrest.
(Code of Iowa, Sec. 804.17)
30.10 TAKING WEAPONS. Any person who makes an arrest may take from the
person arrested all items which are capable of causing bodily harm which the arrested
person may have within such person’s control to be disposed of according to law.
(Code of Iowa, Sec. 804.18)
30.11 CONTRACT LAW ENFORCEMENT. In lieu of the appointment of a
police chief by the Mayor as provided by Section 30.06, the Council may contract
with the County Sheriff or any other qualified lawful entity to provide law
enforcement services within the City and in such event the Sheriff or such other entity
shall have and exercise the powers and duties of the Police Chief as provided herein.
(Code of Iowa, Sec. 28E.30)
CHAPTER 35
BONDURANT EMERGENCY SERVICES
35.01
35.02
35.03
35.04
35.05
35.06
35.07
35.08
Establishment and Purpose
Organization
Approval of Members
Training
Compensation
Fire Chief Appointed
Fire Chief: Duties
EMS Services
35.09
35.10
35.11
35.12
35.13
35.14
35.15
Obedience to Fire Chief
Constitution
Accidental Injury Insurance
Liability Insurance
Calls Outside Fire District
Mutual Aid
Authority to Cite Violations
35.01 ESTABLISHMENT AND PURPOSE. The Bondurant Emergency Services 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 Bondurant Emergency Services consists of the Fire
Chief, EMS Coordinator and such other officers and personnel as may be authorized by
the Council.
(Code of Iowa, Sec. 372.13[4])
35.03 APPROVAL OF MEMBERS. No person having otherwise qualified shall be
appointed to the Bondurant Emergency Services without the approval of the Fire Chief
and submittal of same to the City Administrator.
35.04 TRAINING. All members of the Bondurant Emergency Services 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 Bondurant Emergency Services 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 Mayor shall appoint the Fire Chief for a term
of one (1) year or to fill a vacancy.
(Code of Iowa, Sec. 372.13[4])
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 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 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 Bondurant Emergency Services. Members 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 Bondurant
Emergency Services.
8.
Notification. Whenever death, serious bodily injury, or property damage in
excess of two hundred thousand dollars ($200,000) has occurred as a result of a fire, or
if arson is suspected, notify the State Fire Marshal’s Division immediately. For all
other fires causing an estimated damage of fifty dollars ($50.00) or more or emergency
responses by the 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 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 Bondurant Emergency Services as well as such other reports as
may be requested by the Mayor, Council or City Administrator.
35.08 EMS SERVICES. The Bondurant Emergency Services includes a rescue squad
to aid and assist victims of injury, illness or accidents, and the transportation of same to
appropriate medical facilities. Said services are to be rendered within the limits of the
City and within the limits of any other area designated by the Council.
1.
Squad Composition. The rescue squad shall consist of such volunteers as may
from time to time be deemed necessary for the effective operation of the ambulance by the
EMS Coordinator.
2.
Training of Volunteers. Volunteers appointed by the Fire Chief and EMS
Coordinator to the rescue squad shall have successfully completed all training required by
the EMS Coordinator, State of Iowa Board of Medical Examiners and the Council.
3.
Fees. Fees shall be charged to all persons being given medical assistance or
provided transportation to a medical facility by the rescue squad in accordance with the
fee schedule established by resolution of the Council.
35.09 OBEDIENCE TO FIRE CHIEF. No person shall willfully fail or refuse to
comply with any lawful order or direction of the Fire Chief.
35.10 CONSTITUTION.
The Bondurant Emergency Services shall adopt a
constitution and bylaws as they deem calculated to accomplish the object contemplated,
and such constitution and bylaws and any change or amendment to such constitution and
bylaws before being effective, must be approved by the Council.
35.11 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 members injured in the
performance of their duties whether within or outside the corporate limits of the City. All
members shall be covered by the contract.
(Code of Iowa, Sec. 85.2, 85.61 and Sec. 410.18)
35.12 LIABILITY INSURANCE. The Council shall contract to insure against
liability of the City or members of the Bondurant Emergency Services for injuries,
death or property damage arising out of and resulting from the performance of duties
within or outside the corporate limits of the City.
(Code of Iowa, Sec. 670.2 & 517A.1)
35.13 CALLS OUTSIDE FIRE DISTRICT. The Bondurant Emergency Services
shall answer calls to fires and other emergencies outside the Fire District if the Fire
Chief determines that such emergency exists and that such action will not endanger
persons and property within the Fire District.
(Code of Iowa, Sec. 364.4 [2 & 3])
35.14 MUTUAL AID. Subject to approval by resolution of the Council, the
Bondurant Emergency Services may enter into mutual aid agreements with other
legally constituted fire departments. Copies of any such agreements shall be filed with
the City Administrator.
(Code of Iowa, Sec. 364.4 [2 & 3])
35.15 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)
CHAPTER 36
HAZARDOUS SUBSTANCE SPILLS
36.01
36.02
36.03
36.04
Purpose
Definitions
Cleanup Required
Liability for Cleanup Costs
36.05 Notifications
36.06 Police Authority
36.07 Liability
36.01 PURPOSE. In order to reduce the danger to the public health, safety and
welfare from the leaks and spills of hazardous substances, these regulations are
promulgated to establish responsibility for the treatment, removal and cleanup of
hazardous substance spills within the City limits.
36.02 DEFINITIONS. For purposes of this chapter the following terms are defined:
1.
“Cleanup” means actions necessary to contain, collect, control, identify, analyze,
clean up, treat, disperse, remove or dispose of a hazardous substance.
(Code of Iowa, Sec. 455B.381[1])
2.
“Hazardous condition” means any situation involving the actual, imminent or
probable spillage, leakage, or release of a hazardous substance onto the land, into a water
of the State or into the atmosphere which creates an immediate or potential danger to the
public health or safety or to the environment.
(Code of Iowa, Sec. 455B.381[4])
3.
“Hazardous substance” means any substance or mixture of substances that presents
a danger to the public health or safety and includes, but is not limited to, a substance that
is toxic, corrosive, or flammable, or that is an irritant or that generates pressure through
decomposition, heat, or other means. “Hazardous substance” may include any hazardous
waste identified or listed by the administrator of the United States Environmental
Protection Agency under the Solid Waste Disposal Act as amended by the Resource
Conservation and Recovery Act of 1976, or any toxic pollutant listed under section 307
of the Federal Water Pollution Control Act as amended to January 1, 1977, or any
hazardous substance designated under Section 311 of the Federal Water Pollution
Control Act as amended to January 1, 1977, or any hazardous material designated by the
Secretary of Transportation under the Hazardous Materials Transportation Act.
(Code of Iowa, Sec. 455B.381[5])
4.
“Responsible person” means a person who at any time produces, handles, stores,
uses, transports, refines, or disposes of a hazardous substance, the release of which
creates a hazardous condition, including bailees, carriers, and any other person in control
of a hazardous substance when a hazardous condition occurs, whether the person owns
the hazardous substance or is operating under a lease, contract, or other agreement with
the legal owner of the hazardous substance.
(Code of Iowa, Sec. 455B.381[7])
36.03 CLEANUP REQUIRED. Whenever a hazardous condition is created by the
deposit, injection, dumping, spilling, leaking or placing of a hazardous substance, so
that the hazardous substance or a constituent of the hazardous substance may enter the
environment or be emitted into the air or discharged into any waters, including ground
waters, the responsible person shall cause the condition to be remedied by a cleanup,
as defined in the preceding section, as rapidly as feasible to an acceptable, safe
condition. The costs of cleanup shall be borne by the responsible person. If the
responsible person does not cause the cleanup to begin in a reasonable time in relation
to the hazard and circumstances of the incident, the City may, by an authorized officer,
give reasonable notice, based on the character of the hazardous condition, said notice
setting a deadline for accomplishing the cleanup and stating that the City will proceed
to procure cleanup services and bill the responsible person for all costs associated with
the cleanup if the cleanup is not accomplished within the deadline. In the event that it
is determined that immediate cleanup is necessary as a result of the present danger to
the public health, safety and welfare, then no notice shall be required and the City may
proceed to procure the cleanup and bill the responsible person for all costs associated
with the cleanup. If the bill for those services is not paid within thirty (30) days, the
City Attorney shall proceed to obtain payment by all legal means. If the cost of the
cleanup is beyond the capacity of the City to finance it, the authorized officer shall
report to the Council and immediately seek any State or Federal funds available for
said cleanup.
36.04 LIABILITY FOR CLEANUP COSTS. The responsible person shall be
strictly liable for all of the following:
1.
The reasonable cleanup costs incurred by the City as a result of the failure of
the responsible person to clean up a hazardous substance involved in a hazardous
condition.
2.
The reasonable costs incurred by the City to evacuate people from the area
threatened by a hazardous condition caused by the person.
3.
The reasonable damages to the City for the injury to, destruction of, or loss of
City property, including parks and roads, resulting from a hazardous condition caused
by that person, including the costs of assessing the injury, destruction or loss.
36.05 NOTIFICATIONS.
1.
A person manufacturing, storing, handling, transporting, or disposing of a
hazardous substance shall notify the State Department of Natural Resources and the
County Sheriff 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 County Sheriff shall immediately notify the Department of
Natural Resources.
2.
Any other person who discovers a hazardous condition shall notify the County
Sheriff, who shall then notify the Department of Natural Resources.
36.06 POLICE AUTHORITY. If the circumstances reasonably so require, the law
enforcement officer or an authorized representative may:
1.
Evacuate persons from their homes to areas away from the site of a hazardous
condition, and
2.
Establish perimeters or other boundaries at or near the site of a hazardous
condition and limit access to cleanup personnel.
No person shall disobey an order of any law enforcement officer issued under this
section.
36.07 LIABILITY. The City shall not be liable to any person for claims of damages,
injuries, or losses resulting from any hazardous condition, unless the City is the
responsible person as defined in Section 36.02[4].
CHAPTER 37
ALARM SYSTEMS
37.01 Purpose
37.02 Definitions
37.03 False Alarms
37.04 False Alarm Grace Period
37.05 False Alarm Service Charges
37.06 Extreme Weather Conditions
37.01 PURPOSE. It is the purpose of this chapter to maintain a state of readiness to
respond to legitimate public safety calls from the general public and to protect the
general public traveling the streets and the personnel of the Police Department and
Bondurant Emergency Services from the dangers created in responding to erroneous,
false and mistaken response calls from security, fire or other specialized electronic or
mechanical alarms or alarm systems.
37.02 DEFINITIONS. For use in this chapter the following terms are defined:
1.
“Alarm company” means any person, firm, corporation or entity who installs
and/or services an alarm system as defined herein.
2.
“Alarm system” means any assembly of equipment, mechanical or electrical,
connected either directly or indirectly to a public safety dispatch center utilized by the
City and including all forms of audible exterior alarms arranged to signal the
occurrence of an illegal entry, fire or other activity, requiring urgent attention, and to
which police officers, firefighters and emergency medical technicians are expected to
respond.
3.
“Building” means any house, dwelling, apartment, business, structure or place
within the City.
4.
“Chief” means the Police and/or Fire Chief of the City.
5.
“Error or mistake” means any error or mistake as a result of any action by any
person, firm, corporation or other entity owning or operating any dwelling, building or
place, or any action by an agent or employee of said person, firm, corporation, or any
other entity which results in the activation of an alarm system when no emergency
exists.
6.
“Intentional misuse” means any voluntary activation of an alarm system when
no burglary, fire or other emergency exists or is in progress and includes knowingly
testing an alarm system without first notifying the Police Department or Bondurant
Emergency Services and receiving approval for the same.
7.
“Malfunction” means any unintentional activation of any alarm system caused
by an electronic or mechanical malfunction or flaw in the design, installation, or
maintenance of the system. This shall not include any activation caused by any
violent condition of nature or other extraordinary circumstance.
8.
“Owner” means any person, firm, corporation, entity, leaseholder or operator
causing any alarm system to be installed in any building.
37.03 FALSE ALARMS. No person shall knowingly or intentionally activate any
alarm system when no emergency situation exists. Any person who knowingly activates
any false alarm shall be guilty of a simple misdemeanor.
37.04 FALSE ALARM GRACE PERIOD. Upon the installation of a new or
replacement alarm system, a grace period of fourteen (14) calendar days will be allowed
for the owner to become familiar with the operations of the alarm system and to make
corrections to the system. Service charges for false alarms shall be waived during the
grace period provided the number of false alarms is not excessive. The following shall
be deemed an excessive number of false alarms during the grace period:
1.
Three (3) or more false alarms in one (1) calendar day or twenty-four (24) hour
period; or
2.
Six (6) or more false alarms in the first fourteen (14) calendar days after
installation of the alarm system.
The service charge for an excessive number of false alarms during the grace period may
be waived by the appropriate Chief, at their discretion, due to extenuating circumstances
as determined on a case-by-case review.
37.05 FALSE ALARM SERVICE CHARGES. If an alarm system activates a false
alarm for either the Police Department or Bondurant Emergency Services, the service
charge for each false alarm shall be as follows:
1.
For the first two (2) false alarms in a rolling twelve (12) months – Written letter
of occurrence per each false alarm
2.
For the 3rd through and including the 4th incident in a rolling twelve (12) months
- One hundred dollars ($100.00) per each false alarm.
3.
For the 5th through and including the 7th incident in a rolling twelve (12) months
- Three hundred dollars ($300.00) for each false alarm.
4.
For the 8th and above incidents in a rolling twelve (12) months – Five hundred
($500) per each false alarm.
(Ordinance No. 08-206)
If the alarm system is corrected, with proof from the alarm company, within ten (10)
calendar days after the most recent false alarm, the service charge for the most recent
false alarm may be waived by the appropriate Chief.
37.06 EXTREME WEATHER CONDITIONS. The service charge for a false alarm
may be waived by the appropriate Chief, at their discretion, during extreme weather
conditions, in recognition that an alarm system may be activated by environmental
conditions.
CHAPTER 38
RAPID ENTRY SYSTEM
38.01 Purpose
38.02 Applicability
38.03 Definitions
38.04 Installation Requirements
38.05 Penalties for Offenses
38.01 PURPOSE. It is the purpose of this chapter to provide for and recognize the
importance of providing Bondurant Emergency Services rapid entry into locked
buildings.
38.02
APPLICABILITY. The following sections apply to all buildings within
the City of Bondurant, Polk County, Iowa, that:
A.
Are used for Public Buildings, Restricted Business, Industrial, Commercial or
Limited Commercial use, as defined in Chapter 156 of this Code and
1.
contain a fire alarm system that uses an automatic dialer, or
2.
contain an automatic fire suppression system, or
3.
is a facility that is required to prepare and have available material safety data
sheets and / or hazardous chemical inventory forms under the Superfund Amendments
and Reauthorization Act of 1986 (SARA Title III)
38.03 DEFINITIONS. For use in this chapter, the following terms are defined:
1.
“Automatic Dialer” means a device that automatically dials and relays a
prerecorded message to a central station, the Polk County dispatch center or
Bondurant Emergency Services.
2.
“Automatic Fire Suppression System” means a system or assembly of piping,
valves, controls and sprinklers, which are designed and installed to comply with the
NFPA standards, which utilized water, foam, CO2 or other gas to automatically react
to suppress fire.
3.
“Central System” means an office of a private company to which remote alarm
and supervisory signaling devices are transmitted and where personnel are in
attendance at all times to supervise the circuits and investigate signals.
4.
“Fire Alarm System” means equipment which automatically actuates a fire
alarm when the detecting element is exposed to fire, smoke, abnormal rise or decrease
in temperature or activation of a sprinkler system or manually activated device.
5.
“Lock Box” means a high security key vault, which is listed under UL 1610
and UL 1037 standards, master keyed with a Medeco Biaxial Level 7 or equivalent
lock. Locks shall be keyed to the key configuration provided by Bondurant
Emergency Services.
6.
“Lock Box Document Vault” means a high security steel plate vault a minimum
of fourteen (14”) inches high by twelve (12”) inches wide by two (2”) inches deep,
constructed to the same standards as the Lock Box, for the storage of documents.
38.04 INSTALLATION REQUIREMENTS.
1.
The owner of applicable buildings, as described in Section 38.03 above, shall
install or cause to be installed a Lock Box system and / or Lock Box Document Vault
prior to the issuance of a Certificate of Occupancy for any portion of the building for
new or remodeling construction or within eighteen (18) months of the adoption date of
this ordinance if no new construction or remodeling takes place.
2.
The Lock Box shall be installed on the front of the building near the main entry
door and between six (6) and eight (8) feet above the ground unless approved at a
higher or lower level by the Building Inspection Officer of the City.
3.
The Lock Box shall contain the key(s) for the exterior doors, the keys for all the
interior doors within the building and a scaled floor plan of the building. In lieu of
having the interior keys at this location, a second Lock Box may be located within the
main lobby of the building to hold these keys. Keys within the Lock Box shall be
labeled for easy identification either by the tenant name or indexed to a floor plan of
the building and shall be kept current.
4.
Where a building contains a business that is required to maintain Material
Safety Data Sheets, a Lock Box Document Vault shall be installed. The Lock Box
Document Vault shall be installed on the front of the building, near the main entry
door and between six (6) and eight (8) feet above the ground unless approved at a
higher or lower level by the Building Inspection Officer of the City. The vault shall
contain copies of the Material Safety Data Sheets that are required to be on file within
the building as well as a floor plan or written description that indicates the location of
the general areas of these materials will be found within the building.
38.05 PENALTIES FOR OFFENSES. Any violation of this chapter is hereby
declared to be an offense, punishable pursuant to Chapter 4, Municipal Infractions.
(Ordinance No. 05-201)
CHAPTER 40
PUBLIC PEACE
40.01 Assault
40.02 Harassment
40.03 Disorderly Conduct
40.01 ASSAULT.
following:
40.04 Unlawful Assembly
40.05 Failure to Disperse
No person shall, without justification, commit any of the
1.
Pain or Injury. Any act which is intended to cause pain or injury to, or which
is intended to result in physical contact which will be insulting or offensive to another,
coupled with the apparent ability to execute the act.
(Code of Iowa, Sec. 708.1 [1])
2.
Threat of Pain or Injury. Any act which is intended to place another in fear of
immediate physical contact which will be painful, injurious, insulting, or offensive,
coupled with the apparent ability to execute the act.
(Code of Iowa, Sec. 708.1 [2])
However, where the person doing any of the above enumerated acts, and such other
person, are voluntary participants in a sport, social or other activity, not in itself
criminal, and such act is a reasonably foreseeable incident of such sport or activity,
and does not create an unreasonable risk or serious injury or breach of the peace, the
act is not an assault. Provided, where the person doing any of the above enumerated
acts is employed by a school district or accredited nonpublic school, or is an area
education agency staff member who provides services to a school or school district,
and intervenes in a fight or physical struggle, or other disruptive situation that takes
place in the presence of the employee or staff member performing employment duties
in a school building, on school grounds or at an official school function regardless of
the location, the act is not an assault, whether the fight or physical struggle or other
disruptive situation is between students or other individuals if the degree and the force
of the intervention is reasonably necessary to restore order and to protect the safety of
those assembled.
(Code of Iowa, Sec. 708.1)
40.02 HARASSMENT. No person shall commit harassment.
1.
A person commits harassment when, with intent to intimidate, annoy or alarm
another person, the person does any of the following:
A.
Communicates with another by telephone, telegraph, writing or via electronic
communication without legitimate purpose and in a manner likely to cause the other
person annoyance or harm.
(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])
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 (3) or more persons to
assemble together, with them or any of them acting in a violent manner, and with
intent that they or any of them will commit a public offense. No person shall willingly
join in or remain part of an unlawful assembly, knowing or having reasonable grounds
to believe it is such.
(Code of Iowa, Sec. 723.2)
40.05 FAILURE TO DISPERSE. A peace officer may order the participants in a
riot or unlawful assembly or persons in the immediate vicinity of a riot or unlawful
assembly to disperse. No person within hearing distance of such command shall
refuse to obey.
(Code of Iowa, Sec. 723.3)
CHAPTER 41
PUBLIC HEALTH AND SAFETY
41.01 Distributing Dangerous Substances
41.02 False Reports to or Communications with Public
Safety Entities
41.03 Refusing to Assist Officer
41.04 Harassment of Public Officers and Employees
41.05 Abandoned or Unattended Refrigerators
41.06 Antenna and Radio Wires
41.07
41.08
41.09
41.10
41.11
41.12
41.13
Barbed Wire and Electric Fences
Discharging Weapons
Throwing and Shooting
Urinating and Defecating
Fireworks
Drug Paraphernalia
Interference with Official Acts
41.01 DISTRIBUTING DANGEROUS SUBSTANCES. No person shall distribute
samples of any drugs or medicine, or any corrosive, caustic, poisonous or other injurious
substance unless the person delivers such into the hands of a competent person, or
otherwise takes reasonable precautions that the substance will not be taken by children or
animals from the place where the substance is deposited.
(Code of Iowa, Sec. 727.1)
41.02 FALSE REPORTS TO OR COMMUNICATIONS WITH PUBLIC
SAFETY ENTITIES. No person shall do any of the following:
(Code of Iowa, Sec. 718.6)
1.
Report or cause to be reported false information to a fire department, a law
enforcement authority or other public safety entity, knowing that the information is false,
or report the alleged occurrence of a criminal act knowing the act did not occur.
2.
Telephone an emergency 911 communications center, knowing that he or she is
not reporting an emergency or otherwise needing emergency information or assistance.
3.
Knowingly provide false information to a law enforcement officer who enters the
information on a citation.
41.03 REFUSING TO ASSIST OFFICER. Any person who is requested or ordered
by any magistrate or peace officer to render the magistrate or officer assistance in making
or attempting to make an arrest, or to prevent the commission of any criminal act, shall
render assistance as required. No person shall unreasonably and without lawful cause,
refuse or neglect to render assistance when so requested.
(Code of Iowa, Sec. 719.2)
41.04 HARASSMENT OF PUBLIC OFFICERS AND EMPLOYEES. No person
shall willfully prevent or attempt to prevent any public officer or employee from
performing the officer’s or employee’s duty.
(Code of Iowa, Sec. 718.4)
41.05 ABANDONED OR UNATTENDED REFRIGERATORS. No person shall
abandon or otherwise leave unattended any refrigerator, ice box, or similar container,
with doors that may become locked, outside of buildings and accessible to children, nor
shall any person allow any such refrigerator, ice box, or similar container, to remain
outside of buildings on premises in the person’s possession or control, abandoned or
unattended and so accessible to children.
(Code of Iowa, Sec. 727.3)
41.06 ANTENNA AND RADIO WIRES. It is unlawful for a person to allow
antenna wires, antenna supports, radio wires or television wires to exist over any
street, alley, highway, sidewalk, public way, public ground or public building without
written consent of the Council.
(Code of Iowa, Sec. 364.12 [2])
41.07 BARBED WIRE AND ELECTRIC FENCES. It is unlawful for a person to
use barbed wire or electric fences to enclose land within the City limits without the
written consent of the Council unless such land consists of ten (10) acres or more and
is used as agricultural land.
41.08
DISCHARGING WEAPONS.
1.
It is unlawful for a person to discharge rifles, shotguns, revolvers, pistols,
guns, BB guns or other firearms of any kind within the City limits except by written
consent of the Council.
2.
No person shall intentionally discharge a firearm in a reckless manner.
41.09 THROWING AND SHOOTING. It is unlawful for a person to throw
stones, bricks or missiles of any kind or to shoot arrows, rubber guns, slingshots, air
rifles or other dangerous instruments or toys on or into any street, alley, highway,
sidewalk, public way, public ground or public building, without written consent of the
Council.
(Code of Iowa, Sec. 364.12 [2])
41.10 URINATING AND DEFECATING. It is unlawful for any person to urinate
or defecate onto any sidewalk, street, alley, or other public way, or onto any public or
private building, including but not limited to the wall, floor, hallway, steps, stairway,
doorway or window thereof, or onto any public or private land.
41.11 FIREWORKS. The sale, use or exploding of fireworks within the City are
subject to the following:
1.
Definition. The term “fireworks” includes any explosive composition, or
combination of explosive substances, or articles prepared for the purpose of producing
a visible or audible effect by combustion, explosion, deflagration or detonation, and
specifically includes blank cartridges, firecrackers, torpedoes, skyrockets, roman
candles, or other fireworks of like construction and any fireworks containing
any
explosive or flammable compound, or other device containing any explosive
substance.
(Code of Iowa, Sec. 727.2)
2.
Regulations. It is unlawful for any person to offer for sale, expose for sale, sell
at retail, or use or explode any fireworks; provided the City may, upon application in
writing, grant a permit for the display of fireworks by a City agency, fair associations,
amusement parks and other organizations or groups of individuals approved by City
authorities when such fireworks display will be handled by a competent operator. No
permit shall be granted hereunder unless the operator or sponsoring organization has
filed with the City evidence of insurance in the following amounts:
A. Personal Injury: - $250,000.00 per person.
B. Property Damage: - $50,000.00.
C. Total Exposure: - $1,000,000.
(Code of Iowa, Sec. 727.2)
3.
Exceptions. This section does not prohibit the sale by a resident, dealer,
manufacturer or jobber of such fireworks as are not prohibited; or the sale of any kind
of fireworks if they are to be shipped out of State; or the sale or use of blank cartridges
for a show or theatre, or for signal purposes in athletic sports or by railroads or trucks
for signal purposes, or by a recognized military organization. This section does not
apply to any substance or composition prepared and sold for medicinal or fumigation
purposes.
(Code of Iowa, Sec. 727.2)
41.12 DRUG PARAPHERNALIA.
1.
As used in this section “drug paraphernalia” means all equipment, products or
materials of any kind used or attempted to be used in combination with a controlled
substance, except those items used in combination with the lawful use of a controlled
substance, to knowingly or intentionally and primarily do any of the following:
A.
Manufacture a controlled substance.
B.
Inject, ingest, inhale or otherwise introduce into the human body a controlled
substance.
C.
Test the strength, effectiveness or purity of a controlled substance.
D.
Enhance the effect of a controlled substance. Drug paraphernalia does not
include hypodermic needles or syringes if manufactured, delivered, sold or possessed
for a lawful purpose.
2.
It is unlawful for any person to knowingly or intentionally manufacture,
deliver, sell or possess drug paraphernalia.
(Code of Iowa, Sec. 124.414)
41.13 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)
41.14 PSEUDOEPHEDRINE RESTRICTIONS.
1.
A retailer shall not sell and a person shall not purchase in a single transaction
more than two packages containing pseudoephedrine as the product’s sole active
ingredient.
2.
Except as otherwise provided, a retailer who offers for sale a product
containing pseudoephedrine as the product’s sole active ingredient shall display and
offer such product for sale behind a counter where the public is not permitted or within
twenty feet of a counter which allows the attendant to view the products in an
unobstructed manner. A retailer may display or offer for sale without restriction a
product containing pseudoephedrine as the sole active ingredient if the product is
displayed using any type of antitheft device system, including but not limited to an
electronic antitheft device system that utilizes a product tag and detection alarm,
which prevents the theft of the product.
3.
A retailer shall post a notice at the location where a product containing
pseudoephedrine as its sole active ingredient is displayed or offered for sale stating the
following:
Iowa Law prohibits the sale or purchase of more than two packages
containing pseudoephedrine as the sole ingredient.
4.
The provisions of this section do not apply to:
A.
Any package of a product containing pseudoephedrine as the product’s sole
active ingredient, which is in liquid form.
B.
Any package of a product containing pseudoephedrine as the product’s sole
active ingredient, which is primarily intended for administration to children under
twelve years of age according to the label, regardless of whether the product is in
liquid or solid form.
C.
Any package of a product containing pseudoephedrine as the product’s sole
active ingredient that the Board of Pharmacy Examiners, with the concurrence of the
Department of Public Safety, upon application of a manufacturer, exempts from this
section because the product is formulated to effectively prevent conversion of the active
ingredient into methamphetamine or its salts or precursors.
5. An employee of a retailer who sells or a person who purchases pseudoephedrine in
violation of subsection 1 of this section commits a simple misdemeanor, punishable in an
amount to equal to a scheduled violation under Section 805.8C (4a) of the Code of Iowa.
If a citation is issued for a violation of subsection 1, the citation shall be issued to both
the employee and the purchaser. For each violation of subsections 1, 2 or 3 of this
section by a retailer, the retailer shall be assessed an amount equal to a scheduled fine
under Section 805.8C (4b) of the Code of Iowa, which is a civil penalty.
(Code of Iowa, Sec. 126.23A)
(Ordinance No. 04-209)
CHAPTER 42
PUBLIC AND PRIVATE PROPERTY
42.01 Trespassing
42.02 Criminal Mischief
42.03 Defacing Proclamations or Notices
42.04 Unauthorized Entry
42.05 Fraud
42.06 Theft
42.01 TRESPASSING. It is unlawful for a person to knowingly trespass upon the
property of another. As used in this section, the term “property” includes any land,
dwelling, building, conveyance, vehicle or other temporary or permanent structure
whether publicly or privately owned. The term “trespass” means one or more of the
following acts:
(Code of Iowa Sec. 716.7 and 716.8)
1.
Entering Property Without Permission. Entering upon or in property without
the express permission of the owner, lessee, or person in lawful possession with the
intent to commit a public offense or to use, remove therefrom, alter, damage, harass,
or place thereon or therein anything animate or inanimate.
(Code of Iowa, Sec. 716.7 [2a])
2.
Entering or Remaining on Property. Entering or remaining upon or in property
without justification after being notified or requested to abstain from entering or to
remove or vacate therefrom by the owner, lessee, or person in lawful possession, or by
any peace officer, magistrate, or public employee whose duty it is to supervise the use
or maintenance of the property.
(Code of Iowa, Sec. 716.7 [2b])
3.
Interfering with Lawful Use of Property. Entering upon or in property for the
purpose or with the effect of unduly interfering with the lawful use of the property by
others.
(Code of Iowa, Sec. 716.7 [2c])
4.
Using Property Without Permission. Being upon or in property and
wrongfully using, removing therefrom, altering, damaging, harassing, or placing
thereon or therein anything animate or inanimate, without the implied or actual
permission of the owner, lessee, or person in lawful possession.
(Code of Iowa, Sec. 716.7 [2d])
None of the above shall be construed to prohibit entering upon the property of another
for the sole purpose of retrieving personal property which has accidentally or
inadvertently been thrown, fallen, strayed, or blown onto the property of another,
provided that the person retrieving the property takes the most direct and accessible
route to and from the property to be retrieved, quits the property as quickly as is
possible, and does not unduly interfere with the lawful use of the property.
(Code of Iowa, Sec. 716.7(3))
42.02 CRIMINAL MISCHIEF. It is unlawful, for any person who has no right to do
so, to intentionally damage, deface, alter or destroy property.
(Ordinance No. 02-210)
(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)
CHAPTER 45
ALCOHOL CONSUMPTION AND INTOXICATION
45.01 Persons Under Legal Age
45.02 Public Consumption or Intoxication
45.03 Open Containers in Motor Vehicles
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.
2.
A person shall not use or consume alcoholic liquor, wine or beer upon the public
streets or highways. A person shall not use or consume alcoholic liquor in any public
place, except premises covered by a liquor control license. A person shall not possess or
consume alcoholic liquors, wine or beer on public school property or while attending any
public or private school-related function. A person shall not be intoxicated or simulate
intoxication in a public place.
3.
When a peace officer arrests a person on a charge of public intoxication under
this section, the peace officer shall inform the person that the person may have a
chemical test administered at the person’s own expense. If a device approved by the
Commissioner of Public Safety for testing a sample of a person’s breath to determine
the person’s blood alcohol concentration is available, that is the only test that need be
offered the person arrested. In a prosecution for public intoxication, evidence of the
results of a chemical test performed under this subsection is admissible upon proof of
a proper foundation. The percentage of alcohol present in a person’s blood, breath, or
urine established by the results of a chemical test performed within two hours after the
person’s arrest on a charge of public intoxication is presumed to be the percentage of
alcohol present at the time of arrest.
(Code of Iowa, Sec. 123.46)
45.03 OPEN CONTAINERS IN MOTOR VEHICLES. (See Section 62.08 of this
Code of Ordinances.)
CHAPTER 46
MINORS
46.01 Cigarettes and Tobacco
46.02 Curfew
46.03 Contributing to Delinquency
46.04 Disorderly House
46.01 CIGARETTES AND TOBACCO. It is unlawful for any person under eighteen
(18) years of age to smoke, use, possess, purchase or attempt to purchase any tobacco,
tobacco products or cigarettes. Possession of cigarettes or tobacco products by a person
under eighteen years of age shall not constitute a violation of this section if said person
possesses the cigarettes or tobacco products as part of the person’s employment and said
person is employed by a person who holds a valid permit under Chapter 453A of the
Code of Iowa and lawfully offers for sale or sells cigarettes or tobacco products.
(Code of Iowa, Sec. 453A.2)
46.02 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)
46.03
CURFEW. A curfew applicable to certain minors is established and shall be
enforced as follows:
1.
Definition. The term “minor” shall mean, in this section, any person below the age
of sixteen (16) years.
2.
Time limits. It is unlawful for any minor to be or remain upon any of the alleys,
streets or public places or to be in places of business and amusement in the City between
the hours of eleven (11) o’clock p.m. and five (5) o’clock a.m. of the following day on
Sunday through Thursday and between the hours of twelve (12) o’clock a.m. (i.e.,
midnight and five (5) o’clock a.m. on Saturday and Sunday.
3.
Exceptions. The restriction provided by Subsection 46.03(2) shall apply to any
minor who is emancipated, accompanied by a guardian, parent or other person charged
with the care and custody of such minor, or other responsible person over twenty-one
(21) years of age, nor shall the restriction apply to any minor who is traveling between
his home or place of residence and the place where any approved place of employment,
church, municipal or school function is being held.
4.
Responsibility of Adults. It is unlawful for any parent, guardian or other person
charged with the care and custody of any minor to allow or permit such minor to be in or
upon any of the streets, alleys, places of business, or amusement or other public places
within the curfew hours set by Subsection 46.03(2), except as otherwise provided in
Subsection 46.03(3).
(Code of Iowa, section 613.16)
5.
Responsibility of Business Establishments. It is unlawful for any person, firm
or corporation operating a place of business or amusement to allow or permit any
minor to be in or upon any place of business or amusement operated by them within
the curfew hours set by Subsection 46.03(2), except as otherwise provided in
Subsection 46.03(3).
6.
Enforcement. Any peace officer of the City while on duty, is hereby
empowered to arrest any minor who violates any of the provisions of Subsections
46.03(2 & 3). Upon arrest, the minor shall be returned to the custody of the parent,
guardian or other person charged with the care and custody of the minor.
(Ordinance No. 06-207)
46.04
DISORDERLY HOUSE.
1.
Definition. The term “disorderly house” shall mean, and include any building,
house, enclosure or place within the City where riotous, noisy or disorderly conduct or
loud or unusual noises or loud, profane or vulgar language or drunkenness, quarreling
or fighting is engaged in or permitted; or around which prostitutes and vagrants are
located.
2.
No person shall keep, maintain, operate, or be concerned in keeping,
maintaining or operating within the City any illegal gambling place; disorderly house;
house of prostitution; place where illegal narcotics are kept, used, or sold; or place
where intoxicating liquor is illegally kept, sold or served. No person shall frequent or
be found in any such place or be employed therein.
3.
No person knowing the character or reputation of any such place shall
transport others to or from any disorderly house.
4.
Responsibility of Adults. It is unlawful for any parent, guardian or other
person charged with the care and custody of any minor to allow or permit such minor
to be in or upon any of the streets, alleys, places of business, or amusement or other
public places within the curfew hours set by Subsection 46.03(2), except as otherwise
provided in Subsection 46.03(3).
(Ordinance No. 06-208)
CHAPTER
47
PARK REGULATIONS
47.01 Purpose
47.02 Use of Drives Required
47.03 Fires
47.04 Littering
47.05 Parks Closed
47.06 Camping
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 therefore, 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 ten o’clock (10:30) p.m., and six
o’clock (6:00) a.m., without first obtaining a written permit from the City.
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 LAKE PETOCKA PARK REGULATIONS.
1.
No alcoholic beverages to be sold on the premises.
2.
No off gravel driving.
3.
Parking in designated areas only.
4.
Park hours: 6:00 a.m., to 10:30 p.m., except with special permission from the City.
5.
Ice shacks will be permitted on the lake according to the regulations set by the
Department of Natural Resources.
6.
All DNR fishing regulations apply.
7.
No swimming or wading.
8.
No boating.
9.
No hunting.
10.
City pet ordinance will be enforced in the park (pets on leash only).
11. No open fires (fire rings and burning barrels may be used with permission from
the City.
12.
Overnight camping only with special permission from the City.
13.
No littering. Please put trash in receptacles provided.
14.
Handicap parking is available in the designated areas.
15.
15 mph speed limit.
(Ordinance No. 08-215)
CHAPTER 48
RESIDENCY RESTRICTIONS FOR SEX OFFENDERS
48.01 Definitions
48.02 Residency Restriction
48.03 Residency Exception
48.04 Residency Exception
48.05 Multiple Offenses
48.06 Violations
48.01 DEFINITIONS. As used in this article and unless the context otherwise requires:
1.
“Aggravated offense” means a conviction for any of the following offenses:
A.
Sexual abuse in the first degree in violation of Iowa Code Section 709.2.
B.
Sexual abuse in the second degree in violation of Iowa Code Section 709.3.
C.
Sexual abuse in the third degree in violation of Iowa Code Subsection 709.4(1).
D.
Lascivious acts with a child in violation of Iowa Code Subsection 709.8(1).
E.
Assault with intent to commit sexual abuse in violation of Iowa Code Section
709.11.
F.
Burglary in the first degree in violation of Iowa Code Subsection 713.3(1)(d).
G.
Kidnapping, if sexual abuse as defined in Iowa Code Section 709.1 is committed
during the offense.
H.
Murder, if sexual abuse as defined in Iowa Code Section 709.1 is committed
during the offense.
I.
Criminal transmission of human immunodeficiency virus in violation of Iowa
Code Subsection 709C.1(1)(a)
2.
“Criminal offense against a minor” means any of the following criminal
offenses or conduct:
A.
Kidnapping of a minor, except for the kidnapping of a minor in the third degree
committed by a parent.
B.
False imprisonment of a minor, except if committed by a parent.
C.
Any indictable offense involving sexual conduct directed toward a minor.
D.
Solicitation of a minor to engage in an illegal sex act.
E.
Use of a minor in a sexual performance.
F.
Solicitation of a minor to practice prostitution.
G.
Any indictable offense against a minor involving sexual contact with the minor.
H.
An attempt to commit an offense enumerated in the subsection.
I.
Incest committed against a minor.
J.
Dissemination and exhibition of obscene material to minors in violation of
Iowa Code Section 728.2.
K.
Admitting minors to premises where obscene material is exhibited in violation
of Iowa Code Section 728.3.
L.
Stalking in violation of Iowa Code Subsection 708.11(3)(b)(3), if the factfinder determines by clear and convincing evidence that the offense was sexually
motivated.
M.
Sexual exploitation of a minor in violation of Iowa Code Section 728.12.
N.
Enticing away a minor in violation of Iowa Code Subsection 10.10(1)
O.
An indictable offense committed in another jurisdiction, which would
constitute an indictable offense under paragraphs (a) through (n) if committed.
3.
“Other relevant offense” means any of the following offenses:
A.
Telephone dissemination of obscene materials in violation of Iowa Code
Section 728.15.
B.
Rental or sale of hard-core pornography in violation of Iowa Code Section
728.4.
C.
Indecent exposure in violation of Iowa Code Section 709.9.
D.
Incest committed against a dependent adult – as defined in Iowa Code Section
235B.2 – in violation of Iowa Code Section 726.2.
E.
A criminal offense committed in another jurisdiction, which would constitute
an indictable offense under paragraphs (a) through (d) if committed in this State.
4.
“Person” means a person who has committed a criminal offense against a
minor, or an aggravated offense, sexually violent offense, or other relevant offense
that involved a minor.
5.
“Residence” means the place where a person sleeps, which may include more
than one location, and may be mobile or transitory.
6.
“Sexually violent offense” means any of the following indictable offenses:
A.
Sexual abuse as defined under Iowa Code Section 709.1.
B.
Assault with intent to commit sexual abuse in violation of Iowa Code Section
709.11.
C.
Sexual misconduct with offenders in violation of Iowa Code Section 709.16.
D.
Any of the following offenses – if the offense involves sexual abuse or
attempted sexual abuse – murder, attempted murder, kidnapping, burglary, or
manslaughter.
E. A criminal offense committed in another jurisdiction, which would constitute an
indictable offense under paragraphs (a) through (d) if committed in this State.
(Ordinance No. 09-211)
48.02 RESIDENCY RESTRICTION.
1.
A person shall not reside within two thousand feet of real property comprising
any of the following child-oriented facilities:
A.
Public or non-public elementary or secondary schools
B.
Public or non-public parks or playgrounds
C.
Public or non-public child care facilities
D.
Public or non-public recreational trails
E.
Public swimming pools
F.
Public libraries
2.
This Ordinance defines “child care facility” to mean child care center, preschool,
or registered child care home. This Ordinance defines “park” to mean any public or nonpublic park, forest preserve, or conservation area under the jurisdiction of the state, a unit
of local government, or a private homeowner’s association, and any facilities thereon, as
well as any playground, which for the purposes of this Ordinance shall mean a piece of
land owned or controlled by the state, a unit of local government, or a private entity, that
has been designated by said entity for the use solely or primarily for children’s
recreation.
3.
The “two thousand foot distance” shall be measured from the closest boundary
line of the residence to the closest boundary line of the child-oriented facilities identified
in subsection (1).
48.04
Residency Exception.
1.
A person residing within two thousand feet of real property comprising a childoriented facility identified in section 48.03 does not commit a violation of this article if
any of the following apply:
A.
The person is required to serve a sentence at a jail, prison, juvenile facility, or
other correctional institution or facility.
B.
The person is subject to an order of commitment under Chapter 229A of the Iowa
Code.
C.
The person has established a residence prior to the effective date of the ordinance,
or a child-oriented facility as identified in section 48.03 is newly located on or after the
effective date of the ordinance and the person has established a residence prior to the date
of the start of construction of such newly located child-oriented facility.
D.
The person is a minor or a ward under a guardianship.
48.05 Multiple Offenses. Each day that a person resides within two thousand feet of
real property comprising a child-oriented facility in violation of this ordinance, shall
constitute a separate offense and separate violation of the ordinance.
CHAPTER 50
NUISANCE ABATEMENT PROCEDURE
50.01
50.02
50.03
50.04
50.05
50.06
50.07
Definition of Nuisance
Nuisances Enumerated
Other Conditions
Nuisances Prohibited
Nuisance Abatement
Notice to Abate: Contents
Method of Service
50.08
50.09
50.10
50.11
50.12
50.13
Request for Hearing
Abatement in Emergency
Abatement by City
Collection of Costs
Installment Payment of Cost of Abatement
Failure to Abate
50.01 DEFINITION OF NUISANCE. Whatever is injurious to health, indecent, or
unreasonably offensive to the senses, or an obstruction to the free use of property so as
essentially to interfere unreasonably with the comfortable enjoyment of life or
property is a nuisance.
(Code of Iowa, Sec. 657.1)
50.02 NUISANCES ENUMERATED. The following subsections include, but do
not limit, the conditions which are deemed to be nuisances in the City:
(Code of Iowa, Sec. 657.2)
1.
Offensive Smells. Erecting, continuing or using any building or other place for
the exercise of any trade, employment or manufacture, which, by occasioning noxious
exhalations, unreasonably offensive smells, or other annoyances, becomes injurious
and dangerous to the health, comfort or property of individuals or the public.
2.
Filth or Noisome Substance. Causing or suffering any offal, filth or noisome
substance to be collected or to remain in any place to the prejudice of others.
3.
Impeding Passage of Navigable River. Obstructing or impeding without legal
authority the passage of any navigable river, harbor or collection of water.
4.
Water Pollution. Corrupting or rendering unwholesome or impure the water of
any river, stream or pond, or unlawfully diverting the same from its natural course or
state, to the injury or prejudice of others.
5.
Blocking Public and Private Ways. Obstructing or encumbering, by fences,
buildings or otherwise, the public roads, private ways, streets, alleys, commons,
landing places or burying grounds.
6.
Billboards. Billboards, signboards and advertising signs, whether erected and
constructed on public or private property, which so obstruct and impair the view of
any portion or part of a public street, avenue, highway, boulevard or alley or of a
railroad or street railway track as to render dangerous the use thereof. (See also
Section 62.09)
7.
Storing of Flammable Junk. Depositing or storing of flammable junk, such as
old rags, rope, cordage, rubber, bones and paper, by dealers in such articles within the
fire limits of the City, unless in a building of fireproof construction. (See also
Chapter 51)
8. Air Pollution. Emission of dense smoke, noxious fumes, or fly ash.
9.
Weeds, Grass and Other Dense Growth.
A.
Dense growth of all weeds, vines brush or other vegetation in the City so as to
constitute a health, safety or fire hazard;
B.
Noxious weeds as defined by the Code of Iowa; and
C.
Grass and other similar growth which exceeds eight (8) inches in height.
(Ordinance No. 08-214)
Subsection A and C above do not apply to purposely planted vegetable gardens or
purposely planted flower gardens, so long as they are maintained free of weeds.
(Ordinance No. 03-223)
10.
Dutch Elm Disease.
Chapter 151)
Trees infected with Dutch Elm Disease.
(See also
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.
13.
Sump Pump Discharge. Discharging sump pumps into the street right-of-way,
where storm sewer is available.
(Ordinance No. 10-209)
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.
Storage and Disposal of Solid Waste (See Chapter 105)
3.
Trees (See Chapter 151)
50.04 NUISANCES PROHIBITED. The creation or maintenance of a nuisance is
prohibited, and a nuisance, public or private, may be abated in the manner provided
for in this chapter or State law.
(Code of Iowa, Sec. 657.3)
50.05 NUISANCE ABATEMENT. 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 City Administrator within the
time stated in the notice, or it will be conclusively presumed that a nuisance exists and
it must be abated as ordered. The hearing will be before the Council at a time and
place fixed by the Council. The findings of the Council shall be conclusive and, if a
nuisance is found to exist, it shall be ordered abated within a reasonable time under the
circumstances.
50.09 ABATEMENT IN EMERGENCY. If it is determined that an emergency
exists by reason of the continuing maintenance of the nuisance or condition, the City
may perform any action which may be required under this chapter without prior
notice. The City shall assess the costs as provided in Section 50.11 after notice to the
property owner under the applicable provisions of Sections 50.05, 50.06 and 50.07 and
hearing as provided in Section 50.08.
Code of Iowa, Sec. 364.12[3h])
50.10 ABATEMENT BY CITY. If the person notified to abate a nuisance or
condition neglects or fails to abate as directed, the City may perform the required
action to abate, keeping an accurate account of the expense incurred. The itemized
expense account shall be filed with the City Administrator who shall pay such
expenses on behalf of the City.
(Code of Iowa, Sec. 364.12[3h])
50.11 COLLECTION OF COSTS. The City Administrator shall send statement
of the total expense incurred by certified mail to the property owner who has failed to
abide by the notice to abate, and if the amount shown by the statement has not been
paid within one (1) month, the City Administrator 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.
CHAPTER 51
JUNK AND JUNK VEHICLES
51.01 Definitions
51.02 Junk and Junk Vehicles Prohibited
51.03 Junk and Junk Vehicles a Nuisance
51.04 Exceptions
51.05 Notice to Abate
51.06 Outdoor Storage of Motor Vehicles
51.01 DEFINITIONS. For use in this chapter, the following terms are defined:
1.
“Enclosed structure” means any structure or portion thereof built for the enclosure of
property, containing a roof and having exterior walls of the structure or portion thereof
constructed in such a manner as to obscure from any street or adjacent property any contents
thereof and being of a permanent nature.
2.
“Inoperable” means not capable of being used or operated.
3.
“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.
4.
“Junk vehicle” means any vehicle, trailer or semi-trailer, whether currently licensed
or not, which because of any one of the following characteristics constitutes a threat to the
public health, welfare and/or safety: (a) any vehicle, trailer or semi-trailer which is
inoperable; (b) any vehicle, trailer or semi-trailer which has become the habitat of rats, mice,
snakes or any other vermin or insects; (c) any vehicle, trailer or semi-trailer which contains
stored gasoline or other fuel, paper, cardboard, wood or other combustible materials,
garbage, refuse, solid waste, debris, etc.; (d) any vehicle, trailer or semi-trailer used for
storage purposes or harborage, cage or dwelling for animals of any kind; (e) any vehicle,
trailer or semi-trailer which because of its defective or obsolete condition in any other way
constitutes a threat to the public health or safety of the citizens of the City; (f) any vehicle,
trailer or semi-trailer which contains gasoline or any flammable fuel and is inoperable.
5.
“Semi-trailer” means every vehicle without motive power designed for carrying
persons or property and for being drawn by a motor vehicle and so constructed that some
part of its weight and that of its load rests upon or is carried by another vehicle.
6.
“Trailer” means every vehicle without motive power designed for carrying persons or
property and for being drawn by a motor vehicle and so constructed that no part of its weight
rests upon the towing vehicle.
7.
“Vehicle” means an automobile, truck, motorcycle or other trackless self-propelled
vehicle designed primarily to transport persons or property.
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 for more than forty-eight (48) hours.
51.03 JUNK AND JUNK VEHICLES A NUISANCE. It is hereby declared that any
junk or junk vehicle located upon private property for more than forty-eight (48) hours,
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 vehicles,
trailers or semi-trailers stored within:
1.
A garage.
2.
A duly authorized salvage yard or junk yard meeting the requirements of the Code
of Ordinances and applicable provisions of State law.
(Ordinance No. 08-216)
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])
51.06 OUTDOOR STORAGE OF MOTOR VEHICLES. Inasmuch as it is found
that the outdoor storage of motor vehicles which are not deemed to be junk can detract
from the beneficial use and enjoyment of neighboring properties, certain special
regulations are established as follows:
1.
No person shall keep, store or display one or more motor vehicles outdoors on
property zoned for residential use, or permit the parking outdoors of a motor vehicle on
residentially zoned property under such person’s ownership, possession or control for
more than fifteen (15) days without movement and use of said vehicle as an operating
motor vehicle. In no instance shall any vehicle be parked or located on real property in a
residential district except when parked on a hard concrete or asphalt surface on said
property and otherwise complying with this Code of Ordinances. Gravel is not permitted.
2.
No person shall store, park or display one or more motor vehicles outdoors on
property zoned for commercial or industrial use, or permit the parking outdoors of a motor
vehicle on commercial or industrial zoned property under such person’s ownership,
possession or control for more than fifteen (15) days without movement and use of said
vehicle as an operating motor vehicle.
3.
The following are exempt from the regulations of this section:
A.
Vehicles kept in a garage.
B.
Vehicles kept in commercial automobile salvage yards.
(Ordinance No. 08-216)
CHAPTER 55
ANIMAL PROTECTION AND CONTROL
55.01
55.02
55.03
55.04
55.05
55.06
55.07
55.08
55.09
Definitions
Animal Neglect
Livestock Neglect
Abandonment of Cats and Dogs
Livestock
At Large Prohibited
Damage or Interference
Annoyance or Disturbance
Barking Dogs
55.10
55.11
55.12
55.13
55.14
55.15
55.16
55.17
55.18
Vicious Dogs
Leashing
Rabies Vaccination
Owner’s Duty
Confinement
At Large: Impoundment
Disposition of Animals
Impounding Costs
Pet Awards Prohibited
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 heel” means, with reference to a dog, within ten (10) feet of a person and
subject to that person’s strict obedience command.
3.
“At large” means off the premises of the owner and not under the control of a
competent person, restrained within a motor vehicle, or housed in a veterinary hospital
or kennel.
4.
“Livestock” means an animal belonging to the bovine, caprine, equine, ovine
or porcine species; farm deer, as defined in Section 170.1 of the Code of Iowa;
ostriches, rheas, emus or poultry.
(Ordinance No. 03-221)
5.
“Owner” means any person owning, keeping, sheltering or harboring an
animal.
55.02 ANIMAL NEGLECT. It is unlawful for a person who impounds or
confines, in any place, an animal, excluding livestock, to fail to supply the animal
during confinement with a sufficient quantity of food or water, or to fail to provide a
confined dog or cat with adequate shelter, or to torture, deprive of necessary
sustenance, mutilate, beat, or kill such animal by any means which causes unjustified
pain, distress or suffering.
(Code of Iowa, Sec. 717B.3)
55.03 LIVESTOCK NEGLECT. It is unlawful for a person who impounds or
confines livestock in any place to fail to provide the livestock with care consistent
with customary animal husbandry practices or to deprive the livestock of necessary
sustenance or to injure or destroy livestock by any means which causes pain or
suffering in a manner inconsistent with customary animal husbandry practices.
(Code of Iowa, Sec. 717.2)
55.04 ABANDONMENT OF CATS AND DOGS. A person who has ownership or
custody of a cat or dog shall not abandon the cat or dog, except the person may deliver
the cat or dog to another person who will accept ownership and custody or the person
may deliver the cat or dog to an animal shelter or pound.
(Code of Iowa, Sec. 717B.8)
55.05 LIVESTOCK. It is unlawful for a person to keep livestock within the City
except by written consent of the Council or except in compliance with the City’s zoning
regulations.
55.06 AT LARGE PROHIBITED. It is unlawful for any owner to allow an animal to
run at large within the corporate limits of the City.
55.07 DAMAGE OR INTERFERENCE. It is unlawful for the owner of an animal to
allow or permit such animal to pass upon the premises of another thereby causing
damage to, or interference with, the premises.
55.08 ANNOYANCE OR DISTURBANCE. It is unlawful for the owner of a dog to
allow or permit such dog to cause serious annoyance or disturbance to any person or
persons by frequent and habitual howling, yelping, barking, or otherwise; or, by running
after or chasing persons, bicycles, automobiles or other vehicles.
55.09 BARKING DOGS. All complaints concerning barking dogs shall be referred to
the Polk County Animal Control (PCAC). The PCAC shall make a written report of each
complaint and shall notify the owner of the dog of the registration of the complaint. Any
dog having three (3) complaints lodged against it within seven (7) days may be ordered
permanently removed from the City by the PCAC following hearing after appropriate
notice and opportunity to be heard is given to the dog’s owner.
55.10 VICIOUS DOGS. It is unlawful for any person to harbor or keep a vicious dog
within the City. A dog is deemed to be vicious when it has attacked or bitten any person
without provocation, or when propensity to attack or bite persons exists and is known or
ought reasonably to be known to the owner.
55.11 LEASHING. All person owning dogs shall confine the same from running at
large. It is the duty of every person owning a dog to:
1.
Confinement Required. Confine said dog by good and sufficient means.
2.
Control. Cause said dog to be under the control of a person competent to restrain
and control the dog, either by leash, cord, chain or other similar restraint of sufficient
strength, and not more than six (6) feet in length.
3.
Restraint. Properly restrain in a motor vehicle, or house said dog in a veterinary
hospital or registered kennel;
4.
Obedience. Maintain control by obedience beside or “at heel,” unless the above
conditions are also met.
55.12 RABIES VACCINATION. Every owner of a dog or cat shall obtain a rabies
vaccination for such animal. It is unlawful for any person to own or have a dog or cat 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)
55.13 OWNER’S DUTY. It is the duty of the owner of any dog, cat or other animal
which has bitten or attacked a person or any person having knowledge of such bite or
attack to report this act to a local health or law enforcement official. It is the duty of
physicians and veterinarians to report to the local board of health the existence of any
animal known or suspected to be suffering from rabies.
(Code of Iowa, Sec. 351.38)
55.14 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)
55.15 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.
55.16 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 (7) days, the animal shall be disposed of in
accordance with law or destroyed by euthanasia.
(Ordinance No. 02-209)
(Code of Iowa, Sec. 351.37, 351.41)
55.17 IMPOUNDING COSTS. Impounding costs shall be in accordance with the
fee schedule established by resolution of the Council.
(Code of Iowa, Sec. 351.37)
55.18
PET AWARDS PROHIBITED.
1.
Definitions. As used in this section, the following terms are defined:
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 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, are or disposition of the pet.
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.
(Code of Iowa, Ch. 717.E)
(Ordinance No. 04-212)
CHAPTER 60
ADMINISTRATION OF TRAFFIC CODE
60.01
60.02
60.03
60.04
Title
Definitions
Administration and Enforcement
Power to Direct Traffic
60.05
60.06
60.07
60.08
Traffic Accidents: Reports
Peace Officer’s Authority
Obedience to Peace Officers
Parades Regulated
60.01 TITLE. Chapters 60 through 70 of this Code of Ordinances may be known
and cited as the “Bondurant Traffic Code.”
60.02 DEFINITIONS. Where words and phrases used in the Traffic Code are
defined by State law, such definitions apply to their use in said Traffic Code and are
adopted by reference. Those definitions so adopted that need further definition or are
reiterated, and other words and phrases used herein, have the following meanings:
(Code of Iowa, Sec. 321.1)
1.
“Business District” means the territory contiguous to and including the
following designated streets:
A.
Main Street SE from Second Street SE to Second Street NE;
B.
Lincoln Street NE from Second Street NE to the railroad right-of-way;
C.
Second Street NE from the railroad right-of-way to Grant Street N;
D.
First Street SE from Lincoln Street SE to Grant Street S.
2.
“Park” or “parking” means the standing of a vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actually engaged in loading or
unloading merchandise or passengers.
3.
“Peace officer” means every officer authorized to direct or regulate traffic or to
make arrests for violations of traffic regulations.
4.
“Residence district” means the territory contiguous to and including a highway
not comprising a business, suburban or school district, where forty percent (40%) or
more of the frontage on such a highway for a distance of three hundred (300) feet or
more is occupied by dwellings or by dwellings and buildings in use for business.
5.
“School district” means the territory contiguous to and including a highway for
a distance of two hundred (200) feet in either direction from a school house.
6.
“Stand” or “standing” means the halting of a vehicle, whether occupied or not,
otherwise than for the purpose of and while actually engaged in receiving or
discharging passengers.
7.
“Stop” means when required, the complete cessation of movement.
8.
“Stop” or “stopping” means when prohibited, any halting of a vehicle, even
momentarily, whether occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the directions of a peace officer or traffic control sign
or signal.
9.
“Suburban district” means all other parts of the City not included in the business,
school or residence districts.
10.
“Traffic control device” means all signs, signals, markings, and devices not
inconsistent with this chapter, lawfully placed or erected for the purpose of regulating,
warning, or guiding traffic.
11.
“Vehicle” means every device in, upon or by which any person or property is or
may be transported or drawn upon a public highway, street, or alley.
60.03 ADMINISTRATION AND ENFORCEMENT. Provisions of this Traffic
Code and State law relating to motor vehicles and law of the road are enforced by the
Polk County Sheriff’s 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 or accident , 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.
(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 Administrator. Such permit shall state the time and date
for the parade to be held and the streets or general route therefore. 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. A fee, in accordance with the fee schedule established
by resolution of the Council, 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.
60.09 FINES FOR VIOLATIONS. The fines for violations of Chapter 60 – 81
shall be those identified on the Schedule attached as Exhibit A to this Ordinance. The
penalty for violations not otherwise identified on Exhibit A should be determined in
accordance with Section 1.14.
(Exhibit A Attached to Ordinance No. 03-230)
CHAPTER 61
TRAFFIC CONTROL DEVICES
61.01 Installation
61.02 Crosswalks
61.03 Traffic Lanes
61.04 Standards
61.05 Compliance
61.01 INSTALLATION. The Street Superintendent shall cause to be placed and
maintained traffic control devices when and as required under this Traffic Code or under
State law or emergency or temporary traffic control devices for the duration of an
emergency or temporary condition as traffic conditions may require to regulate, guide or
warn traffic. The Street Superintendent shall keep a record of all such traffic control
devices.
(Code of Iowa, Sec. 321.255)
61.02 CROSSWALKS. The Street Superintendent is hereby authorized, subject to
approval of the Council by resolution, to designate and maintain crosswalks by
appropriate traffic control devices at intersections where, due to traffic conditions, there
is particular danger to pedestrians crossing the street or roadway, and at such other places
as traffic conditions require.
(Code of Iowa, Sec. 372.13[4] & 321.255)
61.03 TRAFFIC LANES. The Street Superintendent is hereby authorized to mark
lanes for traffic on street pavements at such places as traffic conditions require,
consistent with the traffic code of the City. Where such traffic lanes have been marked,
it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle
within the boundaries of any such lane except when lawfully passing another vehicle or
preparatory to making a lawful turning movement.
(Code of Iowa, Sec. 372.13[4] & 321.255)
61.04 STANDARDS. Traffic control devices shall comply with standards established
by The Manual of Uniform Traffic Control Devices for Streets and Highways.
(Code of Iowa, Sec. 321.255)
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)
CHAPTER 62
GENERAL TRAFFIC REGULATIONS
62.01
62.02
62.03
62.04
62.05
62.06
Violation of Regulations
Play Streets Designated
Vehicles on Sidewalks
Clinging to Vehicle
Quiet Zones
Funeral Processions
62.07
62.08
62.09
62.10
62.11
62.12
Tampering with Vehicle
Open Containers in Motor Vehicles
Obstructing View at Intersections
Reckless Driving
Careless Driving
Engine Brakes and Compression Brakes
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 321.20B – Proof of security against liability (accident related).
3.
Section 321.20B – Proof of security against liability (non-accident related).
4.
Section 321.32 – Registration card, carried and exhibited.
5.
Section 321.37 – Display of plates.
6.
Section 321.38 – Plates, method of attaching, imitations prohibited.
7.
Section 321.79 – Intent to injure.
8.
Section 321.91 – Penalty for abandonment.
9.
Section 321.98 – Operation without registration.
10.
Section 321.99 – Fraudulent use of registration.
11.
Section 321.174 – Operators licensed.
12.
Section 321.174A – Operation of motor vehicles with expired license.
13.
Section 321.180 – Instruction permits.
14.
Section 321.180B – Graduated driver’s licenses for persons aged fourteen
through seventeen.
15.
Section 321.193 – Restricted licenses.
16.
Section 321.194 – Special minor’s licenses.
17.
card.
Section 321.216 – Unlawful use of license and non-operator’s identification
18.
Section 321.216B – Use of driver’s license or non-operator’s identification card
by underage person to obtain alcohol.
19.
Section 321.216C – Use of driver’s license or non-operator’s identification card
by underage person to obtain cigarettes or tobacco products.
20.
Section 321.219 – Permitting unauthorized minor to drive.
21.
Section 321.220 – Permitting unauthorized person to drive.
22.
Section 321.221 – Employing unlicensed chauffeur.
23.
Section 321.222 – Renting motor vehicle to another.
24.
Section 321.223 – License inspected.
25.
Section 321.224 – Record kept.
26.
Section 321.232 – Radar jamming devices; penalty.
27.
Section 321.234A – All-terrain vehicles.
28.
Section 321.235A – Electric personal assistive mobility devices.
29.
Section 321.247 – Golf cart operation on City streets.
30.
Section 321.257 – Official traffic control signal.
31.
Section 321.259 – Unauthorized signs, signals or markings.
32.
Section 321.260 – Interference with devices, signs or signals – unlawful
possession.
33.
Section 321.262 – Damage to vehicle.
34.
Section 321.263 – Information and aid.
35.
Section 321.264 – Striking unattended vehicle.
36.
Section 321.265 – Striking fixtures upon a highway.
37.
Section 321.275 – Operation of motorcycles and motorized bicycles.
38.
Section 321.277 – Reckless driving.
39.
Section 321.277A – Careless driving.
40.
Section 321.278 – Drag racing prohibited.
41.
Section 321.284 – Open container – drivers
42.
Section 321.284A – Open container - passengers
43.
Section 321.285 – Speed restrictions.
44.
Section 321.288 – Control of vehicle; reduced speed.
45.
Section 321.295 – Limitation on bridge or elevated structures.
46.
Section 321.297 – Driving on right-hand side of roadways;
47.
Section 321.298 – Meeting and turning to right.
exceptions.
48.
Section 321.299 – Overtaking a vehicle.
49.
Section 321.302 – Overtaking and otherwise.
50.
Section 321.303 – Limitations on overtaking on the left.
51.
Section 321.304 – Prohibited passing.
52.
Section 321.306 – Roadways laned for traffic.
53.
Section 321.307 – Following too closely.
54.
Section 321.308 – Motor trucks and towed vehicles; distance requirements.
55.
Section 321.309 – Towing; convoys; drawbars.
56.
Section 321.310 – Towing four-wheel trailers.
57.
Section 321.311 – Turning at intersections.
58.
Section 321.312 – Turning on curve or crest of grade.
59.
Section 321.313 – Starting parked vehicle.
60.
Section 321.314 – When signal required.
61.
Section 321.315 – Signal continuous.
62.
Section 321.316 – Stopping.
63.
Section 321.317 – Signals by hand and arm or signal device.
64.
Section 321.319 – Entering intersections from different highways.
65.
Section 321.320 – Left turns; yielding.
66.
Section 321.321 – Entering through highways.
67.
Section 321.322 – Vehicles entering stop or yield intersection.
68.
Section 321.323 – Moving vehicle backward on highway.
69.
Section 321.323A – Approaching certain stationary vehicles / emergency
vehicles.
70.
Section 321.324 – Operation on approach of emergency vehicles.
71.
Section 321.329 – Duty of driver – pedestrians crossing or working on
highways.
72.
Section 321.330 – Use of crosswalks.
73.
Section 321.332 – White canes restricted to blind persons.
74.
Section 321.333 – Duty of drivers.
75.
Section 321.340 – Driving through safety zone.
76.
Section 321.341 – Obedience to signal of train.
77.
Section 321.342 – Stop at certain railroad crossings; posting warning.
78.
Section 321.343 – Certain vehicles must stop.
79.
Section 321.344 – Heavy equipment at crossing.
80.
Section 321.344B – Immediate safety threat – penalty.
81.
Section 321.354 – Stopping on traveled way.
82.
Section 321.359 – Moving other vehicle.
83.
Section 321.362 – Unattended motor vehicle.
84.
Section 321.363 – Obstruction to driver’s view.
85.
Section 321.364 – Preventing contamination of food by hazardous material.
86.
Section 321.365 – Coasting prohibited.
87.
Section 321.367 – Following fire apparatus.
88.
Section 321.368 – Crossing fire hose.
89.
Section 321.369 – Putting debris on highway.
90.
Section 321.370 – Removing injurious material.
91.
Section 321.371 – Clearing up wrecks.
92.
Section 321.372 – School buses.
93.
Section 321.381 – Movement of unsafe or improperly equipped vehicles.
94.
Section 321.381A – Operation of low-speed vehicles.
95.
Section 321.382 – Upgrade pulls; minimum speed.
96.
Section 321.383 – Exceptions; slow vehicles identified.
97.
Section 321.384 – When lighted lamps required.
98.
Section 321.385 – Head lamps on motor vehicles.
99.
Section 321.386 – Head lamps on motorcycles and motorized bicycles.
100.
Section 321.387 – Rear lamps.
101.
Section 321.388 – Illuminating plates.
102.
Section 321.389 – Reflector requirement.
103.
Section 321.390 – Reflector requirements.
104.
Section 321.392 – Clearance and identification lights.
105.
Section 321.393 – Color and mounting.
106.
Section 321.394 – Lamp or flag on projecting load.
107.
Section 321.395 – Lamps on parked vehicles.
108.
Section 321.398 – Lamps on other vehicles and equipment.
109.
Section 321.402 – Spot lamps.
110.
Section 321.403 – Auxiliary driving lamps.
111.
Section 321.404 – Signal lamps and signal devices.
112.
Section 321.404A – Light-restricting devices prohibited.
113.
Section 321.405 – Self-illumination.
114.
Section 321.406 – Cowl lamps.
115.
Section 321.408 – Back-up lamps.
116.
Section 321.409 – Mandatory lighting equipment.
117.
Section 321.415 – Required usage of lighting devices.
118.
Section 321.417 – Single-beam road-lighting equipment.
119.
Section 321.418 – Alternate road-lighting equipment.
120.
Section 321.419 – Number of driving lamps required or permitted.
121.
Section 321.420 – Number of lamps lighted.
122.
Section 321.421 – Special restrictions on lamps.
123.
Section 321.422 – Red light in front.
124.
Section 321.423 – Flashing lights.
125.
Section 321.430 – Brake, hitch and control requirements.
126.
Section 321.431 – Performance ability.
127.
Section 321.432 – Horns and warning devices.
128.
Section 321.433 – Sirens, whistles and bells prohibited.
129.
Section 321.434 – Bicycle sirens or whistles.
130.
Section 321.436 – Mufflers, prevention of noise.
131.
Section 321.437 – Mirrors.
132.
Section 321.438 – Windshields and windows.
133.
Section 321.439 – Windshield wipers.
134.
Section 321.440 – Restrictions as to tire equipment.
135.
Section 321.441 – Metal tires prohibited.
136.
Section 321.442 – Projections on wheels.
137.
Section 321.444 – Safety glass.
138.
Section 321.445 – Safety belts and safety harnesses – use required.
139.
Section 321.446 – Child restraint devices.
140.
Section 321.449 – Motor carrier safety regulations.
141.
Section 321.450 – Hazardous materials transportation.
142.
Section 321.454 – Width of vehicles.
143.
Section 321.455 – Projecting loads on passenger vehicles.
144.
Section 321.456 – Height of vehicles; permits.
145.
Section 321.457 – Maximum length.
146.
Section 321.458 – Loading beyond front.
147.
Section 321.460 – Spilling loads on highways.
148.
Section 321.461 – Trailers and towed vehicles.
149.
Section 321.462 – Drawbars and safety chains.
150.
Section 321.463 – Maximum gross weight.
151.
Section 321.465 – Weighing vehicles and removal of excess.
152.
Section 321.466 – Increased loading capacity – registration.
(Ordinance No. 02-211)
(Ordinance No. 08-219)
(Ordinance No. 03-226)
(Ordinance No. 09-213)
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 bicycle, coaster, roller
skates, in-line skates, sled or toy vehicle shall attach the same or himself or herself to any
vehicle upon a roadway.
62.05 QUIET ZONES. Whenever authorized signs are erected indicating a quiet
zone, no person operating a motor vehicle within any such zone shall sound the horn or
other warning device of such vehicle except in an emergency.
62.06 FUNERAL PROCESSIONS. Upon the immediate approach of a funeral
procession, the driver of every other vehicle, except an authorized emergency vehicle,
shall yield the right-of-way. An operator of a motor vehicle which is part of a funeral
procession shall not be charged with violating traffic rules and regulations relating to
traffic signals and devices while participating in the procession unless the operation is
reckless.
(Code of Iowa, Sec. 321.324A)
62.07 TAMPERING WITH VEHICLE. It is unlawful for any person, either
individually or in association with one or more other persons, to willfully injure or
tamper with any vehicle or break or remove any part or parts of or from a vehicle
without the consent of the owner.
62.08 OPEN CONTAINERS IN MOTOR VEHICLES.
1.
Drivers. A driver of a motor vehicle upon a public street or highway shall not
possess in the passenger area of the motor vehicle an open or unsealed bottle, can, jar,
or other receptacle containing an alcoholic beverage.
(Code of Iowa, Sec. 321.284)
2.
Passengers. A passenger in a motor vehicle upon a public street or highway
shall not possess in the passenger area of the motor vehicle an open or unsealed bottle,
can, jar or other receptacle containing an alcoholic beverage.
(Code of Iowa, Sec. 321.284A)
As used in this section “passenger area” means the area of a motor vehicle designed to
seat the driver and passengers while the motor vehicle is in operation and any area that
is readily accessible to the driver or a passenger while in their seating positions,
including the glove compartment. An open or unsealed receptacle containing an
alcoholic beverage may be transported in the trunk of the motor vehicle. An unsealed
receptacle containing an alcoholic beverage may be transported behind the last upright
seat of the motor vehicle if the motor vehicle does not have a trunk.
62.09 OBSTRUCTING VIEW AT INTERSECTIONS. It is unlawful to allow
any tree, hedge, billboard or other object to obstruct the view of an intersection by
preventing persons from having a clear view of traffic approaching the intersection
from cross streets. Any such obstruction is deemed a nuisance and in addition to the
standard penalty may be abated in the manner provided by Chapter 50 of this Code of
Ordinances.
62.10 RECKLESS DRIVING. No person shall drive any vehicle in such manner
as to indicate a willful or a wanton disregard for the safety of persons or property.
(Code of Iowa, Sec. 321.277)
62.11 CARELESS DRIVING. No person shall intentionally operate a motor
vehicle on a street or highway in any one of the following ways:
(Code of Iowa, Sec. 321.277A)
1.
Creating or causing unnecessary tire squealing, skidding or sliding upon
acceleration or stopping.
2.
Simulating a temporary race.
3.
Causing any wheel or wheels to unnecessarily lose contact with the ground.
4.
Causing the vehicle to unnecessarily turn abruptly or sway.
62.12
ENGINE BRAKES AND COMPRESSION BRAKES.
1.
It is unlawful for the driver of any vehicle to use or operate, or cause to be used or
operated, within the City any engine brake, compression brake or mechanical exhaust
device designed to aid in the braking or deceleration of any vehicle that results in
excessive, loud, unusual or explosive noise from such vehicle, except in response to an
eminent traffic accident.
2.
The usage of an engine brake, compression brake or mechanical exhaust
device designed to aid in braking or deceleration in such a manner so as to be audible at a
distance of three hundred feet (300') from the motor vehicle shall constitute evidence of a
prima facie violation of this section.
(Ordinance 01-206)
CHAPTER 63
SPEED REGULATIONS
63.01 General
63.02 State Code Speed Limits
63.03 Parks, Cemeteries and Parking Lots
63.04 Special Speed Restrictions
63.05 Minimum Speed
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 PARKS, CEMETERIES AND PARKING LOTS. A speed in excess of
fifteen (15) miles per hour in any public park, cemetery or parking lot, unless
specifically designated otherwise in this chapter, is unlawful.
(Code of Iowa, Sec. 321.236[5])
63.04 SPECIAL SPEED RESTRICTIONS. In accordance with requirements of
the Iowa State Department of Transportation, or whenever the Council shall determine
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)
1.
Special 25 MPH Speed Zones. A speed in excess of twenty-five (25) miles per
hour is unlawful on any of the following designated streets or parts thereof.
A.
B.
On Jr. Haines Parkway from Kinney Park to Pleasant Street NE;
On Main Street SE, from Fifth Street SE, to Second Street NE;
C.
On Lincoln Street NE, from Second Street NE, to the railroad right-of-way;
D.
On Second Street NE, from the posted speed sign east of Lincoln Street NE, to
the posted speed sign west of 408 Second Street, NW;
E.
On First Street SE, from Lincoln Street SE to Grant Street S.
(Ordinance No. 08-222)
2.
Special 30 MPH Speed Zones. A speed in excess of thirty (30) miles per hour is
unlawful on any of the following designated streets or parts thereof.
A.
On Grant Street N / S, from Fifth Street NE, to Sixth Street SE;
B.
On Second Street NE, from the posted speed sign east of Lincoln Street NE, to
Iowa Highway 330/U.S. Highway 65;
C.
On 15th Street SE, from the east corporate limit(s) to Grant Street S.
3.
Special 35 MPH Speed Zones. A speed in excess of thirty-five (35) miles per
hour is unlawful on any of the following designated streets or parts thereof.
A.
On 32nd Street SW, from the east corporate limit to the west corporate limit;
B.
On Prairie Drive SW, from Iowa Highway 330/U.S. Highway 65 to Franklin
Street SW;
C.
SE;
On Garfield Street SW, from Iowa Highway 330/U.S. Highway 65 to 15th Street
D.
On 15th Street SW, from Grant Street S to Franklin Street SW;
E.
On Pleasant Street NE, from Second Street NE to the north corporate limits;
F.
On Second Street NW, from the posted speed sign west of 408 Second Street,
NW, to the posted speed sign west of 6738 NE 78th Avenue;
G.
On Grant Street S, from Sixth Street SE, to Iowa Highway 330/U.S. Highway 65.
H.
On Grant Street, N, from NE 86th Avenue, to the south of 5th Street, NE
(Ordinance No. 08-222)
(Ordinance No. 10-205)
4.
Special 40 MPH Speed Zones. A speed in excess of forty (40) miles per hour is
unlawful on any of the following designated streets or parts thereof.
A.
On Franklin Street SW, from Iowa Highway 330/U.S. Highway 65 to the posted
speed sign west of Iowa Highway 330/U.S. Highway 65;
B.
On Pleasant Street SE, from 15th Street SE, to the posted speed sign north of 15th
Street SE, in the southbound lane.
(Ordinance No. 05-217)
C.
On Pleasant Street SE, from Iowa Highway 330/U.S. 65 to 15th Street SE;
5.
Special 45 MPH Speed Zones. A speed in excess of forty-five (45) miles per
hour is unlawful on any of the following designated streets or parts thereof.
A.
On Grant Street N, from Fifth Street NE, to the north corporate limits;
B.
On Second Street, NW, from the posted speed sign west of 6738 NE 78th
Avenue to the west corporate limits.
(Ordinance No. 08-222)
6.
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 Pleasant Street SE, from the posted speed sign south of 15th Street SE, to
the south corporate limit;
B.
On Grant Street S, from 15th Street SE, to the south corporate limit;
C.
On Franklin Street SW, from the north corporate limit to the posted speed sign
south of 15th Street SW.
(Ordinance No. 04-206)
(Ordinance No. 04-216)
(Ordinance No. 05-217)
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)
CHAPTER 64
TURNING REGULATIONS
64.01 Turning at Intersections
64.02 U-turns
64.03 Left Turn for Parking
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 Street Superintendent may cause markers, buttons or signs to be placed within or
adjacent to intersections and thereby require and direct, as traffic conditions require, that
a different course from that specified above be traveled by vehicles turning at
intersections, and when markers, buttons or signs are so placed, no driver of a vehicle
shall turn a vehicle at an intersection other than as directed and required by such markers,
buttons or signs.
64.02 U-TURNS. It is unlawful for a driver to make a U-turn except at an intersection,
however, U-turns are prohibited within the business district and at the following
designated intersections :
(Code of Iowa, Sec. 321.236[9])
- NONE 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.
CHAPTER 65
STOP OR YIELD REQUIRED
65.01
65.02
65.03
65.04
Stop Required
Four-Way Stop Intersections
Three-Way Stop Intersections
Yield Required
65.05
65.06
65.07
65.08
School Stops
Stop Before Crossing Sidewalk
Stop When Traffic Is Obstructed
Yield to Pedestrians in Crosswalks
65.01 STOP REQUIRED. Every driver of a vehicle shall stop in accordance with
the following:
(Code of Iowa, Sec. 321.236[1])
1.
Jr. Haines Parkway. Vehicles traveling west on Jr. Haines Parkway shall stop
at Pleasant Street NE;
2.
Second Street NE. Vehicles traveling east on Second Street NE, shall stop at
Iowa Highway 330/U.S. Highway 65;
3.
Pleasant Street NE. Vehicles traveling south on Pleasant Street NE, shall stop
at Second Street NE;
4.
Paine Street SE. Vehicles traveling north on Paine Street SE, shall stop at
Second Street NE;
5.
Patterson Street SE. Vehicles traveling north on Patterson Street SE, shall stop
at Second Street NE;
6.
Snyder Street SE. Vehicles traveling north on Snyder Street SE, shall stop at
Second Street NE;
7.
Snyder Street SE. Vehicles traveling south on Snyder Street SE, shall stop at
Paine Street SE;
8.
Brick Street SE.
Washington Avenue SE;
Vehicles traveling on Brick Street SE, shall stop at
9.
Brick Street SE. Vehicles traveling southwest on Brick Street SE, shall stop at
Fillmore Avenue SE;
10.
Cleveland Avenue SE. Vehicles traveling southeast on Cleveland Avenue SE,
shall stop at Brick Street SE;
11.
Jefferson Avenue SE. Vehicles traveling southeast on Jefferson Avenue SE,
shall stop at Brick Street SE;
12.
Brick Street SE. Vehicles traveling southwest on Brick Street SE, shall stop at
Lincoln Street SE;
13.
Oleson Drive SE. Vehicles traveling southeast on Oleson Drive SE, shall stop
at Iowa Highway 330/U.S. Highway 65;
14.
Main Street NE. Vehicles traveling north on Main Street NE, shall stop at
Second Street NE;
15.
Third Street NE. Vehicles traveling west on Third Street NE, shall stop at
Grant Street N;
16.
Fourth Street NE. Vehicles traveling west on Fourth Street NE, shall stop at
Grant Street N;
17.
Blaine Street NW. Vehicles traveling north on Blaine Street NW, shall stop
at Second Street NW;
18.
Deer Ridge Drive NW. Vehicles traveling south on Deer Ridge Drive NW,
shall stop at Second Street NW;
19.
Third Street NW. Vehicles traveling east on Third Street NW, shall stop at
Deer Ridge Drive NW;
20.
Fifth Court NW. Vehicles traveling east on Fifth Court NW, shall stop at
Deer Ridge Drive NW;
21.
Sixth Court NW. Vehicles traveling east on Sixth Court NW, shall stop at
Deer Ridge Drive NW;
22.
Crossing Court NW. Vehicles traveling south on Crossing Court NW, shall
stop at Third Street NW;
23.
First Street NW. Vehicles traveling west on First Street NW, shall stop at
Blaine Street NW;
24.
Alpha Street NW. Vehicles traveling west on Alpha Street NW, shall stop
at Blaine Street NW;
25.
Alpha Street NW. Vehicles traveling north on Alpha Street NW, shall stop
at First Street NW;
26.
Garfield Street NW. Vehicles traveling south on Garfield Street NW, shall
stop at First Street NW;
27.
First Street NW. Vehicles traveling east on First Street NW, shall stop at
Grant Street N;
28.
First Street SW. Vehicles traveling on First Street SW, shall stop at Grant
Street N;
29.
First Street SW. Vehicles traveling on First Street SW, shall stop at Main
Street NE;
30.
First Street SW. Vehicles traveling west on First Street SW, shall stop at
Lincoln Street NE;
31.
Second Street SW. Vehicles traveling on Second Street SW, shall stop at
Grant Street S;
32.
Third Street SE. Vehicles traveling on Third Street SE, shall stop at Main
Street SE;
33.
Third Street SE. Vehicles traveling on Third Street SE, shall stop at Lincoln
Street SE;
34.
Third Street SE. Vehicles traveling on Third Street SE, shall stop at Grant
Street S;
35.
Fourth Street SW. Vehicles traveling on Fourth Street SW, shall stop at
Garfield Street SW;
36.
Fourth Street SE. Vehicles traveling on Fourth Street SE, shall stop at Grant
Street S;
37.
Fourth Street SE. Vehicles traveling east on Fourth Street SE, shall stop at
Lincoln Street SE;
38.
Fifth Street SE. Vehicles traveling west on Fifth Street SE, shall stop at Grant
Street S;
39.
Main Street SE. Vehicles traveling south on Main Street SE, shall stop at Fifth
Street SE;
40.
Filmore Avenue SE. Vehicles traveling north on Filmore Avenue SE, shall
stop at Third Street SE;
41.
Sixth Court SE. Vehicles traveling northeast on Sixth Court SE, shall stop at
Filmore Avenue SE;
42.
Lincoln Court SE. Vehicles traveling southeast on Lincoln Court SE, shall
stop at Tenth Street SE;
43.
Grant Court SE. Vehicles traveling on Grant Court SE, shall stop at Tenth
Street SE;
44.
Grant Court SE. Vehicles traveling south on Grant Court SE, shall stop at
Tenth Street SE;
45.
Tenth Street SE. Vehicles traveling west on Tenth Street SE, shall stop at
Grant Street S;
46.
Grant Court SE. Vehicles traveling southeast on Grant Court SE, shall stop at
Eleventh Street SE;
47.
Brick Street SE. Vehicles traveling west on Brick Street SE, shall stop at
Grant Street S;
48.
Fifteenth Street SE. Vehicles traveling east on Fifteenth Street SE, shall stop
at Grant Street S;
49.
Grant Street S. Vehicles traveling southeast on Grant Street S, shall stop at
Iowa Highway 330/U.S. Highway 65;
50.
Garfield Street SW. Vehicles traveling south on Garfield Street SW, shall stop
at Iowa Highway 330/U.S. Highway 65;
51.
Prairie Drive SW. Vehicles traveling east on Prairie Drive SW, shall stop at
Iowa Highway 330/U.S. Highway 65;
52.
Grant Street S. Vehicles traveling northwest on Grant Street S, shall stop at
15th Street SE, and Iowa Highway 330/U.S. Highway 65;
53.
Grant Street. Vehicles traveling south on Grant Street shall stop at Iowa
Highway 330/U.S. Highway 65;
54.
Third Street NW. Vehicles traveling east on Third Street NW, shall stop at
Deer Ridge Drive NW;
55.
Fifth Court NW. Vehicles traveling east on Fifth Court NW, shall stop at
Deer Ridge Drive NW;
56.
Fifth Street NW. Vehicles traveling west on Fifth Street NW, shall stop at
Deer Ridge Drive NW;
57.
Sixth Court NW. Vehicles traveling east on Sixth Court NW, shall stop at
Deer Ridge Drive NW;
58.
Fifth Street NE. Vehicles traveling west on Fifth Street NE, shall stop at
Grant Street N;
59.
Fifth Street NE. Vehicles traveling east on Fifth Street NE, shall stop at
Lincoln Street NE;
60.
Pleasant Street NE. Vehicles traveling north on Pleasant Street NE, shall
stop at the railroad tracks, 515 feet north of Second Street NE;
61.
Pleasant Street NE. Vehicles traveling south on Pleasant Street N, shall stop
at the railroad tracks, 528 feet north of Second Street NE;
62.
Henry Street SW. Vehicles traveling north on Henry Street SW, shall stop
at 32nd Street SW;
63.
Adams Street SE. Vehicles traveling south on Adams Street SE, shall stop
at 15th Street SE;
64.
Mallard Pointe Drive NW. Vehicles traveling south on Mallard Pointe
Drive NW, shall stop at 2nd Street NW;
65.
Brick Street SE. Vehicles traveling north on Brick Street SE, shall stop at
Oleson Drive SE;
66.
Third Street NE. Vehicles traveling east on Third Street NE, shall stop at
Lincoln Street NE;
67.
Fourth Street NE. Vehicles traveling east on Fourth Street NE, shall stop at
Lincoln Street NE;
68.
Tailfeather Drive NW. Vehicles traveling east on Tailfeather Drive, NW,
shall stop at Grant Street, N;
69.
Spruce Drive NW. Vehicles traveling north on Spruce Drive NW, shall stop
at Tailfeather Drive NW;
70.
Walnut Drive NW. Vehicles traveling east on Walnut Drive NW, shall stop
at Spruce Drive NW;
71.
Sycamore Drive NW. Vehicles traveling north on Sycamore Drive NW, shall
stop at Walnut Drive NW;
72.
Third Street NW. Vehicles traveling east on Third Street NW, shall stop at
Mallard Pointe Drive NW;
73.
Fourth Street NW. Vehicles traveling east on Fourth Street NW, shall stop at
Mallard Pointe Drive NW;
74.
Fifth Street NW. Vehicles traveling east on Fifth Street NW, shall stop at
Mallard Pointe Drive NW;
75.
Third Street NW. Vehicles traveling west on Third Street NW, shall stop at
Mallard Pointe Drive NW;
76.
Tailfeather Court NW. Vehicles traveling north on Tailfeather Court NW,
shall stop at Mallard Pointe Drive NW;
77.
Tailfeather Drive NW. Vehicles traveling southeast on Tailfeather Drive NW,
shall stop at Mallard Pointe Drive NW;
78.
Grain Street NE. Vehicles traveling east on Grain Street NE, shall stop at
Main Street, NE;
79.
Tailfeather Drive NW. Vehicles traveling east on Tailfeather Drive NW, shall
stop at Deer Ridge Drive NW;
80.
Tailfeather Drive NW. Vehicles traveling west on Tailfeather Drive NW, shall
stop at Deer Ridge Drive NW;
81.
Poplar Drive SW. Vehicles traveling west on 33rd Street SW, shall stop at
Poplar Drive SW;
82.
Cedar Avenue SW. Vehicles traveling northwest on Cedar Avenue SW, shall
stop at Poplar Drive SW;
83.
32nd Street SW. Vehicles traveling north on Wolf Creek Road SW, shall stop
at 32nd Street SW;
84.
Wolf Creek Road SW. Vehicles traveling west on 33rd Street SW, shall stop
at Wolf Creek Road SW;
85.
33rd Street SW. Vehicles traveling north on Ash Drive SW, shall stop at 33rd
Street SW;
86.
Ash Drive SW. Vehicles traveling west on 34th Street SW; shall stop at Ash
Drive SW;
87.
33rd Street SW. Vehicles traveling northwest on Oak Drive SW, shall stop at
33rd Street SW;
88.
33rd Street SW. Vehicles traveling north on Prairie Drive SW, shall stop at
33rd Street SW;
89.
Poplar Drive SW. Vehicles traveling east on 33rd Street SW, shall stop at
Poplar Drive, SW;
90.
32nd Street SW. Vehicles traveling north on Poplar Drive SW, shall stop at
32nd Street SW.
(Ordinance No. 04-208)
(Ordinance No. 04-215)
(Ordinance No. 08-224)
(Ordinance No. 09-212)
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 Second Street N and Grant Street N;
2.
Intersection of Second Street S and Main Street S;
3.
Intersection of Second Street S and Lincoln Street S;
4.
Intersection of Lincoln Street S and Tenth Street/Tenth Court S;
5.
Intersection of Lincoln Street S and Eleventh Street/Eleventh Court S.
6.
Intersection of Thirteenth Street Southeast / Lincoln Street, Southeast
(Ordinance No. 07-219)
65.03 THREE-WAY STOP INTERSECTIONS. Every driver of a vehicle
shall stop in accordance with the following:
(Code of Iowa, Sec. 321.345)
1.
Patterson Street SE and Paine Street SE. Vehicles approaching the
intersection of Patterson Street SE and Paine Street SE from the north, east and
west shall stop before entering such intersection.
2.
Second Street SW and Garfield Street SW. Vehicles approaching the
intersection of Second Street SW and Garfield Street SW from the north, south and
west shall stop before entering such intersection.
3.
Fifth Street SE and Lincoln Street SE. Vehicles approaching the
intersection of Fifth Street SE and Lincoln Street SE from the north, south and west
shall stop before entering such intersection.
4.
Intersection of Third Street SE and Filmore Avenue SE
5.
Intersection of Ninth Street Southeast and Filmore Avenue SE
(Ordinance No. 07-219)
65.04 YIELD REQUIRED. Every driver of a vehicle shall yield in accordance
with the following:
(Code of Iowa, Sec. 321.345)
“NONE”
65.05 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 Grant Street S and Second Street SE/SW;
2.
Intersection of Grant Street S and Fourth Street SE/SW;
3.
Intersection of Garfield Street SW and Third Street SW;
4.
Intersection of Garfield Street SW and Fourth Street SW.
(Ordinance No. 04-207)
65.06 STOP BEFORE CROSSING SIDEWALK. The driver of a vehicle
emerging from a private roadway, alley, driveway, or building shall stop such vehicle
immediately prior to driving onto the sidewalk area and thereafter shall proceed into
the sidewalk area only when able to do so without danger to pedestrian traffic and
shall yield the right-of-way to any vehicular traffic on the street into which the vehicle
is entering.
(Code of Iowa, Sec. 321.353)
65.07 STOP WHEN TRAFFIC IS OBSTRUCTED. Notwithstanding any traffic
control signal indication to proceed, no driver shall enter an intersection or a marked
crosswalk unless there is sufficient space on the other side of the intersection or
crosswalk to accommodate the vehicle.
65.08 YIELD TO PEDESTRIANS IN CROSSWALKS. Where traffic control
signals are not in place or in operation, the driver of a vehicle shall yield the right-ofway, 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)
CHAPTER 66
LOAD AND WEIGHT RESTRICTIONS
66.01 Temporary Embargo
66.02 Permits for Excess Size and Weight
66.03 Load Limits Upon Certain Streets
66.04 Load Limits on Bridges
66.05 Truck Route
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 City Administrator
may, upon application and good cause being shown therefore, 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
thereof, no person shall operate any vehicle with a gross weight of the amount on such
signs at any time upon any street not designated as a truck route pursuant to Section
66.05, of the Code of Ordinances of the City of Bondurant, Iowa, 2002.
(Ordinance No. 03-213)
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 City Administrator 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)
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.
U.S. Highway 65;
B.
Grant Street, South between Interstate 80 north to U.S. Highway 65;
C.
Second Street, Northeast and Second Street, Northwest from the west city limit
to the east city limit;
D.
Grain Street.
(Ordinance No. 03-213)
(Ordinance No. 08-226)
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)
66.06 PENALTY. Any person, employer or owner of a vehicle, which violates
these sections, shall be subject to a fine by dividing the difference between the actual
weight and the maximum weight established by this section by 100, and by
multiplying the quotient by $2.00. In no event shall the fine be less than $200.00 for
any violation.
(Ordinance No. 03-213)
CHAPTER 67
PEDESTRIANS
67.01 Walking in Street
67.02 Hitchhiking
67.03 Pedestrian Crossing
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.
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.
Grain Street, NE. Vehicles will travel one-way in an easterly direction only.
(Ordinance No. 08-223)
CHAPTER 69
PARKING REGULATIONS
69.01
69.02
69.03
69.04
69.05
69.06
Park Adjacent to Curb
Park Adjacent to Curb - One-way Street
Angle Parking
Angle Parking – Manner
Parking for Certain Purposes Illegal
Parking Prohibited
69.07
69.08
69.09
69.10
69.11
Persons With Disabilities Parking
No Parking Zones
Truck Parking Limited
Snow Removal
Snow Routes
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.
Garfield Street SW, on the west side from Second Street SW, to Sixth Street SW;
2.
Garfield Street SW, on the east side from Second Street SW, to Third Street SW;
3.
Fourth Street SW, on the north side from Grant Street S, to Garfield Street SW.
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 forty-eight (48) hours 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.
(Code of Iowa, Sec. 321.236 [1])
4.
Sidewalks. On or across a sidewalk.
(Code of Iowa, Sec. 321.358 [1])
5.
Driveway. In front of a public or private driveway.
(Code of Iowa, Sec. 321.358 [2])
6.
Intersection. Within, 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])
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.
19.
U.S. Highway 65. Anywhere along the U.S. Highway 65 right-of-way in the City of
Bondurant, except for temporarily disabled vehicles.
(Ordinance No. 08-213)
69.07 PERSONS WITH DISABILITIES PARKING. The following regulations shall
apply to the establishment and use of persons with disabilities parking spaces:
1.
Establishment. Persons with disabilities parking spaces shall be established and
designated in accordance with Chapter 321L of the Code of Iowa and Iowa
Administrative Code, 661-18. No unauthorized person shall establish any on-street persons
with disabilities parking space without first obtaining Council approval.
2.
Improper Use. The following uses of a persons with disabilities parking space,
located on either public or private property, constitute improper use of a persons with
disabilities parking permit, which is a violation of this Code of Ordinances:
(Code of Iowa, Sec. 321L.4[2])
A.
Use by an operator of a vehicle not displaying a persons with disabilities parking
permit;
B.
Use by an operator of a vehicle displaying a persons with disabilities parking
permit but not being used by a person issued a permit or being transported in accordance
with Section 321L.2(1b) of the Code of Iowa;
C.
Use by a vehicle in violation of the rules adopted under Section 321L.8 of the Code
of Iowa.
3.
Wheelchair Parking Cones. No person shall use or interfere with a wheelchair
parking cone in violation of the following:
A.
A person issued a person 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)
Grant Street S, from Fourth Street SE, to south corporate limits, both sides of street;
2) Grant Street S, from 40 feet north of Fourth Street SE, east side of the street;
3) Grant Street S, from 20 feet north of Fourth Street SE, west side of the street;
4)
Third Street NE, from Lincoln Street NE, to Grant Street N, south side of street;
5) Fourth Street NE, from Lincoln Street NE, to Grant Street N, south side of street;
6) Lincoln Street NE, from Second Street NE, to end of street, west side of street;
7)
Second Street NW/NE, from west corporate limits to east corporate limits, both
sides of street;
8) Blaine Street NW, from Second Street NW, to First Street NW, west side of street;
9)
Garfield Street NW, from First Street NW, to Second Street NW, west side of
street;
10)
First Street NW, from Grant Street N, to Blaine Street NW, north side of street;
11)
Alpha Street NW, from First Street NW, to Blaine Street NW, west side and north
side of street;
12) First Street SW, from Garfield Street SW, to Grant Street S, south side of street;
13) Second Street SW, from Grant Street S, west to alley, south side of street;
14) Fourth Street SW, from Garfield Street E, to alley, north side of street;
15)
Garfield Street SW, from First Street SW, to Fourth Street SW, east side of street;
Garfield Street SW, one and one-half blocks south of Second Street SW, west side of
16)
street;
17)
First Street SE, from east end of street west, to Lincoln Street SE, north side of Street;
from 2:00 a.m., to 8:00 a.m.;
18)
First Street SE, from east end of street, west to north-south alley between Main Street
SE, and Lincoln Street SE;
19)
First Street SE, south of the Bondurant Community Library, from 1:30 p.m., to 7:00
p.m., on Monday, Tuesday, Wednesday and Thursday, except for Library patrons;
20)
First Street SE, south of the Bondurant Community Library, from 9:00 a.m., to 12:00
p.m., on Saturday, except for Library patrons;
21)
Second Street SE, from Lincoln Street SE, to the cemetery, north side of street;
22)
Second Street SE, from Lincoln Street SE, to the cemetery, south side of street when
temporary no parking signs are in place;
23)
Third Street SE, from Grant Street S, to Lincoln Street SE, south side of street;
24)
Fourth Street SE, from Grant Street S, to Lincoln Street SE, south side of street;
25)
Fifth Street SE, from Grant Street S, to Lincoln Street SE, south side of street;
26)
Seventh Court SE, north and west sides of street;
27)
Ninth Court SE, north and west sides of street;
28)
Tenth Street SE, from Grant Street S, to Lincoln Street SE, south side of street;
29)
Tenth Court SE, south side of street;
30)
Patterson Street SE, from Second Street SE, to Paine Street SE, west side of
street;
31)
Paine Street SE, from Second Street SE, to Washington Avenue SE, east side and
south side of street;
32)
All areas of the City parks except those areas designated by signs as parking
areas;
33)
Jr. Haines Parkway, from Pleasant Street NE, to Kinney Park, north side of street;
34)
Deer Ridge Drive NW, from Second Street NW, to end of street, east side of street;
35)
Third Street NW, from 470 feet west of Deer Ridge Drive NW, south side of street;
36)
Crossing Court NW, from 208 feet north of Third Street NW, east side of street;
37)
Filmore Avenue SE, on the even numbered house side;
38)
Grant Street, from Second Street SE, to north corporate limits, both sides of street;
39)
Fifth Court NW, from 285 feet west of Deer Ridge Drive NW, south side of street;
40)
Sixth Court NW, from 344 feet west of Deer Ridge Drive NW, side of street;
41)
Fifth Street NE, from Lincoln Street NE, to Grant Street, N, south side of street;
42)
Fifth Street NW, from 135 feet east of Deer Ridge Drive NW, south side of street;
43)
Mallard Pointe Drive NW, east side of street;
44)
Third Street NW, from 451.76 feet west of Mallard Pointe Drive NW, south side of
street;
45)
Fourth Street NW, from 507.98 feet west of Mallard Pointe Drive NW, south side of
street;
46)
Fifteenth Street SE, from Grant Street S, to the east corporate limits, both sides of
street;
47)
Adams Street SE, from 15th Street SE, to the end of street, east side of street;
48)
Oleson Drive SE, from U.S. Highway 65 to 11th Street SE, north side of street;
49)
Pleasant Street NE, from 2nd Street NE, to the north corporate limits, both sides of
street;
50) Eleventh Court SE, from 442 feet north of Lincoln Street SE, east side of street;
51)
Eleventh Street SE, from Lincoln Street SE, to Oleson Drive SE, east side of
street;
52) Grant Court SE, from 10th Street SE, to 10th Street SE, north side of street;
53) Lincoln Court SE, from 448 feet north of 10th Street SE, north side of street;
54) Ninth Court SE, from 539 feet west of Lincoln Street SE, north side of street;
55) Grant Court SE, from 11th Street SE, to 10th Street SE, north side of street.
56) Lincoln Street SE, from 15th Street SE, to end of street, east side of street;
57) Michael Street SE, from 15th Street SE, to end of street, east side of street;
58) Fourteenth Street SE, east side of street;
59) Fourteenth Street SE, from 173 feet west of Lincoln Street SE, south side of street;
60) Fourteenth Street SE, from 403 feet east of Michael Street SE, south side of street;
61)
Fifth Street NW, from Mallard Pointe Drive NW, to end of street, north side of
street;
62)
Tailfeather Drive NW, from Mallard Pointe Drive NW, to end of street, north side
of street;
63)
Tailfeather Court NW, from 330 feet south of Mallard Pointe Drive NW, west side
of street;
64) Ninth Street SE, from Filmore Avenue SE, to end of street, west side of street;
65) Cleveland Avenue SE, from Brick Street SE, to end of street, north side of street;
66) Jefferson Avenue SE, from Brick Street SE, to end of street, north side of street;
67) Tailfeather Drive NW, from Grant Street N, to end of street, north side of street;
68)
Spruce Drive NW, from Tailfeather Drive NW, to Walnut Drive NW, east side of
street;
69) Spruce Circle NW, from 178 feet south of Walnut Drive NW, east side of street;
70)
Walnut Drive NW, from Spruce Drive NW, to end of street, north side of street;
71)
Sycamore Drive NW, from Walnut Drive NW, to end of street, east side of street;
72)
Evergreen Circle NW, from 265 feet south of Walnut Drive NW, east side of street;
73)
Brick Street SE, from Grant Street S, to Oleson Drive SE, both sides of street;
74) Spruce Circle NW, from 198 feet south of Walnut Drive NW, east side of street;
75)
Sycamore Drive NW, from Walnut Drive NW, to end of street, east side of street;
76)
Evergreen Circle NW, from 265 feet south of Walnut Drive NW, east side of street;
77) Mulberry Drive NW, to Tailfeather Drive NW, north and east sides of street;
78)
Sixth Court NW, from 344 feet west of Deer Ridge Drive NW, north side of street;
79)
Mallard Pointe Drive NW, east side of street;
80)
Fifth Street NW, from Mallard Pointe Drive NW, to end of street, north side of
street;
81)
Tailfeather Court NW, from 330 feet south of Mallard Pointe Drive NW, west side
of street.
82) Thirty-fourth Street, SW, south side of street;
83)
Thirty-fifth Street, SW, south side of street;
84) Ash Drive SW, west side of street;
85)
Maple Drive SW, east side of street;
86)
Brick Street SE, from Grant Street, S, to Oleson Drive, SE, south and east sides of
street;
87) Grain Street NE, north and south side of street;
88)
33rd Street SW, north side of street;
89)
Prairie Drive SW, east side of street;
Poplar Drive SW, east side of street.
90)
(Ordinance No. 05-202)
(Ordinance No. 05-219)
(Ordinance No. 07-218)
(Ordinance No. 08-218)
(Ordinance No. 08-220)
(Ordinance No. 08-225)
(Ordinance No. 09-214)
69.09 TRUCK PARKING LIMITED. No person shall park a motor vehicle of any type
that exceeds seven (7) feet in height or eight (8) feet in width or twenty (20) feet in length on
any street within the City, except when such vehicles are actually engaged in the delivery or
receiving of merchandise or cargo. 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.
(Ordinance No. 08-200)
69.10 SNOW REMOVAL. No person shall park any vehicle or permit the same to remain
standing upon any public street in the City during any one of the following times or periods:
The City of Bondurant Snow Ordinance shall take effect following a declaration of same by
the City Administrator or Street Superintendent. Vehicles must be removed from any City
street by 8:00 p.m., and must remain off of the City street until 8:00 a.m., the following day,
or until the snow declaration has been lifted, whichever occurs latest. Vehicles not removed
by 8:00 p.m., will be ticketed for violating the City’s Snow Ordinance. After being ticketed,
vehicles not removed from the City street by 8:00 a.m., the following day will be towed, with
expenses for towing payable by the vehicle owner.
(Ordinance No. 08-201)
69.11 Deleted.
(Ordinance No. 08-206)
69.12 PARKING OF VEHICLES ON PRIVATE PROPERTY. Parking a car, truck,
camper motor home, travel trailer or boat and / or boat trailer on grass is prohibited. All such
vehicles parked, shall be parked on concrete or asphalt surface. Gravel is not permitted.
(Ordinance No. 07-220)
69.13 REQUEST FOR TEMPORARY VARIANCE. The City Administrator may at his
discretion issue a temporary parking variance, which shall remain in effect for not more than
thirty days. Such variance shall be issued in the following manner:
1.
A parking permit shall be issued stating clearly the variance which is allowed. The
permit shall state that it must be posted in the windshield on the driver’s side of any vehicle
that seeks protection under this variance. The permit shall also state that acceptance of this
permit is consent to abide by the limitations placed on this permit by this subsection. A
copy of this subsection shall be attached to the letter issuing the permit or to the permit
itself.
2.
Variances for longer than twenty-four hours shall be issued by written request only.
The request shall include:
A.
The reason for needing a variance;
B.
The duration of variance requested, for example: January 1 through and including
January 5, 2009;
C.
Provisions for adequate warnings to the public and a specific plan as to how the
request for variance will minimize any safety concerns and inconvenience to the public.
3.
A variance may be extended upon written request. The request must contain the
information required in subsection 2. The total days a variance is allowed may not exceed
thirty days.
4.
The parking permit must be placed in the vehicle clearly visible from the outside of
the car, under the windshield of the driver’s side of the car. Failure to post the permit in a
clearly visible spot under the windshield subjects the vehicle to liability for violation of this
chapter, and may cause the vehicle to be impounded.
5.
No variance under this section is effective until adequate traffic signs, signals
markings or devices are erected clearly indicating the regulation or warning of said
variance. Any costs associated with this signage or warning markers related to an
approved variance shall be the financial responsibility of the applicant.
6.
If the variance is to be in effect for more than twenty-four hours, a letter describing
the variance shall be sent to the police department. This letter shall conform in all respects
to the variance permit as issued by the City Administrator.
7.
The City Administrator shall have the authority to revoke said permit, for any
reason, upon 24 hours written notice to the applicant.
(Ordinance No. 09-208)
69.14 TRUCK, TRAILER AND BOAT PARKING LIMITED.
1. No person shall park a trailer, semi-trailer, tractor, road tractor or truck tractor unit,
boat, camper, recreational vehicle, motor home or equipment of any type at any time upon
any portion of any street except for such reasonable time as may be necessary to load or
unload passengers, freight, or other merchandise.
2.
No person shall park any non-licensed construction equipment on a street in a
residential neighborhood for any period longer than two hours, except while actively using
the equipment during normal working hours.
3.
No person shall stand or park a tractor-trailer or semi-trailer on any street in a
residential area for any period longer than two hours, except that the driver of a tractortrailer or semi-trailer may temporarily stand or park in a residential area for the purpose of
and while actually engaged in loading or unloading such vehicle. This provision applies to
the trailer when disconnected from the tractor or from the vehicle meant to tow or pull the
trailer.
(Ordinance No. 09-209)
CHAPTER 70
TRAFFIC CODE ENFORCEMENT PROCEDURES
70.01 Arrest or Citation
70.04 Parking Violations: Vehicle Unattended
70.02 Scheduled Violations
70.03 Parking Violations: Alternate
70.05 Presumption in Reference to Illegal Parking
70.06 Impounding Vehicles
70.01 ARREST OR CITATION. Whenever a peace officer has reasonable cause
to believe that a person has violated any provision of the Traffic Code, such officer
may:
1.
Immediate Arrest. Immediately arrest such person and take such person before
a local magistrate, or
2.
Issue Citation. Without arresting the person, prepare in quintuplicate a
combined traffic citation and complaint as adopted by the Iowa Commissioner of
Public Safety, or issue a uniform citation and complaint utilizing a State-approved
computerized device.
(Code of Iowa, Sec. 805.6 & 321.485)
70.02 SCHEDULED VIOLATIONS. For violations of the Traffic Code which are
designated by Section 805.8 of the Code of Iowa to be scheduled violations, the
scheduled fine for each of those violations shall be as specified in Section 805.8 of the
Code of Iowa.
(Code of Iowa, Sec. 805. &, 805.8)
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 at the office of the City Administrator. The simple notice of a fine
shall be in the amount of fifteen dollars ($15.00) for all violations except snow route
parking violations and improper use of a person with disabilities parking permit. If
such fine is not paid within thirty (30) day, it shall be increased by an additional five
dollars ($5.00). The simple notice of a fine for snow removal parking violations as
stated in Section 69.10, shall be twenty-five dollars ($25.00), and the simple notice of
a fine for improper use of a person 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.
(Code of Iowa, Sec. 321.236 [1a] & 321L.4[2])
(Ordinance No. 09-210)
(Ordinance No. 10-207)
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 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 Forty-eight Hour Period. When any vehicle is left parked for a
continuous period of forty-eight (48) hours or more. If the owner is found, 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])
CHAPTER 75
ALL-TERRAIN VEHICLES AND SNOWMOBILES
75.01
75.02
75.03
75.04
Purpose
Definitions
General Regulations
Operation of Snowmobiles
75.05 Operation of All-Terrain Vehicles
75.06 Negligence
75.07 Accident Reports
75.01 PURPOSE. The purpose of this chapter is to regulate the operation of all-terrain
vehicles and snowmobiles within the City.
75.02 DEFINITIONS. For use in this chapter the following terms are defined:
1.
“All-terrain vehicle” or “ATV” means a motorized flotation-tire vehicle with not
less than three (3) low pressure tires, but not more than six (6) low pressure tires, or a
two-wheeled, off-road motorcycle, that is limited in engine displacement to less than
eight hundred (800) cubic centimeters and in total dry weight to less than seven hundred
fifty (750) pounds and that has a seat or saddle designed to be straddled by the operator
and handlebars for steering control. Two-wheeled, off-road motorcycles shall be
considered all-terrain vehicles only for the purpose of titling and registration. An
operator of a two-wheeled, off-road motorcycle is exempt from the safety instruction and
certification program requirement of Sections 321I.24 and 321I.25 of the Code of Iowa.
(Code of Iowa, Sec. 321I.1[1])
(Ordinance. 02-208)
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, or any
combination of runners, skis or tread, and is designed for travel on snow or ice.
(Code of Iowa, Sec. 321G.1 [18])
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 shall be operated only upon streets, which have not been
plowed during the snow season and on such other streets as may be designated by
resolution of the Council.
(Code of Iowa, Ch. 321G.9[4a])
2.
Exceptions. Snowmobiles may be operated on prohibited streets only under the
following circumstances:
A.
Emergencies. Snowmobiles may be operated on any street in an emergency
during the period of time when and at locations where snow upon the roadway renders
travel by conventional motor vehicles impractical.
(Code of Iowa, Sec. 321G.9[4c])
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-ofway 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[h])
4.
Trails. Snowmobiles shall not be operated on all-terrain vehicle trails except
where so designated.
(Code of Iowa, Sec. 321G.9[4g])
5.
Parks and Other City Land. Snowmobiles shall not be operated in any park,
playground or upon any other City-owned property without the express permission of
the City. A snowmobile shall not be operated on any City land without a snow cover
of at least one-tenth of one inch.
6.
Sidewalk or Parking. Snowmobiles shall not be operated upon the public sidewalk
or that portion of the street located between the curb line and the sidewalk or property
line commonly referred to as the “parking” except for purposes of crossing the same to a
public street upon which operation is authorized by this chapter.
75.05 OPERATION OF ALL-TERRAIN VEHICLES. The operators of ATVs shall
comply with the following restrictions as to where ATVs may be operated within the
City:
1.
Streets. ATVs may be operated on streets only in accordance with Section
321.234A of the Code of Iowa or on such streets as may be designated by resolution of
the Council for the sport of driving ATVs.
(Code of Iowa, Sec. 321I.10[1 & 2A])
2.
Trails. ATVs shall not be operated on snowmobile trails except where designated.
(Code of Iowa, Sec. 321I.10[3])
3.
Railroad Right-of-way. ATVs shall not be operated on an operating railroad rightof-way. An ATV may be driven directly across a railroad right-of-way only at an
established crossing and notwithstanding any other provisions of law may, if necessary,
use the improved portion of the established crossing after yielding to all oncoming
traffic.
(Code of Iowa, Sec. 321I.14[h])
4.
Parks and Other City Land. ATVs shall not be operated in any park, playground
or upon any other City-owned property without the express permission of the City.
5.
Sidewalk or Parking. ATVs shall not be operated upon the public sidewalk or that
portion of the street located between the curb line and the sidewalk or property line
commonly referred to as the “parking.”
75.06
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)
(Ordinance No. 04-211)
CHAPTER 76
BICYCLE REGULATIONS
76.01
76.02
76.03
76.04
76.05
76.06
76.07
Scope of Regulations
Traffic Code Applies
Double Riding Restricted
Two Abreast Limit
Bicycle Paths
Speed
Emerging from Alley or Driveway
76.08
76.09
76.10
76.11
76.12
76.13
76.14
Carrying Articles
Riding on Sidewalks
Towing
Improper Riding
Parking
Equipment Requirements
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])
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 bicycle or
against a building or at the curb, in such a manner as to afford the least obstruction to
pedestrian traffic.
(Code of Iowa, Sec. 321.236 [10])
76.13 EQUIPMENT REQUIREMENTS. Every person riding a bicycle shall be
responsible for providing and using equipment as provided herein:
1.
Lamps Required. Every bicycle when in use at nighttime shall be equipped
with a lamp on the front which shall emit a white light visible from a distance of at
least three hundred (300) feet to the front and with a lamp on the rear exhibiting a red
light visible from a distance of three hundred (300) feet to the rear except that a red
reflector on the rear, of a type which shall be visible from all distances from fifty (50)
feet to three hundred (300) feet to the rear when directly in front of lawful upper beams
of headlamps on a motor vehicle, may be used in lieu of a rear light.
(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.
CHAPTER 80
ABANDONED VEHICLES
80.01
80.02
80.03
80.04
80.05
Definitions
Authority to Take Possession of Abandoned Vehicles
Notice by Mail
Notification in Newspaper
Fees for Impoundment
80.06
80.07
80.08
80.09
Disposal of Abandoned Vehicles
Disposal of Totally Inoperable Vehicles
Proceeds from Sales
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 twentyfour (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 twentyfour (24) hours.
C.
A vehicle that has been unlawfully parked or placed on private property without
the consent of the owner or person in control of the property for more than twenty-four
(24) hours.
D.
A vehicle that has been legally impounded by order of a police authority and has
not been reclaimed for a period of ten (10) days. However, a police authority may
declare the vehicle abandoned within the ten-day period by commencing the notification
process.
E.
Any vehicle parked on the highway determined by a police authority to create a
hazard to other vehicle traffic.
F.
A vehicle that has been impounded pursuant to Section 321J.4B of the Code of
Iowa by order of the court and whose owner has not paid the impoundment fees after
notification by the person or agency responsible for carrying out the impoundment order.
2.
“Demolisher” means a person licensed under Chapter 321H of the Code of Iowa
whose business it is to convert a vehicle to junk, processed scrap or scrap metal, or
otherwise to wreck, or dismantle vehicles.
3.
“Police authority” means the Iowa state patrol or any law enforcement agency of
a county or city.
80.02 AUTHORITY TO TAKE POSSESSION OF ABANDONED VEHICLES. A
police authority, upon the authority’s own initiative or upon the request of any other
authority having the duties of control of highways or traffic, shall take into custody
an
abandoned vehicle on public property and may take into custody any abandoned
vehicle on private property. The police authority may employ its own personnel,
equipment and facilities or hire a private entity, equipment and facilities for the
purpose of removing, preserving, storing, or disposing of abandoned vehicles. 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 that takes into
custody an abandoned vehicle shall notify, within twenty (20) days, by certified mail,
the last known registered owner of the vehicle, all lienholders of record, and any other
known claimant to the vehicle or to personal property found in the vehicle, addressed
to the parties’ last know addresses of record, that the abandoned vehicle has been
taken into custody. Notice shall be deemed given when mailed. The notice shall
describe the year, make, model and vehicle identification number of the vehicle,
describe the personal property found in the vehicle, set forth the location of the facility
where the vehicle is being held, and inform the persons receiving the notice of their
right to reclaim the vehicle and personal property within ten (10) days after the
effective date of the notice upon payment of all towing, preservation, and storage
charges resulting from placing the vehicle in custody and upon payment of the costs of
the notice. The notice shall also state that the failure of the owner, lienholders or
claimants to exercise their right to reclaim the vehicle or personal property within the
time provided shall be deemed a waiver by the owner, lienholders and claimants of all
right, title, claim and interest in the vehicle or personal property and that failure to
reclaim the vehicle or personal property is deemed consent to the sale of the vehicle at
a public auction or disposal of the vehicle to a demolisher and to disposal of the
personal property by sale or destruction. The notice shall state that any person
claiming rightful possession of the vehicle or personal property who disputes the
planned disposition of the vehicle or property by the police authority or private entity
or of the assessment of fees and charges provided by this section may ask for an
evidentiary hearing before the police authority to contest those matters. If the persons
receiving 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 it is impossible to determine with
reasonable certainty the identity and addresses of the last registered owner and all
lienholders, notice by one publication in one newspaper of general circulation in
the
area where the vehicle was abandoned shall be sufficient to meet all requirements of
notice under Section 80.03. The published notice may contain multiple listings of
abandoned vehicles and personal property but shall be published within the same time
requirements and contain the same information as prescribed for mailed notice in Section
80.03.
(Code of Iowa, Sec. 321.89[3b])
80.05 FEES FOR IMPOUNDMENT. The owner, lienholder or claimant shall pay all
towing and storage fees as established by the storage facility, whereupon the vehicle shall
be released.
(Code of Iowa, Sec. 321.89[3a])
80.06 DISPOSAL OF ABANDONED VEHICLES. If an abandoned vehicle has not
been reclaimed as provided herein, the police authority or private entity shall make a
determination as to whether or not the motor vehicle should be sold for use upon the
highways, and shall dispose of the motor vehicle in accordance with State law.
(Code of Iowa, Sec. 321.89[4])
80.07 DISPOSAL OF TOTALLY INOPERABLE VEHICLES. The City or any
person upon whose property or in whose possession is found any abandoned motor
vehicle, or any person being the owner of a motor vehicle whose title certificate is faulty,
lost or destroyed, may dispose of such motor vehicle to a demolisher for junk, without a
title and without notification procedures, if such motor vehicle lacks an engine or two (2)
or more wheels or other structural part which renders the vehicle totally inoperable. The
police authority shall give the applicant a certificate of authority. The applicant shall
then apply to the County Treasurer for a junking certificate and shall surrender the
certificate of authority in lieu of the certificate of title.
(Code of Iowa, Sec. 321.90[2e])
80.08 PROCEEDS FROM SALES. Proceeds from the sale of any abandoned vehicle
shall be applied to the expense of auction, cost of towing, preserving, storing and
notification required, in accordance with State law. Any balance shall be held for the
owner of the motor vehicle or entitled lienholder for ninety (90) days, and then shall be
deposited in the State Road Use Tax Fund. Where the sale of any vehicle fails to realize
the amount necessary to meet costs the police authority shall apply for reimbursement
from the Department of Transportation.
(Code of Iowa, Sec. 321.89[4])
80.09 DUTIES OF DEMOLISHER. Any demolisher who purchases or otherwise
acquires an abandoned motor vehicle for junk shall junk, scrap, wreck, dismantle or
otherwise demolish such motor vehicle. A demolisher shall not junk, scrap, wreck,
dismantle or demolish a vehicle until the demolisher has obtained the junking
certificate issued for the vehicle.
(Code of Iowa, Sec. 321.90[3a])
(Ordinance No. 05-215)
CHAPTER 81
RAILROAD REGULATIONS
81.01 Definitions
81.02 Warning Signals
81.03 Obstructing Streets
81.04 Crossing Maintenance
81.01 DEFINITIONS. For use in this chapter, the following terms are defined:
1.
“Railroad train” means an engine or locomotive, with or without cars coupled
thereto, operated upon rails.
(Code of Iowa, Sec. 321.1)
2.
“Operator” means any individual, partnership, corporation or other association
which owns, operates, drives or controls a railroad train.
81.02 WARNING SIGNALS. Operators shall sound a horn at least one thousand
(1,000) feet before a street crossing is reached and after sounding the horn, shall ring the
bell continuously until the crossing is passed.
(Code of Iowa, Sec. 327G.13)
81.03 OBSTRUCTING STREETS. Operators shall not operate any train in such a
manner as to prevent vehicular use of any highway, street or alley for a period of time in
excess of ten (10) minutes except:
(Code of Iowa, Sec. 327G.32)
1.
Comply with Signals. When necessary to comply with signals affecting the safety
of the movement of trains.
2.
Avoid Striking. When necessary to avoid striking any object or person on the
track.
3.
Disabled. When the train is disabled.
4.
Safety Regulations. When necessary to comply with governmental safety
regulations including, but not limited to, speed ordinances and speed regulations.
5.
In Motion. When the train is in motion, except while engaged in switching
operations.
6.
No Traffic. When there is no vehicular traffic waiting to use the crossing.
An employee is not guilty of a violation of this section if the employee’s action was
necessary to comply with the direct order or instructions of a railroad corporation or its
supervisors. Guilt is then with the railroad corporation.
81.04 CROSSING MAINTENANCE. Operators shall construct and maintain
good, sufficient and safe crossings over any street traversed by their rails.
(Bourett vs. Chicago & N.W. Ry. 152 Iowa 579, 132 N.W. 973 [1943])
(Code of Iowa, Sec. 364.11)
CHAPTER 90
WATER SERVICE SYSTEM
90.01
90.02
90.03
90.04
90.05
90.06
90.07
90.08
90.09
90.10
Definitions
Superintendent’s Duties
Mandatory Connections
Abandoned Connections
Application for Service
Connection Charge
Compliance with Plumbing Code
Plumber Required
Excavations
Tapping Mains
90.11
90.12
90.13
90.14
90.15
90.16
90.17
90.18
90.19
Installation of Water Service Pipe
Responsibility for Water Service Pipe
Failure to Maintain
Curb Valve
Interior Valve
Inspection and Approval
Completion by the City
Shutting off Water Supply
Operation of Curb Valve and Hydrants
90.01 DEFINITIONS. The following terms are defined for use in the chapters in this
Code of Ordinances pertaining to the Water Service System:
1.
“Combined service account” means a customer service account for the provision
of two or more utility services.
2.
“Customer” means, in addition to any person receiving water service from the
City, the owner of the property served, and as between such parties the duties,
responsibilities, liabilities and obligations hereinafter imposed shall be joint and several.
3.
“Superintendent” means the Superintendent of the City water system or any duly
authorized assistant, agent or representative.
4.
“Water main” means a water supply pipe provided for public or community use.
5.
“Water service pipe” means the pipe from the water main to the building served.
6.
“Water system” or “water works” means all public facilities for securing,
collecting, storing, pumping, treating and distributing water.
90.02 SUPERINTENDENT’S DUTIES.
The Superintendent shall supervise the
installation of water service pipes and their connection to the water main and enforce all
regulations pertaining to water services in the City in accordance with this chapter. This
chapter shall apply to all replacements of existing water service pipes as well as to new
ones. The Superintendent shall make such rules, not in conflict with the provisions of this
chapter, as may be needed for the detailed operation of the water system, to the approval of
the Council. In the event of an emergency the Superintendent may make temporary rules
for the protection of the system until due consideration by the Council may be had.
(Code of 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 APPLICATION FOR SERVICE. Before any person makes a connection
with the public water system, an application for service must be made to the City. The
application for service shall include the address 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. The property owner shall complete installation and
connection of the service line to the public water system within sixty (60) days after
the application for service, except that when such time period is inequitable or unfair
due to conditions beyond the control of the property owner, an extension of time
within which to complete the work may be granted.
90.06 CONNECTION CHARGE. The person who makes the application for
service shall pay to the City Administrator a connection fee, in accordance with the fee
schedule established by resolution of the Council, for connection within and outside
the corporate limits.
(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 the Uniform Plumbing Code.
90.08 PLUMBER REQUIRED. All installations of water service pipes and
connections to the water system shall be made by a licensed plumber, and a plumber’s
license may be suspended or revoked for violation of any of the provisions of this
chapter. The plumber shall provide a maintenance bond, in an amount determined by
the City Administrator, covering the connection of the water service pipe to the water
main for a period of four (4) years.
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.
Sizes and Location of Taps. All mains six (6) inches or less in diameter shall
receive no larger than a three-fourths (3/4) inch tap. All mains of over six (6) inches in
diameter shall receive no larger than a one inch tap. Where a larger connection than a
one inch tap is desired, two (2) or more small taps or saddles shall be used, as the
Superintendent shall order. All taps in the mains shall be made in the top half of the
pipe, at least eighteen (18) inches apart. No main shall be tapped nearer than two (2) feet
of the joint in the main.
3.
Corporation Stop. A brass corporation stop, of the pattern and weight approved by
the Superintendent, shall be inserted in every tap in the main. The corporation stop in the
main shall be of the same size as the service pipe.
4.
Location Record. An accurate and dimensional sketch showing the exact
location of the tap shall be filed with the Superintendent in such form as the
Superintendent shall require.
90.11 INSTALLATION OF WATER SERVICE PIPE. Water service pipes from
the main to the meter shall be of material(s) approved by the Superintendent. Pipe must
be laid sufficiently waving, and to such depth, as to prevent rupture from settlement or
freezing.
90.12 RESPONSIBILITY FOR WATER SERVICE PIPE. All costs and expenses
incident to the installation, connection and maintenance of the water service pipe from
the main to the building served, including but not limited to the saddle, the tap, the curb
valve/stop box, the inlet valve and the outlet valve 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 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, or any other location, approved by
the Superintendent. The shut-off valve shall be constructed to be visible and even with
the pavement or ground.
90.15 INTERIOR VALVE. There shall be installed a shut-off valve on every service
pipe inside the building as close to the entrance of the pipe within the building as
possible and so located that the water can be shut off conveniently. Where one service
pipe supplies more than one customer within the building, there shall be separate valves
for each such customer so that service may be shut off for one without interfering with
service to the others.
90.16 INSPECTION AND APPROVAL. All water service pipes and their
connections to the water system must be inspected and approved in writing by the
Superintendent before they are covered, and the Superintendent shall keep a record of
such approvals. If the Superintendent refuses to approve the work, the plumber or
property owner must proceed immediately to correct the work. Every person who
uses or intends to use the municipal water system shall permit the Superintendent to
enter the premises to inspect or make necessary alterations or repairs at all reasonable
hours and on proof of authority.
90.17 COMPLETION BY THE CITY. Should any excavation be left open or
only partly refilled for twenty-four (24) hours after the water service pipe is installed
and connected with the water system, or should the work be improperly done, the City
shall have the right to finish or correct the work, and the Council shall assess the costs
to the property owner or the plumber. If the plumber is assessed, the plumber must
pay the costs before receiving another permit. If the property owner is assessed, such
assessment may be collected with and in the same manner as general property taxes.
(Code of Iowa, Sec. 364.12[3a & h])
90.18 SHUTTING OFF WATER SUPPLY. The City Administrator may order
the shut off of 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 City Administrator has ordered the water to be turned on.
90.19 OPERATION OF CURB VALVE AND HYDRANTS. It is unlawful for
any person except the Superintendent to turn water on at the curb valve, and no
person, unless specifically authorized by the City, shall open or attempt to draw water
from any fire hydrant for any purpose whatsoever.
CHAPTER 91
WATER METERS
91.01
91.02
91.03
91.04
Purpose
Water Use Metered
Fire Sprinkler Systems- Exception
Location of Meters
91.07
91.08
91.09
91.10
Meter Repairs
Right of Entry
Irrigation Meters
Remote Reading Devices
91.05 Meter Setting
91.06 Meter Costs
91.11 Meter Testing
91.12 Conduit Required
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 purchased through 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 the water 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 freezing related damage, carelessness or negligence of the
customer or property owner, or the meter is not owned by the City, then the property
owner shall be liable for the cost of repairs.
(Ordinance No. 09-201)
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 IRRIGATION METERS. An irrigation meter may also be installed to
measure water that is not disposed of through the public sanitary sewer system. The
water measured by an irrigation meter may include water for swimming pools,
watering yards, watering gardens or other similar uses. The following regulations
apply to irrigation meters:
1.
Irrigation meters shall be installed not more than four (4) feet from the main
meter and shall be installed parallel to the main meter.
2.
A City-approved backflow preventer must be installed after the irrigation
meter to protect against contamination of the water system.
3.
The irrigation meter must be installed horizontal to the floor with the arrow of
the meter being in the direction of the flow of water to the outside.
4.
No underground irrigation systems are allowed in the public right-of-way.
The City will furnish and install the irrigation meter. The full cost of the meter and
the cost of installation shall be paid by the customer or property owner prior to the
installation of any such meter. Sewer service charges shall not apply to the water
measured by the irrigation meter.
91.10 REMOTE READING DEVICES. All new meter installations in individual
dwelling units shall be equipped with remote reading devices. In the event the City is
unable to gain access to read a meter, the City may cause a remote reading device to
be installed. The cost of the installation of the remote reading device shall be charged
to the property owner.
91.11 METER TESTING. The Superintendent or any designee shall make a test
of the accuracy of any water meter at any time when requested in writing. If it is
found that such meter overruns to the extent of 5% or more, the cost of the test shall be
paid by the City and a refund shall be made to the customer for overcharges collected
since the last known date of accuracy, but not more than 5% of the total water bill and
not for a longer period than 3 months. If the meter is found to be accurate or slow or
less than 5% fast, the user shall pay a testing charge in accordance with the fee
schedule established by resolution of the Council.
91.12 CONDUIT REQUIRED. Electrical conduit shall be installed in all
residential, commercial and industrial structures in accordance with specifications
provided by the City, of each meter.
(Ordinance No. 03-228)
CHAPTER 92
WATER RATES
92.01
92.02
92.03
92.04
92.05
Service Charges
Rates For Service
Rates Outside the City
Billing for Water Service
Service Discontinued
92.06
92.07
92.08
92.09
92.10
Lien for Nonpayment
Lien Exemption
Lien Notice
Customer Deposits
Temporary Vacancy
92.01 SERVICE CHARGES. Each customer shall pay for water service provided by
the City based upon use of water as determined by meters provided for in Chapter 91.
Each location, building, premises or connection shall be considered a separate and
distinct customer whether owned or controlled by the same person or not.
(Code of Iowa, Sec. 384.84)
92.02 RATES FOR SERVICE. Water service shall be furnished at the following
rates within the City:
(Code of Iowa, Sec. 384.84)
1.
A service availability charge of $5.67 per month except for qualified elderly
individuals who shall be charged a service availability charge of $3.32 per month.
2.
In addition to the service availability charge, a usage charge of $5.67 for each
1,000 gallons of water used per month.
(Ordinance No. 05-203)
(Ordinance No. 07-211)
92.03 RATES OUTSIDE THE CITY. Water service shall be provided to any
customer located outside the corporate limits of the City, which the City has agreed to
serve at rates one hundred fifty percent (150%) of the rates provided in Section 92.02.
Qualified elderly individuals shall be charge a service availability charge of $6.16 per
month. No such customer, however, will be served unless the customer shall have signed
a service contract agreeing to be bound by the ordinances, rules and regulations applying
to water service established by the Council.
(Code of Iowa, Sec. 364.4 & 384.84)
(Ordinance No. 07-213)
92.04 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 City Administrator shall prepare and issue bills for combined
service accounts on or before the first day of each month.
2.
Bills Payable. Bills for combined service accounts shall be due and payable at
the office of the City Administrator by the fifteenth (15th) day of each month.
3.
Late Payment Penalty. Bills not paid when due shall be considered delinquent.
A one-time late payment penalty of ten percent (10%) of the amount due shall be
added to each delinquent bill.
92.05 SERVICE DISCONTINUED. Water service to delinquent customers shall
be discontinued in accordance with the following:
(Code of Iowa, Sec. 384.84)
1.
Notice. The City Administrator 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.
2.
Notice to Landlords. If the customer is a tenant, and if the owner or landlord of
the property has made a written request for notice, the notice of delinquency shall also
be given to the owner or landlord.
3.
Hearing. If a hearing is requested by noon of the day preceding the shut off, the
City Administrator shall conduct an informal hearing and shall make a determination
as to whether the disconnection is justified. If the City Administrator finds that
disconnection is justified, then such disconnection shall be made unless payment has
been received.
4.
Fee. A fee, in accordance with the fee schedule established by resolution of the
Council, shall be charged before service is restored to a delinquent customer. No fee
shall be charged for the usual or customary trips in the regular changes in occupancies
of property.
92.06 LIEN FOR NONPAYMENT. The owner of the premises served and any
lessee or tenant thereof shall be jointly and severally liable for water service charges to
the premises. Water service charges remaining unpaid and delinquent shall constitute
a lien upon the premises served and shall be certified by the City Administrator to the
County Treasurer for collection in the same manner as property taxes.
(Code of Iowa, Sec. 384.84)
92.07 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 thirty (30) 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 thirty (30) 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)
(Ordinance No. 09-207)
92.08 LIEN NOTICE. A lien for delinquent water service charges shall not be
certified to the County Treasurer unless prior written notice of intent to certify a lien is
given to the customer. 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)
(Ordinance No. 09-207)
92.09 CUSTOMER DEPOSITS. There shall be required from every customer a one
hundred dollar ($100.00), per meter, deposit intended to guarantee the payment of bills
for service. If an irrigation meter is installed, an additional $100.00 deposit is required.
(Code of Iowa, Sec. 384.84)
92.10 TEMPORARY VACANCY. A property owner may request water service be
temporarily discontinued and shut off at the curb valve when the property is expected to
be vacant for an extended period of time. The fee for shutting the water off at the curb
valve and for restoring service is fifty dollars ($50.00). 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.
CHAPTER 95
SANITARY SEWER SYSTEM
95.01
95.02
95.03
95.04
95.05
Purpose
Definitions
Superintendent
Prohibited Acts
Sewer Connection Required
95.06
95.07
95.08
95.09
Service Outside the City
Right of Entry
Use of Easements
Special Penalties
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.
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 than five (5) times the average twentyfour (24) hour concentration or flows during normal operation.
21.
“Storm drain” or “storm sewer” means a sewer which carries storm and surface
waters and drainage but excludes sewage and industrial wastes, other than unpolluted
cooling water.
22.
“Superintendent” means the Superintendent of sewage works and/or of water
pollution control of the City or any authorized deputy, agent, or representative.
23.
“Suspended solids” means solids that either float on the surface of, or are in
suspension in water, sewage, or other liquids, and which are removable by laboratory
filtering.
24.
“Watercourse” means a channel in which a flow of water occurs, either
continuously or intermittently.
95.03 SUPERINTENDENT. The Superintendent shall exercise the following powers
and duties:
(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 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 ninety (90) days after date of official notice
from the City to do so provided that said public sewer is located within three hundred
(300)
feet 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 authority to inquire into
any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other
industries that may have a bearing on the kind and source of discharge to the sewers or
waterways or facilities for waste treatment.
95.08 USE OF EASEMENTS. The Superintendent and other duly authorized
employees of the City bearing proper credentials and identification shall be permitted
to enter all private properties through which the City holds a duly negotiated easement
for the purposes of, but not limited to, inspection, observation, measurement,
sampling, repair, and maintenance of any portion of the sewage works lying within
said easement. All entry and subsequent work, if any, on said easement, shall be done
in full accordance with the terms of the duly negotiated easement pertaining to the
private property involved.
95.09 SPECIAL PENALTIES. The following special penalty provisions shall
apply to violations of these Sanitary Sewer chapters:
1.
Notice of Violation. Any person found to be violating any provision of these
chapters except subsections 1, 3 and 4 of Section 95.04, shall be served by the City
with written notice stating the nature of the violation and providing a reasonable time
limit for the satisfactory correction thereof. The offender shall, within the period of
time stated in such notice, permanently cease all violations.
2.
Continuing Violations. Any person who shall continue any violation beyond
the time limit provided for in subsection 1 hereof shall be in violation of this Code of
Ordinances. Each day in which any such violation shall continue shall be deemed a
separate offense.
3.
Liability Imposed. Any person violating any of the provisions of these
chapters shall become liable to the City for any expense, loss, or damage occasioned
the City by reason of such violation.
CHAPTER 96
BUILDING SEWERS AND CONNECTIONS
96.01
96.02
96.03
96.04
Application for Service
Connection Charge
Plumber Required
Connection Requirements
96.05
96.06
96.07
96.08
Sewer Tap
Inspection Required
Property Owner’s Responsibility
Abatement of Violations
96.01 APPLICATION FOR SERVICE. No unauthorized person shall make any
connection to the public sewer system without first making an application for service
to the City. The application for service 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 property owner shall complete construction and
connection of the building sewer to the public sewer within sixty (60) days after the
application for service, 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.
96.02 CONNECTION CHARGE. The person who makes the application for
service shall pay to the City Administrator a connection fee in accordance with the fee
schedule established by resolution of the Council.
96.03 PLUMBER REQUIRED.
All installations of building sewers and
connections to the public sewer shall be made by a licensed plumber, and a plumber’s
license may be suspended or revoked for violation of any of the provisions of these
Sanitary Sewer chapters. The plumber shall provide a maintenance bond, in an
amount determined by the City Administrator, covering the connection of the building
sewer to the sewer main for a period of four (4) years.
96.04 CONNECTION REQUIREMENTS. The installation of the building sewer
and its connection to the public sewer shall conform to the requirements of the
Uniform Plumbing Code, the laws of the State and other applicable rules and
regulations of the City.
96.05 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 public sewer shall be tapped with a tapping
machine and a saddle appropriate to the type of public sewer shall be glued or attached
with a gasket and stainless steel clamps to the sewer. At no time shall a building
sewer be constructed so as to enter a manhole unless special written permission is
received from the Superintendent and in accordance with the Superintendent’s direction
if such connection is approved.
96.06 INSPECTION REQUIRED. No building sewer shall be covered, concealed or
put into use until it has been tested, inspected and accepted as prescribed in the Uniform
Plumbing Code.
96.07 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.
96.08 ABATEMENT OF VIOLATIONS. Building sewers, whether located upon the
private property of any owner or in the public right-of-way, which are constructed or
maintained in violation of any of the requirements of this chapter shall be deemed a
nuisance and the same shall be abated by the City in the manner provided for the
abatement of nuisances.
(Code of Iowa, Sec. 364.12[3])
CHAPTER 97
USE OF PUBLIC SEWERS
97.01
97.02
97.03
97.04
Storm Water
Surface Waters Exception
Prohibited Discharges
Restricted Discharges
97.05
97.06
97.07
97.08
Restricted Discharges - Powers
Special Facilities
Control Manholes
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.
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,
un-ground 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 (c) having an average daily flow greater than two percent (2%) of
the average sewage flow of the City, shall be subject to the review of the Superintendent.
Where necessary in the opinion of the Superintendent, the owner shall provide, at the
owner’s expense, such preliminary treatment as may be necessary to (a) reduce the
biochemical oxygen demand to 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) 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).
C.
Unusual B.O.D., chemical oxygen demand, or chlorine requirements in such
quantities as to constitute a significant load on the sewage treatment works.
D.
Unusual volume of flow or concentration of wastes constituting “slugs” as
defined herein.
11.
Noxious or Malodorous Gases. Any noxious or malodorous gas or other
substance which either singly or by interaction with other wastes is capable of creating
a public nuisance or hazard to life or of preventing entry into sewers for their
maintenance and repair.
12.
Damaging Substances. Any waters, wastes, materials or substances which
react with water or wastes in the sewer system to release noxious gases, develop color
of undesirable intensity, form suspended solids in objectionable concentration or
create any other condition deleterious to structures and treatment processes.
13.
Untreatable Wastes. Waters or wastes containing substances which are not
amenable to treatment or reduction by the sewage treatment processes employed, or
are amenable to treatment only to such degree that the sewage treatment plant effluent
cannot meet the requirements of other agencies having jurisdiction over discharge to
the receiving waters.
97.05 RESTRICTED DISCHARGES - POWERS. If any waters or wastes are
discharged, or are proposed to be discharged to the public sewers, which waters
contain the substances or possess the characteristics enumerated in Section 97.04
and
which, in the judgment of the Superintendent may have a deleterious effect upon the
sewage works, processes, equipment, or receiving waters, or which otherwise create a
hazard to life or constitute a public nuisance, the Superintendent may:
1.
Rejection. Reject the wastes by requiring disconnection from the public sewage
system;
2.
Pretreatment. Require pretreatment to an acceptable condition for discharge to the
public sewers;
3.
Controls Imposed. Require control over the quantities and rates of discharge;
and/or
4.
Special Charges. Require payment to cover the added cost of handling and
treating the wastes not covered by existing taxes or sewer charges under the provisions of
Chapter 99.
97.06 SPECIAL FACILITIES. If the Superintendent permits the pretreatment or
equalization of waste flows, the design and installation of the plants and equipment shall
be subject to the review and approval of the Superintendent and subject to the
requirements of all applicable codes, ordinances, and laws. Where preliminary treatment
or flow-equalizing facilities are provided for any waters or wastes, they shall be
maintained continuously in satisfactory and effective operation by the owner at the
owner’s expense.
97.07 CONTROL MANHOLES. When required by the Superintendent, the owner of
any property serviced by a building sewer carrying industrial wastes shall install a
suitable control manhole together with such necessary meters and other appurtenances in
the building sewer to facilitate observation, sampling, and measurement of the wastes.
Such manhole, when required, shall be accessibly and safely located, and shall be
constructed in accordance with plans approved by the Superintendent. The manhole shall
be installed by the owner at the owner’s expense, and shall be maintained by the owner
so as to be safe and accessible at all times.
97.08 TESTING OF WASTES. All measurements, tests, and analyses of the
characteristics of waters and wastes to which reference is made in this chapter shall be
determined in accordance with the latest edition of Standard Methods for the
Examination of Water and Wastewater, published by the American Public Health
Association, and shall be determined at the control manhole provided, or upon suitable
samples taken at said control manhole. In the event that no special manhole has been
required, the control manhole shall be considered to be the nearest downstream manhole
in the public sewer to the point at which the building sewer is connected. Sampling shall
be carried out by customarily accepted methods to reflect the effect of constituents upon
the sewage works and to determine the existence of hazards to life, limb, and property.
(The particular analyses involved will determine whether a twenty-four (24) hour
composite of all outfalls of a premise is appropriate or whether a grab sample or samples
should be taken. Normally, but not always, 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).
CHAPTER 98
ON-SITE WASTEWATER SYSTEMS
98.01
98.02
98.03
98.04
98.05
When Prohibited
When Required
Compliance with Regulations
Permit Required
Discharge Restrictions
98.06
98.07
98.08
98.09
Maintenance of System
Systems Abandoned
Disposal of Septage
Minimum Lot Area
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 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.
98.09 MINIMUM LOT AREA. No permit shall be issued for any on-site wastewater
treatment and disposal system employing sub-surface soil absorption facilities where the
area of the lot is less than 20,000 square feet.
CHAPTER 99
SEWER SERVICE CHARGES
99.01
99.02
99.03
99.04
Sewer Service Charges Required
Rate
Special Rates
Private Water Systems
99.05 Payment of Bills
99.06 Lien for Nonpayment
99.07 Special Agreements Permitted
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.
First 1,300 gallons or lesser amount per month @ $10.21 (minimum bill);
2.
All over 1,300 gallons per month @ $11.04 per 1,000 gallons.
(Ordinance No. 04-204)
(Ordinance No. 07-212)
(Ordinance No. 08-203)
(Ordinance No. 09-216)
(Ordinance No. 10-203)
99.03 SPECIAL RATES. Where, in the judgment of the City Administrator 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 City Administrator 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.
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 constitute a lien
upon the premises served and shall be certified by the City Administrator 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.
CHAPTER 100
REGULATION OF INDUSTRIAL WASTEWATER,
COMMERCIAL WASTEWATER AND HAULED WASTE
Division 1. General Provisions Regarding Industrial Waste
Sec. 100.01. Definitions.
Sec. 100.02. Abbreviations.
Sec. 100.03. General adoption.
Sec. 100.04. Intent and construction.
Sec. 100.05. Purpose and policy.
Sec. 100.06. Jurisdiction.
Sec. 100.07. Severability.
Sec. 100.08. Interpretation.
Secs. 100.09—100.35. Reserved.
Division 2. Wastewater Treatment and Pretreatment
Sec. 100.36. User requirements.
Sec. 100.37. Discharge prohibitions.
Sec. 100.38. Local limits for specific pollutants.
Sec. 100.39. National Categorical Pretreatment Standards.
Sec. 100.40. State requirements.
Sec. 100.41. City's right of revision.
Sec. 100.42. Pretreatment.
Sec. 100.43. Dilution prohibited.
Sec. 100.44. Spill containment.
Sec. 100.45. Treatment upsets.
Sec. 100.46. Treatment bypass.
Sec. 100.47. Fees.
Secs. 100.48—100.75. Reserved.
Division 3. Industrial Wastewater Discharge Permits and Reporting Requirements
Sec. 100.76. Classes of permits.
Sec. 100.77. Permit requirements.
Sec. 100.78. Permit applications; baseline monitoring reports.
Sec. 100.79. Report on compliance by categorical industries.
Sec. 100.80. Permit contents.
Sec. 100.81. Permit duration and renewal.
Sec. 100.82. Continuation of expired permits.
Sec. 100.83. Permit modifications.
Sec. 100.84. Permit transfer.
Sec. 100.85. Denial of permit.
Sec. 100.86. Permit violations.
Sec. 100.87. Periodic compliance reports.
Sec. 100.88. Certification and signatory requirements.
Sec. 100.89. Monitoring facilities.
Sec. 100.90. Inspection, sampling and recordkeeping authority.
Sec. 100.91. Confidential information.
Sec. 100.92. Appeal of denial of confidential status.
Secs. 100.93—100.120. Reserved.
Division 4. Enforcement of Industrial Wastewater Regulations
Sec. 100.121. Public notification of significant noncompliance.
Sec. 100.122. Significant noncompliance.
Sec. 100.123. Administrative actions.
Sec. 100.124. Actions authorized.
Sec. 100.125. Civil penalties.
Sec. 100.126. Performance bonds.
Sec. 100.127. Revocation of discharge permit; termination of sewer services.
Sec. 100.128. Reserved.
Sec. 100.129. Reinstatement of service.
Sec. 100.130. Emergency disconnection of service.
Sec. 100.131. Elimination of discharge; reinstatement of permit.
Sec. 100.132. Additional remedies.
Sec. 100.133. Notices to the WRA, the WRA board, the WRA director or the WRA
steering committee.
Secs. 100.134—100.160. Reserved.
Division 5. Regulation of Fat, Oil and Grease Discharge
by Food Service Establishments
Sec. 100.161. Purpose.
Sec. 100.162. Definitions.
Sec. 100.163. Effective date of FOG regulations.
Sec. 100.164. Grease interceptor installation required after effective date.
Sec. 100.165. Exemption from grease interceptor installation requirement.
Sec. 100.166. Compliance procedures.
Sec. 100.167. Installation of grease interceptors and grease traps.
Sec. 100.168. Operation, maintenance and cleaning of grease interceptors.
Sec. 100.169. Records and record keeping.
Sec. 100.170. Inspection of grease interceptors and related sewer and equipment.
Sec. 100.171. Inspection fees.
Sec. 100.172. Enforcement.
Sec. 100.173. Notice of violation--administrative penalties--corrective action order.
Sec. 100.174. Penalties.
Sec. 100.175. Order to cease operation of FSE.
Sec. 100.176. Appeal of corrective action order or cease and desist order.
Sec. 100.177. Additional remedies.
Secs. 100.178—100.185. Reserved.
Division 6. Regulation of Hauled Waste
Sec. 100.186. Definitions.
Sec. 100.187. License.
Sec. 100.188. Issuance of license.
Sec. 100.189. Standards for vehicles and equipment.
Sec. 100.190. Disposal.
Sec. 100.191. Identification of source.
Sec. 100.192. Mixing wastes.
Sec. 100.193. Standards of disposal at WRF.
Sec. 100.194. Rejection of waste loads.
Sec. 100.195. Treatment fees for hauled wastes.
Sec. 100.196. Enforcement.
Sec. 100.197. Notice of violation--administrative penalties--corrective action order.
Sec. 100.198. Penalties.
Sec. 100.199. Denial, suspension and revocation of license.
Sec. 100.200. Alternative relief.
REGULATION OF INDUSTRIAL WASTEWATER, COMMERCIAL
WASTEWATER AND HAULED WASTE
DIVISION 1. GENERAL PROVISIONS REGARDING INDUSTRIAL WASTE
Sec. 100.01. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Act or Clean Water Act means the 1972 Federal Water Pollution Control Act, the 1977
Clean Water Act, and the 1987 Water Quality Act, as amended.
Approval authority means the Iowa Department of Natural Resources.
Authorized representative means:
(1)
An executive officer of a corporation.
(2)
A general partner of a partnership.
(3)
The proprietor of a proprietorship.
(4)
The conservator, trustee, attorney in fact, receiver or other person or agent
authorized in law and in fact to act on behalf of users, which are not corporations,
partnerships, or proprietorships or on behalf of other entities which must legally act
through an agent.
(5)
Any other authorized representative of a person or entity identified in
subsections (1), (2), (3), or (4) of this definition, if the authorization specifies either an
individual or a position having responsibility for the overall operation of the facility
from which the discharge originates, such as the position of plant manager or a
position of equivalent responsibility, or having overall responsibility for
environmental matters for the company and the written authorization is submitted to
the director.
(6)
Any other person authorized by law to act on behalf of any entity.
Baseline monitoring report means the report required by 40 CFR 403.12(b)(1-7).
Biochemical oxygen demand (BOD) means the analysis of BOD as described in
Environmental Protection Agency methods.
Building drain means that part of the lowest horizontal piping of a drainage system
which receives the discharge from waste and other drainage pipes inside the wall of
the building and conveys it to the building sewer, beginning three feet outside the
building wall.
Building sewer or lateral sewer means the sewer extending from the building drain to
the connection with the POTW.
Bypass means the intentional diversion of waste streams from any portion of an
industrial user's pretreatment facility.
Carbonaceous Biochemical Oxygen Demand (CBOD) means the analysis of BOD as
described in Environmental Protection Agency methods while inhibiting the
nitrogenous oxygen demand.
Categorical user means a user subject to National Categorical Pretreatment Standards.
Chemical oxygen demand (COD) means the measurement of the susceptibility of a
sample to oxidation by a strong chemical oxidant expressed in mg/l and using
Environmental Protection Agency methods.
City means the political subdivision known as the City of Bondurant, Iowa, and also
means the territory within the corporate boundaries of the City of Bondurant.
City sanitary sewer system or sanitary sewer system means the local outfall sewers, trunk
sewers, pumping stations, force mains, and wastewater equalization basins, and all other
structures, devices and appliances appurtenant thereto, which are used for collecting,
conveying or storing wastewater and which serve and are owned, operated and
maintained by the city or by a sanitary district serving the city.
Combined waste stream formula means the formula as found in 40 CFR 403.6(e).
Composite sample means a representative sample using a minimum of three grab sample
aliquots obtained over a period of time and mixed, using either a flow proportional or
time proportional method.
Conventional pollutant means BOD, COD, O&G, suspended solids, pH, ammonia
nitrogen, total Kjeldahl nitrogen and fecal coliform bacteria.
County means the political subdivision known as Polk County, and also means the
territory within the boundaries of Polk County.
County sanitary sewer system or sanitary sewer system means the local outfall sewers,
trunk sewers, pumping stations, force mains, and wastewater equalization basins, and all
other structures, devices and appliances appurtenant thereto, which are used for
collecting, conveying or storing wastewater and which serve and are owned, operated
and maintained by the county or by a sanitary district serving the county.
Discharge or indirect discharge means the introduction of treated or untreated
wastewater into the POTW.
Dissolved solids means the concentration of residue left in an evaporating dish after
evaporation and drying at defined temperatures using Environmental Protection Agency
methods or standard methods.
Domestic wastewater means all household-type waste discharged from places of human
habitation, including toilet, bath, kitchen and laundry wastewater. Domestic wastewater
is further defined as waste which does not exceed daily maximum limits of 300 mg/l
COD, 200 mg/l BOD, 250 mg/l suspended solids, 100 mg/l oil & grease, 30 mg/l TKN,
and 15 mg/l NH3-N at a discharge rate of 100 gallons per capita per day. This loading is
equal to 0.25 pound of COD, 0.17 pound of BOD, 0.20 pound of suspended solids, 0.083
pound of oil & grease, 0.025 pound of TKN and 0.013 pound of NH3-N per capita per
day.
Domestic user means a person discharging only domestic wastewater to the POTW,
which wastewater is discharged from any building or parts of a building designed for
or occupied by one or more persons as a single housekeeping unit, including such
units within multifamily dwellings and apartment buildings, which building or
premises is a source of wastewater discharge into a POTW.
Environmental Protection Agency or EPA means the U.S. Environmental Protection
Agency
Environmental Protection Agency methods means standard procedures for wastewater
analysis approved by the U.S. Environmental Protection Agency and prescribed in 40
CFR 136, and includes alternate methods approved by the approval authority.
E. Coli or Escherichia coli means bacteria that are a member of the fecal coliform
group and whose presence indicates fecal contamination in water.
Fecal coliform means bacteria common to the intestinal tracts of humans and animals
whose presence in water is an indication of pollution.
Fat, oil, and grease or oil and grease or FOG means those substances, which are
detectable and measurable using analytical test procedures established in 40 CFR 136,
as may be amended from time to time. All are sometimes referred to herein as
“grease” or “greases”.
Garbage means solid waste from the domestic and commercial preparation, cooking
and dispensing of food, and from the commercial handling, storage and sale of
produce.
Grab sample means a single aliquot sample collected either directly or by means of a
mechanical device.
Headworks means the main wet well at the WRF prior to any treatment process.
Industrial user means a person whose property, building or premises is a source of
wastewater discharge into the POTW, other than a domestic user.
Industrial waste means the liquid waste from industrial users as distinct from domestic
sewage.
Interference means a discharge which, alone or in conjunction with a discharge or
discharges from other sources, which both:
(1)
Inhibits or disrupts the POTW, its treatment processes or operations, or its
sludge processes, use or disposal, and
(2)
Causes a violation of any requirement of the WRA's National Pollutant Discharge
Elimination System permit (including an increase in the magnitude
or duration of a
violation) or prevents sewage sludge use or disposal in compliance with any federal, state
or local regulations or permits.
Limit means the maximum allowable discharge of a given pollutant as in the following
definitions:
(1) Daily maximum limit or daily instantaneous maximum limit means the maximum
allowable discharge of pollutant as measured at any time during a calendar day,
expressed as either a concentration limit or a daily mass limit. It is a violation if the
concentration limit on any single sample taken exceeds the discharge limits in the
discharge permit for the user, or the discharge limits set forth in section 100.38.
(2) Monthly average limit means the maximum allowable value for the average of all
measurements of a pollutant obtained during one calendar month.
National Categorical Pretreatment Standards (NCPS) or categorical standards means
any limitations on pollutant discharges to POTW promulgated by the U.S. Environmental
Protection Agency that apply to specified process wastewater of particular industrial
categories.
National Pollutant Discharge Elimination System (NPDES) permit means a permit issued
pursuant to the Act.
New source means a source as defined by 40 CFR 403.3(k).
Nonconventional pollutants means all pollutants which are not included in the definition
of conventional pollutants.
NH3-N means the ammonia nitrogen concentration in mg/l as determined using
Environmental Protection Agency methods.
Pass through means a discharge which exits the POTW into water of the state in
quantities or concentrations which, alone or in conjunction with a discharge from other
sources, is a cause of a violation of any requirement of the WRA's National Pollutant
Discharge Elimination System permit, including an increase in the magnitude or duration
of a violation, or other permit issued to the WRA by the Iowa Department of Natural
Resources or the U.S. Environmental Protection Agency.
Person means any individual, partnership, co-partnership, firm, company, association,
joint stock company, society, corporation trust, estate, municipality, governmental entity,
group, or any other legal entity, or their legal representatives, agents, or assigns.
pH means the logarithm of the reciprocal of the weight of hydrogen ions in grams per
liter of solution.
Pollution means the alteration of chemical, physical, biological, or radiological
integrity of water as a result of human activity or enterprise.
POTW treatment plant means that portion of the publicly owned treatment works,
which is designed to provide treatment, including recycling and reclamation, of
municipal sewage and industrial waste.
Pretreatment means the reduction, elimination, or alteration of the nature of pollutant
properties in wastewater prior to or in lieu of discharging or otherwise introducing
such pollutants into the POTW.
Pretreatment facility means the equipment used to accomplish pretreatment.
Pretreatment requirements means any substantive or procedural requirement related to
pretreatment standards, imposed on an industrial user.
Pretreatment standards means, for any specified pollutant, the prohibitive discharge
standards as set forth in section 100.37 of this article, the specific limitations on
discharge as set forth in section 100.38 of this article, the state pretreatment standards
or the National Categorical Pretreatment Standards, whichever standard is most
stringent.
Properly shredded garbage means the waste from the preparation, cooking and
dispensing of food that has been shredded to such a degree that all particles are carried
freely under the flow conditions normally prevailing in the POTW, with no particle
greater than one-half inch in any dimension.
Publicly owned treatment works or POTW means and includes "POTW" treatment
works as defined by section 212 of the Act, and which is owned by the Des Moines
Metropolitan Wastewater Reclamation Authority or any of Participating Communities
that make up the WRA. This definition includes any devices and systems used in the
storage, treatment, recycling and reclamation of municipal sewage or industrial wastes
of a liquid nature. It also includes sewers, pipes and other conveyances if they convey
wastewater to a POTW Treatment Plant.
Sampling chamber or sampling maintenance hole means a device or structure suitable
and appropriate to permit sampling and flow measurement of a wastewater stream to
determine compliance with this article.
Sanitary district means the Bondurant Sanitary district incorporated pursuant to I.C.
chapter 358 and serving the City of Bondurant.
Severe property damage means substantial physical damage to property, damage to a
pretreatment facility causing it to become inoperable, or substantial and permanent loss
of natural resources, which can reasonably be expected to occur in the absence of a
bypass. Severe property damage does not mean economic loss caused by delays in
production.
Sewage means and includes wastewater as herein defined.
Sewage system means sewers, intercepting sewers, pipes or conduits, pumping stations,
force mains, and all other constructions, devices and appliances appurtenant thereto used
for collecting or conducting sewage to a point of treatment or ultimate disposal.
Significant user means:
(1)
All categorical users.
(2)
All industrial users that:
a.
Discharge 25,000 gallons per day or more of process wastewater (excludes
sanitary, non-contact cooling, and boiler blow-down wastewater);
b.
Contribute a process waste stream, which makes up five percent or more of the
average dry weather hydraulic or organic capacity of the WRF; or
c.
Contribute a discharge that has a reasonable potential, in the opinion of the
director, to adversely affect the POTW treatment plant by causing interference or pass
through.
Sludge means the solids separated from the liquids during the wastewater treatment
process.
Slug or slug load means any discharge of water or wastewater, which in concentration of
any pollutant measured, using a grab or composite sample, is more than five times the
allowable concentration as set forth in sections 100.37 and 100.38 of this article or in a
user's most recent wastewater discharge permit or which exceeds a slug concentration
level specified in a wastewater discharge permit. A discharge with pH outside the
allowable range by more than one standard unit (S.U.) or a flow rate in excess of two
times the maximum flow limit established in a wastewater discharge permit shall also be
considered a slug.
Standard industrial classification (SIC) means a classification pursuant to the Standard
Industrial Classification Manual issued by the Executive Office of the President, Office
of Management and Budget, most recent edition.
Standard Methods means the laboratory procedures set forth in the latest USEPA
approved edition of Standard Methods for the Examination of Wastewater prepared
and published jointly by the American Public Health Association, the American Water
Works Association, and the Water Environment Federation.
Storm sewer means a sewer which carries stormwater, surface water and drainage but
excludes sewage and industrial waste other than unpolluted cooling water.
T, when used as a portion of a chemical name, shall designate "total" such as in
"cyanide-T" where "T" means "total" cyanide.
TKN means the Total Kjeldahl Nitrogen concentration expressed in mg/l as
determined using Environmental Protection Agency Methods or Standard Methods.
Total metal means the sum total of the suspended and dissolved concentrations of a
metal specified in a wastewater discharge permit or as specified in section 100.38
hereof.
Total suspended solids (TSS) means the portion of total solids retained by a filter using
Environmental Protection Agency Methods or Standard Methods.
Total Toxic Organics (TTO) means the summation of all quantified values greater than
0.01 milligram per liter for the toxic organics as specified in the applicable regulation.
Toxic Pollutant means any pollutant or combination of pollutants listed in 40 CFR
403, appendix B.
Unpolluted Water means water containing none of the following: free or emulsified oil
and grease; substances that may impart taste, odor or color characteristics; volatile,
explosive, toxic or poisonous substances in suspension or solution; explosive, odorous
or otherwise obnoxious gases. Such water shall not contain more than 25 mg/l of
suspended solids, and not more than 25 mg/l of BOD.
Upset means an exceptional incident in which there is unintentional and temporary
noncompliance with pretreatment standards because of factors beyond the reasonable
control of the user. An upset does not include noncompliance to the extent caused by
operational error, improperly designed pretreatment facilities, inadequate pretreatment
facilities, lack of preventive maintenance, or careless or improper operation.
User means a person discharging anything other than domestic wastewater into the
POTW, and includes categorical users as herein defined.
Waste hauler means a private contractor licensed by the WRA to deliver wastewater to
the WRF or other locations approved by the WRA director, and includes all persons
required to have a license under section 100.187 of this chapter.
Wastewater means and includes sewage as defined in federal law and regulation, or a
combination of the liquid and water-carried waste from residences, commercial
buildings, institutions and industrial establishments, together with such groundwater,
surface water, and stormwater as may be present, whether treated or untreated, which is
contributed into or permitted to enter the OTW.
Wastewater discharge permit means the document issued to a user by the WRA in
accordance with the terms of this article, which permits such user to discharge
wastewater to the POTW.
Water of the state means all streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other
bodies or accumulations of water, surface or underground, natural or artificial, public or
private, which are contained within, flow through or border upon the state or any portion
thereof.
WRA or Wastewater Reclamation Authority means the Des Moines Metropolitan
Wastewater Reclamation Authority, an entity organized and existing under Chapters 28E
and 28F of the Iowa Code, and established pursuant to the WRA Agreement. The term
"WRA" means and includes the representatives of the Participating Communities on the
WRA Board, and the officers and employees of the WRA.
WRA agreement means the Amended and Restated Agreement for the Des Moines
Metropolitan Wastewater Reclamation Authority, approved and executed by the WRA
and its Participating Communities and effective as of July 1, 2004.
WRA director or director means the person appointed by the WRA board, or by the
WRA operating contractor upon consultation with the board, as provided in Section 2.63
of the WRA operating contract, who is charged with the administration and management
of the WRA system and of the provision of all services outlined in operating contract.
Unless otherwise indicated in the text, the director shall mean and include the person
acting as the director's authorized designee in the director's absence in carrying out the
director's duties under this Article.
WRA operating contractor or operating contractor means the City of Des Moines,
pursuant to the Initial Operating Contractor executed by the City of Des Moines and the
WRA Board on and as of July 1, 2004, or such successor operating contractor as the
WRA shall contract with to provide operation and management services to the WRA.
WRA participating community or WRA participating communities means, individually or
collectively, depending on context, the cities of Altoona, Ankeny, Bondurant, Clive,
Cumming, Des Moines, Johnston, Norwalk, Pleasant Hill and West Des Moines, and
Polk County, Warren County, the Urbandale Sanitary Sewer District, the UrbandaleWindsor Heights Sanitary District and the Greenfield Plaza/Hills of Coventry Sanitary
District, together with any other cities, counties, or sanitary districts that become
participating communities under the provisions of the WRA agreement.
WRA wastewater collection and conveyance system or WCCS means the WRA
sanitary sewer interceptors and extensions to same, detention basins, equalization
basins, storage facilities, pumping stations, force mains and all related property and
improvements.
WRA Wastewater Reclamation Facility or WRF means the wastewater treatment plant
located generally at 3000 Vandalia Road, Des Moines, Iowa, as the same may be
expanded or improved in the future, and any other wastewater treatment plants
hereafter acquired or constructed and operated by the WRA.
WRA system means and includes the WRF, the WCCS, satellite wastewater and CSO
treatment facilities hereafter constructed, all real and personal property of every nature
hereinafter owned by the WRA and comprising part of or used as a part of the WRA
system, and all appurtenances, contracts, leases, franchises and other intangibles of the
WRA.
Sec. 100.02. Abbreviations.
The following abbreviations, when used in this article, shall have the designated
meanings:
BETX
Benzene, ethylbenzene, toluene, and
xylenes(total)
BOD
Biochemical oxygen demand
BMR
Baseline monitoring report
C
Celsius
CFR
Code of Federal Regulations
COD
Chemical oxygen demand
EPA
Environmental Protection Agency
F
Fahrenheit
GPD
Gallons per day
IDNR
Iowa Department of Natural Resources
lb/day
Pounds per day
mgd
Million gallons per day
mg/l
Milligrams per liter
NCPS
National Categorical Pretreatment Standards
or Categorical Standards
NH3-N
Ammonia nitrogen
NPDES
National Pollution Discharge Elimination
System
O&G
Oil and grease
POTW
Publicly owned treatment works
SCP
Spill control plan
SIC
Standard industrial classification
SNC
Significant noncompliance
RCRA
Resource Conservation and Recovery Act
TCLP
Toxicity characteristic leaching procedure
TFE
Trichlorotrifluoroethane
TKN
Total Kjeldahl nitrogen
TOH
Total organic hydrocarbons
TPH
Total purgeable hydrocarbons
TRC
Technical review criteria
TSS
Total suspended solids
TTO
Total toxic organics
USC
United States Code
U.S. EPA
United States Environmental Protection
Agency
Sec. 100.03. General adoption.
The provisions of this article are enacted to aid in the enforcement of the pretreatment
regulations set forth in this article and may be placed in a separate portion of the code
of any WRA participating community which adopts these provisions. Each WRA
participating community by enacting this article designates the WRA and its operating
contractor as the enforcement agency under this article. Employees, agents and
officers of the WRA and of its operating contractor, while acting to enforce this article
for the WRA, are empowered to make such inspections, issue such orders or permits
and take such actions within the boundaries of the City as are authorized by this
article. The WRA or its operating contractor is also authorized to impose and collect
all fees or penalties authorized by this article, and are authorized to directly bill and
collect from contributor’s penalties, fees, charges and surcharges from all users within
the City. A user's failure to pay any fee, charge, penalty or surcharge is a municipal
infraction and shall also be grounds to discontinue sewer service to the user, all as
hereafter more particularly provided. The enforcement of this article in the City is not
dependent upon passage of this article or a similar ordinance by other WRA
participating communities.
Sec. 100.04. Intent and construction.
This article seeks to implement provisions of the Act, the general pretreatment
regulations found at 40 CFR, Part 403, and the Iowa Administrative Code, chapter
567, sections 62.4 and 62.8. This article is to be construed and applied in accordance
with the Clean Water Act amendments, the general pretreatment regulations, the Iowa
Administrative Code and the purpose and policy provision set forth in section 100.05
of this division.
Sec. 100.05. Purpose and policy.
(a)
This article regulates the use of sanitary sewers; private wastewater disposal; the
installation and connection of building sewers; and the discharge of wastewater or waste
into the POTW. This article sets forth uniform requirements for discharges into the
POTW, and the deposit of wastewater and waste hauled to the WRF or to other locations
approved by the WRA director for disposal and treatment.
(b)
The objectives of this article are to:
(1)
To prevent the introduction of pollutants into the POTW that may interfere
with the operation of the system or interfere with sludge management and disposal.
(2)
Prevent the introduction of pollutants into the POTW that may pass through
the system inadequately treated and ultimately into receiving water, the atmosphere, or
otherwise be incompatible with the system.
(3)
Protect workers' safety and health and protect against damage to the POTW.
(4)
Provide for equitable distribution of treatment and industrial pretreatment costs
resulting from pollutants introduced into the POTW.
Sec. 100.06. Jurisdiction.
The sections of this article are applicable in their entirety to all users who contribute
wastewater, directly or indirectly, into the POTW without regard to whether the physical
facilities of such users are situated within or outside the limits of the city.
Sec. 100.07. Severability.
If any provision of this article or the application thereof to any particular person or
particular circumstance is held invalid, the invalidity shall not affect other provisions or
application of this article, which can be given effect without the invalid provision or
application. To this end the provisions of this article are severable.
Sec. 100.08. Interpretation.
This article shall be construed and interpreted to conform with 40 CFR I, and it is the
intent of this article that it complies with the federal regulations.
Secs. 100.09—100.35. Reserved.
DIVISION 2. WASTEWATER TREATMENT AND PRETREATMENT
Sec. 100.36. User requirements.
(a)
The following requirements shall apply to all users of the POTW:
(1)
All users shall promptly notify the WRA director in advance of any substantial
change in the volume or character of pollutants in their discharge.
(2)
New or increased contributions of pollutants or changes in the nature of
pollutant discharged to the POTW shall require prior approval by the WRA director.
(3)
Industrial users shall notify the WRA director, the Environmental Protection
Agency Regional Waste Management Division Director, and state hazardous waste
authorities in writing of any discharge into the POTW of a substance, which if
otherwise disposed of, would be a hazardous waste under 40 CFR 261. The
notification shall comply with the requirements set forth in 40 CFR 403.12(p).
(4)
Discharge of any pollutants without the notice and approval required by this
section is prohibited. Upon the receipt of notice required by this section, the WRA
director shall within 180 days or less approve the discharge if he or she finds the
proposed discharge meets applicable pretreatment standards and requirements and
would not cause the WRA to violate its National Pollutant Discharge Elimination
System permit. The WRA director shall deny permission for the discharge if he or she
finds applicable pretreatment standards and requirements are not met or the discharge
would cause a violation of the National Pollutant Discharge Elimination System
permit for the WRF. In lieu of denial of permission for discharge, the WRA director
may allow such discharge or contribution upon conditions, which would not violate
applicable pretreatment standards or requirements and would not cause a violation of
the National Pollutant Discharge Elimination System permit for the WRF.
(5)
Food Service Establishments shall be regulated first under Division 5 of this
ordinance but may be required to obtain a wastewater discharge permit and be subject
to the requirements of Divisions 1-4 if the WRA Director determines that additional
pretreatment is required in order to comply with Fat, Oil, & Grease discharge limits.
(b)
Any part of this section notwithstanding, upon receipt of the notice required by
this section, the WRA director may require, in addition to the requirements of
this section, that an industrial user obtain a permit under this article.
(c)
Users who are determined to be industrial users as herein defined and who
refuse to apply for or obtain a wastewater discharge permit shall be subject to
termination of sewer services as provided in section 100.127 hereof.
Sec. 100.37. Discharge prohibitions.
The following general prohibitions shall apply to all users of the POTW unless the user is
subject to a more restrictive National Categorical Pretreatment Standards, the Iowa
Department of Natural Resources, or wastewater discharge permit limit. The following
substances are prohibited from discharge to the POTW:
(1)
Pollutants creating a fire or explosion hazard in the POTW, including but not
limited to waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit
(60 degrees Celsius) using test methods referenced in 40 CFR 261.21. Waste streams
shall not be ignitable at ambient temperatures. At no time shall two successive readings
on a meter capable of reading L.E.L. (lower explosive limit) at the nearest accessible
point to the POTW, at the point of discharge into the POTW or at any point in the
POTW, be more than five percent nor any single reading greater than ten percent.
(2)
Any substance, which will cause corrosive structural damage to the POTW, but in
no case discharges with pH lower than 5.0 or greater than 12.0.
(3)
Solid or viscous pollutants which will cause obstruction to the flow in the POTW
resulting in interference. Such pollutants include but are not limited to grease, garbage
with particles greater than one-half inch any dimension, animal tissues, paunch manure,
bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent
lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent
grains, spent hops, wastepaper, wood, plastics, tar, asphalt residues from refining or
processing of fuel or lubricating oil, mud or glass grinding or polishing waste, or
tumbling and de-burring stones, and wastewater containing fat, wax, O&G, or other
substances, which may solidify or become viscous at temperatures between 32 and 150
degrees Fahrenheit (0 and 65 degrees Celsius).
(4)
Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a
discharge at a flow rate or pollutant concentration, which will cause interference or pass
through at the WRF or which constitutes a slug load as defined in this article.
(5)
Heat in amounts which will inhibit biological activity in the POTW resulting in
interference, but in no case wastewater or vapor having a temperature higher than 150
degrees Fahrenheit (65 degrees Celsius) at the point of introduction into the POTW, and
in no case wastewater or vapor, which alone or in concert with other discharges produces
a temperature at the WRF greater than 104 degrees Fahrenheit (40 degrees Celsius).
(6)
Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in
amounts that will cause interference or pass through.
(7)
Pollutants which result in the presence of toxic gases, vapors, or fumes within
the POTW in a quantity that may cause acute worker health and safety problems or a
public nuisance.
(8)
Any trucked or hauled pollutants, except at discharge points designated by the
WRA.
(9)
Radioactive wastes unless they comply with Atomic Energy Commission Act
of 1954 (68 Stat. 919 as amended and part 20, subpart D, Waste Disposal, section
20.303 of the regulations issued by the Atomic Energy Commission, or amendments
thereto).
(10) Any wastewater containing concentrations of inert suspended solids, such as
but not limited to fuller's earth, lime slurries, and lime residues, or of dissolved solids,
such as but not limited to, sodium chloride and sodium sulfate, which exceed 3,000
mg/l nonvolatile or 3,000 mg/l total dissolved solids unless approved by the WRA
director.
(11) Pollutants causing excessive discoloration, such as but not limited to dye waste
and vegetable tanning solutions.
Sec. 100.38. Local limits for specific pollutants.
(a)
Generally. Local limits for specific pollutants discharged pursuant to this
article shall be as follows:
(1)
Dilution. Dilution of the discharge from a pretreatment facility or from a
regulated process is prohibited as a method for treatment of wastes in order to meet the
limits set forth in this article.
(2)
Sample location. Measurement of pollutant concentrations to determine
compliance shall be made at the point immediately following the pretreatment facility
and before mixture with other waters, unless another point is designated by the WRA
director. If necessary, the concentrations so measured shall be recomputed to exclude
the effect of any dilution that is improper using the combined waste stream formula.
(b)
Headworks limits; average mass. The average composite loading of all
industrial users contributing the following specific pollutants to the POTW shall not
exceed the allowable total pounds. The allocation of pollutants between industrial and
nonindustrial sources may be adjusted by the director provided that the allowable total
loading for any pollutant at the headworks of the WRF is not exceeded.
30-Day Average Allowable
Pounds/Day
Pollutant
Total
Industrial
BOD
195,600
135,153
TSS
300,400
208,463
NH3
13,000
6,959
TKN
27,760
16,950
Maximum Allowable
Headworks Loading
Pounds/Day
Maximum Allowable
Industrial Loading
Pounds/Day
Pollutant
Total
Industrial
Arsenic-T
4.24
3.87
Cadmium-T
2.71
2.54
Chromium-T
170.12
159.92
Copper-T
83.03
60.85
Cyanide-T
20.80
18.77
Lead-T
15.74
13.59
Mercury-T
0.63
0.59
Nickel-T
48.47
45.80
Silver-T
32.51
30.38
Zinc-T
201.54
158.34
(c)
Discharge concentration limits and review criteria. Discharge concentration
limits and review criteria shall be as follows:
(1)
The discharge into the POTW of any materials, water or waste having a
pollutant concentration greater than the limits in subsections (c)(3), (4), and (5) of this
section or containing pollutants not listed in this subsection shall be subject to the
review and approval of the WRA director. After review of the proposed discharges,
the WRA director may:
(a)
Reject the waste for reasons consistent with section 100.05 of this article.
(b)
Require pretreatment to an acceptable pollutant concentration for discharge to
the POTW.
(c)
Require control of the quantities and rates of discharge of the water or waste.
(d)
Require payment to cover the added cost of handling and treatment of water
and waste or any combination thereof.
(e)
Reduce the maximum or average mass loading of present and prospective
individual users on any reasonable prorated basis to meet headworks loading limits at
the WRF.
(f)
Require the user to obtain a wastewater discharge permit and be subject to any
of the rules and regulations contained therein.
(g)
Require the user to meet local limits when local limits are more restrictive than
National Categorical Pretreatment Standards, provided that headworks loading limits
are met.
(h)
Initiate enforcement action in response to any noncompliance with this article
using the enforcement procedures outlined in this article.
(i)
Take any combination of the steps in subsections (c)(1)a through (c)(1)g, as
appropriate.
(2)
Users discharging wastewater to the whose pollutant concentrations or flows
are greater than the following shall be considered industrial users for purposes of
sewer charges and may be regulated or permitted by the WRA director as appropriate:
Pollutant
Daily
Maximum
(mg/l)
a.
BOD
200
b.
TSS
250
c.
COD
300
d.
O&G-T
100
e.
TKN
30
f.
NH3-N
15
g.
An average daily flow greater than 5,000 gallons or having an
unusual concentration of flow constituting a slug load, as
defined in this article.
(3)
Pollutant limits. Average and maximum concentration limits for users without
National Categorical Pretreatment Standards for these pollutants shall be as follows:
Pollutant
Daily
Maximum
(mg/l)
Monthly
Average
(mg/l)
Arsenic-T
0.39
0.26
Cadmium-T
0.15
0.10
Chromium-T
13.33
8.89
Copper-T
3.44
2.29
Cyanide-T
1.25
0.83
Lead-T
0.61
0.41
Mercury-T
0.03
0.02
Nickel-T
4.20
2.80
O&G-T
400.0
--
O&G-Mineral
100.0
--
Silver-T
3.04
2.03
TPH
10.0
--
Zinc-T
5.99
3.99
pH range shall be not lower than 5.0 or greater than 12.0.
Temperature (liquids or vapors) shall be not greater than 150 degrees Fahrenheit at the
point of entry into the POTW.
(4)
Daily maximum pollutant limits for waste haulers. Wastes delivered to the
WRF by truck or rail shall not exceed the following maximum concentrations in any
load:
Pollutant
mg/l
COD
100,000
O&G-T
50,000
Arsenic-T
0.04
Cadmium-T
2.70
Chromium-T
72.0
Copper-T
69.0
Cyanide-T
0.75
Lead-T
19.5
Mercury-T
0.35
Nickel-T
10.8
Zinc-T
255.0
TPH
10.0
pH range shall be not lower than 5.0 or greater than 12.0.
(5) Daily maximum limit for gasoline cleanup projects. Discharge of wastewater from
sites where gasoline is being removed from the soil or groundwater shall meet the
following limits prior to discharge to the POTW:
Pollutant
mg/l
Benzene
0.050
BETX
0.750
(d) No subsection of this section shall be construed to provide lesser discharge
standards, than are or that may be imposed and required by U.S. Environmental
Protection Agency or the Iowa department of natural resources, nor to allow the average
allowable total loading for any pollutant at the headworks of the WRF to be exceeded.
Sec. 100.39. National Categorical Pretreatment Standards.
Users subject to National Categorical Pretreatment Standards (NCPS) as contained in
40 CFR I, subchapter N, part 405-471 shall comply with the standards and applicable
reporting requirements under 40 CFR 403.12. New sources of categorical discharge
shall meet National Categorical Pretreatment Standards in the shortest feasible time,
but in no case longer than 90 days from the commencement of discharge. Failure to
comply shall be a violation of this article and subject the user to enforcement action.
The WRA is required to notify all known affected categorical users of the applicable
reporting requirements under 40 CFR 403.12. Failure of the WRA to notify a user
shall not relieve the user of the duty, if any, to comply with National Categorical
Pretreatment Standards.
Sec. 100.40. State requirements.
State of Iowa requirements and limitations on discharges pursuant to this article shall
apply when they are more stringent than U.S. Environmental Protection Agency or
WRA requirements and limitations unless allowed by the Iowa department of natural
resources.
Sec. 100.41. City's right of revision.
The city acting at the direction of the WRA, reserves the right to establish more
stringent limitations or requirements on discharges to the POTW than those contained
in this article if deemed necessary to comply with the purpose and policy objectives
presented in section 100.05 of this article.
Sec. 100.42. Pretreatment.
(a)
A user discharging or with potential to discharge any waste into the POTW as
set forth in section 100.37, 100.38 or 100.39 of this division shall be required by the
WRA director to construct, install and operate, at the user's sole expense, such
pretreatment facilities as may be required in order to:
(1)
Reduce the objectionable characteristics or constituents of wastewater to
within the maximum limits provided for in sections 100.37, 100.38, 100.39 and 100.40
of this article.
(2)
Control the quantities and rates of discharge of such wastewater.
(3)
Reduce the pollutants to such concentration and flows as may be contained in
the user's wastewater discharge permit.
(4) Prevent the discharge of liquid waste containing FOG, sand in excessive amounts,
any flammable waste, or other harmful pollutants. All traps or similar devices shall be of
a type and capacity needed to perform effectively and shall be readily and easily
accessible for cleaning and inspection. All traps or devices shall be provided and
maintained in efficient operating condition at all times. Materials removed from traps
shall be considered unacceptable for disposal at the WRF unless specifically approved by
the WRA director.
(b) All plans, specifications, technical operating data and other information pertinent
to the proposed operation and maintenance of pretreatment facilities shall be reviewed
and approved by the WRA director prior to construction. Design and installation of such
facilities shall be subject to the requirements of all applicable codes, chapters and laws,
including local zoning regulations. The review and approval of such plans and operating
procedures shall, in no way, relieve the user from the responsibility of modifying the
facility as necessary to produce an effluent acceptable to the WRA director under this
article. Any subsequent changes in the pretreatment facilities or method of operations
shall be reported to and be acceptable to the WRA director prior to the user's initiations
of the changes.
(c)
Users shall continuously maintain all pretreatment facilities required by this article
in satisfactory and effective operating condition at the sole expense of such user.
(d) No section contained in this article shall be construed to prevent or prohibit a
separate or special agreement between the WRA and any user whereby wastewater
containing waste of unusual strength, character or composition may be accepted for
treatment, subject to additional payment by such user; provided, however, that such
agreement shall have the prior approval of the WRA Board, shall not conflict with the
Iowa department of natural resources and U.S. Environmental Protection Agency
requirements, and shall be consistent with subsection 100.38(b) and sections 100.39 and
100.40 of this article, and subsection (f) of this section.
(e)
The WRA director may reject any waste which, in the opinion of the director, may
cause interference or pass through.
(f)
Users shall obtain the specific approval of the WRA director prior to discharging
any waste resulting from a pretreatment facility to the POTW. The WRA director may
develop a documentation system to track the transportation and final disposition of any
pretreatment waste. Pretreatment waste regulated by this subsection shall include waste
generated as a result of pretreatment processes used to comply with National Pollutant
Discharge Elimination System permits, air pollution permits, wastewater discharge
permits, soil/groundwater reclamation processes, and pollutants resulting from a spill of
any liquid or solid material or the cleanup of any such spill. Pretreatment waste is
prohibited from disposal to the water of the state except as specifically permitted by the
Iowa department of natural resources.
Sec. 100.43. Dilution prohibited.
Users shall not increase the use of process water or, in any way, attempt to dilute a
discharge as a partial or complete substitute for adequate pretreatment to achieve
compliance with the limitations contained in the National Categorical Pretreatment
Standards, or with any other pollutant-specific limitation developed by the WRA or its
Operating Contractor.
Sec. 100.44. Spill containment.
(a)
Users having the ability to cause interference or pass through or to discharge a
slug shall provide protection from accidental discharge to the POTW of prohibited
materials or other substances regulated by this article. Facilities to prevent accidental
discharge of prohibited materials shall be constructed, installed, operated and
maintained at the user's sole cost and expense.
(b)
Users meeting the criteria in subsection (a) of this section shall develop a spill
containment plan. The plan shall require the approval of the WRA director and shall
contain the following:
(1)
A description of discharge practices, including non-routine batch discharges.
(2)
A description of stored chemicals.
(3)
Procedures for immediately notifying the WRA of slug discharges, including
any that would violate the discharge prohibitions in section 100.37 of this division.
Notification procedures shall comply with subsections (c) and (d) of this section.
(4)
A description of procedures and structures necessary to prevent adverse
impacts upon the POTW from accidental spills including inspection and maintenance
of storage areas, handling and transfer of materials, loading and unloading operations,
control of plant site runoff, worker training, building of containment structures or
equipment, measures for containing toxic organic pollutants including solvents, and/or
measures and equipment for emergency response.
(5)
A schedule for the completion or implementation of necessary procedures and
structures. Complete implementation and installation of any procedures or structures
shall be according to the shortest possible schedule, but in no case longer than one
year. Review and approval of such plans and operating procedures shall not relieve the
user from the responsibility to modify and operate its facility as necessary to meet the
requirements of this article.
(c)
Users shall immediately telephone and notify the WRA of any accidental or
deliberate discharge of pollutants which violates section 100.37 of this division or which
is a slug load. Any discharge into the POTW of a substance which is a listed or
characteristic waste under section 3001 of RCRA must be immediately reported to the
U.S. Environmental Protection Agency Regional Director, the Iowa department of
natural resources, and the WRA. Notifications required in this subsection shall include
the name of caller, location and time of discharge, pollutant concentration, volume and
the corrective actions taken.
(d)
Users shall submit a written report to the WRA director within five days
following such an accidental or deliberate discharge describing the cause of the discharge
and the measures to be taken by the user to prevent similar future occurrences. Users
shall submit follow-up reports as may be required by the WRA director. Such report shall
not relieve the user of any expense, loss, damage or other liability which may be incurred
as a result of damage to the POTW, fish kills, or any other damage to person or property,
nor shall such report relieve the user of any fines, civil penalties, or other liability which
may be imposed by this article or otherwise. Failure to report accidental or deliberate
discharges may, in addition to any other remedies available to the city, result in the
revocation of the discharger's wastewater discharge permit.
(e)
Users shall control production or all discharges to the extent necessary to
maintain compliance with all applicable regulations upon reduction, loss, or failure of its
pretreatment facility until the facility is restored or an alternative method of pretreatment
is provided. This requirement applies in the situation where, among other things, the
primary source of power to the user's pretreatment facility is reduced, lost or fails.
(f)
Users required to have a spill containment plan must permanently post a notice in
English and the language of common use on the user's bulletin board or other prominent
place advising employees whom to call if a prohibited discharge occurs. Users shall
ensure that all employees who are in a position to cause, discover, or observe such an
accidental discharge, are advised of the emergency notification procedures.
Sec. 100.45. Treatment upsets.
Users shall inform the WRA director within one hour of becoming aware of an upset in
operations that places it in a temporary state of noncompliance with the pollutant limits
in this article. Users shall provide a follow-up written report to the WRA director within
five days. The report must demonstrate that the pretreatment facility was being operated
in a prudent and appropriate manner and shall contain:
(1)
A description of the upset, its cause, and impact on the user's compliance status.
(2)
The duration of noncompliance, including exact dates and times of
noncompliance, and, if the noncompliance is continuing, the time by which
compliance is reasonably expected to be restored.
(3)
All steps taken or planned to reduce, eliminate, and prevent recurrence of such
an upset.
Sec. 100.46. Treatment bypass.
(a)
Under this article, bypass is prohibited unless it is unavoidable to prevent loss
of life, personal injury, or severe property damage or no feasible alternatives exist
such as the use of auxiliary treatment facilities, retention of untreated waste, or
maintenance during normal periods of equipment downtime.
(b)
The user may allow a bypass to occur which does not cause a violation of
pretreatment standards, but only if it is for essential maintenance to ensure efficient
operation.
(c)
Notification of bypass shall be submitted in accordance with the following:
(1)
Anticipated bypass. If the user knows in advance of the need for a bypass, it
shall submit prior written notice, at least ten days before the date of the bypass, to the
WRA director.
(2)
Unanticipated bypass. The user shall immediately notify the WRA director and
submit a written report to the WRA within five days. This report shall specify the
following:
(a)
A description of the bypass, its cause, and the duration.
(b)
Whether the bypass has been corrected.
(c)
The steps being taken or to be taken to reduce, eliminate and prevent a
reoccurrence of the bypass.
(d)
Proper notification shall not relieve the user of liability for treatment costs and
fees or other remedies as provided for in section 100.42 of this division.
Sec. 100.47. Fees.
To provide for the recovery of costs from users of the POTW and for the
implementation of the pretreatment program established by this article, the following
fees are hereby established and shall be applicable to discharges by all users:
(1)
All users shall be subject to the following fees and charges:
(a)
The wastewater discharge permit application fee shall be $200.00 for a class A
permit, $100 for a class B permit, and $100 for a soil/groundwater remediation permit.
(b)
The annual fee for a class A wastewater discharge permit shall be $1000.00.
(c)
The annual fee for a class B wastewater discharge permit shall be $400.00.
(d)
The fee paid by each industrial user when an accidental discharge or slug load
occurs shall be up to $1,000.00. The fee shall reimburse the WRA for any costs incurred
as a result of the discharge.
(e)
The fee for sampling a user's discharge shall be $50.00 per day when using a 24hour automatic sampler. The fee for subsequent consecutive days and for collecting grab
samples shall be $25.00 per day. When a sampling event must be rescheduled due to
failure of the user's sampling equipment or due to a sampler seal (used to detect sample
tampering) being broken, a trip charge of $25.00 and a rescheduling fee of $50.00 shall
be assessed. The trip charge fee may be waived if the user informs the WRA of sampling
equipment failure prior to 8:00 a.m. of a scheduled sampling day.
(f)
Laboratory analysis fees for those analyses performed by the WRA shall be as
follows:
LABORATORY ANALYSIS
FEES
Test
Cost/Sample
BOD
$ 20.00
COD
20.00
Total Organic Carbon (TOC)
20.00
TSS
10.00
pH
5.00
Oil and grease
Total
35.00
Mineral/non-mineral
35.00
Nitrogen, ammonia
15.00
Nitrogen, nitrate
15.00
TKN
30.00
Phosphorous, total
25.00
Potassium
12.00
Calcium carbonate equivalent
15.00
Soil analysis, each pollutant
20.00
Phenols
28.00
Cyanide
30.00
Metals:
Arsenic
20.00
Selenium
20.00
Mercury
25.00
Other metals (per parameter)
15.00
BETX (OA-1)
40.00
TPH (OA-1)
40.00
BETX & TPH (OA-1)
45.00
608 Organochlorine
Pesticides & PCBs
70.00
624 Volatile Organic
Compounds
140.00
625 Base/Neutral Organic
Compounds
and/or
625 Acid/Organic
Compounds
290.00
USEPA Tests:
290.00
(g)
Fees for analysis performed by laboratories other than the WRA laboratory shall
be the full cost of each analysis.
(h)
Fees for annual or biannual inspections of permitted users shall be $100.00 for
those holding a class A permit and $50.00 for those holding a class B permit.
(i)
Fees for copying and mailing documents shall be $1.00 for the initial page and
$0.25 for each additional page plus postage. No charges shall be assessed for requests for
copies received from individuals or agencies served by the WRA, provided the number
of pages requested does not exceed ten.
(j)
Fees for past due reminders sent each 30 days that a balance remains unpaid shall
be $5.00.
(k)
Prohibitive waste charges for each pollutant discharged in excess of permit or
ordinance limits shall be $25.00 per day for class B permit holders and $50.00 per day
for class A permit holders. High strength charges shall double if discharges are slug
loads. Payment of fees does not preclude other enforcement action and may not be paid
in lieu of compliance with discharge limitations.
(l)
Fees for inspection of a Food Service Establishment grease trap or interceptor
shall be $50.00 per visit.
(2
All users contributing wastewater in excess of the following concentrations shall
be assessed a surcharge, which shall be in addition to the rates and charges ordinarily
billed to such users for sewer use:
Pollutant
Surcharge
(per pound)
Suspended solids in excess of 250 mg/l
$0.16
BOD or CBOD in excess of 200 mg/l
0.11
TKN in excess of 30 mg/l
0.61
Oil and grease in excess of 100 mg/l
0.06
Chemical oxygen demand (COD) in excess of 300 mg/l may be used at the discretion
of the WRA director in lieu of CBOD. In such case the excess COD concentration
shall be multiplied by the known CBOD/COD ratio or by a ratio of two-thirds to
establish an equivalent CBOD concentration.
Ammonia nitrogen (NH3-N) in excess of 15 mg/l may be used at the discretion of the
WRA director in lieu of TKN by multiplying the excess NH3-N concentration times
two to establish an equivalent TKN concentration.
(3)
The establishment and imposition of new or different fees or charges, in
addition or in substitution for those provided above in this section, shall be by
ordinance amending this chapter. The amounts of the fees and charges established in
this section shall be and remain in effect until such time as the WRA Board shall by
resolution revise said fee amounts. Said revised fees and charges shall take effect after
the board causes said resolution to be sent to this city council and thereafter causes
same to be published in a newspaper of general circulation in each county in which
participating communities are located.
Secs. 100.48—100.75. Reserved.
DIVISION 3. INDUSTRIAL WASTEWATER DISCHARGE PERMITS AND
REPORTING REQUIREMENTS
Sec. 100.76. Classes of permits.
Discharge permit classifications shall be as follows:
(1)
Class A permit issued to a user discharging 25,000 gallons per day or more of
process wastewater (excludes sanitary, non-contact cooling, and boiler blowdown).
(2)
Class B permit issued to a user discharging less than 25,000 gallons per day of
process wastewater.
Sec. 100.77. Permit requirements.
(a)
All new industrial users shall notify the WRA director of the nature and
characteristics of their proposed discharge 180 days prior to commencing discharge. A
notification form prescribed by the WRA shall be used for this purpose
(b)
Significant users shall discharge wastewater, either directly or indirectly, into the
POTW only after obtaining a wastewater discharge permit from the WRA director.
Obtaining a wastewater discharge permit does not relieve a user of the obligation to
obtain other permits required by federal, state, or local law.
(c)
Other users, including waste haulers, shall obtain permits as required by the WRA
director.
Sec. 100.78. Permit applications; baseline monitoring reports.
Users applying for a wastewater discharge permit or submitting a baseline monitoring
report shall submit the following information as required by 40 CFR 403.12 or by the
WRA director:
(1)
Users applying for a wastewater discharge permit must submit an application
form prescribed by the WRA and accompanied by the application fee. All new
significant users must submit such application 180 days prior to the date of any
wastewater discharge. Existing users subject to new National Categorical Pretreatment
Standards must, within 180 days after the effective date of the standard, submit such an
application. The following information is required:
(a)
Name, address, and location of the facility, if different from the mailing address.
(b)
The name of a person or agent authorized to accept legal service of process.
(c)
Standard industrial classification (SIC) code of both the industry as a whole
and any processes for which National Categorical Pretreatment Standards have been
promulgated and a list of any environmental control permits held by or for the facility.
(d)
Wastewater constituents and characteristics including any pollutants in the
discharge which are limited by any federal, state, or local standards with sampling and
analysis performed in accordance with Environmental Protection Agency approved
methods, and meeting the following requirements:
(1)
The user shall identify the pretreatment standards applicable to each regulated
process if the user is a categorical user.
(2)
All samples shall be representative of daily operations.
(3)
A minimum of four grab samples, if required, must be used for pH, cyanide,
total phenols, oil and grease, sulfide and volatile organics. For all other pollutants
required, 24-hour composite samples must be obtained through flow-proportional
composite sampling techniques where feasible. The WRA director may waive flowproportional composite sampling for any user who demonstrates that flowproportional sampling is not feasible. In such cases, samples may be obtained through
time-proportional techniques or through a minimum of four grab samples where the
user demonstrates that such sampling will provide a representative sample of the
effluent being discharged.
(4)
Where the flow of the stream being sampled is less than or equal to 250,000
gallons per day, the user must analyze three samples within a two-week period. Where
the flow of the stream being sampled is greater than 250,000 gallons per day, the user
must analyze six samples within a two-week period.
(5)
Samples must be taken immediately downstream from pretreatment facilities if
such exist or immediately downstream from the regulated process if no pretreatment
exists and prior to mixing with other waste. If non-regulated wastewater is mixed with
regulated wastewater prior to pretreatment, the user must measure the flows and
concentrations necessary to allow use of the combined waste stream formula of 40
CFR 403.6(e) in order to evaluate compliance with pretreatment standards. Where an
alternate concentrations or mass limit has been calculated in accordance with 40 CFR
403.6(e), this adjusted limit along with supporting data shall be submitted to the WRA
director. Users not subject to categorical standards shall submit analysis of wastewater
representative of the effluent discharged to the POTW.
(6) The WRA director may allow the submission of an application which utilizes
only historical data so long as the data provides information sufficient to determine the
need for pretreatment.
(7)
A statement indicating the time, date and place of sampling, methods of analysis,
and certifying that such sampling and analysis is representative of normal work cycles
and expected pollutant discharges to the POTW shall accompany each
application/baseline monitoring report unless such sampling and analysis was performed
by the city.
(e)Time and duration of all discharges.
(f)
Daily maximum, daily average, and monthly average wastewater flow rates,
including daily, monthly, and seasonal variations, if any.
(g)
Description of activities, facilities, and plant processes at the site, including a list
of all raw materials and chemicals used at the facility which are or could accidentally or
intentionally be discharged to the POTW.
(h)
The site plans, floor plans and mechanical and plumbing plans and details to
show all sewers, floor drains, and appurtenances by size, location and elevation. The
plans shall include a schematic process diagram which indicates all points of discharge to
the POTW. All plans must be certified for accuracy by a professional engineer registered
in the state.
(i)
Each product produced by type, amount, process and rate of production.
(j)
Type and amount of raw materials processed (average and maximum per day).
(k)
Number and type of employees and hours of operation and proposed or actual
hours of operation of the pretreatment facility.
(l)
A statement, reviewed by an authorized representative of the user, as defined in
section 100.88 of this division, and certified to by a professional engineer registered in
the state, indicating whether pretreatment standards are being met on a consistent basis
and if not whether additional operation and maintenance or additional pretreatment is
required for the user to meet pretreatment standards and requirements.
(m)
If additional pretreatment or O&M will be required to meet pretreatment
standards or requirements, the user shall supply a compliance schedule indicating the
shortest time schedule necessary to accomplish installation or adoption of such additional
pretreatment or O&M. The completion date in this schedule shall not be longer than the
compliance date established for the applicable pretreatment standard. The following
conditions apply to this schedule:
(1)
The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction and operation
of additional pretreatment required for the user to meet the applicable pretreatment
standards. Such schedule shall include, where applicable, but shall not be limited to dates
for the hiring of an engineer, completing preliminary plans, executing contracts for
major components, commencing construction, beginning operation, and conducting
routine operations.
(2)
No increment referred to in subsection (1)m.1 of this section shall exceed nine
months, nor shall the total compliance period exceed 18 months.
(3)
No later than 14 days following each date in the schedule and the final date for
compliance, the user shall submit a progress report to the WRA director, including, as
a minimum, whether or not it complied with the increment of progress, the reason for
any delay, and if appropriate the steps being taken by the user to return to the
established schedule. In no event shall more than nine months elapse between such
progress reports to the WRA director.
(n)
If additional pretreatment and/or operation and maintenance will be required to
meet the limits on discharge into the POTW set forth in section 100.37, 100.38,
100.39 of this article, or any other limits set by the WRA director, a plan shall be
provided by the user giving the shortest schedule by which the user will provide the
needed equipment, operation, or maintenance changes and additions to meet such
limits. The completion date in this schedule shall not be later than the compliance date
established for the National Categorical Pretreatment Standards. For a compliance
schedule for meeting National Categorical Pretreatment Standards the following
condition shall apply:
(1)
The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction and
operation of additional pretreatment required to meet the applicable National
Categorical Pretreatment Standards. Such schedule shall include, where applicable,
but not be limited to dates for the hiring of an engineer, completing preliminary plans,
completing final plans, executing contracts for major components, commencing
construction and completing construction.
(2)
No time increment in the schedule may exceed nine months.
(3)
No later than 14 days after each date in the schedule and the final date for
compliance, the user shall submit a progress report to the WRA director stating
whether or not it complied with the increment of progress to be met on such date and,
if not, the date on which it expects to comply with this increment of progress, the
reason for delay, and the steps being taken by the user to return to the schedule
established. In no case shall more than nine months elapse between such progress
reports to the WRA.
(o)
Any additional information required by the WRA director to evaluate a permit
application.
(1)
All applications and reports must contain the certification statement and be signed
in accordance with section 100.88 of this division.
(C79, § 16-91.11; O.10,361; C85, § 16-91.11; O.11,490; C91, § 21-97; O.11,716)
Sec. 100.79. Report on compliance by categorical industries.
Users subject to National Categorical Pretreatment Standards shall submit a report to the
WRA director containing the information described in subsections 100.78(1)c, (1)d, (1)e
and (1)k of this division within 90 days following the date for final compliance with
applicable National Categorical Pretreatment Standards or, if a new source, following
commencement of discharge. Users subject to equivalent mass or concentration limits
shall provide a reasonable measure of the user's long-term production rate. For all other
users subject to National Categorical Pretreatment Standards expressed in terms of
allowable pollutant discharge per unit of production or other measure of operation, this
report shall include the user's actual production during the appropriate sampling period.
All reports must contain the certification statement and be signed in accordance with
section 100.88 of this division.
Sec. 100.80. Permit contents.
Wastewater discharge permits shall include such conditions as are reasonably deemed
necessary by the WRA director to prevent pass through or interference; protect the
quality of the water body receiving effluent from the POTW; protect worker health and
safety; facilitate the WRA's sludge management and disposal program; protect ambient
air quality; and protect against damage to the POTW. The WRA director may include the
following items in the permit, and such additional items as the director determines
necessary or prudent:
(1)
Limits on the average or maximum rate of discharge, time of discharge, or
requirements for flow regulation and equalization.
(2)
Limits on the average or maximum concentration, mass, or other measure of
identified wastewater constituents or properties.
(3)
Requirements for the installation of pretreatment technology or construction of
appropriate containment devices, etc., designed to reduce, eliminate, or prevent the
introduction of pollutants into the POTW.
(4)
Development and implementation of spill control plans or other special
conditions including additional management practices necessary to adequately prevent
accidental, unanticipated, or prohibited discharges.
(5)
The unit charge or schedule of user charges and fees for the management of the
wastewater discharged to the POTW.
(6) Requirements for installation and maintenance of inspection, sampling, and flow
monitoring facilities and equipment for each separate discharge into the POTW.
(7)
Specifications for monitoring programs which may include sampling locations,
frequency of sampling, number, types, and standards for tests, and reporting
schedules.
(8)
Compliance schedules.
(9)
Requirements for submission of technical reports or discharge reports and
which may include production data.
(10) Requirements for maintaining and retaining plant records relating to
wastewater discharge as specified by the WRA director and affording the director or
the director's representatives access thereto.
(11) Requirements for the notification of any substantial change in the
manufacturing processes, pretreatment processes, quantity or quality of waste
discharged to the POTW 90 days prior to such change. The WRA director shall
approve, deny or condition a changed discharge prior to a change occurring in
accordance with subsection 100.36(a)(4) of this article.
(12)
Requirements for notification of excessive, accidental, or slug discharges.
(13) Other conditions as deemed appropriate by the WRA director to ensure
compliance with this article, and state and federal laws, rules, and regulations.
(14) A statement that compliance with the permit does not relieve the permittee of
responsibility for compliance with all applicable federal pretreatment standards,
including those which become effective during the term of the permit.
Sec. 100.81. Permit duration and renewal.
Permits required under this division shall be issued for a specified time period, not to
exceed five years. Permit fees shall be due annually to the WRA regardless of the term
of the permit. Permitted users shall apply for a new permit by submitting a completed
permit application a minimum of 90 days prior to the expiration of the user's existing
permit.
Sec. 100.82. Continuation of expired permits.
Expired permits issued pursuant to this division shall remain effective and enforceable
until the permit is reissued unless the user is notified of permit termination by the
WRA director.
Sec. 100.83. Permit modifications.
(a)
The WRA director may modify the permit issued pursuant to this division for
good cause, including but not limited to the following:
(1)
To incorporate any new or revised federal, state, or local pretreatment standard or
requirement. After becoming aware of more stringent standards or requirements, the
WRA will, as necessary, update permits within 90 days;
(2)
To make material or substantial alterations or additions to the discharger's
operation processes, or discharge volume or character which were not considered in
drafting the effective permit;
(3)
To make a change in any condition in either the industrial user or the POTW that
requires either a temporary or permanent reduction or elimination of the authorized
discharge;
(4)
Upon receipt of information indicating that the permitted discharge poses a threat
to the POTW, to Bondurant, WRA or operating contractor personnel, or to the receiving
water;
(5)
Upon occurrence of a violation of any terms or conditions of the permit;
(6)
Misrepresentation of, or grant of variance from, such categorical standards
pursuant to 40 CFR 403.13;
(7)
To correct typographical or other errors in the permit;
(8)
To reflect transfer of ownership or operation of the permitted facility to a new
owner or operator; or
(9)
Upon request of the permittee, provided such request does not create a violation
of any applicable requirements, standards, laws, or rules and regulations.
(b)
The filing of a request by the permittee for permit modification, revocation and
reissuance, termination, or a notification of planned changes or anticipated
noncompliance shall not have the effect of staying or delaying the implementation or
effective date of any permit condition.
Sec. 100.84. Permit transfer.
An industrial wastewater discharge permit is not transferable to any other person or
entity. A new owner or operator must apply for a new wastewater discharge permit 60
days prior to taking ownership or undertaking operation of a permitted facility.
Sec. 100.85. Denial of permit.
The WRA director may deny a wastewater discharge permit to any user whose
discharge of material to the POTW, whether shown upon application, including test
results submitted by the applicant, or determined after inspection or testing conducted
by the WRA or its operating contractor, is not in conformity with this article or whose
application is incomplete or does not comply with the requirements of section 100.78
of this division.
Sec. 100.86. Permit violations.
Any violation of the terms, conditions, or limits of a user's wastewater discharge
permit shall be deemed a violation of this article and shall subject the user to all
enforcement procedures outlined in this article.
Sec. 100.87. Periodic compliance reports.
Under this division, periodic compliance reports are required as follows:
(1)
Significant users shall submit to the WRA director, during the months of
January and July, a report indicating the nature, concentration, and flow of pollutants
in the effluent which are limited by permit or pretreatment standards for the preceding
six-month period. This report shall include a record of the monthly average flows and
the daily flow for each analysis date during the reporting period. At the discretion of
the WRA director and in consideration of such factors as local high or low flow rates,
holidays, budget cycles, etc., the WRA director may agree to alter the months during
which the reports are to be submitted. More frequent reports may be required by the
WRA director.
(2)
The WRA director may impose mass limitations on users. In such cases, the
report required by subsection (1) of this section shall indicate the mass of pollutants
regulated by pretreatment standards in the effluent of the user. All analyses shall be
performed using Environmental Protection Agency approved methods using sampling
techniques approved by the Iowa Department of Natural Resources.
(3)
Users shall meet the certification and signatory requirements in section 100.88
of this division for each report submitted under this section. Where the WRA itself
collects all the information required for the report, including flow data, the industrial
user will not be required to submit a periodic compliance report.
(4)
A user must notify the WRA director of all violations identified as a result of
self-monitoring to the POTW by telephone, during normal business hours, within 24
hours of the time the user becomes aware of such violation. The user must also submit
the results of repeat analyses to the WRA within 30 days after becoming aware of the
violation, together with a complete report on all steps taken to resolve the violation. The
user need not repeat the analyses if:
(a)
The WRA performs sampling of the industrial user at a frequency of at least once
per month; or
(b)
The WRA performs sampling of the user between the time when the user
performs its initial sampling and the time when the user receives the results of this
sampling.
(5)
A user who monitors any pollutant more frequently than required by the WRA or
who self-monitors in addition to WRA monitoring, using Environmental Protection
Agency methods or standard methods, shall report the monitoring results to the WRA
director in accordance with subsections (1), (3) and (4) of this section.
Sec. 100.88. Certification and signatory requirements.
(a)
All applications or reports submitted by a user pursuant to this division shall
contain the following certification statement:
"I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations."
(b)
All applications and reports shall be signed by an authorized representative of
the user as defined in section 100.01 of this article. A user shall maintain a current and
accurate authorization on file with the WRA director.
Sec. 100.89. Monitoring facilities.
(a)
When required by the WRA director pursuant to this division, each permitted
user shall at its expense provide and operate monitoring facilities to allow inspection,
sampling, and flow measurement of the building sewer or internal drainage systems. The
WRA director may require the placement of such monitoring facilities at the end of each
process where pollutants are used, produced, or treated. The monitoring facility should
normally be situated on the user's premises and located so that it will not be obstructed by
landscaping or parked vehicles.
(b)
When required by the wastewater discharge permit and within 90 days of
written notification, a user shall install a sampling chamber for each separate discharge
of the building sewer in accordance with plans and specification approved by the
WRA director. A user shall provide ample room in or near such sampling chamber to
allow accurate sampling and preparation of samples for analysis. Each user shall at its
expense maintain all sampling and measuring equipment in a safe and proper
operating condition at all times, which equipment shall be safely, easily and
independently accessible to authorized representatives of the WRA. Users shall certify
all flow measuring devices to be in proper working condition at a frequency specified
in the permit or in writing by the WRA director, using a qualified technician
acceptable to the WRA director. Sampling shall be in accordance with the following:
(1)
Each sampling chamber shall contain a flume unless another device is
approved by the WRA director, with a recording and totalizing device for
measurement of the liquid quantity.
(2)
At the discretion of the WRA director, metered water supply to a user may be
used as the volume quantity where it is substantiated that the metered water supply
and waste quantities are approximately the same, or where a measurable adjustment
agreed to by the director is made in the metered water supply to determine the liquid
waste quantity. Separate meters may be used to subtract water which is not discharged
to the POTW or is discharged to a sewer other than the sampled location.
(3)
Samples shall be taken at a frequency and volume determined by the WRA
director and shall be properly refrigerated and preserved in accordance with
Environmental Protection Agency approved methods. The sample shall be composited
in proportion to the flow for a representative 24-hour sample. A time proportioned 24hour sample may be used if flow proportioned sampling is determined by the WRA
director to be impractical. Grab samples shall be used where appropriate.
(c)
A user must inform the WRA director prior to breaking a sampler seal, used by
the WRA to detect sample tampering, unless necessary to prevent loss of life, personal
injury, or severe property damage. A user shall not place additional seals or locks
upon a sampler which may be used by the WRA without first obtaining approval from
the WRA director.
Sec. 100.90. Inspection, sampling and recordkeeping authority.
Under this division, users shall be deemed to have given the following authorities to
the WRA and its operating contractor:
(1)
Users shall permit authorized representatives or agents of the WRA to enter upon
all properties and all parts of the premises, or upon properties of users with wastewater
discharge permits, for the purposes of inspection, sampling, records examination, records
copying, or the performance of any of their duties. This shall include the right to set up,
on the user's property, such devices as are necessary to conduct sampling, inspection,
compliance monitoring, or metering operations as may be required in pursuance of the
implementation and enforcement of this article.
(2)
Where a user has security measures in force which would require proper
identification and clearance before entry into the premises, the user shall make necessary
arrangements in the security measures so that, upon presentation of suitable
identification, WRA or operating contractor personnel will be permitted to enter, without
delay, for the purposes of performing their specific responsibilities.
(3)
All users subject to any of the reporting requirements of this article shall maintain
copies of reports and records of all information as required in 40 CFR 403.12(o) resulting
from any monitoring activities required by this article for a minimum of three years and
shall make such records available for inspection and copying by the WRA and it
operating contractor. This period of retention shall be extended until the completion of
any unresolved negotiation, hearing, or litigation involving a purported violation.
Sec. 100.91. Confidential documents, data and information.
(a)
Except as provided in this section, documents, data and information obtained
from user reports, questionnaires, permit applications and inspections pursuant to this
division shall be made available to the public or other governmental agencies without
restriction. If the user specifically requests and is able to demonstrate that the release of
such information would divulge information concerning processes or methods of
production entitled to protection under law as trade secrets of the user or would give
advantage to competitors and serve no public purpose, the WRA director may determine
that such information should be kept confidential and not made available for public
examination, but such information shall be available to the U.S. Environmental
Protection Agency or the Iowa department of natural resources.
(b)
Decisions by the WRA director to deny confidential status for information may
be appealed using the procedures in section 100.92 of this division. In determining
whether information is confidential, the provisions of I.C. ch. 22 shall prevail.
(c)
Effluent data and enforcement actions by the WRA or its operating contractor
will not be considered confidential records or information.
Sec. 100.92. Appeal of denial of confidential status.
(a)
Any person aggrieved by the WRA director's decision to release information
or data obtained as provided in subsection 100.91(a) of this division and who can
demonstrate a direct and substantial interest in the information or data sought to be
kept confidential may appeal the WRA director's decision. A request for appeal shall
be filed in writing with the WRA director not less than five days after the WRA
director's decision to deny confidential status to such information or data. The appeal
request shall include a statement of the basis upon which the request for confidential
status is made, as well as the appealing party's interest in the information or data
sought to be kept confidential. The WRA director may request additional information
from the appealing party.
(b)
Based upon the information provided by the appealing party, the WRA
director shall make a determination with respect to the confidentiality of the
information or data at issue. The WRA director shall notify the parties, in writing, of
the WRA director's decision within 7 days after receipt of the appeal.
(c)
If still aggrieved by the WRA director's determination on appeal, a party may
file an action in Polk County district court, seeking a declaratory ruling with respect to
the confidentiality of such documents, data and information, or seeking an injunction
to prevent the disclosure of same.
(d)
During the pendency of an appeal to the WRA director, the documents, data
or information at issue shall be kept confidential. However, if during the pendency of
such appeal, a request for examination or copying of such documents, data or
information is made of the WRA or its operating contractor pursuant to I.C. ch. 22, the
WRA or its operating contractor will notify the appealing party of such request for
disclosure and will keep confidential the requested documents, data or information,
pending action by the appealing party to defend its confidentiality request. In that
notification, the appealing party requesting confidentiality will be given not more than
5 calendar days within which to file suit in Polk County district court seeking the entry
of a declaratory order and/or injunction to protect and keep confidential such
documents, data or information. If the appealing party fails to initiate suit within the
time requested, the WRA director shall release the documents, data or information at
issue for public examination.
(e)
If during the pendency of such appeal, a lawsuit is initiated pursuant to I.C.
ch. 22 seeking the release of such documents, data or information, the appealing party
shall take action to defend its confidentiality request in said lawsuit. If the appealing
party fails to defend its confidentiality request in said suit, the WRA director shall
release the documents, data or information at issue for public examination.
Secs. 100.93—100.120. Reserved.
DIVISION 4. ENFORCEMENT OF INDUSTRIAL WASTEWATER
REGULATIONS
Sec. 100.121. Public notification of significant noncompliance.
The WRA will annually publish, in the largest daily newspaper published in the WRA
community, a list of users who at any time during the previous 12 months were in
significant noncompliance as defined in section 100.122 of this division.
Sec. 100.122. Significant noncompliance.
(a)
Any violation of pretreatment requirements under this article (i.e. including but
not limited to those relating to limits, sampling, analysis, reporting, meeting compliance
schedules, and regulatory deadlines) is an instance of noncompliance for which the user
is liable for enforcement, including penalties and injunctive relief. Instances of
significant noncompliance are user violations which meet one or more of the following
criteria:
(1)
Violations of wastewater discharge limits as follows:
(a)
Chronic violations. Sixty-six percent or more of the measurements exceed the
same daily maximum limit or the same average limit in a six-month period (any
magnitude of exceedance).
(b)
Technical review criteria (TRC) violations. Thirty-three percent or more of the
measurements exceed the same daily maximum limit or the same average limit by more
than the TRC in a six-month period. (e.g., limit x TRC = the point at which a violation
becomes a TRC violation). There are two groups of TRCs as follow:
Group I for conventional pollutants (BOD,
TSS, FOG)
TRC = 1.4
Group II for all other pollutants
TRC = 1.2
(c)
Any other violation of a wastewater discharge permit limit (average or daily
maximum) that the WRA director believes has caused, alone or in combination with
other discharges, interference, including slug loads, or pass through or which endangers
the health of Bondurant, WRA or operating contractor personnel or the public.
(d)
Any discharge of a pollutant that has caused imminent endangerment to human
health/welfare or to the environment and has resulted in the WRA's exercise of its
emergency authority to halt or prevent such a discharge.
(2)
Violations of compliance schedule milestones, contained in a wastewater
discharge permit or enforcement order, for starting construction, completing
construction, or attaining final compliance by 90 days or more after the schedule date.
(3)
Failure to provide reports for compliance schedules, self-monitoring data, or
any other report required by the WRA within 45 days from the due date.
(4)
Failure to accurately report noncompliance.
(5)
Any other violation or group of violations, which may include a violation of
Best Management Practices, that the WRA director considers to be significant.
(b)
When a user is in significant noncompliance, the WRA director is directed to:
(1)
Report the information to the Iowa Department of Natural Resources as part of
the annual pretreatment performance summary of permitted user noncompliance.
(2)
Include the user in the annual public notification according to section 100.121
of this division.
(3)
Address significant noncompliance through appropriate enforcement actions or
document in a timely manner the reasons for withholding enforcement.
Sec. 100.123. Administrative actions.
(a)
The WRA director may issue a written notice to the user giving the specific
nature of violations which shall include the frequency, magnitude and impact of the
violation upon the POTW. The notice may also include the following:
(1)
An order requiring a plan of action for preventing reoccurrence of the
violation.
(2)
An order requiring specific action for accomplishing remediation.
(3)
An order requiring the user to respond in writing within 30 days.
(b)
The WRA director is empowered to enter into consent orders, assurances of
voluntary compliance, or other similar documents establishing an agreement with the
user responsible for any noncompliance. Such orders will include specific action to be
taken by the user to correct noncompliance within a time period specified by the order.
(c) The WRA director may issue enforceable orders or schedules to require
compliance with pretreatment standards including appropriate interim limits. Such
orders and schedules may be incorporated as a revision to an existing wastewater
discharge permit and shall not require the consent of the user.
Sec. 100.124. Actions authorized.
(a)
Where there has been noncompliance with any section of this article, the WRA
director may request the WRA operating contractor's attorney, or the attorney retained by
the WRA for that purpose, to bring an action in equity or at law to seek the issuance of a
preliminary or permanent injunction, or both, or such other relief as may be appropriate,
to compel the user's compliance with this article.
(b)
In addition to other remedies provided under this section or other sections of this
article, in any action brought at the request of the WRA director to enforce this article,
the WRA operating contractor's attorney or the attorney retained by the WRA is
authorized to seek to recover all actual damages suffered by the city or the WRA,
including all actual damages and losses related to costs of repair and remediation of the
POTW, costs of investigation and administration reasonably related to any particular
violation and attorneys' fees.
Sec. 100.125. Civil penalties.
(a)
Each violation of any section of this article or of a permit issued under this article
is declared to be a municipal infraction. Each day that a violation of a section of this
article continues, and each day that a violation of a permit issued under this article
continues, shall be considered a separate municipal infraction.
(b)
Any person who knowingly makes a false statement, representation or
certification in any application, record, report, plan or other document filed or required to
be maintained pursuant to this article or a wastewater discharge permit, or who falsifies,
tampers with or knowingly renders inaccurate any monitoring device or method required
under this article, commits a municipal infraction punishable by a civil penalty hereafter
provided in subsection (d).
(c)
Any person who fails to perform an act required by the provisions of this article,
or who commits an act prohibited by the provisions of this article, commits an
environmental violation and shall be guilty of a municipal infraction, punishable by a
civil. Violation of a pretreatment standard or requirement referred to in 40 CFR 403.8 is
an environmental violation punishable by a civil penalty as provided in subsection (d)
hereof.
(d)
Whenever in this division any act is prohibited and is declared to be a
municipal infraction or whenever in this division the doing of any act is required and
the failure to do that act is declared to be a municipal infraction, the violation of any
such provision shall be punishable by a civil penalty of not more than $500.00 for
each violation or, if the infraction is a repeat offense, by a civil penalty of not more
than $750.00 for each repeat offense. However, a municipal infraction which is
classified as an environmental violation or which arises from noncompliance with a
pretreatment standard or requirement, referred to in 40 CFR 403.8, by an industrial
user may be punishable by a civil penalty of not more than $1,000.00 for each day a
violation exists or continues. Each day a violation of a provision of this division
continues shall be considered a separate municipal infraction.
Sec. 100.126. Performance bonds.
The WRA director may decline to reissue a permit to any user who has failed to
comply with this article or any order or previous permit issued under this article unless
such user first files a satisfactory bond payable to the WRA in a sum not to exceed the
value determined by the WRA director to be necessary to achieve compliance giving
due consideration to the number and magnitude of previous violations, potential need
for remediation and stating the reasons which support the amount of bond in a written
order directed to the user, but in no case shall the bond be required to be greater than
$25,000.00. The user shall use a bond form prescribed by the WRA.
Sec. 100.127. evocation of discharge permit; termination of sewer service.
(a)
Grounds for revocation of discharge permit and/or for termination of sewer
service. Any user who violates this article, any condition of its wastewater discharge
permit, or any of the following is subject to having its discharge permit revoked and/or
its sewer service terminated in accordance with the procedures of this section:
(1)
Failure to accurately report the wastewater constituents and characteristics of
its discharge.
(2)
Failure of the user to report substantial changes in process activity or in
volume or character of pollutants being discharged into the POTW at least 90 days
prior to such change.
(3)
Tampering with monitoring equipment.
(4)
Refusal to allow reasonable access by WRA or operating contractor personnel
to the user's premises for the purpose of inspection, monitoring, or sampling.
(5)
Violation of permit conditions.
(6)
Failure to report an upset, failure, or bypass of the user's pretreatment facilities.
(7)
Failure to pay fines, fees, or sewer user charges.
(8)
Failure to follow enforcement orders or compliance schedules.
(9)
Failure to correct a condition that impedes or alters the WRA's ability to monitor
the user's discharge or has the potential to cause interference or pass through.
(10) Failure to obtain a wastewater discharge permit as required by this article after
notification by the WRA director that such permit is required.
(b)
Procedure for revocation of discharge permit and for termination of sewer
service. The procedure for revocation of a discharge permit and termination of sewer
service shall be as follows:
(1)
Any permit issued to a user pursuant to this article may be revoked, and sewer
service terminated, by written order of the WRA director, specifying the grounds for such
revocation and termination as outlined in subsection (a) of this section, which order shall
not take effect until hearing thereon as hereafter provided. Upon determining that
grounds exist for an order to revoke a user's discharge permit and terminate sewer
service, the WRA director shall cause a notice of hearing to be prepared, specifying the
violations of subsection (a) of this section which are deemed to have occurred, and the
time, date and place that such hearing will be held. The notice shall be sent to the user by
regular mail addressed to the user's address listed on the wastewater discharge permit a
minimum of ten days prior to the date set for hearing, and shall be deemed delivered
when placed in the mail.
(2)
Sewer service may be terminated by written order of the WRA director,
specifying the grounds for such revocation and termination as outlined in subsection
(a)(10) of this section, which order shall not take effect until hearing thereon as hereafter
provided. Upon determining that grounds exist for an order to terminate sewer service,
the WRA director shall cause a notice of hearing to be prepared, specifying the violation
of subsection (a)(10) of this section which is deemed to have occurred, and the time, date
and place that such hearing will be held. The notice shall be sent to the user by regular
mail addressed to the user's address a minimum of ten days prior to the date set for
hearing, and shall be deemed delivered when placed in the mail.
(3)
If after such a hearing the WRA director makes a finding based on substantial
evidence that violations under subsection (a) of this section have occurred as alleged,
the director may issue an order immediately revoking the permit, if a permit had
previously been issued, and terminating sewer service to the user's premises. The
determination to revoke such permit and terminate service, shall be in the discretion of
WRA director and shall be dependent upon the circumstances surrounding the user's
violations of subsection (a) of this section and the severity of those violations. If the
user does not appear for the hearing, the WRA director shall issue the order revoking
the discharge permit and/or terminating sewer service, which shall take effect
immediately.
(4)
The decision and order of the WRA director to revoke the permit of a user may
be appealed to the WRA appeal committee. Such appeal request shall be in writing,
shall include the grounds for appeal including any factual findings which are disputed,
and shall be delivered to WRA not less than 10 days after the director's entry of the
order of revocation of permit and/or termination of sewer service. Such appeal request
shall be considered delivered when placed in the mail, return receipt requested,
addressed to:
WRA Appeal Committee
%Des Moines Metropolitan Wastewater Reclamation Authority
3000 Vandalia Road
Des Moines, Iowa 50326
The chair of the appeal committee shall schedule the appeal and shall cause notice of
the time, date and place of the hearing to be mailed to the appealing user. Such appeal
shall be decided by majority vote of the appeal committee. If the appeal committee
affirms the order of the WRA director revoking the permit and/or terminating sewer
service, the appeal committee shall so state and order in its written decision.
(5)
A user whose permit has been revoked shall not be eligible for another permit
until 30 days after the violating conditions have been corrected to the satisfaction of
the WRA director.
(6)
Upon determination by the WRA director that the user's sewer service
connection to the POTW be terminated, the director's written order shall be sent to the
Bondurant public works department who shall cause the user's connection to the sewer
to be severed or plugged. The manner of severance and procedure for disconnection
shall be determined by the Bondurant public works department. Upon completion of
the disconnection, the Bondurant public works department shall certify to the WRA
director the city's cost to disconnect the user's sewer service. Upon receipt of such
certification of costs, the WRA director shall forward to the user whose service was
disconnected by registered mail return receipt requested, certified mail, or personal
service a bill for the cost of making the disconnection, including all costs for labor and
materials, and a service charge of $100.00 for WRA supervision.
(7)
Any building at which sewer service is disconnected as herein provided shall be
inspected by the city’s building official and if appropriate shall be red-tagged as unfit for
human occupancy.
Sec. 100.128. Reserved.
Sec. 100.129. Reinstatement of service.
If service is severed pursuant to this division, the service may be reinstated in the
following manner:
(1)
Upon payment to the WRA of any delinquency in full supervision fee of $100.00,
and an inspection by the WRA director to determine whether the original cause for
termination has been corrected, the WRA will issue a permit for reconnection of the
building service line to the POTW. Such reconnection costs, plus inspection fees for the
city in accordance with this Code, shall be at the sole expense of the user.
(2)
Upon reconnection and payment of all costs described in subsection (1) of this
section, the city, through its agents, shall remove the red tag from the building, and the
building shall, so far as the city is concerned, be fit for human occupancy.
Sec. 100.130. Emergency disconnection of service.
(a)
Conditions for immediate disconnection of service. The WRA director may, after
informal notice, suspend the wastewater discharge permit of, and sewer service to, a user
whenever such suspension is necessary in order to stop an actual or
threatened discharge presenting or causing an imminent or substantial endangerment to
the health or welfare of persons, the POTW, or the environment.
(b)
Procedure for immediate disconnection. The procedure for immediate
disconnection shall be as follows:
(1)
When the WRA director determines that a discharge as described in subsection
(a) of this section exists, an oral order shall be issued, followed immediately by a written
order, to the user stating the problem and requiring immediate cessation of the discharge.
A user orally notified of a suspension of its wastewater permit or sewer service shall
immediately stop or eliminate all discharges. If a user fails to immediately and
voluntarily comply with the suspension order, the WRA director shall take immediate
action to eliminate the discharge, including disconnection from the POTW. Methods of
informal notice to a user shall include but not be limited to any of the following: personal
conversations between user and personnel or the WRA or its operating contractor,
telephone calls, letters, hand-delivered messages or notices posted at the user's premises
or point of discharge.
(2)
A user responsible, in whole or in part, for imminent endangerment shall
submit to the WRA director, prior to the hearing described in subsection 100.127(b) of
this division, a detailed written report describing the causes of the endangerment and
the measures taken to prevent any future occurrence.
Sec. 100.131. Elimination of discharge; reinstatement of permit.
A user notified by the WRA director of revocation of its discharge permit and/or
disconnection of its sewer service under section 100.127 or 100.130 of this division
shall immediately cease discharging wastewater to the POTW. If the user fails to
comply voluntarily with the revocation and/or disconnection order, the city shall take
such steps as are deemed necessary by the WRA, including immediate severance of
the sewer connection. The WRA director shall reinstate the wastewater discharge
permit or the sewer service upon proof of the elimination of the non-complying
discharge.
Sec. 100.132. Additional remedies.
(a)
In addition to remedies available to the WRA set forth elsewhere in this article,
if the WRA is fined by the Iowa department of natural resources or the U.S.
Environmental Protection Agency for violations of the National Pollutant Discharge
Elimination System permit for the WRF, or for violations of water quality standards as
the result of a discharge of pollutants by an identifiable user, the fine, and all legal,
sampling, analytical testing costs and any other related costs, shall be charged to the
responsible user. Such charge shall be in addition to any other remedies the WRA may
have under this article at law or in equity.
(b)
If the discharge from any user results in a deposit, obstruction, damage or other
impairment to the POTW, the user shall become liable to the city and/or the WRA for
any expense, loss, or damage caused by the violations or discharge. The WRA may
add to the user's charges and fees the costs incurred by the WRA and by the city for
any cleaning, repair, or replacement work caused by the violations or discharge.
(c)
The remedies provided in this article shall not be exclusive, and the WRA may
seek whatever other remedies are authorized by statute, at law or in equity against any
persons violating this article.
(d)
In addition to any other remedies provided in this article, the city and/or the
WRA may initiate an action, either in law or in equity, to obtain an injunction against
further violations of this article and for judgment for all costs incurred by the city
and/or the WRA occasioned by the user's violation of any requirements of this article.
Sec. 100.133. Notices to the WRA, the WRA board, the WRA director or the
WRA steering committee.
Notices which are required to be given or which may be given to the WRA, the WRA
board, the WRA director or the WRA appeal committee, as provided in divisions 2
through 4 of this article, shall be mailed to such entity, body or person at the following
address:
%Des Moines Metropolitan Wastewater Reclamation Authority
Des Moines Wastewater Reclamation Facility
3000 Vandalia Road
Des Moines, Iowa 50317
Secs. 100.134—100.160. Reserved.
DIVISION 5. REGULATION OF FAT, OIL AND GREASE DISCHARGE BY
FOOD SERVICE ESTABLISHMENTS.
Sec. 100.161. Purpose.
The purpose of this section shall be to aid in the prevention of sanitary sewer
blockages and obstructions from contribution and accumulation of Fat, Oil, and
Grease (FOG) into the POTW. Such discharges from commercial kitchens,
restaurants, food processing facilities and all other establishments, where Fat, Oil and
Grease (FOG) of vegetable or animal origin are discharged directly or indirectly into
the POTW, can contribute to line blockages and/or spills in violation of Title 40, Code
of Federal Regulations 40 CFR Part 403.
Sec 100.162. Definitions.
The definitions found in section 100.01 shall apply to the provisions of this division,
provided however that the following words, terms and phrases, when used in this
division, shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Best management practices or BMPs means and includes schedules of activities,
prohibitions of practices, maintenance procedures, and other management practices to
prevent or reduce the pollution of waters of the State. For purposes of this division,
best management practices include procedures and practices that reduce the discharge
of fat, oil and grease (FOG) to the building sewer, to the city sanitary sewer system
and to the POTW.
Design liquid depth means the maximum depth of liquid when the tank is filled with
water.
Effective date means the date set forth in section 100.163 upon which the regulatory
provisions of this division take effect.
Food Service Establishment or FSE means an operation or enterprise that stores,
prepares, packages, serves, vends, or otherwise provides food for human consumption.
Such facilities may include, but are not limited to, those that process meat or other
food ingredients as an intermediate step or for final human consumption, food service
operations in a summer camp, residential substance abuse treatment facility, halfway
house, correctional facility, school, restaurant, commercial kitchen, caterer, church,
hotel, school, hospital, prison, correctional facility, care institution or similar facility.
Grease interceptor means a tank that serves one or more fixtures and is remotely located.
Grease interceptors include, but are not limited to, tanks that capture wastewater from
dishwashers, garbage disposals, floor drains, pot and pan sinks and trenches as allowed
by local plumbing codes. For purposes of this ordinance, a grease interceptor is a multicompartment tank located underground outside of a building that reduces the amount of
FOG in wastewater prior to its discharge into the POTW.
Grease trap means a device designed to retain grease from one to a maximum of four
fixtures. Not all grease traps are approved by the manufacturer for use on heated water
(e.g., dishwasher) or in-line to a waste disposal unit (e.g., garbage disposal and grinders).
For purposes of this ordinance, a grease trap is a small device located within a building.
Minimum design capability means the design features of a grease interceptor and its
ability or volume required to effectively intercept and retain greases from grease-laden
wastewaters discharged to the POTW.
Non-routine inspection means an impromptu, unscheduled inspection of an FSE made
without prior notification or arrangement.
Routine inspection means an inspection of an FSE which is scheduled in advance or
according to a pre-arranged schedule.
User as used in this division has the same meaning as the definition in section 100.01,
but also includes persons who discharge wastewater to the POTW from mobile sources,
such as mobile food vendors.
Sec. 100.163.
Effective date of FOG regulations.
The provisions of this division shall be effective on and after July 3, 2006.
Sec. 100.164.
Grease interceptor installation required after effective date.
The owner or operator of a building or facility likely to discharge FOG to the POTW,
including FSEs, shall be required to install an approved grease interceptor, and to
thereafter operate and maintain same as provided in this division, if:
(a)
The building or facility is proposed or constructed after the effective date; or
(b)
The building or facility exists on the effective date and is thereafter expanded or
renovated to include an FSE where such FSE did not previously exist; or
(c)
An FSE within a building or facility exists on the effective date and application is
thereafter made for a building permit for the facility with valuation of $50,000 or more.
Sec. 100.165.
Exemption from grease interceptor installation requirement.
A building or facility within which an FSE is in existence on the effective date shall be
exempt from the requirement to install a grease interceptor if: and
(a) The FSE has an existing grease interceptor or grease trap in place as of the
effective date and provided that (1) the owner or occupant of the FSE continues to use
the interceptor or trap, (2) the interceptor or trap is of sufficient capacity and design,
and (3) the interceptor or trap is operated and maintained so as to comply with FOG
discharge limits.
(b) Repair, remodeling or renovation of the wastewater plumbing system in an
existing FSE involves only (1) the repair of leaks or the clearing of stoppages in
drains, soil, waste or vent piping, or (2) the removal and reinstallation of a sink, toilet
or hot water heater; provided that such work does not involve replacement,
rearrangement or moving of wastewater valves, traps or pipes.
Sec 100.166. Compliance procedures.
(a) After the effective date, any permitted construction under Section 100.164 shall
be deemed compliant upon issuance of a certificate of compliance or certificate of
occupancy for such construction by the city building official or designee.
(b) Any existing building or facility shall be deemed compliant, unless the WRA
director or local building official or designee determines that an existing grease trap or
grease interceptor is incapable of adequately retaining FOG. In such cases, the
Director may order the FSE to install an adequate grease interceptor within a specified
time period if:
(1) the FSE is found to contribute FOG in quantities above FOG discharge limits; or
(2) the FSE discharges necessitate increased maintenance on the publicly owned
treatment works (POTW) in order to keep stoppages from occurring therein; or
(3) the FSE's discharge to the POTW is at anytime determined to exceed four
hundred (400) mg/l total FOG.
(c)
An order directing an existing FSE to install a grease interceptor shall be in
writing from the WRA Director in the form of a notice of violation including a
corrective action order, as provided in section 100.173 of this division.
(d)
FSEs which are unable to install or replace a grease interceptor due to exceptional
physical constraints or economic hardship may appeal to the WRA director for approval
of an alternative grease control technology by requesting a hearing in accordance with
the provisions of this division. Such requests shall be submitted in writing and shall
include detailed descriptions of the FSE's physical or financial constraints and the
alternative grease control technology which it proposes to install and utilize.
(1)
In order to demonstrate exceptional economic hardship, the owner or operator of
the FSE shall submit to the WRA director balance sheets and profit and loss statements
for FSE for the preceding three years. Each request shall be evaluated on a case-by-case
basis.
(2)
Notwithstanding approval of alternative grease control technology, when the
WRA director determines that such alternative is not performing adequately, the FSE
shall be required to take additional grease control measures, which may include the
installation of a grease interceptor.
(3)
In order to demonstrate exceptional physical site constraints preventing the
installation of a grease interceptor, the owner or operator of the FSE shall submit to the
WRA director documentation and plats showing the location of city sanitary sewer and
any private easements in relation to the building sewer for the building housing the FSE,
and showing available space inside or outside the building and drawings of existing
plumbing at or in a site that uses common plumbing for all services at that site.
Sec. 100.167.
Installation of grease interceptors and grease traps.
Grease interceptors and grease traps, when required, shall be installed as follows:
(1)
Grease interceptors and grease traps shall be installed at the expense of the owner
or operator of the FSE which is contributing wastewater to the POTW.
(2)
All wastewater streams containing FOG within FSEs, restaurants, commercial
kitchens or other FOG generating buildings and facilities shall be directed into an
appropriately sized grease interceptor before discharge to the POTW.
(3)
Grease interceptors shall be designed, constructed, and installed in accordance
with the codes adopted by the jurisdiction in which the FSE is located. Where no code is
adopted, the construction and installation shall be in accordance with the Iowa State
Plumbing Code and this division.
(4)
The building official or other designated official of the governmental
subdivision within which the FSE is located shall inspect each grease interceptor
installation made pursuant to this division, shall review all relevant information
regarding the rated performance of the grease interceptor, and the building plan and
facility site plan for the building and site where the grease interceptor has been
installed, and shall approve such grease interceptor installation upon determination
that the grease interceptor meets all applicable standards and requirements.
(5)
Grease interceptors shall have a minimum capacity of one thousand (1000)
gallons and shall not exceed three thousand (3000) gallons for a single unit. Where a
capacity greater than three thousand (3000) gallons is required, several smaller units
shall be installed in series.
(6)
Grease interceptors shall be installed outside the building housing the FSE and
below surface grade, and shall have access manholes, with a minimum diameter of
twenty-four (24) inches, over each chamber and sanitary tee. Access manholes shall
extend from the grease interceptor to at least the finished surface grade and be
designed and maintained to prevent storm or surface water inflow and groundwater
infiltration. The manholes shall also have readily removable covers to facilitate
inspection and grease removal.
(7)
Sewer lines which are not grease laden, which are not likely to contain FOG,
or which contain sanitary wastes shall not be connected to a grease interceptor.
(8)
Grease interceptors shall be equipped with an accessible discharge sampling
port with a minimum six (6) inch diameter, which shall extend from the grease
interceptor to at least the finished surface grade.
(9)
Where grease interceptors are shared by more than one FSE, the building
owner shall be the responsible party for record keeping and cleaning of the interceptor.
Sec. 100.168. Operation, maintenance and cleaning of grease interceptors.
(a)
The owner or operator of an FSE which is required to pass wastewater through
a grease interceptor shall operate and maintain the grease interceptor so that
wastewater exiting the grease interceptor shall not exceed four hundred (400)
milligrams per liter of FOG.
(b)
The owner or operator of the FSE shall cause the grease interceptor to be
cleaned as hereinafter required when FOG and solids reach 25% of the design liquid
level of the grease interceptor, or sooner if necessary to prevent carry over of grease
from the grease interceptor into the city sanitary sewer system. Interceptors shall be
cleaned at three (3) month intervals or less. A longer cleaning interval must be
approved by the WRA Director. If the owner or operator of the FSE, or an employee
of the owner or operator, has obtained a waste hauler's license and has completed to
the satisfaction of the WRA director the course of training offered by the WRA in the
cleaning of grease interceptors, such person or persons may clean the grease interceptor.
Alternatively, the owner or operator of an FSE may employ a waste hauler licensed by
the WRA pursuant to division 6 of this article to clean the grease interceptor, provided
that the waste hauler personnel performing the grease interceptor cleaning has
satisfactorily completed a course of training on grease interceptor cleaning offered by the
WRA.
(c)
Any person who cleans a grease interceptor shall do so in accordance with the
following procedures and requirements. The person cleaning the grease interceptor shall:
(1)
Completely empty and remove the contents (liquids and sludge) of all vaults of
the grease interceptor, and remove the grease mat and scrapings from the interior walls.
(2)
Not deposit waste and wastewater removed from a grease interceptor back into
the grease interceptor from which the waste or wastewater was removed or into any other
grease interceptor, for the purpose of reducing the volume of waste and wastewater to be
disposed of.
(3)
Not introduce enzymes, emulsifying chemicals, hot water or other agents into a
grease interceptor to dissolve or emulsify grease or as a grease abatement method.
Introduction of bacteria as a grease degradation agent is permitted with prior written
approval by the WRA director.
(4)
Dispose of waste and wastewater removed from a grease interceptor at the WRF
or at a facility approved for disposal of such waste by the WRA director. Waste and
wastewater removed from a grease interceptor shall not be discharged to any private
sanitary or storm sewer or to the city sanitary or storm sewer system.
(5)
Not use an automatic grease removal system to clean a grease interceptor without
prior written approval of the WRA director, and if, the use of an automatic grease
removal system is approved, shall operate same in a manner that the grease wastewater
discharge limit, as measured from the system’s outlet, is consistently achieved.
(d)
If grease interceptor cleaning is performed by a licensed waste hauler, the owner
or operator of the FSE shall witness all cleaning/maintenance activities to verify that the
grease interceptor is being fully cleaned and properly maintained according to the
requirements of this section or Section 100.168. The waste hauler shall provide a copy of
the disposal receipt for all waste and wastewater removed from a grease interceptor to the
owner or operator of the FSE.
(e)
As part of each cleaning of a grease interceptor, the owner or operator of the FSE,
or the licensed waste hauler employed by the owner or operator, shall perform the
following maintenance activities:
(1) Check that the sanitary “tees” on the inlet and outlet sides of the grease
interceptor are not obstructed, loose, or missing.
(2)
Verify that the baffle is secure and in place.
(3)
Inspect the grease interceptor for any cracks or other defects.
(4)
Check that lids are securely and properly seated after completion of cleaning.
(f)
The WRA director may make exceptions to the above requirements, or may
approve alternative operational requirements or cleaning and maintenance methods,
provided that such exceptions or approvals shall be made in writing by the WRA
director.
Sec. 100.169. Records and record keeping.
(a) Required Records. The owner or operator of an FSE which is required to pass
wastewater through a grease interceptor or trap shall maintain a written record of
grease interceptor or trap maintenance, including a log showing the dates upon which
the grease interceptor or trap was inspected and the estimated amount of FOG present
in the grease interceptor or trap at each inspection, the date upon which waste and
wastewater was removed from the grease interceptor or trap and disposed of, and the
location and means of such disposal of waste and wastewater, and the name and
employer or the person or persons performing each of said tasks. The log shall further
include a record of the placement of any approved or unapproved additive into the
grease interceptor, grease trap or building sewer on a constant, regular or scheduled
basis, including the type and amount of additive placed on each such occasion. Only
additives approved by the WRA director pursuant to section 100.168(c)(3) may be
used in a grease interceptor.
(b) Record Keeping. The log shall at all times be kept and maintained on a day-today basis, so as to show a record of waste and wastewater removal, waste and
wastewater disposal and approved additive placement for a continuous period of three
(3) years. All such records shall be kept secure at the premises of the FSE for a
continuous period of three years and shall be made available for non-routine
inspection by the city, the WRA and its operating contractor, or the employees and
agents of any of them at any time during normal business hours.
Sec. 100.170.
equipment.
Inspection of grease interceptors and related sewers and
The owner or operator of an FSE which is required to pass its wastewater through a
grease interceptor shall:
(1)
Provide, operate and maintain, at its expense, safe and accessible monitoring
facilities (such as a suitable manhole), and shall make such monitoring facilities available
for inspection, and for sampling and flow measurement of the building sewer or internal
drainage systems. There shall be ample room in or near such monitoring facility to allow
accurate sampling and preparation of samples for analysis.
(2)
Shall allow personnel authorized by the WRA director or by the city building
official or designee, bearing proper credentials and identification, to enter upon or into
any building, facility or property housing an FSE at any reasonable time and without
prior notification, for the purpose of inspection, observation, measurement, sampling,
testing or record review, in accordance with this division.
(3)
Shall, upon request by the WRA director’s authorized representative, open any
grease interceptor for the purpose of confirming that maintenance frequency is
appropriate, that all necessary parts of the installation are in place, including but not
limited to, baffles influent and effluent tees, and that all grease interceptors and related
equipment and piping is maintained in efficient operating condition.
(4)
Shall accommodate compliance inspections and sampling events by the
authorized representatives of the WRA director or of the city building official. Staff may
conduct routine inspections and sampling events of any food service establishment. Nonroutine inspection and sampling events shall occur more frequently when there is a
history of non-compliance with this division and when blockages occur in the city's
sanitary sewer system downstream of the FSE.
Sec. 100.171. Inspection Fees.
The fees for inspection of an FSE shall be as provided in section 100.47.
Sec. 100.172. Enforcement.
The WRA director is authorized to enforce this division as hereinafter provided. The city
building official or designee, or such other governmental official hereafter designated by
the WRA, is also authorized to enforce this division.
Sec. 100.173. Notice of violation - administrative penalties – corrective action order.
(a)
The director, or such other designated officers or officials with enforcement
authority as provided in section 100.172, are authorized to issue a notice of violation
imposing an administrative penalty upon any person who fails to perform an act required
by this division or who commits an act prohibited by this division. Such notice may
include a corrective action order requiring the user to take one or more of the following
corrective actions within thirty (30) days:
(1)
Conform to best management practices;
(2)
Submit copies of the grease interceptor maintenance log;
(3)
Develop, submit and implement a FOG compliance plan to be approved by the
director or designated enforcement official; or
(4)
Install a compliant grease interceptor.
(b)
The administrative penalty for such violations shall be as provided in the
schedule of administrative penalties adopted by the city council by resolution.
(c)
Notice of violation, with the applicable penalty for such violation noted
thereon, shall be issued to and served upon the violator. Service of the notice may be
by regular mail or by delivery in person.
(d)
Penalties assessed pursuant to notice of violation shall be paid by the violator
in full as directed in the notice within thirty (30) days of its issuance.
(e)
The administrative penalties set out in the schedule of administrative penalties
shall be charged in lieu of the fines and penalties provided for in section 100.174,
unless the violator refuses to correct the violation and pay the scheduled
administrative penalty, or the WRA director determines that immediate enforcement
action by misdemeanor or municipal infraction prosecution is, in view of the particular
circumstances of the case, necessary to achieve compliance with the requirements of
this article. A record of all violations, administrative penalties charged or other
enforcement actions taken shall be maintained by the WRA for a period of three years.
Sec. 100.174. Penalties.
(a)
Any person who fails to perform an act required by this division or who
commits an act prohibited by this division shall be guilty of a misdemeanor punishable
by fine or imprisonment or shall be guilty of a municipal infraction punishable by a
civil penalty.
(b)
Any person who fails to comply with a pretreatment standard applicable to an
FSE shall be guilty of a municipal infraction punishable by a civil penalty of not more
than one thousand dollars for each day the violation exists or continues, as provided by
section 364.22 of the Iowa Code.
(c)
When enforcement is sought through a municipal infraction proceeding, the
director, or such other designated officers or officials with enforcement authority as
provided in section 100.172, may enter into consent orders, assurances of voluntary
compliance or other similar documents establishing an agreement with the user
responsible for noncompliance. Such orders will include specific action to be taken by
the user to correct the noncompliance within a time period specified by the order.
Sec. 100.175.
Order to cease operation of FSE
(a)
Where a violation of this division has not been timely corrected, and results in or
threatens interference or pass through as herein defined, the WRA director, or such other
designated officers or officials with enforcement authority as provided in section
100.172, shall have the authority to issue an order in writing to the owner or operator of
the FSE, ordering such person or persons to cease and desist from further operation of the
FSE and from further discharge of wastewater to the sanitary sewer system. The order
shall be delivered by personal service unless the owner or operator cannot be found
within the city, in which event notice shall be by ordinary mail addressed to the owner’s
or operator’s last known address and by posting a copy of the notice in a conspicuous
place upon the premises of the FSE.
(b)
Operation of the FSE shall cease on the date stated in the order and shall not
recommence without the prior written approval of the WRA director.
(c)
The applicant may make a written request to the director for a reconsideration and
hearing on the cease and desist order within ten (10) days from the issuance of the order,
provided, however, that operation of the FSE shall cease pending the outcome of the
hearing.
(d)
The owner’s or operator’s request for hearing shall identify the appealing party,
include the address of the person requesting the hearing and to which all further notices
shall be mailed or served, and shall state the basis for the appeal.
(e)
The hearing shall be scheduled to be held as soon as practicable and no later than
fourteen (14) days after the request for hearing was filed with the WRA director. The
person requesting the hearing shall be notified in writing or by telephone of the date and
place of such hearing at least three (3) days in advance thereof. At such hearing the
director and the person requesting the hearing may be represented by counsel, examine
witnesses, and present evidence as necessary.
(f)
The determination by the director or by that the violation occurred shall be
considered a final administrative decision, unless appealed to the WRA.
Sec 100.176.
Appeal of corrective action order or cease and desist order.
(a)
Any person aggrieved by a corrective action order or a cease and desist order
issued by the WRA director or by such other designated officers or officials with
enforcement authority as provided in section 100.172, may, file an appeal and request a
ruling that such order be modified or rescinded.
(b)
Such appeal request shall be in writing, shall include the grounds for appeal
including any factual findings which are disputed, and shall be delivered to the WRA not
less than 10 days after the WRA director's issuance of the order. Such appeal request
shall be considered delivered when placed in the mail, return receipt requested,
addressed to:
WRA Appeal Committee
%Des Moines Metropolitan Wastewater Reclamation Authority
3000 Vandalia Road
Des Moines, Iowa 50326
(c)
The chair of the appeal committee shall schedule the appeal and shall cause
notice of the time, date and place of the hearing to be mailed to the appealing party.
Such appeal shall be decided by majority vote of the appeal committee. The appeal
committee may affirm, modify or rescind the order of the director and shall so state
and order in its written decision.
Sec. 100.177. Additional remedies.
The WRA or the city is not precluded from seeking alternative relief from the court,
including an order for abatement or injunctive relief or for recovery of investigational
or remedial costs resulting from a non-complying discharge, in the event that the
WRA or the city files a misdemeanor citation, notice of administrative penalty, and/or
files a municipal infraction for the same violation of this division.
Secs. 100.178 – 100.185. Reserved.
DIVISION 6. REGULATION OF HAULED WASTE
Sec. 100.186. Definitions.
The definitions found in sections 100.01 and 100.162 shall apply to the provisions of this
division, provided however that the following words, terms and phrases, when used in
this division, shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Vehicle means a device equipped with a tank and used to remove or transport waste.
Waste means human excreta, water, scum, sludge, septage, and food waste or grease
solids removed from public and private wastewater disposal systems, holding tanks,
impervious vaults, portable or chemical toilets, or from devices used to trap grease
resulting from food preparation. Waste also means liquid wastes resulting from spill
clean-up.
Sec. 100.187. License.
No waste hauler shall remove waste from within the city or shall dispose of waste,
whether from a source inside or outside the city into the POTW without first obtaining a
waste hauler license from the WRA, with the following exceptions:
(1)
WRA participating communities that operate vehicles to remove waste from their
sewer systems.
(2)
Waste haulers hired by WRA participating communities to remove waste from
their sewer systems and which bring no other wastes to the WRF.
(3)
Waste haulers utilized by industrial users issued a wastewater discharge permit by
the WRA.
(4)
Waste haulers granted temporary authorization by the WRA director in order to
deal with an emergency.
Sec. 100.188. Issuance of license.
The waste hauler's license shall be issued by the WRA director upon written application
that shall consist of the following minimum requirements:
(1) Inspection. The WRA director, upon application, shall inspect the trucks, hoses,
valves, and associated equipment of the applicant for a waste hauler's license and
determine if they meet the minimum qualifications for complying with the conditions of
this division.
(2)
License fee and bond. An application shall require the payment of a fee of
$60.00 for each vehicle used by the applicant and the posting of a bond with
reasonable surety in the penal sum of $10,000.00 for the faithful compliance with this
division, including prompt payment of fees, fines and damages. WRA participating
communities that contract with waste haulers in order to clean and rehabilitate storm
and sanitary sewers owned by the community or that own and operate waste hauling
vehicles may provide proof of self-insurance or provide a letter guaranteeing payment
of up to $10,000.00 in lieu of providing a surety bond.
(3)
Renewal. A waste hauler license shall expire on June 30 next after its issuance.
The renewal application must be made in the same manner as the initial application
and must be received by the director 30 days prior to expiration. Failure to apply 30
days prior to expiration may result in an interruption in the license and the privileges
of such license.
(4)
Transferability. Waste hauler licenses are not transferable.
Sec. 100.189. Standards for vehicles and equipment.
As to all vehicles and equipment used by a waste hauler, the licensee shall:
(1) Prevent waste and wastewater from leaking, spilling, or discharging onto roads
or rights-of-way.
(2)
Ensure proper construction and repair of the equipment to allow cleaning.
(3) Maintain vehicles and equipment in an essentially rust-free and sanitary
condition and appearance.
(4) Display the business name as it appears on the waste hauler license in threeinch or larger letters on the left and right sides of the vehicle.
Sec. 100.190. Disposal.
Hauled waste shall only be disposed at the WRF at the designated disposal station or
as authorized by the Iowa Department of Natural Resources for land application.
Waste haulers shall maintain the WRF designated disposal location in a clean and
orderly condition to avoid noxious odors and unsanitary conditions. Hours of
operation at the WRF disposal station shall be set by the WRA director. In the event
of emergency situations, special arrangements between the waste hauler and the WRA
director regarding disposal at an alternative disposal site shall be allowed to permit
response to such emergency. Any violation of an Iowa Department of Natural
Resources rule or regulation for land disposal of hauled wastes by a waste hauler shall
be grounds for rejection of a hauled waste load in section 100.194 by such waste
hauler or shall be grounds for denial, suspension and revocation of such waste hauler’s
license in section 100.199.
Sec. 100.191. Identification of source.
Waste haulers must document the nature and origin of wastes collected and the site and
method of disposal for wastes that are removed from any locations or are delivered to the
WRF. Such information shall be provided on a manifest form provided by the WRA
director. The manifest shall also include: (i) the name, address and phone number of the
waste generator, (ii) the type of waste collected, (iii) the approximate volume of the load,
(iv) any other information consistent with identification and tracking of wastes. The
WRA director or his or her designee shall have the right to verify all information required
by this section, including the right to measure, sample and analyze any waste regulated
by this division. The waste hauler shall obtain approval from the WRA director or his or
her designee prior to loading wastes originating from an industrial/commercial source
unless prior approval is on record with the WRA.
Sec. 100.192. Mixing wastes.
(a)
For the purposes of this division, wastes from residential and nonresidential
sources shall not be mixed. Wastes from an industrial/commercial source shall not be
mixed with wastes of any type from another location. Portable toilet and FSE grease trap
wastes may be mixed with similar wastes from different locations. Residential wastes
from several sources may be mixed as long as each source is identified.
(b)
Any tanks or equipment used for hauling waste to the WRF shall not be used for
hauling hazardous wastes or hazardous substances, as defined in I.C. § 567.1 et seq.,
chapter 131 of the Iowa Administrative Code and in 40 CFR 261, or other wastes
detrimental to the WRF.
Sec. 100.193. Standards of disposal at WRF.
Under this division, disposal of wastes at the WRF shall be carried out in accordance
with pretreatment standards and requirements established by federal, state, county and
city governments including categorical standards developed for the waste generator's
industrial category. The WRA director may reject wastes from waste haulers who do not
comply with this section or with any other section of this division. Waste haulers shall
not deliver wastes to the WRF, or to any other disposal location approved by the WRA
director which are:
(1)
Prohibited by section 100.37 or exceed the limits found in subsection
100.38(c)(4), sections 100.39 and 100.40 of this chapter.
(2)
Hazardous wastes or hazardous substances as defined in 40 CFR Part 261 or 567
I.A.C., Chapter 131.
(3)
Originate from mineral oil and grease traps unless first treated to remove the
oil and grease.
(4)
Not completely identified or are from industrial/ commercial sources that are
not approved by the director as required in section 100.191.
(5)
Mixed in a manner prohibited in section 100.192.
(6)
Wastes other than residential from outside the WRA, except through requests
to the director.
Sec. 100.194. Rejection of waste loads.
(a)
The WRA director may reject any hauled waste load that violates or is
suspected of violating the requirements of this division or that fails to meet any other
guidelines established by the WRA director to protect personnel, equipment, and the
WRF. Waste haulers must:
(1)
Remove rejected waste from the WRF.
(2)
Immediately remove any additional wastes contaminated by the rejected waste
while contained at the WRF prior to introduction into the sewer.
(3)
Properly dispose of all rejected wastes in accordance with state and federal
law.
(4)
Provide the WRA director with a written statement, signed by the waste hauler
license holder, stating the location, date, and time the rejected load was disposed of.
The statement is due within five calendar days after the waste is rejected.
(b)
A vehicle used to haul rejected wastes shall not thereafter be allowed to
dispose of additional wastes at the WRF until the statement required by this section is
delivered to the WRA director.
Sec. 100.195. Treatment fees for hauled wastes.
(a)
A treatment fee shall be charged per pound of hauled waste received at the
WRF for all wastes originating within WRA participating communities which are
treated through the headworks at the WRF using all treatment processes at the WRF,
which fee shall be equal to the cost of disposal and treatment of an equivalent volume
and mass of pollutants otherwise delivered into the POTW. The treatment fee shall
include: (1) the volume charge component, (2) a treatment surcharge component for
each pollutant as found in section 100.47 of this division, and (3) a program cost
component. The program cost component shall be calculated by dividing the annual
administrative costs of the waste hauler program by the total gallons of hauled
waste
treated in the previous calendar year. The surcharge component shall be calculated using
the average concentration of pollutants found in hauled wastes delivered to the
wastewater reclamation facility. The treatment surcharge and program cost components
shall be reviewed and updated annually based on the most recent data collected by the
operating agency.
The treatment fee for loads originating outside of the WRA
participating communities shall be 1.5 times the fee for loads originating within the
WRA participating communities.
(b)
A treatment fee shall be charged for hauled wastes originating within the WRA
participating communities which are treated using only a portion of the treatment
processes at the WRF, which fee shall be calculated to recover the cost of treatment. The
cost of treatment shall include electrical, chemical, personnel, and any capital costs
associated with the treatment processes utilized, and a program cost component which
shall be calculated by dividing the annual administrative costs of the waste hauler
program associated with partial process treatment by the total gallons of hauled waste
treated using only a portion of the treatment processes in the previous calendar year.
Treatment costs shall be reviewed and updated annually based on the most recent data
collected by the operating agency. The treatment fee for loads originating outside of the
WRA participating communities shall be 1.5 times the fee for loads originating within
the WRA participating communities.
(c)
Fees shall be computed and recorded at the disposal station and shall be paid by
the waste hauler on the basis of monthly billings by the operating contractor. Limits of
credit shall not exceed 60 days. Abuse of such credit shall be grounds for liability on the
waste hauler's bond and for refusal of disposal services to any waste hauler under this
division.
(d)
Waste haulers may elect to have their loads tested for actual concentration at their
expense as set out in section 100.47. When a waste hauler has elected to have loads
tested for actual concentration, the treatment fee will be based on the actual concentration
whether it be higher or lower than the average concentration treatment fee. Said testing
will be done at least once a month or more often as required by the WRA director.
Sec. 100.196. Enforcement.
The WRA director, the city building official, or such other governmental official
hereafter designated by the WRA, shall be authorized to enforce this division as
hereinafter provided.
Sec. 100.197. Notice of violation - administrative penalties – corrective action order.
(a)
The director, or such other designated officers or officials with enforcement
authority as provided in section 100.196, are authorized to issue a notice of violation
imposing an administrative penalty upon any person who fails to perform an act required
by this division or who commits an act prohibited by this division.
(b)
The administrative penalty for such violations shall be as provided in the
schedule of administrative penalties adopted by the city council by resolution.
(c)
Notice of violation, with the applicable penalty for such violation noted
thereon, shall be issued to and served upon the violator. Service of the notice may be
by regular mail or by delivery in person.
(d)
Penalties assessed pursuant to notice of violation shall be paid by the violator
in full as directed in the notice within thirty (30) days of its issuance.
(e)
The administrative penalties set out in the schedule of administrative penalties
shall be charged in lieu of the fines and penalties provided for in section 100.198,
unless the violator refuses to correct the violation and pay the scheduled
administrative penalty, or the WRA director determines that immediate enforcement
action by misdemeanor or municipal infraction prosecution is, in view of the particular
circumstances of the case, necessary to achieve compliance with the requirements of
this article. The WRA shall maintain a record of all violations, administrative penalties
charged or other enforcement actions taken.
Sec. 100.198 Penalties.
(a)
Any person who fails to perform an act required by this division or who
commits an act prohibited by this division shall be guilty of a misdemeanor punishable
by fine or imprisonment or shall be guilty of a municipal infraction punishable by a
civil penalty.
(b)
Any person who violates a discharge prohibition set forth in section 100.37, or
discharges in excess of local limits as set forth in section 100.38, shall be guilty of an
environmental violation punishable as provided by section (364.22) of the Iowa Code.
Sec. 100.199. Denial, suspension and revocation of license.
(a)
Grounds for denial, suspension or revocation of waste haulers license. The
WRA director may deny, suspend or revoke the waste hauler license of any
wastehauler who violates any provision of this division or any condition of its license,
or who commits any of the following violations, or who does not meet the following
requirements:
(1)
Violation of any term, condition or requirement of this division, the license, or
applicable state of Iowa or federal laws or regulations.
(2)
Obtaining a license by misrepresentation.
(3)
Falsification of, failure to complete or failure to fully disclose all relevant facts in
a license application.
(4)
Failure to pay fees, administrative penalties or fines.
(5)
Failure to report a spill to the WRA.
(6)
Using wash down water or otherwise diluting the permitted waste for the purpose
of meeting discharge limitations or requirements.
(7)
Falsification of, failure to complete or failure to fully disclose all relevant facts in
any report, manifest information or record required by the license or this division.
(8)
Tampering with samples or sampling equipment intended to accurately reflect the
contents of each hauled waste load.
(9)
Refusing to allow WRA personnel timely access to the wastehauler’s facility
premises, vehicles, or records.
(10) Failure to perform as required under a corrective action order or compliance
schedule issued by the WRA director.
(11) Failure to correct any violation of this division within 30 days after notice by the
WRA Director.
(12) Failure to immediately correct any violation of this division if the condition
constituting the violation is declared a threat to public health, safety or welfare by the
WRA director and the director orders immediate correction.
(b)
Procedure for denial, suspension or revocation of wastehauler's license. The
procedure for denial, suspension or revocation of a wastehauler’s license shall be as
follows:
(1)
Any license issued to a wastehauler pursuant to this division may be denied,
suspended or revoked by written order of the WRA director specifying the grounds for
such action as outlined in subsection (a) of this section, which order shall not take effect
until hearing thereon as hereafter provided. Upon determining that grounds exist for an
order to deny, suspend or revoke a wastehauler’s license, the WRA director shall cause a
notice of hearing to be prepared, specifying the violations of subsection (a) of this section
which are deemed to have occurred, and the time, date and place that such hearing will
be held. The notice shall be sent to the wastehauler by regular mail addressed to the
wastehauler’s address listed on the wastehauler’s license a minimum of ten days prior to
the date set for hearing, and shall be deemed delivered when placed in the mail.
(2)
If after such a hearing the WRA director makes a finding based on substantial
evidence that one or more violations under subsection (a) of this section have occurred
as alleged, the director may deny issuance of the license, suspend the license for a
fixed period, or may issue an order immediately revoking the license and ordering the
wastehauler to discontinue hauling waste to the WRF or any other disposal
locations
approved by the director. The determination whether to deny issuance of a license, to
suspend a license, or to revoke a license, shall be in the discretion of the director and
shall be dependent upon the circumstances surrounding the violations of subsection (a)
of this section and the severity of those violations. If the wastehauler does not appear
for the hearing, the director shall issue the order revoking the wastehauler’s license
and ordering the cessation of delivery of hauled waste at the WRF or any other
disposal locations approved by the director, which order shall take effect immediately.
(3)
The decision and order of the WRA director to deny issuance, to suspend or to
revoke the license of a wastehauler may be appealed to the WRA appeal committee.
Such appeal request shall be in writing, shall include the grounds for appeal including
any factual findings which are disputed, and shall be delivered to WRA not less than
10 days after the director's entry of the order of denial, suspension or revocation. Such
appeal request shall be considered delivered when placed in the mail, return receipt
requested, addressed to:
WRA Appeal Committee
%Des Moines Metropolitan Wastewater
Reclamation Authority
3000 Vandalia Road
Des Moines, Iowa 50326
The chair of the appeal committee shall schedule the appeal and shall cause notice of
the time, date and place of the hearing to be mailed to the appealing wastehauler.
Such appeal shall be decided by majority vote of the appeal committee. If the appeal
committee affirms the order of the WRA director denying issuance, suspending or
revoking the license and ordering the cessation of waste deliveries at the WRF or
other approved locations, the appeal committee shall so state and order in its written
decision.
(4) A wastehauler whose license has been denied or revoked shall not be eligible for
issuance or reinstatement of its license until 30 days after the violating conditions have
been corrected to the satisfaction of the director.
Sec. 100.200 Alternative Relief.
Neither the WRA nor the city is precluded from seeking alternative relief from the
court, including an order for abatement or injunctive relief, in the event that the WRA
or the city files a misdemeanor citation, notice of administrative penalty, and/or files a
municipal infraction for the same violation of this division, or in the event the WRA
seeks to deny, suspend or revoke the wastehauler's license.
CHAPTER 101
CONSTRUCTION SITE EROSION
AND SEDIMENT CONTROL
101.01
101.02
101.03
101.04
Findings
Application Procedure
Inspection Procedures
Stop Work Order
101.05
101.06
101.07
101.08
Monitoring Procedures
Enforcement
Performance Bond
Appeal
101.01 FINDINGS.
1.
The U.S. EPA’s National Pollutant Discharge Elimination System (“NPDES”)
permit program (Program) administered by the Iowa Department of Natural Resources
(“IDNR”) requires that cities meeting certain demographic and environmental impact
criteria obtain from the IDNR an NPDES permit for the discharge of storm water from a
Municipal Separate Storm Sewer System (MS4) (MS4 Permit). The City of Bondurant
(City) is subject to the Program and is required to obtain, and has obtained, an MS4
Permit; the City’s MS4 Permit is on file at the office of the City Clerk and is available for
public inspection during regular office hours.
2.
The Program requires certain individuals engaged in construction activities
(applicant or applicants) to submit an application to the IDNR for a State NPDES
General Permit #2. Notwithstanding any provision of this chapter, every applicant bears
final and complete responsibility for compliance with a State NPDES General Permit #2
and a City COSESCO Permit and any other requirement of State or Federal law or
administrative rule.
3.
As a condition of the City’s MS4 Permit, the City is obliged to undertake
responsibility for administration and enforcement of the Program by adopting a
CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL (COSESCO)
ordinance designed to achieve the following objectives:
A.
Any person, firm, sole proprietorship, partnership, corporation, state agency or
political subdivision (“applicant”) required by law or administrative rule to apply to the
IDNR for a State NPDES General Permit #2 shall also be required to obtain from the
City a CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL permit (City
COSESCO Permit) in addition to and not in lieu of the State NPDES General Permit #2
B.
The City shall have responsibility for inspection, monitoring and enforcement
procedures to promote applicants’ compliance with State NPDES General Permits #2 and
City COSESCO Permits
4.
No State or Federal funds have been made available to assist the City in
administering and enforcing the Program. Accordingly, the City shall fund its
application, inspection, monitoring and enforcement responsibilities entirely by fees
imposed on the owners of properties which are made subject to the Program by virtue of
State and Federal law, and/or other sources of funding established by a separate
ordinance.
5.
Terms used in this chapter shall have the meanings specified in the Program.
101.02 APPLICATION PROCEDURE.
1.
All persons required by law or administrative rule to obtain a State NPDES
General Permit #2 from the IDNR are required to obtain a City COSESCO Permit.
2.
Applications for City COSESCO Permits shall be made on forms approved by
the City that may be obtained from the Building Department.
3.
An applicant for a City COSESCO Permit shall pay fees as follows:
A.
A fee at the time of application in the amount of $150 plus $20 per acre for sites
over one acre
B.
For each inspection required by this chapter, the applicant shall pay an
inspection fee in the amount of $45 per hour
C.
Failure of the applicant to pay an inspection fee within thirty (30) days of
billing shall constitute a violation of this chapter
4.
An applicant in possession of a State NPDES General Permit #2 issued by the
IDNR shall immediately submit to the City three (3) full copies of the materials
described below as a basis for the City to determine whether to issue a City
COSESCO Permit:
A.
Applicant’s plans, specifications and supporting materials previously submitted
to the IDNR in support of applicant’s application for the State NPDES General Permit
#2
B.
Applicant’s authorizations issued pursuant to applicant’s State NPDES General
Permit #2
C.
A Storm Water Pollution Prevention Plan (SWPPP) prepared in accordance
with this chapter
5.
Every SWPPP submitted to the City in support of an application for a City
COSESCO Permit:
A.
Shall comply with all current minimum mandatory requirements for SWPPPs
promulgated by the IDNR in connection with issuance of a State NPDES General
Permit #2
B.
Shall, if the applicant is required by law to file a Joint Application Form,
PROTECTING IOWA WATERS, IOWA DEPARTMENT OF NATURAL
RESOURCES AND U.S. ARMY CORPS OF ENGINEERS, comply with all
mandatory minimum requirements pertaining to such applications
C.
Shall comply with all other applicable State or Federal permit requirements in
existence at the time of application
D.
Shall be prepared by a professional engineer licensed in the State of Iowa or
landscape architect or a professional in erosion and sediment control or a representative
of the local Soil and Water Conservation District, credentialed in a manner acceptable to
the City
E.
Shall include within the SWPPP a signed and dated certification by the NPDES
General Permit #2 permit holder that the SWPPP complies with all requirements of this
chapter and the applicant’s NPDES General Permit #2
6.
Issuance by the City of a City COSESCO Permit shall be a condition precedent
for the issuance of preliminary plat, site plan or City building permit approval.
7.
For so long as a construction site is subject to a State NPDES General Permit #2
or a City COSESCO Permit, the applicant shall provide the City with current information
as follows:
A.
The name, address and telephone number of the person on site designated by the
owner who is knowledgeable and experienced in erosion and sediment control and who
will oversee compliance with the State NPDES General Permit #2 and the City
COSESCO Permit
B.
The name(s), address(es) and telephone number(s) of the contractor(s) and/or
subcontractors(s) that will implement each erosion and sediment control measure
identified in the SWPPP
C.
Applicant’s failure to provide current information shall constitute a violation of
this chapter
8.
Developers can transfer State NPDES General Permit #2 and the City COSESCO
Permit responsibility to homebuilders, new lot owners, contractors and subcontractors. A
copy of the transfer document shall be provided to the City. Absent such written
confirmation of transfer of obligations, the developer remains responsible for compliance
on any lot that has been sold.
9.
Homebuilders, new lot owners, contractors and subcontractors which are copermittees under an existing SWPPP shall provide written documentation indicating they
are co-permittees including signatures by both the co-permittee and developer.
10.
Upon receipt of an application for a City COSESCO Permit, the City shall either
find that the application complies with this chapter and issue a City.
11.
Prior to the issuance of the building permit, the lot owner shall provide written
certification regarding their responsibility for sediment and erosion control on the
property as outlined in General Permit #2 and the SWPPP.
101.03 INSPECTION PROCEDURES.
1.
All inspections required under this chapter shall be conducted by the City
Administrator or designee, hereinafter referred to as the “enforcement officer.”
Inspections by the enforcement officer may be scheduled, or unannounced.
2.
Any applicant that is subject to the terms of the COSESCO shall allow the City
or an authorized representative of the City, upon the presentation of proper
identification, to enter upon applicant’s private property for inspection purposes.
3.
Applicant shall notify the City when all measures required by applicant’s
SWPPP have been accomplished on-site, whereupon the City shall conduct an initial
inspection for the purpose of determining compliance with this chapter, and shall
within a reasonable time thereafter report to the applicant either that compliance
appears to have been achieved, or that compliance has not been achieved, in which
case the City shall provide a bill of particulars identifying the conditions of
noncompliance. The applicant shall immediately commence corrective action and
shall complete such corrective action within forty-eight (48) hours of receiving the
City’s bill of particulars. For good cause shown, the City may extend the deadline for
taking corrective action. Failure to take corrective action in a timely manner shall
constitute a violation of this chapter.
4.
Construction shall not occur on the site at any time when the City has
identified conditions of noncompliance.
5.
Construction activities undertaken by an applicant prior to resolution of all
discrepancies specified in the bill of particulars shall constitute a violation of this
chapter.
6.
The City shall not be responsible for the direct or indirect consequences to the
applicant or to third parties for noncompliant conditions undetected by inspection.
101.04 STOP WORK ORDER.
1.
Authority. Whenever the enforcement officer finds any work
regulated by
this chapter being performed in a manner either contrary to the provisions of this
chapter or dangerous or unsafe, the enforcement officer is authorized to issue a stop
work order.
2.
Issuance. The stop work order shall be in writing and shall be given to the
owner of the property involved, or to the owner’s agent, or to the person doing the
work. Upon issuance of a stop work order, the cited work shall immediately cease.
The stop work order shall state the reason for the order, and the conditions under
which the cited work will be permitted to resume.
3.
Unlawful Continuance. Any person who shall continue any work after having
been served with a stop work order, except such work as the person is directed to
perform to remove a violation or unsafe condition, shall be subject to penalties as
stated in this chapter.
101.05 MONITORING PROCEDURES.
1.
At a minimum, the enforcement officer will perform quarterly inspections.
The quarterly inspections will be performed until the City receives a copy of the
Notice of Discontinuation by the Iowa Department of Natural Resources for NPDES
General Permit #2.
2.
Any third party may also report to the City site conditions which the third party
reasonably believes pose a risk of storm water discharge in a manner inconsistent with
applicant’s SWPPP, State NPDES General Permit #2 and/or City COSESCO Permit.
Permit holders found in noncompliance will be charged at a rate of $45 per hour for the
additional inspection. If the permit holder is found in compliance, the inspection fee will
be waived.
3.
Upon receiving a report pursuant to the previous subsections, the enforcement
officer shall conduct an inspection of the site as soon as reasonably possible and
thereafter shall provide the applicant with a bill of particulars identifying the conditions
of noncompliance. The applicant shall immediately commence corrective action and
shall complete such corrective action within forty-eight (48) hours of receiving the City’s
bill of particulars. For good cause shown, the City may extend the deadline for
completing corrective action. Failure to take corrective action in a timely manner shall
constitute a violation of this chapter, whereupon the enforcement officer shall
immediately commence enforcement actions specified in Section 148.06 below.
4.
Unless a report is made to the enforcement officer pursuant to the previous
subsections, the enforcement officer shall conduct at least one unannounced inspection
during the course of construction to monitor compliance with the State NPDES General
Permit #2 and the City COSESCO Permit. If the inspection discloses any significant
noncompliance, the enforcement officer shall provide the applicant with a bill of particulars
identifying the conditions of noncompliance. The applicant shall immediately commence
corrective action and shall complete such corrective action within forty-eight (48) hours of
receiving the City’s bill of particulars. For good cause shown, the City may extend the
deadline for completing corrective action. Failure to take corrective action in a timely
manner shall constitute a violation of this chapter, whereupon the enforcement officer shall
immediately commence enforcement actions specified in Section 148.06 below.
5.
The City shall not be responsible for the direct or indirect consequences to the
applicant or to third-parties for noncompliant conditions undetected by inspection.
101.06 ENFORCEMENT.
1.
Violation of any provision of this chapter may be enforced by civil action
including an action for injunctive relief. In any civil enforcement action, administrative
or judicial, the City shall be entitled to recover its attorneys’ fees and costs from a person
who is determined by a court of competent jurisdiction to have violated this chapter.
2.
Violation of any provision of this chapter may also be enforced as a municipal
infraction within the meaning of §364.22, pursuant to the City’s municipal infraction
ordinance.
3.
Enforcement pursuant to this section shall be undertaken by the enforcement
officer upon the advice and consent of the City Attorney.
101.07 PERFORMANCE BOND.
1.
In addition to the application for a City COSESCO Permit, the applicant may
be required to post security for compliance with all requirements imposed by the State
NPDES General Permit #2 and the City COSESCO Permit in such an amount as the
City may deem necessary.
2.
If the final plat is approved prior to the installation of public improvements, in
accordance with Chapter 175.05.5A, a performance bond shall be required to cover the
costs of the sediment and erosion control measures for the plat, if such protective
measures are not already in place.
3.
Acceptable forms of Performance Security include the following:
A.
Performance Bonds and Surety Bonds.
B.
Surety Bonds
4.
The application form signed by the applicant for a City COSESCO Permit
shall include the following commitment by the applicant: “In addition to the
performance security posted with this application, the undersigned applicant hereby
agrees to defend, indemnify and hold the City harmless from any and all claims,
damages or suits arising directly or indirectly out of any act of commission or
omission by the applicant, or any employee, agent, assign or contractor or
subcontractor of the applicant, in connection with applicant’s State NPDES General
Permit #2 and/or City COSESCO Permit.
5.
Upon filing and acknowledgement of the Notice of Discontinuation by the
Iowa Department of Natural Resources for NDPES General Permit #2 and a final
inspection by the City, the bond or any remaining funds shall be returned.
101.08 APPEAL. Administrative decisions by City staff and enforcement actions of
the enforcement officer, may be appealed by the applicant to the City Council
pursuant to the following rules:
1.
The appeal must be filed in writing with the City Clerk within twenty (20)
business days of the decision or enforcement action.
2.
The written appeal shall specify in detail the action appealed from, the errors
allegedly made by the enforcement officer giving rise to the appeal, a written
summary of all oral and written testimony the applicant intends to introduce at the
hearing, including the names and addresses of all witnesses the applicant intends to
call, copies of all documents the applicant intends to introduce at the hearing, and the
relief requested.
3.
The enforcement officer shall specify in writing the reasons for the
enforcement action, a written summary of all oral and written testimony the
enforcement officer intends to introduce at the hearing, including the names and
addresses of all witnesses the enforcement officer intends to call, and copies of all
documents the enforcement officer intends to introduce at the hearing.
4.
The City Clerk shall notify the applicant and the enforcement officer by ordinary
mail, and shall give public notice in accordance with Chapter 21, Iowa Code, of the date,
time and place for the regular or special meeting of the City Council at which the hearing
on the appeal shall occur. The hearing shall be scheduled for a date not less than four (4)
or more than twenty (20) days after the filing of the appeal. The rules of evidence and
procedure, and the standard of proof to be applied, shall be the same as provided by
Chapter 17A, Code of Iowa. The applicant may be represented by counsel at the
applicant’s expense. The enforcement officer may be represented by the City Attorney
or by an attorney designated by the City Council at City expense.
The decision of the City Council shall be rendered in writing and may be appealed to the
Iowa District Court.
(Ordinance No. 07-214)
CHAPTER 102
POST-CONSTRUCTION STORMWATER
MANAGEMENT
102.01 Purpose
102.02 Procedure for Post -Construction
102.03 Maintenance and Repair of Stormwater Utilities
102.04 Enforcement
102.01 PURPOSE.
1.
The U.S. EPA’s National Pollutant Discharge Elimination System (“NPDES”)
permit program (“Program”) administered by the Iowa Department of Natural
Resources (“IDNR”) requires that cities meeting certain demographic and
environmental impact criteria obtain from the IDNR and NPDES permit for the
discharge of stormwater from a Municipal Separate Storm Sewer System (MS4). The
City’s MS4 Permit is on file at the office of the City Clerk and is available for public
inspection during regular office hours.
2.
As a condition of the City’s MS4 Permit, the City is obliged to develop,
implement, and enforce a program to address stormwater runoff from new
construction and reconstruction projects for which State NPEDS General Permit #2
stormwater permit coverage is required, by adopting a POST-CONSTRUCTION
STORMWATER MANAGEMENT ORDINANCE designed:
a)
To require water quality and quantity components be considered in the design
of new construction and implemented when practical;
b)
To promote the use of stormwater detention and retention, grass swales, buffer
strips, and proper operation and maintenance of these facilities;
c)
To allow use of bio-retention swales and riparian buffers where
practical
and the soils and topography are suitable to ensure such measures will be effective in
accomplishing the purpose of the Ordinance;
d)
To prohibit construction activities from commencing until the plans for postconstruction runoff controls have been submitted to the City;
e)
To allow the City to have the ability to access private property for the purpose
of enforcement procedures to promote compliance with the State NPDES General
Permit #2, which require post-construction compliance by Applicants (“Applicants”)
3.
No state or federal funds have been made available to assist the City with
inspections, monitoring and/or enforcing the Program.
4.
Terms used in this Ordinance shall have the meanings specified as follows:
a)
“Applicant” means any person, firm, or entity applying for a permit to develop,
grade, or construct within the corporate limits of the City.
b)
Terms used in this chapter shall have the meaning specified in the Program.
102.02 PROCEDURE FOR POST-CONSTRUCTION.
1.
Each Applicant who is required to have coverage under General Permit No. 2 for
a site, shall install post-construction stormwater management facilities as set forth herein
and as approved by the City during site plan, platting, or construction plans.
2.
Each Applicant or its successor person(s) or entity shall be responsible for
maintaining all stormwater management facilities as approved by the City.
3.
For sites equal to or greater than one acre, each Applicant must provide to the
City as-built plans detailing dimensions and elevations as well as a certification that
stormwater management facilities were built as part of the approved development that
includes the site. For sites less than one acre that are part of a common plan of
development and for which the Applicant establishes that stormwater management
facilities were or will be built to address all properties (either collectively or individually)
within the development, each Applicant must provide to the City a copy of the Notice of
Discontinuation for General Permit No. 2 applicable to the property.
4.
Each Applicant must include in their site design those stormwater management
facilities that will convey drainage through the property to one or more detention and/or
treatment areas such that no development shall cause downstream property owners, water
courses, channels, or conduits to receive stormwater runoff from the proposed
development site at a peak flow rate greater than that allowed by the policy or standard in
effect at the time of approval of the development, unless such requirements are waived
by the City. Nothing contained herein, shall prohibit the City from changing the policies
or standards in the future, nor from requiring the site to comply with the new
requirements.
5.
Each Applicant shall comply with all other applicable City, state or federal permit
requirements as they apply to the City or to the property.
6.
At the discretion of the City, the applicant may satisfy the post-construction
stormwater management requirements by ensuring the conveyance of the stormwater
discharge from the property to a regional detention facility. For purposes of this
Ordinance, a “regional detention facility” shall be wet or dry detention basins, which are
designed to accept stormwater runoff from two or more sites that are required to obtain a
state NPDES General Permit No. 2 and that otherwise complies with all city, state,
or
federal permit requirements, as they apply to stormwater management requirements for
those sites.
102.03 MAINTENANCE AND REPAIR OF STORMWATER UTILITIES.
1.
Prior to the issuance of any permit that has a stormwater management facility
as one of the requirements of the permit, the Applicant or owner of the site must
execute a maintenance easement agreement that shall be binding on all subsequent
owners of land served by the stormwater management facility. The agreement shall
provide for access to the facility at reasonable times for periodic inspection by the
City, or its contractor or agent, to ensure that the facility is maintained in proper
working condition to meet design standards and any other provisions established by
this Ordinance. The easement agreement shall be recorded by the City in the land
records.
2.
Maintenance of all stormwater management facilities shall be ensured through
the creation of a formal maintenance covenant that must be approved by the City and
recorded into the land record at the time of final plat approval. As part of the
covenant, a schedule shall be developed for when and how often maintenance will
occur to ensure proper function of the stormwater management facility. The covenant
shall also include plans for periodic inspections by the Applicant, owner, or assigns to
ensure proper performance of the facility.
3.
The City shall be permitted to enter and inspect any property subject to
regulation under this section as often as is necessary to document maintenance and
repair needs and determine compliance with the requirements of this Ordinance. If a
Responsible Party owning, controlling or possessing a property has security measures
that require identification and clearance before entry to its property, such Responsible
Party shall make the necessary arrangements to allow access by the City. By way of
specification but not limitation:
a)
A Responsible Party shall allow the City reading access to all parts of the
property for purposes of inspection, examination, and copying of records related to
compliance with this Ordinance.
b)
Any temporary or permanent obstruction that obstructs the safe and easy
access to property to be inspected and shall be promptly removed by the Responsible
Party at the written or oral order of the City and shall not be replaced. The costs of
clearing such access shall be borne by the Responsible Party.
c)
An unreasonable delay in allowing the City to access to a property is a violation
of this chapter.
4.
Parties responsible for the operation and maintenance of a stormwater
management facility, shall make records of the installation and of all maintenance and
repairs, and shall retain said records. Copies of the as-built plans and records of all
self inspections, maintenance, and repairs, shall be kept on-site and shall be made
available to the City during inspection of the facility and at other reasonable times
upon request.
5.
In the event that a stormwater management facility is found by the City to be noncompliant with the plans as submitted and approved or is found to be in need of
maintenance, the Responsible Party will be notified in writing of such deficiencies.
Upon receipt of such notice, the responsible party shall have fifteen (15) days to correct
such deficiencies. After proper notice and if the Responsible Party fails to make the
repairs or perform the maintenance, the City may have such work performed and assess
the owner(s) of the facility for the cost of repair work and any penalties; and the cost of
the work shall be a lien on the property, or prorated against the beneficial users of the
property, and may be placed on the tax bill and collected as ordinary taxes by the City.
In addition, easements and covenants recorded upon the applicant’s property, shall
provide mechanisms for the establishment of a lien by the City for any and all costs
incurred by the City pursuant to this chapter to aid in efficient and cost effective
collection of sums so expended, including, but not limited to attorney’s fees associated
with collection.
102.04 ENFORCEMENT.
1.
Violations of any provision of this chapter may be enforced by civil action
including an action for injunctive relief. In any civil enforcement action, administrative
or judicial, the City shall be entitled to recover its attorney fees and costs from a person
who is determined by a court of competent jurisdiction to have violated this chapter.
2.
Violation of any provision of this chapter may also be enforced as a municipal
infraction with the meaning of Section 364.22 of the Iowa Code or Chapter 4 of the
Bondurant City Code.
3.
Enforcement pursuant to this section, shall be undertaken by the City
Administrator upon the advice and consent of the City Attorney.
CHAPTER 103
STORMWATER UTILITY
103.01
103.02
103.03
104.04
Purpose
Stormwater Utility Rates
Property Subject to Stormwater Utility Charge
Billing
103.05 Appeals Concerning Fees
103.06 Lien
103.07 Discontinuance of Service
103.01 PURPOSE. The purpose of this chapter is to establish a Stormwater Utility
to protect the public health, safety, and welfare of the residents of Bondurant from
damage caused by stormwater runoff and floods by reduction, control, and prevention
of the discharge of pollutants to the City’s stormwater utility system. The Stormwater
Utility shall be responsible for the City’s stormwater infrastructure and management
of the infrastructure and facilities. The Stormwater Utility shall be responsible for
collecting revenue to directly support operation, maintenance, and construction of
stormwater utility infrastructure.
Some specific stormwater management services that the Stormwater Utility is
responsible for include:
•
•
Planning, developing, administering, inspecting, and enforcing a federally
mandated stormwater program that is required by USEPA’s Phase II of the
National Pollutant Discharge Elimination System (NPDES) program.
Preventing harmful pollutants from being washed into local streams and rivers
by stormwater runoff as required by USEPA.
•
•
•
•
Keeping public streets drained and cleared to make travel safe and minimize
flood hazards.
Making necessary repairs of or replacing aging Stormwater Utility
infrastructure including stormwater inlets, pipes, manholes, culverts, and other
structures to safely collect and convey stormwater through all parts of the City.
Making repairs to public ditches and drainage ways to reduce erosion and loss
of property.
Conducting ongoing inspection and maintenance to mitigate existing and future
problems.
The Stormwater Utility shall function as a self-supported “Enterprise Fund” in the
City budget and accounting system, separate and apart from the City’s General Fund,
for purpose of dedicating and protecting all funding applicable to the Stormwater
Utility’s operation, maintenance, and capital financing costs. No revenues generated
by the stormwater utility user fee shall be used for any purpose other than stormwater
management expenses.
103.02 STORMWATER UTILITY RATES. All property owners and residents in the
City benefit from a stormwater management program. All property owners receive
indirect benefits from a properly constructed, maintained, and operated stormwater
management system for the entire City which is on public property.
Bondurant’s public stormwater infrastructure conveys rain and snowmelt runoff from
developed properties. The major contributing factor in water pollution and erosion is the
amount of runoff. Impervious area on developed properties increases the amount of
runoff, which in turn increases the necessary size of pipes, structures, basins, and other
facilities.
An impervious surface is any constructed surface that inhibits the natural infiltration of
stormwater into the soil. Common impervious areas include, but are not limited to,
constructed surfaces, including pavement (asphalt, concrete, brick, compacted gravel,
etc.), sidewalks, rooftops, and non-wooden decks and patios, and other surfaces that
prevent or impede the natural infiltration of stormwater runoff that existed prior to
development.
The stormwater rate structure utilizes a property’s impervious surface area for assessing
the stormwater charge. A unit of impervious surface area on an average single-family,
residential property, or “equivalent residential unit (ERU),” is the quantity used for
assessing stormwater charges. One ERU equals two thousand, four hundred fifty (2,450)
square feet of impervious area for the City of Bondurant.
Every owner of developed property within the corporate limits of the City of Bondurant
shall pay a monthly Stormwater Utility charge that is calculated based on the following
method:
•
Single-family residential customers and duplexes with gross property area less
than or equal to two (2) acres will be assigned one ERU and assessed a stormwater
charge that is equivalent to one ERU unit rate per month.
•
All other developed properties shall be assigned a number of ERUs based upon
the property’s individually measured impervious area (in square feet) divided by
one ERU, or 2,450 square feet, and rounding up to the nearest integer. The
monthly stormwater charge assessed to each of these properties is the number of
ERUs times the ERU unit rate.
•
Stormwater charges for new residential customers with gross property area greater
than two (2) acres or non-residential developments shall be based on field
measurements of impervious areas.
Commencing on July 01, 2010, and continuing thereafter, the monthly unit rate shall be
$2.50 per ERU.
103.03 PROPERTY SUBJECT TO STORMWATER UTILITY CHARGE. All
developed property located within the City of Bondurant, whether publicly or privately
owned and whether subject to or exempt from real property taxation, shall be subject
to
the stormwater utility charges established and set forth under this chapter, with the
following exceptions:
(1)
Street, highway and railroad right-of-way;
(2)
Undeveloped property (i.e. no structures, pavement, or other impervious
area on the lot of record).
103.04 BILLING. The billing for stormwater utility service charges shall be
combined with the monthly billing for other City of Bondurant utility services. The
basis for the billing shall be the Stormwater Rate Study dated May 2010, or future
studies that update this study, as well as measured impervious areas as part of said
study.
As part of the Building Permit process, property owners shall coordinate with the
City’s Building Inspection and Engineering Staff when impervious areas change on
the owner’s property due to construction or demolition to ensure that the City
Administrator can maintain up-to-date records of impervious areas for use by the
Finance Department in determining proper Stormwater Utility billing.
103.05 APPEALS CONCERNING FEES. An owner or occupant of non-residential
property aggrieved by the initial or any subsequent determination of the total
impervious area of such property, calculation of the stormwater utility charge for such
property, or allocation of such charge among occupants may appeal such calculations
and allocation to the City Administrator. Such appeal shall be in writing and shall
state the reason and basis for the appeal. In the case of utility charge appeals, the
appeal shall include a survey prepared by a licensed Iowa land surveyor or licensed
professional engineer containing information on the total property area and impervious
surface area. The City Administrator shall consider the appeal and make a written
determination thereon, with such written determination provided to the property owner
or occupant making or filing the appeal. If the property owner or occupant is not
satisfied with the written determination of the City Administrator, the property owner
or occupant may then request in writing that the property owner's or occupant’s appeal
be heard and decided by the City Council. Such written request for City Council
review shall be filed with the City Clerk within ten (10) days of the property owner's
or occupant’s receipt of the written determination from the City Administrator. The
decision of the City Council shall be final in such appeals. In case of a successful
appeal by the property owner or occupant, said property owner or occupant shall be
entitled to no more than one (1) year of refunds or recoveries of fees paid prior to the
appeal.
103.06 LIEN. The owner of the premises served shall be liable for stormwater
service charges to the premises. Stormwater Utility charges remaining unpaid and
delinquent shall constitute a lien upon the premises served and shall be certified by the
City Administrator to the County Treasurer for collection in the same manner as
property taxes.
103.07 DISCONTINUANCE OF SERVICE. After giving reasonable notice, the City
Administrator may discontinue water service to any customer who has failed to pay the
amounts due and owing under this chapter and who has not contested the payment in
good faith.
(Ordinance No. 10-206)
CHAPTER 105
SOLID WASTE CONTROL
105.01 Purpose
105.07 Littering Prohibited
105.02
105.03
105.04
105.05
105.06
105.08
105.09
105.10
105.11
105.12
105.13
Definitions
Sanitary Disposal Required
Health and Fire Hazard
Open Burning Restricted
Separation of Yard Waste Required
Open Dumping Prohibited
Toxic and Hazardous Waste
Waste Storage Containers
Prohibited Practices
Sanitary Disposal Project Designated
Recycling Program
105.01 PURPOSE. The purpose of the chapters in this Code of Ordinances pertaining
to Solid Waste Control is to provide for the sanitary storage, collection and disposal of
solid waste and, thereby, to protect the citizens of the City from such hazards to their
health, safety and welfare as may result from the uncontrolled disposal of solid waste.
105.02 DEFINITIONS. For use in these chapters the following terms are defined:
1.
“Collector” means any person authorized to gather solid waste from public and
private places.
2.
“Director” means the director of the State Department of Natural Resources or any
designee.
(Code of Iowa, Sec. 455B.101[2b])
3.
“Discard” means to place, cause to be placed, throw, deposit or drop.
(Code of Iowa, Sec. 455B.361[2])
4.
“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.
5.
“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 byproducts, and includes all such substances from all public and private establishments and
from all residences.
(IAC, 567-100.2)
6.
“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])
7.
“Litter” means any garbage, rubbish, trash, refuse, waste materials or debris.
(Code of Iowa, Sec. 455B.361[1])
8.
“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.
9.
“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)
10. “Residential premises” means a single-family dwelling and any multiple-family
dwelling up to and including two (2) separate dwelling units.
11. “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])
12. “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)
13. “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)
14. “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.
(Code of Iowa, Sec. 455B.301)
15. “Solid waste” means garbage, refuse, rubbish, and other similar discarded solid
or semisolid materials, including but not limited to such materials resulting from
industrial, commercial, agricultural, and domestic activities. Solid waste may include
vehicles, as defined by subsection one of Section 321.1 of the Code of Iowa.
(Code of Iowa, Sec. 455B.301)
105.03 SANITARY DISPOSAL REQUIRED. It is the duty of each owner to
provide for the sanitary disposal of all refuse accumulating on the owner’s premises
before it becomes a nuisance. Any such accumulation remaining on any premises for
a period of more than thirty (30) days shall be deemed a nuisance and the City may
proceed to abate such nuisances in accordance with the provisions of Chapter 50 or by
initiating proper action in district court.
(Code of Iowa, Ch. 657)
105.04 HEALTH AND FIRE HAZARD. It is unlawful for any person to permit to
accumulate on any premises, improved or vacant, or on any public place, such quantities
of solid waste that constitute a health, sanitation or fire hazard.
105.05 OPEN BURNING RESTRICTED. No person shall allow, cause or permit
open burning of combustible materials where the products of combustion are emitted into
the open air; 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.
(IAC, 567-23.2[3a])
2.
Recreational Fires. Indoor or outdoor fireplaces or barbecue grills used solely for
entertainment purposes or the preparation of food for human consumption. Said
fireplaces or barbeque grills shall burn only unprocessed wood products, charcoal,
propane, and/or natural gas and have provisions for under-fire air for holding an outdoor
fire off the ground.
3.
Training Fires. Fires set for the purpose of bona fide training of public or
industrial employees in fire fighting methods, provided that the training fires are
conducted in compliance with rules established by the State Department of Natural
Resources.
(IAC, 567-23.2[3g])
4.
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])
5.
Variance. Any person wishing to conduct open burning of materials not permitted
herein may make application for a variance to the Fire Chief.
(IAC, 567-23.2[2])
(Ordinance No. 04-214)
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 on the premises, burned on the premises in accordance
with Section 105.05 (2) of this chapter or placed in acceptable containers with a City
yard waste sticker attached thereto and set out for collection. 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)
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, unless a special permit to dump or deposit solid waste on
land owned or leased by such person has been obtained from the Director. 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. 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.
following specifications:
Waste storage containers shall comply with the
A.
Residential. Residential waste containers, whether they be reusable, portable
containers or heavy-duty disposable garbage bags, shall be of sufficient capacity, and
leakproof and waterproof. The total weight of any container and contents shall not
exceed fifty (50) pounds. Disposable containers shall be securely fastened, and
reusable containers shall be fitted with a fly-tight lid which shall be kept in place
except when depositing or removing the contents of the container. Reusable
containers shall also be lightweight and of sturdy construction and shall have suitable
lifting devices.
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 at the curb or alley line by the owner or occupant of
the premises served. Containers or other solid waste placed at the curb line shall not be
so placed more than twelve (12) hours in advance of the regularly scheduled collection
day and shall be promptly removed from the curb line following collection.
4.
Nonconforming Containers. Solid waste containers which are not adequate will be
collected together with their contents and disposed of after due notice to the owner.
105.11 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.
105.12 SANITARY DISPOSAL PROJECT DESIGNATED. The sanitary landfill
facilities operated by Metro Waste Authority are hereby designated as the official “Public
Sanitary Disposal Project” for the disposal of solid waste produced or originating within
the City.
105.13 RECYCLING PROGRAM. The collection of recyclable materials from
residential premises shall be provided in accordance with an agreement entered into with
the Metro Waste Authority and in accordance with the rules and regulations of the
recycling program as established by the Metro Waste Authority. Recyclables shall be
separated by the owner or occupant from all other solid waste, shall be prepared in
accordance with said rules and regulations and placed in recycling containers supplied by
the Metro Waste Authority and set out for collection.
CHAPTER 106
COLLECTION OF SOLID WASTE
106.01
106.02
106.03
106.04
106.05
Collection Service
Collection Vehicles
Loading
Frequency of Collection
Bulky Rubbish
106.06
106.07
106.08
106.09
106.10
Right of Entry
Contract Requirements
Collector’s License
Collection Fees
Lien for Nonpayment
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 therefore established by the Council and hauler.
106.06 RIGHT OF ENTRY. Solid waste collectors are hereby authorized to enter
upon private property for the purpose of collecting solid waste therefrom as required by
this chapter; however, solid waste collectors shall not enter dwelling units or other
residential buildings.
106.07 CONTRACT REQUIREMENTS. No person shall engage in the business of
collecting, transporting, processing or disposing of solid waste 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 City Administrator 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
therefore, 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
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 accordance with the fee schedule established by
resolution of the Council, 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 City Administrator 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 City Administrator with a current listing of vehicles, equipment and facilities in use.
6.
License Not Transferable.
transferred to another person.
No license authorized by this chapter may be
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 therefore in accordance with the following:
(Goreham vs. Des Moines, 1970, 179 NW 2nd, 449)
1.
Schedule of Fees. The fees for solid waste collection and disposal service, used or
available, are:
A.
For each residential premises and for each dwelling unit of a multiplefamily dwelling for either a 64 or 96 gallon toter - $6.95 per month, per toter
B.
For each residential premises and for each dwelling of a multi-family
dwelling for a 32 gallon toter - $5.95 per month, per toter
C.
Qualified elderly individuals for a 32 gallon toter - $5.51 per month, per
toter
D.
Recycling Fee - $2.40 per month
(Ordinance No. 03-214)
(Ordinance No. 05-200)
(Ordinance No. 05-208)
(Ordinance No. 06-209)
(Ordinance No. 09-200)
(Ordinance No. 09-217)
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 City Administrator to the
County Treasurer for collection in the same manner as property taxes.
(Code of Iowa, Sec. 384.84)
CHAPTER 110
NATURAL GAS FRANCHISE
110.01 Franchise Granted
110.02 Regulatory Power of City
110.01 FRANCHISE GRANTED. Mid-American Energy Company, a corporation,
its successors or assigns are hereby granted and vested with the right, franchise and
privilege for a period of twenty-five (25) years from and after the adoption and approval
of the ordinance codified by this chapter†, as provided by law, to acquire, construct,
operate and maintain in the City the necessary facilities for the production, distribution,
transmission and sale of gas for public and private use and to construct and maintain
along, upon, across, and under the streets, highways, avenues, alleys, bridges and public
places the necessary fixtures and equipment for such purposes.
110.02 REGULATORY POWER OF CITY. The franchise shall not be exclusive
and shall not restrict in any manner the right of the Council or any other governing body
of the City in the exercise of any regulatory power which it may now have or hereafter be
authorized or permitted by the laws of the State.
†
EDITOR’S NOTE: An ordinance adopting a natural gas franchise for the City was passed and
adopted on May 1, 1978.
CHAPTER 111
ELECTRIC FRANCHISE
111.01 Franchise Granted
111.02 Regulatory Power of City
111.01 FRANCHISE GRANTED. Mid-American Energy Company, a corporation, its
successors or assigns are hereby granted and vested with the right, franchise and
privilege for a period of nineteen (19) years from and after the adoption and approval of
the ordinance codified by this chapter†, as provided by law, to acquire, construct, operate
and maintain in the City the necessary facilities for the production, distribution,
transmission and sale of electric energy for public and private use and to construct and
maintain along, upon, across, and under the streets, highways, avenues, alleys, bridges
and public places the necessary fixtures and equipment for such purposes.
(Ordinance No. 09-215)
111.02 REGULATORY POWER OF CITY. The franchise shall not be exclusive and
shall not restrict in any manner the right of the City Council or any other governing body
of the City in the exercise of any regulatory power which it may now have or hereafter be
authorized or permitted by the laws of the State.
†
EDITOR’S NOTE: Ordinance No. 167, adopting an electric franchise for the City, was passed and
adopted on August 6, 1984.
CHAPTER 112
CABLE TELEVISION FRANCHISE AND
REGULATIONS
112.01
112.02
112.03
112.04
112.05
112.06
112.07
112.08
112.09
112.10
112.11
112.12
112.13
Terms
Term of Franchise
Effective Date of Franchise
Compliance to Cable Franchise Regulatory Ord.
System Design
System Improvements
Franchise Fee
Free Service to Public Buildings
Service Area
Franchise Nonexclusive
Other Authorizations
Police Power
Transfer of Franchise
112.14
112.15
112.16
112.17
112.18
112.19
112.20
112.21
112.22
112.23
112.24
112.25
Annual Report
Enforcement of Franchise
Termination of Franchise
Impossibility of Performance
Indemnification
Insurance
Faithful Performance Bond
Severability
Reservation of Rights
Adoption
Conflicting Ordinances Appeal
Notices
FRANCHISE AGREEMENT
This Franchise Agreement (this 'Franchise') is between the City of Bondurant, hereinafter
referred to as "Franchising Authority" or “City” or “Grantor” and MCC Iowa LLC,
hereinafter referred to as "Grantee."
The Franchising Authority, having determined that the financial, legal, and technical
ability of the Grantee is reasonably sufficient to provide services, facilities, and
equipment necessary to meet the future cable-related needs of the community, desires to
enter into this Franchise Agreement with the Grantee for the construction and operation
of a Cable System on the terms set forth herein.
112.01 TERMS. For the purpose of this Franchise, the following terms, phrases, words,
and abbreviations shall have the meanings ascribed to them below. When not
inconsistent with the context, words used in the present tense shall include the future
tense and words in the plural number shall include the singular number, and words in the
singular number shall include the plural number:
A.
"Basic Cable" is the lowest priced tier of service that includes the retransmission
of local broadcast television signals and any public, educational and governmental access
channels.
B.
"Cable Act" collectively means the Cable Communications Policy Act of 1984
and the Cable Television Consumer Protection and Competition Act of 1992, and
the Telecommunications Act of 1996, as amended
C.
"Cable Operator" shall be defined as the same definition used in the Cable
Act.
D.
"Cable Service" shall be defined as the same definition used in the Cable
Act.
E.
“Cable System “ shall be defined as the same definition used in the Cable Act.
F.
“City” means the City of Bondurant and the geographical area within the
corporate boundaries of the City.
G.
"FCC" means Federal
governmental entity thereto.
Communications
Commission,
or
successor
H.
"Franchise" shall mean the initial authorization, or renewal thereof, issued by
the Franchising Authority, whether such authorization is designated as a franchise,
permit, license, resolution, contract, certificate, or otherwise, which authorizes
construction and operation of the Cable System.
I.
"Franchising Authority" or “Grantor” means the City Council of the City of
Bondurant or the lawful successor, transferee, or assignee thereof.
J.
"Grantee" means MCC Iowa LLC or the lawful successor, transferee, or
assignee thereof.
K.
"Gross Revenues" mean any and all revenue received by the Grantee from the
operation of the Cable System to provide cable service to Subscribers in the Service
Area, provided, however, that such phrase shall not include any fees or franchise fees
or taxes 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.
L.
"Headend" shall mean the land, electronic processing equipment, antennas,
tower, building, and other appurtenances normally associated with and located at the
starting point of a cable system.
M.
"House drop" or “drop” means a cable that connects each building or home to
the nearest feeder line of the cable network.
N.
"Normal Business Hours" means those hours during which most similar
businesses in the community are open to serve subscribers. In all cases, "Normal
Business Hours", as a minimum, shall mean those hours when the Bondurant City Hall
is open to serve citizens.
O.
"Normal Operating Conditions" shall mean those service conditions, which are
within the control of the Grantee. Those conditions, which are not within the control
of the Grantee include, but are not limited to, natural disasters, strikes, civil
disturbances, power outages, telephone network outages, and severe or unusual
weather conditions. Those conditions, which are ordinarily within the control of the
Grantee include, but
are not limited to, special promotions, pay-per-view events, rate increases, regular peak
or seasonal demand periods, and maintenance or upgrade of the Cable System.
P.
"Outlet" shall mean the point of connection of the cable or wire to a television.
Q.
"Person" means an individual, partnership, association, joint stock company, trust,
corporation or governmental entity.
R.
"Private Property" means all property, real, personal or mixed, owned by a private
person, including property owned by a public utility not owned or operated by the City.
S.
"Property of the Grantee" means all property, real, personal or mixed, owned or
used by the Grantee, however arising from or related to or connected with the franchise.
T.
"Public access channel" means channel capacity designated for non-commercial
public access use.
U.
"Public Property" means all property, real, personal or mixed, owned or used by
the City, including property owned or used by a public utility owned or operated by the
City.
V.
"Public Way" shall mean 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 Franchising Authority in the Service Area which
shall entitle the Franchising Authority and the Grantee to the use thereof for the purpose
of installing, operating, repairing, and maintaining the system. Public Way shall also
mean any easement now or hereafter held by the Franchising Authority within the service
area for the purpose of public travel, or for utility or public service use dedicated for
compatible uses, and shall include other easements or rights-of-way as shall within their
proper use and meaning entitle the Franchising Authority and the Grantee to the use
thereof for the purposes of installing and operating the Grantee's Cable System 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.
W.
"Service Area" means the present municipal boundaries of the Franchising
Authority.
X.
"Service Interruption" means the loss of video or audio on one or more channels.
Y.
"Service tier" means a category of cable service or other services provided by a
cable operator and for which a separate rate is charged by the cable operator.
Z.
"Shall" and "will" are mandatory; "may" is permissive.
AA. "Subscriber" means a person or user of the system who lawfully receives
communications and other services therefrom.
112.02 TERM OF FRANCHISE. MCC Iowa LLC, its successors and assignees are
hereby granted a renewal of their non-exclusive right, franchise and authority for a
period of seven (7) years to erect, maintain, and operate a Cable System in Bondurant,
and to sell and supply individuals, firms and corporations within the corporate limits
of the City of Bondurant, Iowa, cable service and other services in, along, among,
upon, across, above, over, under, or in any manner connected with public ways within
the service areas 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, subject to the conditions and restrictions provided and
subject to the Cable Franchise Regulatory Ordinance, passed and adopted on July 16,
2007 and all applicable law of the State of Iowa and United States of America.
112.03 EFFECTIVE DATE OF FRANCHISE. This Franchise and all rights there
under shall become effective after final passage and publication and subject to
Grantee’s acceptance thereof. Within sixty (60) days after final passage and adoption
of this franchise renewal, the Grantee shall file with the Clerk an acceptance in writing
of this franchise renewal and pay all publication costs as required under the laws of the
State of Iowa.
112.04 COMPLIANCE TO CABLE FRANCHISE REGULATORY
ORDINANCE. The Grantee shall comply with all of the conditions and provisions of
the Cable Franchise Regulatory Ordinance passed and adopted on July 16, 2007,
unless an exemption or modification is so specified in this Franchise Agreement. In
the event of a conflict of ambiguity between the Franchise Agreement and the
Regulatory Ordinance, the terms of the Franchise Agreement shall control.
The Grantee shall be exempted from compliance with the following sections of the
Cable Franchise Regulatory Ordinance:
2.5
4.5
8.8
Application for Franchise
Access Equipment and Facility Fee
Security Fund
No future transferees or assigns of this franchise, other than entities controlled by
Mediacom Communications Corporation, including MCC Iowa LLC, shall be so exempt.
112.05 SYSTEM DESIGN.
A.
As of the effective date of this franchise, the Grantee will make available a
minimum of seventy-seven, (77) channels of programming.
B.
The system will be designed so as to be two-way capable, and will be constructed
in a manner that will meet or exceed FCC specifications.
C.
The Grantee shall provide for the installation and operation of an emergency alert
override system pursuant to FCC regulations. The emergency alert shall have an
emergency power service and shall be tested on a monthly basis.
D.
The Grantee shall provide an “upstream capability” to allow live broadcast on
the education and government channel from City Hall or the Public Library no
later than one year following written request to provide the channel from the Grantor to
the Grantee. If the Grantee makes either City Hall or the Public Library capable of
originating access programming, the Grantor may request the alternate site provided that
all costs for equipment and facilities to activate the site including modulators and other
electronics shall be the responsibility of the Grantor.
E.
The Grantee will provide one channel to be used for educational and
governmental access if requested by the Grantor as required by Section D above. The
Grantee will activate this channel from the Bondurant City Hall and purchase all of the
necessary equipment and modulators to activate the return.
112.06 SYSTEM IMPROVEMENTS. The Cable System shall be operated in
accordance with performance standards which meet or exceed FCC regulations. The
Cable System shall include or provide:
A.
Pay-per-view or similar on-demand capabilities.
B.
Conversion. Subscribers shall not be charged by Grantee for conversion from the
existing Cable System to new Cable System. Grantee will notify subscribers and
the public in general of any cutover, using at least two of the following: bill stuffers;
direct mail; news releases; radio announcements; CSR t raining; and community bulletin
board announcements.
C.
Drop Maintenance. Grantee shall maintain and replace Subscriber drop during its
normal operation of the Cable System that do not meet the standards of the National
Electric Code. The cable system shall be designed to allow each subscriber drop to
provide service to three (3) television outlets.
D.
Temporary Drops. Temporary drops shall be buried within two months of
installation, except during the winter months, which shall be defined as November15th
to April 1st. In the event that the Grantee fails to bury any cable drops, within the
two-month period, the Grantee shall provide basic and expanded basic cable service
without charge to the affected cable subscriber from the last date that the drop was to
have been buried to that actual date that it is buried.
E.
Channel Card. The Grantee shall distribute to all subscribers via direct mail or
bill stuffers no less than annually an accurate and up-to-date channel card listing the
cable channels and services available over the Cable System. A revised channel card
shall be distributed via a newspaper of record within thirty (30) days after a change or
an addition in channels or services offered affecting two (2) or fewer analog channels.
Whenever changes in channels or services have affected three or more analog
channels since the last channel card distributed via direct mail or bill
stuffers,
then a new channel card shall be distributed to every subscriber within
thirty (30)
days via direct mail or bill stuffers.
112.07 FRANCHISE FEE.
A.
Franchise Fee Payment. In consideration for the use of the streets andpublic
ways of the City for the construction, operation, maintenance, and reconstruction of a
Cable System within the City, the Grantee shall pay to the Grantor a franchise fee of
five percent (5%) on the Grantee's Gross Revenues as defined in Section 1 of this
Agreement.
B.
Quarterly Payments. Payment due to the Grantor under the Franchise
Agreement shall be made quarterly at the City Clerk's office not later than fortyfive(45) days following March 31, June 30, September 30 and December 31 of each
year. Any fee not paid when due shall bear interest at a rate of one and one-half
percent (1 1/2%) per month from the date due. Each payment shall be accompanied
with a detailed report signed by an officer of the Grantee, as shown in Exhibit C,
showing the basis for the computation, and shall include but not be limited to, a
specific breakdown of the following items: basic tier service charges, expanded basic
service charges, installation charges, reconnection fees, premium channel revenues,
revenue from other sources such as contracted or subleased cable services, pay per
view, miscellaneous revenue, and such other relevant facts, as may
be required
by the Grantor, necessary to determine the accuracy of the franchise payment as
specified in of this Ordinance. The acceptance of any payment shall not be
construed as an accord that the amount paid is, in fact, the correct amount; nor shall
such acceptance of payment be construed as a release of any claim the Grantor
may
have for additional sums payable by the Grantee. All amounts paid shall be subject to
audit and re-computation by the Grantor. The Grantee shall permit the City, upon
request with reasonable notice, to review at Grantee’s local office its gross revenue
records as may be necessary to monitor compliance with this Ordinance.
C.
Franchise Fee Audit. A Grantee will fully cooperate with a franchise fee audit
performed by a professional firm that is chosen by the Grantor. The costs associated
with the audit will be paid for by the Grantor, except that the Grantee shall pay for the
costs if the audit shows an underpayment of franchise fees in excess of five percent
(5%) or more for a reporting period.
D.
Franchise Fee Increases. The Grantor may request an increase in franchise fees
at any time during the term of the franchise, equal to the maximum percent allowed by
federal law. However, such request shall be made in writing and the Grantee will not be
liable for said increase until proper notice, as defined by federal law, is given to its
subscriber. Prior to making a final decision regarding an increase in franchise fees, the
Grantor shall conduct a public hearing and shall grant an opportunity to the Grantee to
discuss the proposed increase in franchise fee.
E.
Limitation on Franchise Fee Actions. The period of limitation for recovery of
any franchise fee payable hereunder shall be five years from the date on which payment
by a Grantee is due.
112.08 FREE SERVICE TO PUBLIC BUILDINGS – CABLE TELEVISION. The
Grantee shall upon request, provide without charge, one outlet of basic service and
expanded basic cable service to all current and future City-owned Buildings and facilities
and Bondurant-Farrar school district buildings located in the Service Area if located
within 250 feet of the existing cable plant.
112.09 SERVICE AREA. Service to Potential Subscribers. Grantee shall offer cabletelevision residential service to all areas of the City, which are in the corporate limits of
the City of Bondurant on the effective date of this Franchise subject to the following
density requirements:
A.
Required Extensions of the Cable System. Grantee agrees to provide Cable
Service to all residences in the Service Area subject to the density requirements specified
in this subsection. Whenever the Grantee receives a request for Cable Service from a
potential Subscriber in an unserved area contiguous to Grantee’s existing distribution
facilities where there are at least 8 residences within 1320 cable-bearing strand feet (onequarter cable mile) from the portion of the Grantee’s trunk or distribution cable which is
to be extended, it shall extend its Cable System to such Subscribers at no cost to said
Subscribers for the Cable System extension, other than the published Standard/nonStandard Installation fees charged to all Subscribers. Notwithstanding the foregoing, the
Grantee shall have the right, but not the obligation, to extend the Cable System into any
portion of the Service Area where another operator is providing Cable Service, into any
annexed area which is not contiguous to the present Service Area of the Grantee, or into
any area which is financially or technically infeasible due to extraordinary circumstances,
such as a runway or freeway crossing.
B.
Subscriber Charges for Extensions of the Cable System. No Subscriber shall
be reused service arbitrarily. However, if an area does not meet the density
requirements of subsection 9A above, the Grantee shall only be required to extend the
Cable System to Subscriber(s) in that area if the Subscriber(s) are willing to share the
capital costs of extending the Cable System. Specifically, the Grantee shall contribute
a capital amount equal to the construction cost per mile, multiplied by
a
fraction
whose numerator equals the actual number of residences per 1320 cable-bearing
strand feet from the Grantee’s trunk or distribution cable, and whose denominator
equals 8. Subscribers who request service hereunder shall bear the remaining cost to
extend the Cable System on a pro rata basis. The Grantee may require that payment
of the capital contribution in aid of construction borne by such potential Subscribers
be paid in advance. Subscribers shall also be responsible for any Standard/nonStandard Installation charges to extend the Cable System from the tap to the residence.
112.10 FRANCHISE NONEXCLUSIVE. Consistent with the requirements of the
Ordinance, this Franchise shall not be construed as any limitation upon the right of the
Grantor to grant to other persons rights, privileges, or authorities similar to the rights,
privileges, and authorities herein set forth, in the same or other streets, alleys, or other
public ways or public places. The Grantor specifically reserves the right to grant at
any time during the term of this Franchise or renewal thereof, if any, such additional
Franchises for a Cable System as it deems appropriate. The Grantor shall not permit
any person to provide services similar to those provided by the Grantee in the Service
Area without first having secured a non-exclusive franchise from the Grantor. The
Grantor agrees that any grant of additional franchises or other authorizations including
OVS authorizations by the Grantor to provide services similar to those provided by the
Grantee pursuant to this Agreement to any other entity shall cover the entire Service
Area and shall not be on terms and conditions more favorable or less burdensome to
the grantee of any such additional franchise or other authorization than those which
are set forth herein. In any renewal of this Franchise, the Grantor, should it seek to
impose increased obligations upon the Grantee, must take into account any additional
franchise(s) or authorizations previously granted and find that the proposed increased
obligations in the renewal, are not more burdensome and/or less favorable than those
contained in any such additional franchise(s) or authorizations.
112.11 OTHER AUTHORIZATIONS. If at any time during the term of this
franchise, federal, state or local law permits any provider of video programming to
provide services such as those provided pursuant to this franchise either without
obtaining a franchise from the Franchising Authority or on terms or conditions more
favorable than those applicable to the Grantee, then this franchise shall at the sole
discretion of the Grantee: (1) cease to be in effect; or (2) be deemed to expire at a date
prior to the original expiration date selected by the Franchisee (Grantee); or (3) will
be automatically reformed to grant to the Grantee the more favorable terms, benefits
and conditions available to the other provider.
112.12 POLICE POWERS. In accepting this Franchise, Grantee acknowledges that its
rights hereunder are subject to the police powers of the Grantor to adopt and enforce
general ordinances necessary for the safety and welfare of the public and it agrees to
comply with all applicable general laws and ordinances enacted by the Grantor pursuant
to such powers to the extent that the provisions of the ordinance do not have the effect of
limiting the benefits or expanding the obligations of the Grantee that are granted by this
Franchise. Neither party may unilaterally alter the material rights and obligations set forth
in this Franchise.
112.13 TRANSFER OF FRANCHISE. The Grantee's right, title, or interest in the
franchise shall not be sold, transferred, assigned, or otherwise encumbered, other than to
an entity, controlling, controlled by, or under common control with the Grantee, without
the prior consent of the Franchising Authority. 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 the
Grantee in the Franchise in order to secure indebtedness. Within sixty (60) days of
receiving the request for transfer, the Franchising Authority shall in accordance with
FCC rules and regulations, notify the Grantee in writing of the information it requires to
determine the legal, financial and technical qualifications of the transferee.
112.14 ANNUAL REPORT. No later than ninety (90) days after the close of a
Grantee's fiscal year, and upon written request, the Grantee shall submit a detailed
written informative report to the City, including the following information:
A.
A summary of the previous year's activities in development of the Cable System,
including, but not limited to, services begun or dropped and newly served geographic
areas within the City limits.
B.
A summary of complaints, identifying the number and specific nature of
complaints and their disposition.
C.
A list of key management for the Bondurant franchise along with their
addresses and job titles.
D.
The annual report of the parent company, if a public corporation. Such report
shall be construed to mean the report of the previous year.
E.
The total estimated annual value of the potential revenue from cable services
provided in the Service Area without charge or provided under a barter arrangement,
along with the total estimated number of persons who are provided cable services in the
Service Area without charge or under a barter agreement.
112.15 ENFORCEMENT OF FRANCHISE.
A.
Notice of Violation. In the event that the Grantor believes that the Grantee has
not complied with the terms of the Franchise, it shall notify the Grantee in writing of
the exact nature of the alleged noncompliance.
B.
Grantee’s Right to Cure or Respond. The Grantee shall have thirty (30) days
from receipt of the notice described in Section 15A (a) to respond to the Franchising
Authority, contesting the assertion of noncompliance, or (b) to cure such default, or (c)
in the event that, by the nature of default, such default cannot be cured within the 30-
day period, initiate reasonable steps to remedy such default and notify the Franchising
Authority of the steps being taken and the projected date that they will be completed.
C.
Public Hearing. In the event that the Grantee fails to respond to the notice
described in Section 15A pursuant to the procedures set forth in Section 15B, or in the
event that the alleged default is not remedied within 30 days or the date projected
pursuant to 15B above, the Franchising Authority shall schedule a public hearing to
investigate the default. The Franchising Authority shall notify the Grantee in writing
of the time and place of such meeting no less than five business days in advance and
provide the Grantee with an opportunity to be heard.
D.
Enforcement. Subject to applicable federal and state law, in the event the
Franchising Authority, after such public hearing, determines that the Grantee is in
default of any provision of the Franchise, the Franchising Authority may:
1.
Seek specific performance of any provision, which reasonably lends itself to
such remedy, as an alternative to damages;
2.
Commence an action at law for monetary damages or seek other
relief; or
equitable
3.
In the case of a substantial default of a material provision of the Franchise,
declare the Franchise Agreement to be revoked in accordance with the procedures
outlined in this section.
The Franchising Authority shall give written notice to the Grantee of its intent to
revoke the franchise on the basis of noncompliance by the Grantee, including one or
more instances of substantial noncompliance with a material provision of the
Franchise. The notice shall set forth the exact nature of the noncompliance. The
Grantee shall have ninety (90) days from such notice to object in writing and to state
its reasons for such objection. In the event the Franchising Authority has not received
a response satisfactory from the Grantee, it may then seek termination of the Franchise
at a public meeting. The Franchising Authority shall cause to be served upon the
Grantee, at least ten (10) days prior to such public meeting, a written notice specifying
the time and place of such meeting and stating its intent to request such termination.
At the designated meeting, the Franchising Authority shall give the Grantee an
opportunity to state its position on the matter, after which it shall determine whether or
not the Franchise shall be revoked. The Grantee may appeal such determination to an
appropriate court, which shall have the power to review the decision of the Franchising
Authority “de novo” and to modify or reverse such decision as justice may require. Such
appeal to the appropriate court must be taken within sixty (60) days of the issuance of the
determination of the Franchising Authority.
The Franchising Authority may, at its sole discretion, take any lawful action, which it
deems appropriate to enforce the Franchising Authority's rights under the Franchise in
lieu of revocation of the Franchise.
112.16 TERMINATION OF FRANCHISE.
A.
Grounds for Revocation. The Grantor reserves the right to revoke any franchise
and rescind all rights and privileges associated with the franchise in the following
circumstances:
* If the Grantee should default in the performance of any of its material
obligations under this Ordinance or the franchise and fails to cure the default within sixty
(60) days after receipt of written notice of the default from the Grantor, or such longer
time as specified by the Grantor.
* If a petition is filed by or against the Grantee under the Bankruptcy Act or any
other insolvency or creditors’ rights law, state or federal, and the Grantee shall fail to
have it dismissed.
* If a receiver, trustee or liquidator of the Grantee is applied for or appointed for
all or part of the Grantee’s assets.
* If the Grantee makes an assignment for the benefit of creditors.
* If the Grantee violates any order or ruling of any State or Federal regulatory
body having jurisdiction over the Grantee, unless the Grantee or any party similarly
affected is lawfully contesting the legality or applicability of such order or ruling and has
received a stay from a Court of appropriate jurisdiction.
* If the Grantee evades any of the provisions of this Ordinance or the Franchise
Agreement.
* If the Grantee practices any intentional fraud or deceit upon the Grantor or
cable subscribers.
* If the Grantee materially misrepresents facts in the application for a franchise.
* If the Grantee ceases to provide services over the cable system for seven (7)
consecutive days for any reason within the control of the Grantee.
B.
Restoration of Property. In removing its plant, structures and equipment, the
Grantee shall refill at its own expense any excavation that shall be made by it and shall
leave all public ways and places in as good condition as that prevailing prior to the
Grantee's removal of its equipment and appliances, without affecting the electric or
telephone cables, wires or attachments. The Grantor shall inspect and approve the
condition of the public ways and public places and cables, wires, attachments and
poles after removal. Liability insurance indemnity provided in Section 18 and the
performance bond in Section 19 shall continue in full force and effect during the
period of removal.
C.
Reimbursement of Costs Pursuant to Subsections A and B of this Section. In
the event of a failure by the Grantee to complete any work as required above or any
work required by law or ordinance within the time established and to the reasonable
satisfaction of the Grantor, after due notice and opportunity to cure, the City may
cause such work to be done and the Grantee shall reimburse the Grantor the costs
thereof within thirty (30) days after receipt of an itemized list of such costs or the
Grantor may recover such costs as provided from the Performance Bond.
112.17 IMPOSSIBILITY OF PERFORMANCE. Grantee shall not be held in
default or noncompliance with the provisions of the franchise, nor suffer any
enforcement or penalty relating thereto, where such noncompliance or alleged defaults
are caused by the following circumstances if reasonably beyond its control:
A.
rights
B.
C.
D.
E.
F.
G.
H.
Necessary utility rearrangements, pole change-outs or obtainment of easement
Governmental or regulatory restrictions
Lockouts
War
National emergencies
Fire
Acts of God
Strikes
112.18 INDEMNIFICATION. The Grantee shall defend, indemnify, protect, and
hold harmless the Grantor from and against any and all liability, losses, and damage to
property or bodily injury or death to any person, including payments made under
workmen's compensation laws, which may arise out of or be caused by the erection,
construction, replacement, removal, maintenance, or operation of Grantee's Cable
System and caused by any act or failure to act on the part of the Grantee, its agents,
officers, servants, or employees. The Grantor shall give the Grantee written notice of
its obligation to indemnify within 30 days following service of a petition or other
similar pleading. If the Grantor determines that it is necessary for it to employ
separate counsel, the costs for such separate counsel shall be the responsibility of the
Grantor.
112.19 INSURANCE. The Grantee shall provide a certificate of insurance designating
the Grantor as an “additional insured.” The Grantee shall maintain and provide to the
Grantor proof of public liability insurance for not less than the following amounts:
$2,000,000 – Any 1 Occurrence, Bodily Injury or Property Damage
$2,000,000 – Products/ Completed Operations Annual Aggregate Liability
$2,000,000 – General Aggregate
112.20 FAITHFUL PERFORMANCE BOND. Upon acceptance of the Franchise,
Grantee shall submit and maintain throughout the term of the Franchise, a faithful
performance bond in the amount of ten thousand dollars ($10,000.00). The bond shall
insure compliance with all applicable laws, regulations, ordinances and provisions of the
Franchise and the Cable Franchise Regulatory Ordinance, shall provide for recoverable
loss or damages, compensation, indemnification, reasonable attorney fees, cost of
removal or abandonment of Grantee's property. The Grantor may draw funds from the
performance bond upon the notice and opportunity to cure provisions of the Enforcement
and Termination Section of this Agreement.
112.21 SEVERABILITY. If any section, subsection, sentence, clause, phrase, or
portion of this Franchise Agreement shall be held invalid or unenforceable or
unconstitutional, the remaining provisions shall remain in full force and effect.
112.22 RESERVATION OF RIGHTS. Acceptance of the terms and conditions of
this franchise will not constitute, or be deemed to constitute, a waiver, either expressly or
impliedly, by Grantee of any constitutional or legal right which it may have or may be
determined to have, either by subsequent legislation or court decisions. The Grantor
acknowledges that Grantee reserves all of its rights under applicable Federal and State
Constitutions and laws.
112.23 ADOPTION. This franchise renewal agreement was awarded by the City
Council on July 16, 2007 and was published as required on July 25, 2007. Therefore,
this franchise renewal agreement shall expire on July 25, 2014.
112.24 CONFLICTING ORDINANCES REPEALED. All ordinances or part of
ordinances in conflict herewith, including, but not limited to, ordinances, are hereby
repealed to the extent of any such conflict.
112.25 NOTICES. Unless expressly otherwise agreed between the parties, every notice
or response required by this Franchise to be served upon the Grantor or the Grantee shall
be in writing, and shall be deemed to have been duly given to the required party five
business days after having been posted in a properly sealed and correctly addressed
envelope when hand delivered or sent by certified or registered mail, postage prepaid.
The notices or responses to the Grantor shall be addressed as follows:
City Clerk
City of Bondurant
P.O. Box 37
Bondurant, Iowa 50035-0037
The notices or responses to the Grantee shall be addressed as follows:
MCC Iowa LLC
Attn: Government Relations Manager
2205 Ingersoll Avenue
Des Moines, IA 50312-5289
With a copy to:
MCC Iowa LLC
Legal Department
100 Crystal Run Road
Middletown, NY 10941
The Grantor and the Grantee may designate such other address or addresses from time
to time by giving notice to the other.
(Ordinance No. 07-215)
CHAPTER 115
CEMETERY
115.01
115.02
115.03
115.04
Definition
Records
Sale of Interment Rights
Perpetual Care
115.05
115.06
115.07
115.08
Cemetery Lots Without Perpetual Care
Annual Care
Rules and Regulations
Vandalism in Cemetery
115.01 DEFINITION. The term “cemetery” means the Bondurant Municipal
Cemetery, which is a municipal cemetery under the provisions of Chapter 5231 of the
Code of Iowa and which shall be operated under the provisions of Chapter 5231 of the
Code of Iowa and this chapter. Pursuant to Section 5231.502 of the Code of Iowa, the
City Council hereby states its willingness and intention to act as the trustee for the
perpetual maintenance of the cemetery property.
(Code of Iowa, Sec. 5231.501 and Sec, 5231.502)
115.02 RECORDS. It is the duty of the City Administrator 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:
1.
For sales or transfers of interment rights made on or after July 01, 2005, the
cemetery shall keep complete records identifying the owners of all interment rights sold
by the cemetery and historical information regarding any transfer of ownership. The
records shall include all of the following:
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.
C.
A unique numeric or alphanumeric identifier that identifies the location of each
interment space sold by the cemetery.
2.
For interments made on or after July 01, 2005, the cemetery shall keep a record of
each interment in a cemetery. The records shall include all of the following:
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. The unique numeric or alphanumeric identifier that identifies the location of each
interment space where the remains are interred.
(Code of Iowa, Sec. 5231.311)
115.03 SALE OF INTERMENT RIGHTS. The sale or transfer of interment rights
in the cemetery shall be evidenced by a certificate of interment rights or other
instrument, signed by the City Administrator, 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 5231 of the Code of
Iowa. The payment of all fees and charges shall be made at the office of the cemetery
superintendent where receipts will be issued for all amounts paid. Said fees and
charges shall be based upon the charges as established by the Council.(Code of Iowa,
Sec. 5231.310)
115.04 PERPETUAL CARE. The Council, 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 Council, by resolution,
shall provide for the payment of interest annually to the General Fund 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 5231 of the Code of Iowa.
(Code of Iowa, Sec. 5231.503, 5231.507 and 5231.508)
115.05 CEMETERY LOTS WITHOUT PERPETUAL CARE. Owners of lots
or other interested persons may secure perpetual care on lots or parts of lots in the
older portions of the cemetery not having perpetual care by the payment to the City of
the perpetual care charges at the rates specified in the rules and regulations.
115.06 ANNUAL CARE. An annual care charge as specified in the rules and
regulations shall be made by the City on those lots in the older portions of the
cemetery which are not at present under perpetual or endowed care. The City reserves
the right to refuse to furnish maintenance service, or to permit the erection of any
monumental work on those lots not under perpetual or endowed care or when the
annual care on such lot has not been paid in advance.
115.07 RULES AND REGULATIONS. Rules and regulations for the cemetery
may be adopted, and may be amended from time to time, by resolution of the Council
and may cover such things as the use, care, control, management, restrictions and
protection of the cemetery as necessary for the proper conduct of the business of the
cemetery. The rules shall specify the cemetery’s obligations in the event
that
interment spaces, memorials or memorializations are damaged or defaced by acts of
vandalism.
(Code of Iowa, Sec. 5231.304)
115.08 VANDALISM IN CEMETERY. Any person who destroys, injures or defaces
any grave, vault, tombstone, or monument, or any building, fence, tree, shrub, flower, or
anything in or belonging to any cemetery under the jurisdiction of the City shall be liable
for any and all damage, in addition to being subject to any other penalty imposed.
(Ordinance No. 05-216)
CHAPTER 120
LIQUOR LICENSES AND WINE AND BEER PERMITS
120.01 License or Permit Required
120.04 Action by Council
120.02 General Prohibition
120.03 Investigation
120.05 Prohibited Sales and Acts
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 City Administrator may forward it to the Polk County Sheriff’s
Department, 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:
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 two
o’clock (2:00) a.m. and six o’clock (6:00) a.m. on a weekday, and between the hours
of two o’clock (2:00) a.m. on Sunday and six o’clock (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 eight o’clock (8:00) a.m. on Sunday and two o’clock (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 eight
o’clock (8:00) a.m. on Sunday and two o’clock (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 eight o’clock (8:00) a.m. on Sunday and two o’clock (2:00) a.m. on the
following Monday when that Sunday is the day before New Year’s Day.
(Code of Iowa, Sec. 123.49 [2b and 2k] & 123.150)
3.
Sell alcoholic beverages, wine or beer to any person on credit, except with a
bona fide credit card. This provision does not apply to sales by a club to its members,
to sales by a hotel or motel to bona fide registered guests or to retail sales by the
managing entity of a convention center, civic center or events center.
(Code of Iowa, Sec. 123.49 [2c])
(Ordinance No. 04-213)
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])
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])
11. Permit or allow any person under twenty-one (21) years of age to remain upon
licensed premises unless over fifty percent (50%) of the dollar volume of the business
establishment comes from the sale and serving of prepared foods. This provision does
not apply to holders of a class “C” beer permit only.
120.06 AMUSEMENT DEVICES.
1.
As used in this section an “electronic or mechanical amusement device” means a
device that awards a prize redeemable for merchandise on the premises where the device
is located and which is required to be registered with the Iowa Department of Inspection
and Appeals.
2.
It is unlawful for any person under the age of twenty-one (21) to participate in the
operation of an electrical or mechanical amusement device.
3.
It is unlawful for any person owning or leasing an electrical or mechanical
amusement device to knowingly allow a person under the age of 21 to participate in the
operation of an electrical or mechanical amusement device.
4.
It is unlawful for any person to knowingly participate in the operation of an
electrical or mechanical amusement device with a person under the age of 21.
(Code of Iowa, Sec. 99B.10C)
(Ordinance No. 04-210)
CHAPTER 121
CIGARETTE PERMITS
121.01
121.02
121.03
121.04
121.05
Definitions
Permit Required
Application
Fees
Issuance and Expiration
121.06
121.07
121.08
121.09
Refunds
Persons Under Legal Age
Self-service Sales Prohibited
Permit Revocation
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 are sold, stored or kept for
the purpose of sale or consumption by a retailer.
5.
“Retailer” means every person who sells, distributes or offers for sale for
consumption, or possesses for the purpose of sale for consumption, cigarettes,
irrespective of the quantity or amount or the number of sales or who engages in the
business of selling tobacco products to ultimate consumers.
6.
“Self-service display” means any manner of product display, placement or storage
from which a person purchasing the product may take possession of the product, prior to
purchase, without assistance from the retailer or employee of the retailer, in removing the
product from a restricted access location.
7.
“Tobacco products” means the following: cigars; little cigars; cheroots; stogies;
periques; granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff;
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.47)
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)
(Ordinance No. 03-220)
(Ordinance No. 05-214)
121.04 FEES. The fee for a retail cigarette permit shall be as follows:
(Code of Iowa, Sec. 453A.13)
FOR PERMITS GRANTED DURING:
FEE:
July, August or September
$ 75.00
October, November or December
$ 56.25
January, February or March
$ 37.50
April, May or June
$ 18.75
121.05 ISSUANCE AND EXPIRATION. Upon proper application and payment of
the required fee, a permit shall be issued. Each permit issued shall describe clearly the
place of business for, which it is issued and shall be non-assignable. 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 days. The retailer may
select its preference in the penalty to be applied under this section.
3.
For a third violation within a period of three (3) years, the retailer shall be assessed
a civil penalty in the amount of one thousand five hundred dollars ($1,500.00) and the
retailer’s permit shall be suspended for a period of thirty (30) days.
4.
For a fourth violation within a period of three (3) years, the retailer shall be
assessed a civil penalty in the amount of one thousand five hundred dollars ($1,500.00)
and the retailer’s permit shall be suspended for a period of sixty (60) days.
5.
For a fifth violation within a period of four (4) year, the retailer’s permit shall be
revoked.
(Ordinance No. 03-217)
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 & 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)
CHAPTER 122
PEDDLERS, SOLICITORS AND TRANSIENT
MERCHANTS
122.01
122.02
122.03
122.04
122.05
122.06
122.07
122.08
122.09
122.10
Purpose
Definitions
License Required
Application for License
License Fees
Bond Required
License Issued
Display of License
License Not Transferable
Time Restriction
122.11
122.12
122.13
122.14
122.15
122.16
122.17
122.18
122.19
Revocation of License
Notice
Hearing
Record and Determination
Appeal
Effect of Revocation
Rebates
License Exemptions
Charitable and Nonprofit Organizations
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 City Administrator for a license under this chapter. Such application shall set
forth the applicant’s name, permanent and local address and business address if any. The
application shall also set forth the applicant’s employer, if any, and the employer’s
address, the nature of the applicant’s business, the last three places of such business and
the length of time sought to be covered by the license. An application fee of ten dollars
($10.00) shall be paid at the time of filing such application to cover the cost of
investigating the facts stated therein.
122.05 LICENSE FEES. The following license fees shall be paid to the City
Administrator prior to the issuance of any license.
1.
Solicitors. In addition to the application fee for each person actually soliciting
(principal or agent), a fee for the principal of ten dollars ($10.00) per year.
2.
Peddlers or Transient Merchants.
A.
For one day
$
5.00
B.
For one week ........................................ $ 10.00
C.
For up to six (6) months ....................... $ 25.00
D.
For one year or major part thereof ....... $ 50.00
122.06 BOND REQUIRED. Before a license under this chapter is issued to a
transient merchant, an applicant shall provide to the City Administrator evidence that
the applicant has filed a bond with the Secretary of State in accordance with Chapter
9C of the Code of Iowa.
122.07 LICENSE ISSUED. If the City Administrator finds the application is
completed in conformance with the requirements of this chapter, the facts stated
therein are found to be correct and the license fee paid, a license shall be issued
immediately.
122.08 DISPLAY OF LICENSE. Each solicitor or peddler shall keep such license
in possession at all times while doing business in the City and shall, upon the request
of prospective customers, exhibit the license as evidence of compliance with all
requirements of this chapter. Each transient merchant shall display publicly such
merchant’s license in the merchant’s place of business.
122.09 LICENSE NOT TRANSFERABLE. Licenses issued under the provisions
of this chapter are not transferable in any situation and are to be applicable only to the
person filing the application.
122.10 TIME RESTRICTION. All peddler’s and solicitor’s licenses shall provide
that said licenses are in force and effect only between the hours of eight o’clock (8:00)
a.m. and seven o’clock (7:00) p.m.
122.11 REVOCATION OF LICENSE.
After notice and hearing, the City
Administrator may revoke any license issued under this chapter for the following
reasons:
1.
Fraudulent Statements. The licensee has made fraudulent statements in the
application for the license or in the conduct of the business.
2.
Violation of Law. The licensee has violated this chapter or has otherwise
conducted the business in an unlawful manner.
3.
Endangered Public Welfare, Health or Safety. The licensee has conducted the
business in such manner as to endanger the public welfare, safety, order or morals.
122.12 NOTICE. The City Administrator 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.
122.13 HEARING. The City Administrator 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 City Administrator may proceed to a determination of the
complaint.
122.14 RECORD AND DETERMINATION. The City Administrator 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 City Administrator finds clear and convincing evidence of
substantial violation of this chapter or State law.
122.15 APPEAL. If the City Administrator revokes or refuses to issue a license, the
City Administrator shall make a part of the record the reasons therefore. 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 City
Administrator by a majority vote of the Council members present and the City
Administrator shall carry out the decision of the Council.
122.16 EFFECT OF REVOCATION. Revocation of any license shall bar the
licensee from being eligible for any license under this chapter for a period of one year
from the date of the revocation.
122.17 REBATES. Any licensee, except in the case of a revoked license, shall be
entitled to a rebate of part of the fee paid if the license is surrendered before it expires.
The amount of the rebate shall be determined by dividing the total license fee by the
number of days for which the license was issued and then multiplying the result by the
number of full days not expired. In all cases, at least five dollars ($5.00) of the original
fee shall be retained by the City to cover administrative costs.
122.18 LICENSE EXEMPTIONS. The following are excluded from the application
of this chapter.
1.
Newspapers.
newspapers.
Persons delivering, collecting for or selling subscriptions to
2.
Club Members. Members of local civic and service clubs, Boy Scout, Girl Scout,
4-H Clubs, Future Farmers of America and similar organizations.
3.
Local Residents and Farmers. Local residents and farmers who offer for sale their
own products.
4.
Students. Students representing the Bondurant-Farrar 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.
122.19 CHARITABLE AND NONPROFIT ORGANIZATIONS. Authorized
representatives of charitable or nonprofit organizations operating under the provisions
of Chapter 504A of the Code of Iowa desiring to solicit money or to distribute
literature are exempt from the operation of Sections 122.04 and 122.05. All such
organizations are required to submit in writing to the City Administrator 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 City Administrator finds that the organization
is a bona fide charity or nonprofit organization the City Administrator shall issue, free
of charge, a license containing the above information to the applicant. In the event the
City Administrator denies the exemption, the authorized representatives of the
organization may appeal the decision to the Council, as provided in Section 122.15 of
this chapter.
CHAPTER 123
HOTEL AND MOTEL TAX
123.01 Definitions
123.03 Payment of Tax
123.02 Tax Rate
123.04 Use of Proceeds
123.01 DEFINITIONS. For use in this chapter, the following terms are defined:
1.
“Hotel” and “motel” mean any hotel, motel, inn, public lodging house, rooming
house or tourist court, or any place where sleeping accommodations are furnished to
transient guests for rent, whether with or without meals, except the gross receipts from
the renting of sleeping rooms in dormitories and in memorial unions of all State of Iowa
universities and colleges.
2.
“Renting” and “rent” include any kind of direct or indirect charge for any room,
apartment or sleeping quarter in a hotel or motel, as defined in this chapter.
123.02 TAX RATE. A tax is hereby imposed upon the gross receipts from the renting
of any and all rooms, apartments or sleeping quarters in any hotel or motel, as defined in
this chapter, at the rate of seven percent (7%) of such gross receipts derived from the
renting of a room, apartment or sleeping quarter while rented by the same person for a
period of not more than thirty-one (31) consecutive days.
123.03 PAYMENT OF TAX. Such tax shall be paid as is provided in Chapter 422A
of the Code of Iowa.
123.04 USE OF PROCEEDS. The proceeds of such tax imposed by this chapter shall
be used for the following purposes:
(Code of Iowa, Sec. 422A.2[4])
1.
At least fifty percent (50%) of the revenues derived from such tax shall be used for
the acquisition of sites for, or constructing, improving or maintaining of recreation,
convention, cultural or entertainment facilities including but not limited to memorial
buildings, halls and monuments, civic center convention buildings, auditoriums,
coliseums and parking areas or facilities located at those recreation, convention, cultural
or entertainment facilities or the payment of principal and interest, when due, on bonds or
other evidence of indebtedness issued by the City for those recreation, convention,
cultural or entertainment facilities; or for the promotion and encouragement of tourist and
convention business in the City and surrounding areas.
2.
The remaining revenues may be spent for any City operations authorized by law as
a proper purpose for the expenditure within statutory limitations of City revenues derived
from ad valorem taxes.
CHAPTER 135
STREET USE AND MAINTENANCE
135.01
135.02
135.03
135.04
135.05
135.06
135.07
Removal of Warning Devices
Obstructing or Defacing
Placing Debris On
Playing In
Traveling on Barricaded Street or Alley
Use for Business Purposes
Washing Vehicles
135.08
135.09
135.10
135.11
135.12
135.13
135.14
Burning Prohibited
Excavations
Maintenance of Parking or Terrace
Failure to Maintain Parking or Terrace
Dumping of Snow
Driveway Culverts
Utility Permit
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 storage, exhibition,
sale or offering same for sale, without permission of the City Administrator.
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 therefore. 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.
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.
5.
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.
6.
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 therefore
to the permit holder/property owner.
7.
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.
8.
Notification. At least forty-eight (48) hours prior to the commencement of the
excavation, excluding Saturdays, Sundays and legal holidays, the person performing the
excavation shall contact the Statewide Notification Center and provide the center with
the information required under Section 480.4 of the Code of Iowa.
9.
Permit Fee. A permit fee, in accordance with the fee schedule established by
resolution of the Council, shall be payable at the time of filing the application with the
City. A separate permit shall be required for each excavation.
10. Permit Issued. Upon approval of the application and payment of the permit fee, a
permit shall be issued.
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 to place snow from a lot onto any other
property, including street pavement, any street right of way area not adjacent to the lot
(for Example, snow cannot be pushed across the street) or onto any other private property
or City property. 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])
(Ordinance No. 10-202)
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.
135.14 UTILITY PERMIT. A Utility Permit is required for all utility installations
including telecommunications, cable TV, telephone, electric, natural gas, water, sewer,
drainage tile, or any other utility.
1.
Utility Permit Requirements.
A.
Location Plan. An applicant shall file a completed location plan as an
attachment to the Utility Permit Application. The location plan shall set forth the
location of the proposed line on the road system or along lot lines and include a
description of the proposed installation. Applicant is responsible for all surveys
necessary to establish location of easements and rights-of-way.
B.
Notice of Work. At least five (5) working days prior to the proposed
installations, and applicant shall file in triplicate with the City a completed Utility
Permit Application stating the approximate date, location and nature of the proposed
installation including applicant name, street address, city, state, & zip code, telephone
number, contact person, and any other information as may be required by the Public
Works Department. Additionally, at least two (2) complete working days prior to the
actual work, the applicant shall notify the City of the intent to begin work.
C.
Inspection. The City of Bondurant shall provide an inspector during the
installation of all lines to review compliance with this Utility Permit. The inspector
shall have the right, during reasonable hours and after showing proper identification,
to enter any installation site in the discharge of the inspector’s official duties, and to
make any inspection or test that is reasonably necessary to protect the public health,
safety and welfare. The applicant shall pay a cost of $25 for the inspection.
D.
Issuance. Upon approval of the application, the Utility permit will be issued
by the City. The permit fee will be $50, $25 of which is for the inspection fee
mentioned in subsection C above.
E.
Remittance of Fees. Payment of the Utility Permit fee shall be made within
(30) days after completion of the installation. Payments not made in such time shall
be subject to reasonable interest charges.
F.
Requirements. The installation inspector shall review compliance with the
following requirements:
1.
Construction signing shall comply with the Manual on Uniform Traffic Control
Devices.
2.
A permanent warning tape shall be placed one (1) foot above all underground
utility lines.
3.
All tile line locations shall be marked with reference located in the R.O.W. line.
4.
No underground utility lines shall cross over a crossroad drainage structure.
5.
Residents along the utility route shall have uninterrupted access to the public
roads. An all-weather access shall be maintained for residents adjacent to the project.
6.
A joint assessment of the road surfacing shall be made by the applicant and the
City both before and after construction. After construction, granular surfacing shall be
added to an existing granular roadway, drive or parking area by the applicant to restore
the surfacing to its original condition. After surfacing has been applied, the road surface
shall be reviewed by the City once the road has been saturated, to determine if additional
surfacing on the roadway by the applicant is necessary.
7.
All damaged within the R.O.W. shall be repaired and restored to at least its former
condition by the applicant or the cost of any repair work caused to be performed by the
City will be assessed against the applicant. Portland cement concrete patches shall be 1”
thicker than the removed Portland cement concrete surfacing. Asphaltic cement concrete
patches shall be 1” thicker
than the removed asphaltic cement concrete surfacing.
8.
Areas disturbed during construction, which present an erosion problem shall be
solved by the applicant in a manner approved by the City.
9.
All trenches, excavations, and utilities that are knifed shall be property tamped.
10. Cable, pipe line, and tile line crossing paved roads shall be constructed as follows:
Utilities designated by the City which cross under the roadway shall be placed in casing
so that the pipe may be removed for repair without disturbing the sub-grade. The casing
shall be adequate strength, and of sufficient length to extent 2 feet beyond each edge of
the surfaced roadway. On paved roads, cable casings may be placed through the subgrade by jacking, or by boring a hole just large enough to take the line. All open
excavations near pavement shall be of sufficient distance from pavement to prevent soil
collapses resulting in undermining of pavement.
11. On roads not paved, an open trench may, upon approval of the City, be dug and the
cable, pipeline, or tile line placed therein, and the trench backfilled over the line. All
backfilling of tunnels and trenches shall be thoroughly compacted in layers of 6” or less
in depth. Backfilling of trenches within the R.O.W. shall be tamped sufficiently to
avoid settlement. All work shall be done in a workmanlike manner, and the ground left
in a neat condition, satisfactory to the City.
12. All overhead utilities shall be placed at a distance of two (2) feet inside the R.O.W.
line unless specifically approved otherwise by the City.
13. All work shall conform to the minimum Des Moines Metropolitan Design
Standards Manual, City of Bondurant Standard Specifications, and criteria set forth
herein.
G.
Non-Conforming Work. The City may halt the installation at any time if the
applicant’s work does not meet the requirements set forth in this Utility Permit.
H.
Emergency Work. In emergency situations, work may be initiated by an
applicant without first obtaining a Utility Permit. However, a Utility Permit must be
obtained within fourteen (14) days of initiation of the work. All emergency work shall
be done in conformity with the provisions of this ordinance and shall be inspected for
full compliance.
I.
Violation of Ordinance. Violation of any of the provisions of this Chapter shall
be a simple misdemeanor punishable with a civil penalty of $100 for each violation.
Each day that a violation occurs or is permitted to exist by the applicant constitutes a
separate offense.
J.
Hold Harmless. The utility company shall save this City harmless of any
damages resulting from the applicant’s operations. A copy of a certificate of
insurance naming this City as an additional insured for the permit work shall be filed
in the City Clerk’s office prior to installation. The minimum limits of liability under
the insurance policy shall be $1,000,000.
K.
Surety Bond or Cash Bond. The contractor or applicant shall have on file with
the City a surety bond or cash bond for restoration of areas within the R.O.W. and on
utility easements. The bond shall be a minimum of $2000 and may be of greater value
depending on the scope of the project. A cash bond shall be held for 90 days after date
of completion.
L.
Permit Required. No applicant shall install any line unless such applicant has
obtained a Utility Permit from the City and has agreed in writing that said installation
will comply with all ordinances and requirement of the City for such work.
Applicants agree to hold the City free from liability for all damage to applicant’s
property, which occurs proximately as a result of the applicant’s failure to comply
with said ordinances or requirements.
M. Relocation. The applicant shall, at any time subsequent to installation of utility
lines, at the applicant’s own expense, relocate or remove such lines as may become
necessary to conform to new grades, alignment or widening of R.O.W. resulting from
maintenance or construction operations for highway improvements.
2.
Utility Permit Application: An application for all utility installations,
including telecommunications, cable TV, telephone, electric, and drainage tile, shall
be required. A copy of the Utility Permit Application is presented below:
(Ordinance No. 06-206)
CITY OF BONDURANT
UTILITY PERMIT
Application No. _______
Date: _______________
This is a Utility Permit Application for all utility installations including telecommunications,
cable TV, telephones, electric, and drainage tile. The applicant agrees to comply with the
attached Utility Permit Requirements. Compliance shall be determined by the sole discretion
of the City, as deemed necessary to promote public health, safety, and the general welfare.
These requirements shall apply unless waived in writing by the City prior to installation.
Applicant Name: _____________________________________________________________
Street Address: ______________________________________________________________
City,
State,
Zip
__________________________________________________________
Telephone
___________________________________________________________
Contact
______________________________________________________________
Location
of
Utility
________________________________________________________
Code:
Number:
Person:
Work:
Description of Utility Work: _____________________________________________________
$2,000 Surety Bond: _____________________$2,000 Cash Bond: _____________________
Name of Company: ___________________________________________________________
By:
________________________________________________________________________
_____________________________________
City Administrator
_____________________________
Date
---------------------------------------------------------------------------------------------------------------------------Inspected by:
_____________________________________
______________________________
Public Works Staff
Date
CHAPTER 136
SIDEWALK REGULATIONS
136.01
136.02
136.03
136.04
136.05
136.06
136.07
136.08
136.09
Purpose
Definitions
Removal of Snow, Ice and Accumulations
Responsibility for Maintenance
City May Order Repairs
Sidewalk Construction Ordered
Permit Required
Sidewalk Standards
Barricades and Warning Lights
136.10
136.11
136.12
136.13
136.14
136.15
136.16
136.17
136.18
Failure to Repair or Barricade
Interference with Sidewalk Improvements
Encroaching Steps
Openings and Enclosures
Fires or Fuel on Sidewalks
Defacing
Debris on Sidewalks
Merchandise Display
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.
“Established grade” means that grade established by the City for the particular
area in which a sidewalk is to be constructed.
3.
“One-course construction” means that the full thickness of the concrete is
placed at one time, using the same mixture throughout.
4.
“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.
5.
“Portland cement” means any type of cement except bituminous cement.
6.
“Sidewalk” means all permanent public walks in business, residential or
suburban areas.
7.
“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.
8.
“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 twenty-four (24) hours after such accumulation, 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])
(Ordinance No. 08-202)
136.04 RESPONSIBILITY FOR MAINTENANCE. It is the responsibility of the
abutting property owners 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 City Administrator 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 City Administrator may require the work to be done and assess the costs against the
abutting property for collection in the same manner as a property tax.
(Code of Iowa, Sec. 364.12[2d & e])
136.06 SIDEWALK CONSTRUCTION ORDERED. The Council may order the
construction of permanent sidewalks upon any street or court in the City and may
specially assess the cost of such improvement to abutting property owners in accordance
with the provisions of Chapter 384 of the Code of Iowa.
(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.
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.
follows:
Length, width and depth requirements are as
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.
Business District sidewalks shall extend from the property line to the curb.
Each section shall be four (4) inches thick and no more than six (6) feet in length.
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.
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 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 of the
City Administrator.
136.13
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 of the City Administrator.
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.
136.14 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.
136.15 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)
136.16 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])
136.17 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.
136.18 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 City Administrator.
CHAPTER 137
VACATION AND DISPOSAL OF STREETS
137.01 Power to Vacate
137.02 Planning and Zoning Commission
137.03 Notice of Vacation Hearing
137.04 Findings Required
137.05 Disposal of Vacated Streets or Alleys
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)
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
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 City Administrator 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
CHAPTER 139
NAMING OF STREETS
139.01 Naming New Streets
139.02 Changing Name of Street
139.03 Recording Street Names
139.01 NAMING NEW STREETS.
accordance with the following:
139.04 Official Street Name Map
139.05 Revision of Street Name Map
New streets shall be assigned names in
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.
change the name of a street.
The Council may, by resolution,
139.03 RECORDING STREET NAMES. Following official action naming or
changing the name of a street, the City Administrator 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 Bondurant, Iowa.”
139.05 REVISION OF STREET NAME MAP. If in accordance with the
provisions of this chapter, changes are made in street names, such changes shall be
entered on the Official Street Name Map promptly after the change has been approved
by the Council with an entry on the Official Street Name Map as follows: “On (date),
by official action of the City Council, the following changes were made in the Official
Street Name Map: (brief description),” which entry shall be signed by the Mayor and
attested by the City Administrator.
CHAPTER 140
MAILBOXES
140.01 Purpose
140.04 Location
140.02 Definitions
140.03 Design Restrictions
140.05 Visibility; Obstruction
140.06 Exemptions
140.07 Costs of Installation
140.01 PURPOSE. The purpose of this chapter is to eliminate parking problems on
streets and to improve the ability of City crews to remove snow from streets and to
maintain streets.
140.02 DEFINITIONS. For use in this chapter, the following terms are defined:
1.
“Cluster-style” means a style whereby mailboxes are assembled and grouped
together on a single area of land so that they are together and are regarded as one unit.
Cluster boxes must be City and postal approved manufactured cluster style mailboxes.
2.
“Mailbox” means any device containing, intended or used for the collection of
mail.
140.03 DESIGN RESTRICTIONS. All housing developments which are situated
on any cul-de-sac style street, avenue or other roadway shall have cluster-style
mailboxes.
140.04 LOCATION. Cluster-style mailboxes serving housing developments
situated on streets, avenues or other roadways shall be located between the sidewalk
and curb, and if at all possible within 100 feet of the entry into the cul-de-sac style
street, avenue or other roadway. The location of the cluster-style mailboxes shall not
exceed 600 feet from any real property line. The location is to be approved by the
postal office and Planning and Zoning Commission.
140.05 VISIBILITY; OBSTRUCTION.
erected:
All cluster-style mailboxes must be
1.
Away from the intersection of any street and in no case closer than 25 feet of
the intersection in order to prevent obstruction of free and clear vision; and
2.
Away from any location where, by reason of the position of, shape or color it
may interfere with, obstruct the view of or be confused with any authorized traffic
sign, signal or device.
3.
No driveway or street access shall be constructed within 5 feet of the clusterstyle mailboxes.
140.06 EXEMPTIONS. Any housing development constructed and already receiving
mail service before the enactment of the regulations contained in this chapter is not
required to comply with these standards.
140.07 COSTS OF INSTALLATION. Cost of installation, including but not limited
to box units, concrete pad and shelter, shall be borne by the developer, and subsequent
maintenance shall be carried out by the post office.
CHAPTER 145
MANUFACTURED AND MOBILE HOMES
145.01 Definitions
145.02 Conversion to Real Property
145.03 Foundation Requirements
145.01 DEFINITIONS. For use in this chapter the following terms are defined:
(Code of Iowa, Sec. 435.1)
1.
“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.
2.
“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.
3.
“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.
4.
“Mobile home park” means any site, lot, field or tract of land 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.
The term “manufactured home community” or “mobile home park” is not to be construed
to include manufactured or mobile homes, buildings, tents or other structures temporarily
maintained by any individual, educational institution or company on their own premises
and used exclusively to house their own labor or students. The manufactured home
community or mobile home park shall meet the requirements of any zoning regulations
that are in effect.
145.02 CONVERSION TO REAL PROPERTY. A mobile home or manufactured
home which is located outside a manufactured home community or mobile home park
shall be converted to real estate by being placed on a permanent foundation and shall be
assessed for real estate taxes except in the following cases:
(Code of Iowa, Sec. 435.26 & Sec. 435.35)
1.
Retailer’s Stock. Mobile homes or manufactured homes on private property as
part of a retailer’s or a manufacturer’s stock not used as a place for human habitation.
2.
Existing Homes. A taxable mobile home or manufactured home which is
located outside of a manufactured home community or mobile home park as of
January 1, 1995, shall be assessed and taxed as real estate, but is exempt from the
permanent foundation requirement of this chapter until the home is relocated.
145.03 FOUNDATION REQUIREMENTS. A mobile home or manufactured
home located outside of a manufactured home community or mobile home park shall
be placed on a permanent frost-free foundation system which meets the support and
anchorage requirements as recommended by the manufacturer or required by the State
Building Code. The foundation system must be visually compatible with permanent
foundation systems of surrounding residential structures. Any such home shall be
installed in accordance with the requirements of the State Building Code.
(Code of Iowa, Sec. 103A.10 & 414.28)
CHAPTER 147
ILLICIT DISCHARGE TO STORM SEWER SYSTEM
147.01
147.02
147.03
147.04
147.05
147.01
Findings
Illicit Discharges Prohibited
Illicit Connection Prohibited
Industrial Discharges
Illicit Discharge Detection & Reporting
147.06
147.07
147.08
147.09
Suspension of Access to City Storm Sewer
Watercourse Protection
Enforcement
Appeal
FINDINGS.
1.
The U.S. EPA’s National Pollutant Discharge Elimination System (“NPDES”)
permit program (Program) administered by Iowa Department of Natural Resources
(“IDNR”) requires that cities meeting certain demographic and environmental impact
criteria obtain from the IDNR an NPDES permit for the discharge of storm water from a
Municipal Separate Storm Sewer System (MS4) (MS4 Permit). The City of Bondurant
(City) is subject to the Program and is required to obtain, and has obtained, an MS4
Permit; the City’s MS4 Permit is on file at the office of the city clerk and is available for
public inspection during regular office hours.
2.
As a condition of the City’s MS4 Permit, the City is obliged to adopt and enforce
an ILLICIT DISCHARGE TO STORM SEWER SYSTEM ordinance.
3.
No state or federal funds have been made available to assist the City in
administering and enforcing the Program. Accordingly, the City shall fund its operations
under this ordinance entirely by charges imposed on the owners of properties, which are
made subject to the Program by virtue of state and federal law, and / or other sources of
funding established by a separate ordinance.
4.
Terms used in this ordinance shall have the meanings specified in the Program.
147.02 ILLICIT DISCHARGES PROHIBITED.
1.
For purposes of this ordinance, a “responsible party” is one or more persons that
control or are in possession of or own property. Responsible parties shall be jointly and
severally responsible for compliance with this ordinance and jointly and severally liable
for any illicit discharge from the property controlled, possessed or owned. For purposes
of this ordinance, “property” includes but is not limited to real estate, fixtures, facilities
and premises of any kind located upon, under or above the real estate.
2.
Nothing in this ordinance shall be deemed to relieve a responsible party subject to
an IDNR-issued industrial discharge permit or any other federal, state or City permit,
statute, ordinance or rule from any obligation imposed by such permit, statute, ordinance
or rule if any such obligation is greater than any obligation imposed by this ordinance.
3.
Any discharge into the City’s storm sewer system prohibited by the City’s MS4
Permit, the terms of which are hereby incorporated by reference, shall be deemed an
“illicit discharge” in violation of this ordinance.
4. Sediment pollution originating from excessive erosion rates on a construction site
not otherwise subject to the City’s COSESCO ordinance or sediment pollution
entering a municipal storm sewer that causes a water quality violation as determined
by DNR shall be deemed an illicit discharge in violation of this ordinance.
147.03 ILLICIT CONNECTIONS PROHIBITED.
1.
For purposes of this ordinance, an “illicit connection” to the City’s storm sewer
system is any physical connection or other topographical or other condition, natural or
artificial, which is not specifically authorized by ordinance or written rule of the City,
which causes or facilitates, directly or indirectly, an illicit discharge.
2.
The construction, use, maintenance or continued existence of any illicit
connection shall constitute a violation of this ordinance.
3.
This prohibition expressly includes, without limitation, illicit connections made
in the past, regardless of whether the connection was permissible under law or
practices applicable or prevailing at the time of the connection.
147.04 INDUSTRIAL DISCHARGES.
1.
Any responsible party subject to an industrial NPDES discharge permit issued
by the IDNR shall comply with all provisions of such permit.
2.
Proof of compliance with said permit may be required in a form acceptable to
the enforcement officer prior to discharges to the storm sewer system authorized by
said permit.
147.05 ILLICIT DISCHARGE DETECTION AND REPORTING; COST
RECOVERY.
1.
All detection activities permitted under this ordinance shall be conducted by the
City’s designee, hereinbefore and after referred to as the “enforcement officer.”
2.
The City shall not be responsible for the direct or indirect consequences to
persons or property of an illicit discharge, or circumstances which may cause an illicit
discharge, undetected by the City.
3.
Every responsible party has an absolute duty to monitor conditions on property
owned or controlled by them, to prevent all illicit discharges, and to report to the
enforcement officer illicit discharge, which the responsible party knows or should
have known to have occurred. Failure to comply with any provision of this ordinance
is a violation of this ordinance.
A.
Notwithstanding other requirements of law, as soon as any responsible party shall
immediately take all necessary steps to ensure the discovery, containment, and cleanup of
such discharge at the responsible party’s sole cost.
B
If the illicit discharge consists of hazardous materials, the responsible party shall
also immediately notify emergency response agencies of the occurrence via emergency
dispatch services.
C.
If the illicit discharge emanates from a commercial or industrial establishment, the
owner or operator of such establishment shall also retain an on-site written record of the
discharge and the actions taken to prevent its recurrence. Such records shall be retained
for at least three years.
D. A report of an illicit discharge shall be made in person or by phone or facsimile or
email to the enforcement officer immediately but in any event within twenty-four (24)
hours of the illicit discharge; notifications in person or by phone shall be confirmed by
written notice addressed and mailed or emailed to the enforcement officer within twentyfour (24) hours of the personal or phone notice.
4.
Any person or entity shall also report to the City any illicit discharge or
circumstances, which such person or entity reasonably believes pose a risk of an illicit
discharge.
5.
Upon receiving a report pursuant to the previous subsections, or otherwise coming
into possession of information indicating an actual or imminent illicit discharge, the
enforcement officer shall conduct an inspection of the site as soon as reasonably possible
and thereafter shall provide to the responsible party, and any third party reporter, a
written report of the conditions, which may cause or which have already caused an illicit
discharge. The responsible party shall immediately commence corrective action or
remediation and shall complete such corrective action or remediation within twenty-four
(24) hours.
6.
The enforcement officer shall be permitted to enter and inspect property subject to
regulation under this section as often as is necessary to determine compliance with this
section. If a responsible party has security measures that require identification and
clearance before entry to it property or premises, the responsible party shall make the
necessary arrangements to allow access by the enforcement officer. By way of
specification but not limitation:
A.
A responsible party shall allow the enforcement officer ready access to all parts of
the property for purposes of inspection, sampling, examination and copying of records
related to a suspected, actual, or imminent illicit discharge, and for the performance of
any additional duties as defined by state and federal law.
B.
The enforcement officer shall have the right to set up on any property such
devices as are necessary in the opinion of the enforcement officer to conduct
monitoring and / or sampling related to a suspected, actual or imminent illicit
discharge.
C.
The enforcement officer shall have the right to require any responsible party at
responsible party’s sole expense to install monitoring equipment and deliver
monitoring data or reports to the enforcement officer as the enforcement officer
directs. The sampling and monitoring equipment shall be maintained at all times in a
safe and proper operating condition by the responsible party at responsible party’s
expense. All devices shall be calibrated to ensure their accuracy.
D.
Any temporary or permanent obstruction to safe and easy access to property to
be inspected and / or sampled shall be promptly removed by the responsible party at
the written or oral order of the enforcement officer and shall not be replaced. The
costs of clearing such access shall be borne by the responsible party.
E.
An unreasonable delay in allowing the enforcement officer access to a property
is a violation of this ordinance.
F.
If the enforcement officer has been refused access to any part of the property
from which an illicit connection and / or illicit discharge to a municipal storm sewer is
occurring, suspected or imminent, and is able to demonstrate probable cause to believe
that there may be a violation of this ordinance, or that there is a need to inspect and /
or sample as part of a routine inspection and sampling program designed to verify
compliance with this ordinance or any order issued hereunder, or to protect the overall
public health, safety, and welfare of the community, then the enforcement officer may
seek issuance of a search warrant from any court of competent jurisdiction.
7.
If it is determined that an illicit discharge is imminent or has occurred, the
actual administrative costs incurred by the City in the enforcement of this ordinance
shall be recovered from the responsible party. The enforcement officer shall submit
an invoice to the responsible party reflecting the actual costs and wages and expenses
incurred by the City for the enforcement activities undertaken. Failure to pay charges
invoiced under this ordinance within thirty (30) days of billing shall constitute a
violation of this ordinance.
147.06 SUSPENSION OF ACCESS TO THE CITY’S STORM SEWER
SYSTEM.
1.
Emergency suspension. The enforcement officer may, without prior notice,
suspend storm sewer system access to a property when such emergency suspension is
necessary to stop an ongoing or imminent illicit discharge. If the responsible party
fails to immediately comply with an emergency suspension order, the enforcement
officer shall take such steps as deemed necessary to prevent or minimize the
illicit
discharge. All costs of such action shall be recovered from the responsible party for the
property identified as the source of the illicit discharge.
2.
Non-emergency suspension. If the enforcement officer detects or is informed of
circumstances, which could cause an illicit discharge is not ongoing or imminent, and if
the suspension of storm sewer system access would reasonably be expected to prevent or
reduce the potential illicit discharge, the enforcement officer shall notify the responsible
party of the proposed suspension of storm sewer system access and the time and date of
such suspension. Notice to one responsible party for the property shall be sufficient
notice to all. Remediation of the circumstances shall avoid a violation of this ordinance
provided that no illicit discharge occurs. In the alternative, the responsible party may
request a meeting with the enforcement officer for the purpose of presenting information,
which the responsible party believes will show that remediation is unnecessary, and if the
enforcement officer finds such information is satisfactory the enforcement officer may
rescind or modify the notice of suspension. If the enforcement officer finds such
information unsatisfactory the enforcement officer shall issue a final written order of
suspension including the date and time of suspension and such order may be appealed as
provided hereinafter. Any physical action to reinstate storm sewer system access to
property subject to such order prior to obtaining a court order of relief shall be deemed a
violation of this ordinance. An order of suspension shall not preclude charging the
responsible party with a municipal infraction as provided hereinafter or taking any other
enforcement action permitted by statute or ordinance.
147.07 WATERCOURSE PROTECTION. Every person owning property through
which a watercourse passes, or such person’s lessee, shall keep and maintain that part of
the watercourse within the property below the elevation of the 100 year flood free of
trash, debris, grass clippings or other organic wastes and other obstacles that would
pollute, contaminate, or significantly alter the quality of water flowing through the
watercourse. In addition, the owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse, so that structures will not become a hazard
to the use, function, or physically integrity of the watercourse.
147.08 ENFORCEMENT.
1.
Violation of any provision of this ordinance may be enforced by civil action
including an action for injunctive relief. In any civil enforcement action, administrative
or judicial, the City shall be entitled to recover its attorneys’ fees and costs from a
person who is determined by a court of competent jurisdiction to have violated this
ordinance.
2.
Violation of any provision of this ordinance may also be enforced as a municipal
infraction within the meaning of §364.22, pursuant to the City’s municipal infraction
ordinance, Chapter 4.
3.
Enforcement pursuant to this section shall be undertaken by the enforcement
officer upon the advice and consent of the City Attorney.
147.09 APPEAL.
1.
Administrative decisions by City staff and enforcement officer may be appealed
by the applicant to the City Council pursuant to the following rules.
A.
The appeal must be filed in writing with the City Administrator within ten (10)
business days of the decision or enforcement action.
B.
The written appeal shall specify in detail the action appealed from, the errors
allegedly made by the enforcement officer giving rise to the appeal, a written
summary of all oral and written testimony the applicant intends to introduce at the
hearing, including the names and addresses of all witnesses the applicant intends to
call, copies of all documents the applicant intends to introduce at the hearing, and the
relief requested.
C.
The enforcement officer shall specify in writing the reasons for the enforcement
action, a written summary of all oral and written testimony the enforcement officer
intends to introduce at the hearing, including the names and addresses of all witnesses
the enforcement officer intends to call, and copies of all documents the enforcement
officer intends to introduce at the hearing.
D.
The City Administrator shall notify the applicant and the enforcement officer by
ordinary mail, and shall give public notice in accordance with Chapter 21, Iowa Code,
of the date, time and place for the regular or special meeting of the City Council at
which the hearing on the appeal shall occur. The hearing shall be scheduled for a date,
not less than four (4) nor more than twenty (20) days after the filing of the appeal.
The rules of evidence and procedure, and the standard of proof to applied, shall be the
same as provided by Chapter 17A, Code of Iowa. The applicant may be represented
by counsel at the applicant’s expense. The enforcement officer may be represented by
the City Attorney or by an attorney designated by the City Council at City expense.
2.
The decision of the City Council shall be rendered in writing and may be
appealed to the Iowa District Court.
(Ordinance No. 05-218)
CHAPTER 150
BUILDING NUMBERING
150.01 Definitions
150.02 Owner Requirements
150.03 Building Numbering Map
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 City Administrator.
(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 two and one-half (2½) 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 MAP.
The City Administrator shall be
responsible for preparing and maintaining a building numbering map.
CHAPTER 151
TREES
151.01 Definition
151.02 Planting Prohibited
151.03 Duty to Trim Trees
151.04 Trimming Trees to be Supervised
151.05 Disease Control
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 person shall plant a tree 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
fourteen (14) 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 City Administrator shall inspect or
cause to be inspected any trees or shrubs in the City reported or suspected to be dead,
diseased or damaged, and such trees and shrubs shall be subject to the following:
1.
City Property. If it is determined that any such condition exists on any public
property, including the strip between the curb and the lot line of private property, the
Council may cause such condition to be corrected by treatment or removal. The
Council may also order the removal of any trees on the streets of the City which
interfere with the making of improvements or with travel thereon.
2.
Private Property. If it is determined with reasonable certainty that any such
condition exists on private property and that danger to other trees or to adjoining property
or passing motorists or pedestrians is imminent, the Council shall notify by certified mail
the owner, occupant or person in charge of such property to correct such condition by
treatment or removal within fourteen (14) days of said notification. If such owner,
occupant or person in charge of said property fails to comply within fourteen (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])
CHAPTER 155
BUILDING CODE
155.01
155.02
155.03
155.04
155.05
155.06
155.07
155.08
155.09
Adoption of Building Code
Deletions
Amendments and Additions
Department Established; Director Appointed
Electrical
Work Exempt from Permit
Permit Fees
Expiration
Licensing for Electrical, Plumbing and Mechanical
Contractors and Installers
155.10 Board of Appeals
155.11 Demolition of Buildings and Structures
155.12 Obstruction Permit; Bond and Insurance
155.13 Permanent Occupancy of Public Property
155.14 Exterior Building Wall Construction
155.15 Certificates of Occupancy
155.16 Climate and Geographic Design Criteria
155.17 Premise Identification
155.18 Handrails
155.19 Requirements for Egress Window Landings
155.20 Snow Loads
155.21 Minimum Depth Frost Protection Footings
155.22 Frost Protection for Accessory Structures
155.23 Foundations for Stud Bearing Walls
Foundation Retaining walls for Group R Occupancies
155.25 Retaining Walls
155.26 Residential Wood Floor Cantilevers
155.27 Existing Structures
155.28 Secondary Storm Sewer
155.29 Depth of Water Service
155.30 Floor Drains
155.31 Water Heater Floor Drains
155.32 Minimum Water Service Size
155.33 Building Sewer
155.34 Drainage Backwater Valve
155.35 Vents Not Required
155.36Prohibited Locations of Gas Pipe
155.37 Signs and Billboards; Definitions
155.38 Inspections of Signs
155.39 Billboard License and Bond Required
155.40 Sign Erector’s License
155.41 Sign Erector’s Bond
155..42 Shelter for the Homeless
155.01 ADOPTION OF BUILDING CODE. This chapter shall consist of the
“International Building Code, 2006 Edition, International Residential Code, 2006
Edition, including Appendix Chapters G and M, and the International Existing
Building Code, 2006 Edition as published by the International Code Council which
volume is incorporated herein by this reference as fully as though set forth herein in its
entirety, excepting only such portions as are hereinafter stated to be deleted therefrom;
and such additional provisions as are hereinafter set forth. This chapter and all
provisions incorporated herein by reference or otherwise, shall be known as the
“Building Codes,” may be cited as such, and will be referred to herein as such and as
“this code.”
155.02 DELETIONS. The following are hereby deleted from this code and are of no
force or effect herein:
1.
Section 103 and Section R103
2.
Subsection 105.2 and Subsection R105.2
3.
Subsection 105.5 and Subsection R105.5
4.
Subsections 108.2 & 108.3 and Subsections R108.2 & R108.3
5.
Section 112 and Section R112
6.
Subsection 1405.12.2 (IBC) and subsection R613.2
7.
Subsection R907.3 #4
155.03 AMENDMENTS AND ADDITIONS. The remaining sections in this chapter
are and represent amendments and additions to the requirements contained in the
International Building Code, International Residential Code, and International
Existing
Building Code, and where their requirements conflict with those of the International
Building Code, International Residential Code, and International Existing Building Code,
the requirements of this chapter shall prevail. The sections listed below shall be
construed in the context of the enumerated chapter or chapters of the International
Building Code, International Residential Code, and International Existing Building Code.
1.
2.
3.
4.
5.
6.
Section 155.03 – Section 202 IBC and Section R202 (definition of bedroom)
Section 155.05 – IBC and IEBC (Electrical Code)
Section 155.15 – Section 110.1 and Section R110.1 (Certificates of Occupancy)
Section 155.17 – Section 501.2 IBC (Premise Identification)
Section 155.18 – Section 1012.4 IBC and Section R311.5.6.2 IRC (Handrails)
Section 155.19 – Section 1026.3 IBC and Section R310.1 IRC (Egress window
maximum height)
7. Section 155.21 – Section 1805.2.1 IBC (Minimum Depth Frost Protection
Footings)
8. Section 155.22 – Section 1805.2.1 IBC and Section R403.1.4.1 IRC (Frost
Protection for Accessory Structures)
9. Section 155.23 – Table 1805.4.2 IBC and Table R403.1 IRC (Minimum footing
requirements)
10. Section 155.25 – Section R404.5 IRC (retaining walls)
11. Section 155.27 - Sections 3410.2 IBC & 1301.2 IEBC (Existing Structures)
12. Section 155.29 – Section P2603.6 IRC (water service depth)
13. Section 155.30 – Section P2719.1 IRC (Floor Drains)
14. Section 155.31 – Section P2803.6.1 IRC (Water heater floor drain)
15. Section 155.32 – Section P2903.7 IRC (minimum water service pipe)
16. Section 155.33 – Section P3005.4.2 IRC (Building sewer)
17. Section 155.34 – Section P3008.1 IRC (Backwater valves)
18. Section 155.35 – Section P3101.2.1 IRC (Vent not required)
19. Section 155.36 – Section G2415.1 IRC (Prohibited locations for Gas Pipe)
For the purposes of this code, the word “bedroom” means any room with a permanently
built in closet, designed for and potentially used for sleeping purposes at the present time
and/or in the future. Bedrooms shall meet all the minimum provisions of this code to
include a minimum of 70 square feet of floor area with the least horizontal dimension of
7 feet, glazing for natural light to be not less than 8 percent of floor area, heat provided in
the room to maintain a minimum of 68 degrees, 3 feet from the floor and 2 feet from the
exterior walls, a height of 7 feet in the room(s) shall be maintained, shall meet the
minimum emergency escape and rescue opening, shall have a permanently powered
smoke alarm device with battery backup. Bedrooms include dens, offices, playrooms,
family rooms, storage areas, and other rooms with built in closets. For the purpose of
this chapter “bedroom(s) and sleeping room(s) shall be synonymous with each other.
155.04 DEPARTMENT ESTABLISHED; DIRECTOR APPOINTED. There is
hereby established in the City the Department of Building, which shall be under the
direction and supervision of the Building Official. The Building Official shall be
responsible to the City Administrator for the enforcement of the Building Codes, and
such other ordinances as shall assign the Building Official that function, and shall
perform such other duties as may be required by the City Administrator or by any
classification plan adopted by the City.
The Building Official shall have the authority to appoint staff members and delegate
duties to those staff members. The Building Official shall submit a report to the City
Administrator not less than once a year, covering the work of the department during
the preceding period and shall incorporate in that report a summary of
recommendations as to desirable amendments to this code.
The Building Official shall keep a permanent, accurate account of all fees and other
moneys collected and received under this code, the names of the persons upon whose
account the same were paid, the date and amount thereof, together with the location of
the building or premises to which they relate.
The titles Director of Building, and Building Official, as used herein, are synonymous
and may be used interchangeably.
155.05 ELECTRICAL. Any reference in the International Building Code and
International Existing Building Code to the “ICC Electrical Code” shall be replaced
with “the National Electrical Code as adopted per chapter 158 of the City of
Bondurant Code of Ordinances “.
155.06 WORK EXEMPT FROM PERMIT. A building permit shall not be required
for the following. Exemption from the permit requirements of this code shall not be
deemed to grant authorization for any work to be done in any manner in violation of
the provisions of this code or any other laws or ordinances of this jurisdiction.
Building:
1.
One-story detached accessory structures used as tool or storage sheds,
playhouses, pet shelters and similar uses, provided the projected floor area does not
exceed 120 square feet in area and complies with all applicable zoning requirements.
Such building must be located at least three (3) feet from any property line and/or the
easement width and ten (10) feet into the rear yard from any principle structure in an
A-1, R-1, R-2, R-4 and One & Two family dwellings in an R-3 and R-5 Zoning
District. Setbacks for all other Zoned Districts shall comply with the applicable zoning
regulations as adopted by the City of Bondurant, Code of Ordinances.
2.
Movable and non-fixed cases, racks, fixtures, counters and partitions not over
five (5) feet nine (9) inches high.
3.
Retaining walls which are not over four (4) feet in height, measured from the
bottom of the footing to the top of the wall, unless supporting a surcharge or impounding
Class I, II, or IIIA liquids.
4.
Water tanks supported directly upon grade if the capacity does not exceed 5,000
gallons and the ratio of height or diameter or width does not exceed two to one.
5.
Prefabricated swimming pools accessory to a Group R-3 occupancy or One and
Two Family Structure that are less than 30 inches in depth located above grade and less
than 18 inches in depth located below grade and do not contain more than 5,000 gallons.
6.
Swings and other playground equipment accessory to detached one and two
family dwellings.
7.
Sidewalks and driveways not more than 30 inches above adjacent grade, and not
over any basement or story below and are not part of an accessible route.
8.
Painting, papering, tiling, carpeting, cabinet tops and similar finish work.
9.
Temporary motion picture, television and theater stage set and scenery.
10. Window awnings supported by an exterior wall and do not require additional
support for Group R, Division 3 occupancies when projecting not more than 54 inches.
11. Amusement Rides (for the purposes of this exemption, accessory structures
serving amusement rides and other structures located within the confines of an
amusement ride theme park are not considered an amusement ride).
12.
Mobile or manufactured residential buildings which are:
A.
Located in an authorized mobile home park or similar development, and
B.
Installed in a manner complying with the State Building Code, said installation to
be certified in the manner specified by the State Building Code Commissioner.
13. Minor maintenance and repair work that is deemed by the building official not to
affect structural strength, safety, fire resistance, or sanitation, provided that no such work
shall be performed in a manner contrary to any provisions of this code or any other laws.
Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be
required when appropriate for the above exempted items. Exemption from the permit
requirements of this code shall not be deemed to grant authorization for any work to be
done in any manner in violation of the provisions of the code or any other laws or
ordinances of this jurisdiction.
155.07 PERMIT FEES.
1. Permit Fees:
A.
A fee for each building permit shall be paid to the building official in the
amount set forth in the Schedule of Fees as adopted by the city council. Building
permit fees are figured on valuation. Valuation is figured by totaling square footage
according to type of building or value of project. The amounts used to determine the
valuation shall be set by the Building Official as determined necessary but not to
exceed more than once in 12 month period typically beginning in January/February of
each year. No building permits shall be issued to any person who has fees outstanding
as required by this code or any other laws or ordinances of the City.
B.
The determination of value or valuation under any of the provisions of the
building code shall be made by the building official. The valuation to be used in
computing the permit and plan-check fees shall be the total value of all construction
work for which the permit is issued, as well as all finish work, painting, roofing,
electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems
and any other permanent work or permanent equipment. A fee for each building
permit shall be paid to the building official in the amount set forth in the Schedule of
Fees as adopted by the city council.
C.
If a permit is issued for a specific amount of work and, upon inspection, it is
determined that more work was performed than was authorized by the permit, the
permittee shall amend the permit or obtain another permit to include all additional
work and shall pay a new base fee and any unit fees as described in paragraph A
above.
D.
Permits and Fees for mechanical, plumbing, and electrical work shall meet the
requirements of Ordinances 156, 157, and / or 158 respectively.
2.
Additional permit fees are as follows:
A.
Plan Check Fees: Plan Check Fees shall be in the amount set forth in the
Schedule of Fees as adopted by the city council.
B.
Sidewalks and Approaches: Sidewalks and approaches shall be constructed with
all new buildings. All approaches must be minimum 6 inches thick concrete from
street to property line. Fees for sidewalks and approaches shall be in the amount set
forth in the Schedule of Fees as adopted by the City Council.
C.
Foundations: The fee for a permit to construct only a foundation shall be 150%
of the fee in the amount set forth in the Schedule of Fees as adopted by the city
council. For purposes of this determination, the valuation of the foundation shall be
considered to be ten percent (10%) of the total building valuation.
D.
Accessibility review fee. A fee in the amount set forth in the Schedule of Fees as
adopted by the city council shall be charged for the review of plans in accordance with
Sec 661-16.303 of the Iowa Administrative Code and Chapter 11 of the IBC for handicap
accessibility provisions. The review fee shall not be required for construction for and
associated with one and two family dwellings and for projects with an assessed value of
construction of less than $2,000.00.
E.
Thermal Efficiency Standards. In addition to other fees required in this section, a
fee in the amount set forth in the Schedule of Fees as adopted by the city council shall be
paid to the Building Official for the review of plans and inspection of construction for
compliance with the thermal efficiency standards of the Iowa State Building Code and
Chapter 13 of the International Building Code.
F.
Double Fee. Except in emergency situations, as determined by the Building
Official, where work for which a building permit is required by this code is started or
proceeded with by any person prior to obtaining a required permit, the fees in the amount
set forth in the Schedule of Fees as adopted by the city council shall be doubled. The
payment of such double fee shall not relieve any person from fully complying with the
requirements of this code in the execution of the work or from any other penalties
prescribed herein. No additional permits of any type shall be issued to any person who
owes the City the double fee described in this subsection. However, no double fee shall
be imposed upon any person who starts without a permit if:
1.
The work is started on a Saturday, Sunday, or holiday, or during any other day
when the Building Department is not normally open for business; and
2.
The person secures the proper permit on the next Building Department working
day.
3.
No Plan review is required prior to issuance of the permit.
G.
Refunds. If, within 30 days of the date of issuance, the holder of a building permit
decides not to commence the work described in said permit, said person may, upon
application to the Building Official, be refunded that portion of the permit fee which is in
excess of the permit refund fee in as set forth in the Schedule of Fees as adopted by the
city council.
H.
Fees for Permit Renewals as stated in Section 155.08 shall be based on the
percentage of valuation of remaining work to be performed provided the plans are not
changed. If the plans are changed enough to warrant a review then the permit fee shall be
½ the cost of the original fee plus any fees as set forth in subsection J of this code
section.
* Or the hourly cost to the jurisdiction, whichever is greater. This cost shall include
supervision, overhead, hourly wages, and fringe benefits of the employees involved.
I.
Re-inspections. A re-inspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or
when corrections called for are not made. This section is not to be interpreted as
requiring re-inspection fees the first time a job is rejected for failure to comply with
the requirements of this code, but as controlling the practice of calling for inspections
before the job is ready for such inspection or re-inspection. Re-inspection fees may be
assessed when the inspection record card is not posted or otherwise available on the
work site, the approved plans are not readily available to the inspector, for failure to
provide access on the date for which inspection is requested, or for deviating from
plans requiring the approval of the building official. To obtain a re-inspection, the
applicant shall file an application therefore in writing on a form furnished for that
purpose and pay the re-inspection fee as set forth in the Schedule of Fees as adopted
by the city council. In instances where re-inspection fees have been assessed, no
additional inspection of the work will be performed until the required fees have been
paid.
J.
Other Inspections and Fees: See the schedule of fees as adopted by City
Council.
Persons performing work for the Federal Government, the State, the county or city
may obtain permits for such work without paying the permit fees described herein;
provided, however, that nothing in this section shall be construed to exempt payment
of permit fees by persons performing work under the direction of the City in
connection with the abatement of any public law.
An expired permit may not be reissued without a permit fee except by resolution of the
City Council.
155.08 EXPIRATION. Every permit, except a demolition permit, issued by the
building official under the provision of the building code shall expire under any one of
the following conditions:
1.
Failure to begin work authorized within 180 days after issuance of the permit.
2.
Suspension or abandonment of work for 120 days after commencement of the
work. Time of occurrence of suspension or abandonment of work shall be computed
from the date of the most recent inspection since which no progress has been made.
3.
Failure to complete work on a structure designed for residential uses within one
year after issuance of a permit.
4.
Failure to complete work on a structure designed for commercial or industrial
uses within two years after issuance of a permit. For permits with a
valuation
exceeding $10,000,000.00 work shall be completed within three years after issuance of a
permit. Any permitee holding an unexpired permit may apply for an extension of the
time within which he or she may commence or continue work. The building official
is authorized to grant, in writing, for periods not more than 180 days each, two
extensions. The extension shall be requested in writing and justifiable cause
demonstrated. Any of the extensions may be further extended by action of the City
Council. In all cases, when a renewal is granted the structure for which the permit is
required shall comply with code requirements in effect at the time the permit is renewed.
155.09 LICENSING FOR ELECTRICAL, PLUMBING, AND MECHANICAL
CONTRACTORS AND INSTALLERS. The provisions of Ordinance Chapter 160 of
the City of Bondurant, Code of Ordinances shall be applicable for any work performed in
regards to electrical, plumbing, and mechanical systems. In cases where an owneroccupant of a single-family dwelling desires to install plumbing and plumbing fixtures,
heating or comfort cooling equipment, wiring, electrical equipment, or perform any
electrical work in said person’s single-family dwelling, said person may appear before
the Building Official and show competency to do the specific work for which said person
desires a permit. After such showing, said owner-occupant may obtain a permit by
paying the proper fee, without having to meet the provisions of Ordinance Chapter 160.
155.10 BOARD OF APPEALS. In order to hear and decide appeals of orders,
decisions or determinations made by the Building Official relative to the application and
interpretation of this code, there shall be and hereby created a Board of Appeals,
consisting of five (5) members. Board members shall be chosen and appointed based on
diversity and building construction knowledge, all of whom shall be residents of the City
of Bondurant, Iowa. One (1) member of said Board of Appeals at a minimum shall be a
private citizen. The Building Official or designated representative shall be an ex-officio
member without a vote and shall act as secretary of the Board. The appointment of
members shall be for three (3) year terms, expiring on December 31, with not more than
two (2) members’ terms expiring any one year.
The Building Board of Appeals shall be appointed by the Mayor, subject to Council
approval, and shall serve without compensation. The Board shall adopt reasonable rules
and regulations for conducting its investigations and shall render all decisions and
findings in writing to the Building Official with a duplicate copy to the appellant, and
may recommend to the City Council such new legislation as is consistent therewith. The
Board shall meet at will and when there are appeals or business on file for a hearing.
Nominal appeal fee to the Building Board of Appeals shall be paid as set forth in Section
155.07 PERMIT FEES. The appeal shall be valid for one (1) year from the date of the
Board approval to the commencement of work and to the completion of work undertaken
pursuant to the approval.
155.11 DEMOLITION OF BUILDINGS AND STRUCTURES.
1.
Permit Required; Expiration.
A.
No person shall commence the work of demolishing any building or structure
until a permit authorizing such work has been obtained from the Building
Official. Every demolition permit issued under the provisions of this code shall expire
by limitation and become null and void if the work authorized by such permit is not
commenced within seven (7) calendar days from the date of issuance, or if the work
authorized by such permit is not completed within 30 calendar days of the date of
issuance, unless, because of the extensiveness of the project, the Building Official
deems at the time of issuance, a longer period for either commencement or completion
should be granted.
B.
Any permittee holding an unexpired demolition permit may request in writing
an extension of time within which the demolition work may be commenced or
completed. If such request contains good and satisfactory reasons showing that
circumstances beyond the control of the permittee have prevented timely
commencement or completion of the work, the Building Official may extend the
applicable expiration date.
C.
The fee for such permit shall be at the same rate as the original permit.
D.
If a demolition permit to remove an unsafe building or a building that is the
subject of a public nuisance action has expired, the Building Official shall order the
prompt removal of such structure, in accordance with all requirements of this chapter.
All of the costs attendant to this action, including administrative costs, shall be either
assessed against the property or collected from the owner unless otherwise directed by
the Council.
2.
Application for Permit. Application for a permit to demolish a building or
structure shall be made to the Building Official. The applicant shall provide the
following information:
A.
In the case of demolition by explosives, the applicant shall furnish the
information required in this subsection and shall furnish information regarding the
person who will be conducting the demolition by explosives and shall furnish plans
showing how the building or structure will be prepared for demolition, the type and
amount of explosives to be used; and a detailed plan showing what safety precautions
will be taken to protect persons and property.
B.
A permit for the demolition of a building or structure by the use of explosives
may be issued by the Council subject to the following:
1.
The applicant for a permit must demonstrate to the Council the need for demolition
by explosives rather than demolition by conventional means and must demonstrate that
demolition by explosives can be safely conducted at the specific location requested.
2.
The Building Official, Fire Chief and Police Chief shall review the application and
submit their opinions to the Council concerning whether or not the demolition can be
safely conducted together with any recommendations they may have.
3.
The applicant shall provide a certificate of liability insurance for personal injuries,
death and for property damage in an amount not less than $1,000,000 naming the City as
an additional named insured party. The certificate shall provide that the coverage shall
not be canceled or changed without ten days’ prior written notice to the City. The
Council may require additional insurance coverage in instances where the hazard appears
greater than normally expected and may also in such instances require the posting of a
bond acceptable to the City in an amount commensurate with the severity of the hazard.
The bond shall provide that the applicant shall well and satisfactorily perform the
demolition. The bond shall be for the benefit of the City and any person who is injured or
damaged by the failure of the applicant to satisfactorily perform the demolition.
4.
The applicant shall agree to indemnify and hold harmless the City from all losses
resulting from damages or injuries caused by the applicant or the applicant’s employees,
servants or agents arising out of the use of explosives in demolition.
5.
The applicant shall pay the City in advance for reasonable expenses that will be
incurred by the City in furnishing necessary security and police protection in the vicinity
of the demolition site.
6.
The applicant shall observe all applicable Federal, State and local laws in the
course of the demolition including but not limited to the following:.
(a)
The applicable provisions of the fire prevention code relating to the storage,
transportation and use of explosives.
(b) The rules and regulations of the United States Environmental Protection Agency
relating to the demolition of buildings or structures containing asbestos materials or other
hazardous air pollutants.
7.
The applicant shall meet all other requirements of this chapter relating to the
demolition of structures or buildings, provided, however, that should a conflict exist
between the provisions of this paragraph and other provisions of the Code of Ordinances,
the provisions of the paragraph shall be deemed controlling.
8.
The applicant need not obtain an obstruction permit as provided in Section 155.12
of this chapter to block off portions of the public property within an appropriate distance
of the demolition site provided that the obstruction is for less than a 24 hour period and
provided that the obstruction is for security purposes in connection with the use of
explosives. However, the applicant shall be required to obtain an obstruction permit to
use public property in the cleanup operations following the detonation of explosives.
9.
The Council shall at any time have the authority to impose additional
requirements and safety precautions in the interest of the public health, safety, and
welfare.
3.
Permit – Issuance, Validity, Expiration, Revocation, Fees.
A.
Except as otherwise provided in this section, the issuance, validity, expiration,
and revocation of any permit to demolish a building or structure shall be administered
in accordance with Section 155.07 of this chapter and Section 105 of the International
Building Code and Section R105 of the International Residential Code.
B.
Permits fees shall be as set forth in the amount set forth in the Schedule of Fees
as adopted by the City Council.
4.
Utility Services. No permit to demolish shall be issued until it has been
established that existing utility services have been properly disconnected and
approved.
5.
Permit - Bond Required.
A.
Before a permit is issued to remove a building which has been ordered removed
as a public nuisance pursuant to the provisions of the International Building Code and
International Residential Code, and which period of time granted by the courts for
removal or other remedial action by the applicants or other party of interest has
expired, the applicant may be required to post a cash bond equal to the estimated costs
of the removal of the building and the disconnection of the existing utility services. If
the building is not removed by the applicant at the time the permit expires at a time
specified by the Building Official, such bond shall be forfeited and used toward the
costs of the City to remove it.
B.
If the building is removed by the applicant prior to the time the permit expires,
such bond shall be returned to the applicant. A return of the bond does not exempt the
applicant from further assessments to the real estate for costs which have occurred
prior to the issuance of the permit.
6.
General Requirements.
A.
The Building Official shall have the authority to impose at any time, reasonable
requirements and safety precautions in the interest of public health, safety, and welfare
which, in the opinion of the Building Official, are commensurate with the severity of
hazard, either demonstrated or anticipated, provided that such requirements may be
appealed to, and reviewed by, the board of appeals at the request of the affected party.
B.
In addition, the following provisions shall be met:
1.
The discharging, loading, or dumping of building materials from any building shall
be accomplished in such manner as to minimize the creation of dust and scattering of
debris. Materials shall not be dropped by gravity to any point lying outside the building
walls except through an enclosed chute, unless such materials are dust free and the height
of drop is at least equal to the horizontal distance to the nearest property or barricade line.
Where such horizontal distance is not available and practical necessity dictates the
dropping of relatively large masses of materials, the Building Official may approve
appropriate protective measures designed to provide protection from danger equivalent to
that afforded by the otherwise required horizontal setback, provided however, that in all
cases, such materials shall be handled in a manner approved by the Air Pollution Control
Division of the County Health Department.
2.
When necessary to protect the public health, safety, or welfare, every demolition
project shall be barricaded, fenced, lighted, and signed with warning and/or directional
signs in a manner approved by the Building Official. The Building Official may also
require the presence of approved security guards or flagmen. Such barricades, fences,
lights, and signs as may be deemed necessary by the Building Official for protection of
the public shall be maintained after completion of the demolition work until such time as
the site is cleaned of all debris and all excavations, basements, and depressions in the
ground are restored to grade and rendered harmless.
3.
Adequate precautions shall be taken to insure that procedures or conditions
relating to the demolition work do not constitute a fire hazard. If, in the opinion of the
Fire Chief, a fire hazard exists, or is likely to exist, the Fire Chief may order the cessation
of work or require that appropriate protective measures, approved by the Fire Chief, be
taken.
4.
All streets, alleys, and public ways adjacent to the demolition site shall be kept
free and clear of any rubbish, refuse, and loose materials resulting from the demolition
work unless an obstruction permit for such space has been obtained.
Upon Completion of the demolition work, the site shall be left in a clean, smooth
condition. Inorganic building rubble, sand, clean earth, or other approved fill material
may be used to fill excavations, basements, and depressions, provided that the top 12
inches shall be clean earth or its equivalent in terms of surface smoothness, freedom from
dust, and cleanliness. If the surface is to be used for the parking of vehicles, it shall be
constructed as required in the Zoning Code.
155.12 OBSTRUCTION PERMIT, BOND AND INSURANCE.
1.
No person shall use any portion of public property as described in the
International Building Code and International Residential Code without first obtaining
an obstruction permit which shall state:
A.
The name of the owner of the property abutting the public property to be used.
B.
The name of the person applying for the obstruction permit.
C.
An accurate description of the public property to be obstructed or occupied.
D.
The length of time said obstruction or occupancy shall exist.
E.
An agreement to comply in all respects with the provisions and requirements of
this code and other ordinances of the City relating to the use of streets and alleys, and
to indemnify and save and keep harmless the City from any and all costs, expense or
liability for damages, or injuries to persons or property, or liability of any kind
whatsoever, arising from or growing out of the use and occupancy of such street or
growing out of the deposit of such material or any failure to properly pile, deposit,
guard, light or care for the same.
F.
Such additional requirements as may be deemed necessary for the protection of
the City and its inhabitants.
2.
Before an obstruction permit shall be issued, there shall be placed on file in the
office of the Department of Building Permits and Inspections:
A.
Surety Bond. A surety bond in the sum of $5,000.00 conditioned to insure
removal of the obstruction by or before the expiration date of said obstruction permit,
or such extended time as may be granted by the City; and
B.
Liability Insurance. Liability insurance, showing the city as named insured and
providing a minimum limit of liability in the amount of $500,000.00 each accident, for
accidents caused by maintenance of such obstruction. The insurance policy shall
contain a provision whereby such insurance may be canceled or materially altered
only after giving the City ten day’s written notice of the change or cancellation.
3.
Such surety bond and liability insurance shall be approved by the Building
Official and the legal department and shall be conditioned to secure the performance
of such agreement by the applicant.
4.
No person shall, under any permit, occupy more area than is stated in the
obstruction permit.
5.
The fee for an obstruction permit shall be in the amount set forth in the
Schedule of Fees as adopted by the City Council.
155.13 PERMANENT OCCUPANCY OF PUBLIC PROPERTY.
1.
No part of any structure or any appendage thereto, except signs, shall project
beyond the property line of the building site, except as specified in this code, provided,
however, that a structure or appendage thereto may project beyond the property line of
the building site when the applicant holds a property interest including but not limited to
air rights, within the area of the project sufficient to establish a legal right to build therein
or thereon.
2.
Structures or appendages regulated by this section shall be constructed of materials
as specified in Section 704 of the International Building Code and section R302 of the
International Residential Code for structures regulated by such code.
3.
The projection of any structure or appendage shall be the distance measured per
the definition of Fire Separation Distance as noted in the International Building Code and
section R302 of the International Residential Code for structures regulated by such code.
4.
Nothing in this code shall prohibit the construction and use of a structure between
buildings and over or under a public way provided the structure complies with all
requirements of this code.
155.14 EXTERIOR BUILDING WALL CONSTRUCTION.
A.
Notwithstanding anything contained in Sections 602,or 704 of the International
Building Code and Section R302 of the International Residential Code, an exterior wall
may be constructed with openings without complying with the requirements of such
sections related to opening protection; provided, that before a building permit is issued
which permits an exterior wall to be so constructed, the owner of the building shall furnish
the Building Official with either:
1.
A copy of an easement or covenant running with the land applicable throughout the
existence of the proposed building in which those with interests in the property abutting the
side of the property on which said exterior wall is to be constructed agree not to construct a
wall set forth in said Sections 602,704 or R302 which would require said exterior wall and
said building on such abutting property to have the opening protection of said Sections 602,
704 or R302 which copy shall show the book and page where such document has been
filed of record in the office of the Polk County Recorder; or;
2.
An agreement, in a form capable of being filed of record in the office of the Polk
County Recorder, for the benefit of those with interest in the abutting property, by which
the owner of the building and the owner of the property on which said building is to be
built, jointly and severally agree, on behalf of themselves and their successors and assigns
for so long as said building is in existence, that, in consideration for being permitted to
building an exterior wall on said building without complying with said Sections 602, 704
or
R302 at such time as a building is erected on the abutting property within the distances
to said exterior wall contained is said Sections 602, 704 or R302 then they shall modify
or rebuild said exterior wall to conform at least to the requirements of said Sections 602
and 704 applicable to the actual separations of the building; said agreement shall be
recorded at the expense of the applicant for the building permit.
B. Notwithstanding anything contained in Section 602 or 704 of the International
Building Code and Section R302 of the International Residential Code, an exterior
wall may be constructed with openings adjacent to a public street or alley right-of-way
without complying with the requirements of such sections related to opening
protection, provided the following conditions are each satisfied:
1.
The setback between the exterior wall and the far side of the adjoining public
right-of-way must conform at least to the requirements of such sections 602, 704 or
R302 applicable to the actual separation of building.
2. The City Council has by resolution declared an intent to permanently maintain the
adjoining right-of-way as a public street or alley, and to never permit a structure to be
constructed or placed upon the right-of-way within the required separation from the
exterior wall. The resolution shall specifically describe the affected right-of-way and
shall be in a form that can be recorded and indexed into the records of the county
recorder.
3. The owner of the building has furnished a copy of the City Council resolution
described above, which copy shall show the book and page where such document has
been filed of record in the office of the county recorder
155.15 CERTIFICATES OF OCCUPANCY. Section 110.1 of the International
Building Code and Section R110.1 of the International Residential Code is amended
by adding the following: On all new construction, all necessary drives and
approaches are to be installed before a Permanent Certificate of Occupancy is issued.
All public concrete sidewalks placed over sanitary sewer, storm sewer and water
ditches shall have not less than two (2) number four (4) re-rods twenty feet (20) long.
All public sidewalks shall also meet the requirements of the Statewide Urban Design
and Specifications and Chapter 180 of the Municipal Code as adopted by the city.
155.16
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA. For the
purposes of this chapter the following climatic and geographic design criteria shall be
as follows:
Ground
Snow Load
Wind
Speed
MPH
Seismic
Design
Category
30 PSF
90
A
Subject to Damage From
Weathering
Severe
Frost
line
Depth
42”
Termite
ModerateHeavy
Winter
Design
Temp
Ice Barrier
Underlayment
Required
-5 F
Yes
Flood Hazards
NFIP
Acceptance
Zone C
10-Nov-82 –
No local
amendments.
Air
Freezing
Index
Mean
Annual
Temp
1833
48.6
155.17 PREMISE IDENTIFICATION. Section 501.2 IBC shall be amended by
deleting the number 4 inches to 6 inches for other than Group R-3 occupancies and
individual dwelling units in an R-2 occupancy.
155.18 HANDRAILS. The following shall be added at the end of exception #1 of
Section 1012.4 of the International Building Code and Section R311.5.6.2 of the
International Residential Code. “Handrails within a dwelling unit or serving as an
individual dwelling unit of groups R-2 and R-3 or One and Two family dwellings shall be
permitted to be interrupted at one location in a straight stair when the rail terminates
into a wall or ledge and is offset and immediately continues”.
155.19 REQUIREMENTS FOR EGRESS WINDOW LANDINGS. Section 1026.3
of the International Building Code and Section R310.1 of the International Residential
Code shall be added to the end of the section to state as follows: “Where a landing is
provided for egress windows in new and existing construction of Group R
occupancies/One and Two family Dwellings only when the maximum height requirement
can not be met as stated in Section 1026.3 or Section R310.1 shall have a minimum width
of 36 inches, a minimum depth of 18 inches and a maximum height of 24 inches. The
landing shall be permanently affixed to the floor under the window it serves.
155.20 SNOW LOADS. For purposes of determining snow loads as required in Section
1608 of the International Building Code and Section R301.6 of the International
Residential Code, the minimum ground snow load for design purposes shall be 30
pounds per square foot. Subsequent increases or decreases shall be allowed as otherwise
provided in this code, except that the minimum allowable flat roof snow load may be
reduced to not less than 80 percent of the ground snow load.
155.21 MINIMUM DEPTH FROST PROTECTION FOOTINGS. Section 1805.2.1
#1 of the International Building Code shall be amended by deleting “Extending below the
frost line of the locality” and replacing with “Extending to a depth of 42 inches below
grade”.
155.22 FROST PROTECTION FOR ACCESSORY STRUCTURES. Section
1805.2.1 of the International Building Code and Section R403.1.4.1 of the International
Residential Code shall be amended by adding the following: Exception #4. The Building
Official may approve slab-on-grade foundation designs for wood or metal frame
residential accessory structures over 600 square feet to not exceeding 1,000 square
feet, without additional engineering, providing the design meets all of the following:
A. Foundations supporting wood shall extend at least six inches above the adjacent
finish grade. The grade shall be removed to a depth sufficient enough for all
vegetation to be absent and soils to be stable enough to support the slab load, 3,000#
concrete mix shall be used.
B.
The entire perimeter of the foundation shall be provided with a thickened
portion of slab with cross section dimensions of 10 inches minimum width and 16
inches minimum thickness.
C.
The slab floor shall be a minimum of 4 inches thick concrete with 6” x 6”
reinforcing mesh or #4 reinforcing bars 24” on center front-to-back and side-to-side.
The thickened portion of the slab shall also contain two #4 rebars, one near the top
and one near the bottom continuously with ends of rebar overlapping each other at
least 15 inches.
D.
Slab floor and thickened edge shall be one continuous pour, interconnected
with reinforcing.
E.
Vertical distance from the top of the foundation floor to the lowest point of the
footing base shall not be more than 24 inches.
155.23 FOUNDATIONS FOR STUD BEARING WALLS. The following table is
substituted for Table 1805.4.2 of the International Building Code and Table R403.1 of
the International Residential Code:
Number of
Stories
Table 1805.4.2/Table R40301 Foundations For Stud Bearing Walls
Thickness of Foundation
Minimum Thickness
Minimum Depth of
Walls
width of
of
Foundation Below Natural
Footings
Footings
Surface of Ground and
(inches)*
(inches)
Finish Grade (inches)
Unit
Concrete
Masonry
1
8
8
16
8
42
2
8
8
16
8
42
3
10
10
18
12
42
*See Section 155.19 for reinforcing requirements for one and two family dwelling units. All notes to
the table still apply except for footnote g.
155.24 FOUNDATION RETAINING WALLS FOR GROUP R OCCUPANCIES.
Scope. Notwithstanding other design requirements of Chapters 18, 19 and 21 of the
International Building Code and Sections R404.1 – R404.1.5.1 of the International
Residential Code, foundation retaining walls for group R occupancies of type V
construction may be constructed in accordance with this section, provided that use or
building site conditions affecting such walls are within the limitations specified in this
section.
Height of
Foundation Wall
(Net measured
from top of
basement slab to
top of foundation
wall)*
Thickness of
Foundation Walls
Unit
Reinforcement
type and
placement within
Foundation
Wall**
Reinforcement
type and
placement within
Foundation
Wall**
(12’ span between
corners and
supporting cross
walls.)
Type of Mortar
Gross
8
9
10
Net
7’ 8”
8’ 9”
9’ 8”
Concrete
7 ½”
8”
8”
Masonry
Concrete
8”
3 – ½” diameter
bars with placement
in the top, middle, and
bottom
See
Chapter 18
1/2” bars 2’ o.c.
horizontally & 20”
vertically o.c. (5/8”
bars 2’o.c.
horizontally & 30”
vertically o.c.)
See
Chapter 18
Masonry
0.075 square inch bar
8’ o.c. vertically in
fully grouted cells. If
block is 12” nominal
thickness, may be
unreinforced.
Masonry
Type M or S.
Grout & Mortar
shall meet
provisions of
Chapter 21
See Chapter 18
Same as above
See Chapter 18
Same as above
*Concrete floor slab to be minimum 4”. If such floor slab is not provided, a specially designed means of providing
lateral support at the bottom of the wall shall be required.
** All reinforcement bars shall meet ASTM A615 grade 40 and be deformed. Placement of bars shall be in center
of wall and meet the provisions of 18, 19, and 21 of the International Building Code.
NOTE: Cast in place concrete shall have a compressive strength of 3,000 lbs @ 28 days. Footings shall contain
continuous reinforcement of 2 – ½” diameter rebar throughout. Placement of reinforcement and concrete shall meet
the requirements of Chapter 19 of the International Building Code.
NOTE: Material used for backfilling shall be carefully placed granular soil of average or high permeability
and shall be drained with an approved drainage system as prescribed in Section 1807.4 of the International
Building Code. Where soils containing a high percentage of clay, fine silt or similar materials of low
permeability or expansive soils are encountered or where backfill materials are not drained or an unusually
high surcharge is to be placed adjacent to the wall, a specially designed wall shall be required.
155.25 RETAINING WALLS. Section R404.5 of the International Residential Code
shall be amended by deleting the number “24 inches” to “48 inches”.
155.26 RESIDENTIAL WOOD FLOOR CANTILEVERS. Notwithstanding the
provisions of Chapter 23 of the International Building Code and Chapter 5 of the
International Residential Code, the maximum floor cantilevers of dimensional wood floor
systems serving uses regulated by the International Building Code for group R
occupancies and residential occupancies regulated by the International Residential
Code
shall not exceed a projecting dimension equal to twice the depth of the floor joist for
bearing cantilevers and three times the depth of the joist for non-bearing cantilevers.
This provision shall not apply to Engineered Wood products or cantilevers designed
by a registered design professional for a specific application.
155.27 EXISTING STRUCTURES. Section 3410.2 of the International Building
Code and Section 1301.2 of the International Existing Building Code shall be
amended by deleting in the first sentence, “Date to be inserted by the jurisdiction” and
replacing with “1978”.
155.28 SECONDARY STORM SEWER. The provisions for secondary storm
sewers shall comply with Chapter 157 of the City of Bondurant, Code of Ordinances,
2002, for all structures with habitable and/or useable space below grade.
155.29 DEPTH OF WATER SERVICE. Section P2603.6 of the International
Residential Code shall be amended by deleting “Water service pipe shall be installed
not less than 12 inches deep and not less than 6 inches below the frost line” and
replacing with “Water service piping shall, whenever feasible, be no less than five feet
below the surface of the ground”.
155.30 FLOOR DRAINS. Section P2719.1 shall be amended by adding the
following section “Unless otherwise approved by the inspector, at least one floor
drain shall be provided in each room where an automatic water heater is, or will be
installed, and in each mechanical room. When installed in a basement floor, such
floor drain shall be at least three inches in diameter”.
155.31 WATER HEATER FLOOR DRAIN. Section P2803.6.1 shall be amended
by adding the following item number “14. Every water heater shall be located in close
proximity to a floor drain meeting the requirements of Ordinance section 155.30”.
155.32 MINIMUM WATER SERVICE SIZE. Section P2903.7 shall be amended
by deleting “ minimum size of water service pipe shall be 3/4 inch” and replacing with
“minimum size of water service pipe shall be 1 inch for mains over 6 inches in
diameter and ¾ inch minimum size of water service pipe for mains 6 inches or less in
diameter.”
155.33 BUILDING SEWER. Section P3005.4.2 shall be amended by adding the
following sentence at the end of the section “The minimum diameter for a building
sewer shall be four (4) inches.”
155.34 DRAINAGE BACKWATER VALVE. Section P3008.1 shall be amended
by adding the following sentences at the end of the paragraph “The requirement for
the installation of a backwater valve shall apply only when it is determined necessary
by the Building Official based on local conditions. When a valve is required by
the
Building Official, it shall be a manually operated gate valve or fullway valve. An
automatic backwater valve may also be installed, but it is not required.
155.35 VENTS NOT REQUIRED. Subsection P3101.2.1 shall be amended by adding
the following sections at the end of the paragraph. “No vents will be required on a
downspout or rail leader trap, a backwater valve, a subsoil catch basin trap, a three inch
basement floor drain, or a water closet provided its drain branches into the house drain
on the sewer side at a distance of five feet or more from the base of the stack and the
branch line to such a floor drain or water closet is not more than 15 feet in length. In
single and two- family dwellings no vent will be required on a two inch basement P trap,
provided the drain branches into a properly vented house drain or branch, three inches
or larger, on the sewer side a distance of five feet or more from the base of the stack and
the branch to such P trap is not more than eight feet in length”.
155.36 PROHIBITED LOCATIONS OF GAS PIPE. Section G2415.1 of the
International Residential Code shall be amended by deleting the last sentence in the
paragraph stating “Piping installed downstream of the point of delivery shall not extend
through any townhouse unit other than the unit served by such piping.”
155.37 SIGNS AND BILLBOARDS; DEFINITIONS. This section and the following
sections in this chapter are intended to regulate the construction, erection, alteration,
repair, and maintenance of all signs and sign structures in the City. For the purpose of
this section and the following sections of this chapter, certain terms, phrases, words and
their derivatives shall be construed as specified in this section or as specified in the
International Building Code and Chapter 181 of the Municipal Code. Where terms are
not defined, they shall have their ordinary accepted meanings within the context with
which they are used. Webster’s Third New International Dictionary of the English
Language, Unabridged, copyright 1993, shall be considered as providing ordinary
accepted meanings.
1.
“Approved plastic materials” means those which are defined in Section 2606.4 of
the International Building Code.
2.
“Billboard” means any structure, regardless of the material used in the
construction of the same, that is erected, maintained or used for public display of posters,
painted signs, wall signs, whether the structure be placed on the wall or painted on the
wall itself, 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.
3.
“Curb line” means the line at the face of the curb nearest to the street or roadway.
In the absence of a curb, the “curb line” shall be established by the City Engineer.
4.
“Legal setback line” means a line established by ordinance beyond which no
building may be built. A “legal setback line” may be a property line.
5.
“Noncombustible” means, when applied to building construction material, a
material which, in the form in which it is used, is either one of the following:
A.
Material of which no part will ignite and burn when subjected to fire. Any
material conforming to the International Building Code shall be considered
noncombustible within the meaning of this section.
B.
Material having a structural base of noncombustible material as defined in
paragraph A above, with a surfacing material not over 1/8 inch thick which has a
flame-spread rating of 50 or less.
“Noncombustible” does not apply to surface finish materials. Material required to be
noncombustible for reduced clearances to flues, heating appliances, or other sources of
high temperature shall refer to material conforming to paragraph A above. No material
shall be classed as noncombustible which is subject to increase in combustibility or
flame spread rating beyond the limits herein established, through effects of age,
moisture or other atmospheric condition. “Flame-spread rating,” as used herein, refers
to rating obtained according to test conducted as specified in the International
Building Code.
6.
“Nonstructural trim” means the molding, battens, caps, nailing strips, latticing,
cutouts or letters and walkways which are attached to the sign structure.
7.
“Projection” means the distance by which a sign extends over public property or
beyond the building line.
8. “Sign, illuminated” means any sign that is artificially lighted by any direct,
indirect, or internal light source.
9. “Structure” means that which is built or constructed, an edifice or building of any
kind, or any piece of work artificially built up or composed of parts joined together in
some definite manner.
155.38 INSPECTIONS OF SIGNS.
1.
The City has the right to inspect and re-inspect any sign or sign structure, and it
shall be within the sole discretion of the City to determine whether or not to exercise
its right of inspection with regard to any such sign or sign structure.
2.
In case any sign or sign structure is constructed, erected, altered, repaired or
maintained in violation of the requirements of this section, the City, in addition to
other remedies, shall be authorized to institute any proper action or proceedings to
prevent, restrain, correct, enjoin or abate such violation.
155.39 BILLBOARD LICENSE AND BOND REQUIRED. Any person or any agent
thereof, before erecting, constructing or maintaining any billboard in the City must
procure a billboard license and furnish a bond when so required by Section 156.41 of this
chapter. The billboard license shall be $200.00 per year, payable in advance.
155.40 SIGN ERECTOR’S LICENSE.
1.
Every person, erecting or installing signs for which permits are required by this
chapter shall obtain a license to conduct such operations, except that the occupant of a
premises may obtain a permit to erect or install a sign on the premises without a license if
the sign is not electrical, does not exceed 15 square feet, does not exceed 50 pounds, and
is attached flat against the side of a building or parapet wall.
2.
The license to erect signs shall be known as a sign erector’s license, of which there
shall be three classes, as hereinafter set out, and shall be issued only to those persons who
show sufficient knowledge and experience to satisfy the Building Official as to their
ability to erect signs of a size and weight allowed by the class of license for which they
are applying in a safe and substantial manner in accordance with the provisions of this
chapter. The three classes of license and the allowable size and weight of signs that may
be erected thereunder shall be as follows:
A.
Class “A”. A class “A” license shall entitle the holder thereof to erect any sign or
billboard that may be erected in accordance with provisions of this chapter.
B.
Class “B”. A class “B” license shall entitle the holder thereof to erect any sign, but
not a billboard, which does not exceed 75 square feet in area or 400 pounds in weight.
C.
Class “C”. A class “C” license shall entitle the holder thereof to erect any sign,
but not a billboard or roof sign, which does not exceed 20 square feet in area or 150
pounds in weight.
3.
All licenses shall expire on December 31 of each even numbered year. Any
expired license may be renewed without examination within 30 days after the expiration
date and upon payment of the renewal fee plus $100.00. When more than 30 days have
passed no expired license shall be renewed except upon the recommendations of the
zoning enforcement officer and payment of the renewal fee plus $10.00.
4.
The license fee for each class of license shall be as follows:
A. Class “A”: $80.00 biennially.
B. Class “B”: $40.00 biennially.
C. Class “C”: $20.00 biennially.
The initial fee shall be pro-rated in accordance with the following schedule:
Number of Months Until First Renewal Date
18-24
12-18
0-12
Initial Fee Reduction (%)
0
25
50
5.
An application for a sign erector’s license shall be made to the Department of
Building and shall contain the name and address of the proprietor, president or other
senior officer in charge of applicant’s business and such other pertinent information as
the department may request. The Building Official shall examine the qualifications of
each applicant and shall cause license to be issued to all those properly qualified after
their bonds have been filed and approved by the legal department and license fees
have been paid.
155.41 SIGN ERECTOR’S BOND.
1.
Prior to the issuance of a sign erector’s license, the person desiring such a
license shall file with the Department of Building a good and sufficient bond running
to the City, the penal sum of which shall be $10,000.00 for a Class “A” license,
$5,000.00 for a Class “B” license, $2,500.00 for a Class “C” license, to indemnify,
save and keep harmless the City from any and all costs, damages, or expenses of any
kind whatsoever which may be suffered by the City or which it may be put to, or
which may accrue against it by charging to or recovering from the City from or by
reason of the granting of permission to erect such signs, or by reason of any acts or
things done under or by authority of permission granted by the Department of
Building to erect such signs in the City or by reason of the negligence, failure or
refusal of any person to comply with all the provisions of this chapter applicable to
such signs.
2.
At any time the bond of any sign erector is permitted to lapse, said person’s
license shall be automatically suspended and shall remain suspended until such sign
erector again files a bond as required in this section.
155.42 SHELTER FOR THE HOMELESS.
1.
Definition. A shelter for the homeless is a building used to provide primarily
short-term lodging and meals and which may also provide other services, including
counseling, with or without compensation, to transient individuals or individuals who
have no access to traditional or permanent housing.
2.
No building or portion thereof that is used as a shelter for the homeless shall be
occupied as such unless an inspection certificate for such use has been issued by the
Building Department. Such certificate shall be valid for no more than one year from
the date of issuance and no new certificate shall be issued until the premises have been
re-inspected for compliance with applicable building code and fire safety requirements.
3.
No fee shall be charged for the annual inspection or certificate of compliance
issued under this section; provided, however, that this fee exemption shall not apply to
permit fees, when required.
(Ordinance No. 07-200)
(Ordinance No. 08-219)
CHAPTER 156
MECHANICAL CODE
156.01
156.02
156.03
156.04
156.05
156.06
156.07
Adoption of International Code
Deletions
Amendments and Additions
Electrical
Department of Mechanical Inspections
Permits Not Required
Permit Issuance
156.08 Permit Fees
156.09 Expiration
156.10 Licensing for Electrical, Plumbing and Mechanical
Contractors and Installers
156.11 Stop Work Orders
156.12 Prohibited Locations of Gas Pipe
156.13 Board of Appeals
156.01 ADOPTION OF INTERNATIONAL CODE. This chapter shall consist of
the “International Mechanical Code, 2006 Edition, and the International Fuel Gas
Code, 2006 Edition” as published by the International Code Council which volume is
incorporated herein by this reference as fully as though set forth herein in its entirety
excepting only such portions as are herein stated to be deleted therefrom; and such
additional provisions as are hereafter set forth. This chapter and all provisions
incorporated herein by reference or otherwise, shall be known as the “Mechanical
Code,” may be cited as such, and will be referred to herein as such and as “this code”.
156.02 DELETIONS. The following are hereby deleted from the International
Mechanical Code and International Fuel Gas Code, and are of no force or effect
herein:
1.
2.
3.
4.
Section 106.4.3 & 106.4.4
Section 106.5
Section 108.4
Section 109
156.03 AMENDMENTS AND ADDITIONS. The remaining sections in this
subchapter are and represent amendments and additions to the requirements contained
in the International Mechanical Code and International Fuel Gas Code, and where they
conflict with those of the International Mechanical Code and International Fuel Gas
Code, the requirements of this chapter shall prevail.
1.
2.
3.
4.
5.
Section 156.05 - Section 103.1 – (Department of Mechanical
Inspection)
Section 156.06 - Section 106.2 (Work Exempt from Permit)
Section 156.07 – Section 106.4 (Permit Issuance)
Section 156.11 – Section 108.5 (Stop Work Orders)
Section 156.12 – Section 404.1 IFGC (Prohibited locations for Gas
Pipe)
156.04 ELECTRICAL. Any reference in the International Mechanical Code and
International Fuel Gas Code to the “ICC Electrical Code” shall be replaced with “the
National Electrical Code as adopted per chapter 158 of the City of Bondurant Code of
Ordinances”.
156.05 DEPARTMENT OF MECHANICAL INSPECTION. Section 103.1 shall be
amended by deleting the first paragraph and replacing with the following: “There is
hereby established in the City the Department of Mechanical Inspections, which shall be
under the direction and supervision of the Building Official. The Building Official shall
be responsible to the City Administrator for the enforcement of the Building Codes, and
such other ordinances as shall assign the Building Official that function, and shall
perform such other duties as may be required by the City Administrator or by any
classification plan adopted by the City. Additional responsibilities of the Building
Official shall be assigned as required per Chapter 155 of the City of Bondurant, Code of
Ordinances.”
156.06 PERMITS NOT REQUIRED. Section 106.2 #5 shall be amended by deleting
said language and replacing with the following: “Minor repair, cleaning, adjustment, or
replacement of any heating, ventilating, cooling, or refrigeration equipment where the
total cost of the work does not exceed $100.00. This exemption shall be deemed to
include adjustments by a gas supplier in a gas piping system due to the exchange or
relocation of a gas meter.”
The term “portable” as set forth in Section 106.2 of the International Mechanical Code
and the International Fuel Gas Code shall mean that which may be easily and/or readily
carried or transported by hand from place to place without tools or aid of devices.
156.07 PERMIT ISSUANCE. Section 106.4 shall be added to the end of the section to
state as follows:
A.
Permits are not transferable. Mechanical work performed under the provisions of
this chapter, must be done by the contractor securing such permit, or said contractor’s
firm or corporation.
B.
A contractor licensed under the provisions of this code shall secure permits only
for himself or herself, or for a single firm or corporation. When a contractor has secured
such a permit, only the employees of such contractor shall perform the work for which
the permit was obtained.
C.
For purposes of this section, an “employee” shall be one employed by the
contractor, firm or corporation for a wage or salary. A contractor may be required by the
Building Official to show positive evidence as to the employee status of workers on the
job. Such evidence shall be in the form of payroll and time records, canceled checks, or
other such documents.
D.
The contractor may also be required to show the agreement or contract
pertaining to the work being questioned as evidence that said contractor is, in fact, the
actual contractor for such work. Failure or refusal by the contractor to make available
such employee or contractual records within 24 hours from demand therefore shall be
grounds for immediate revocation of any permit for the work in question.
156.08
PERMIT FEES.
1. Permit Fees:
A.
A fee for each mechanical permit shall be paid to the building official in the
amount set in the Schedule of Fees adopted by the city council. No mechanical permits
shall be issued to any person who has fees outstanding as required by this code or any
other laws or ordinances of the City.
B.
If a permit is issued for a specific amount of work and, upon inspection, it is
determined that more work was performed than was authorized by the permit, the
permittee shall amend the permit or obtain another permit to include all additional
work and shall pay a new base fee and any unit fees as described in paragraph A
above.
2.
Additional permit fees are as follows:
A.
Double Fee. Except in emergency situations, as determined by the Building
Official, where work for which a mechanical permit is required by this code is started
or proceeded with by any person prior to obtaining a required permit, the fees
specified as set forth in the amount set in the Schedule of Fees as adopted by the City
Council shall be doubled. The payment of such double fee shall not relieve any person
from fully complying with the requirements of this code in the execution of the work
or from any other penalties prescribed herein. No additional permits of any type shall
be issued to any person who owes the City the double fee described in this subsection.
However, no double fee shall be imposed upon any person who starts without a permit
if:
1.
The work is started on a Saturday, Sunday, or holiday, or during any other day
when the Building Department is not normally open for business; and
2.
The person secures the proper permit on the next Building Department
working day.
3.
No Plan review is required prior to issuance of the permit.
B.
Refunds. If, within 30 days of the date of issuance, the holder of a mechanical
permit decides not to commence the work described in said permit, said person may,
upon application to the Building Official, be refunded that portion of the permit fee
which is in excess of the permit refund fee set in the schedule of fees adopted by City
Council.
C.
Fees for Permit Renewals as stated in Section 156.09 shall be based on the
amount of remaining work to be completed. If the plans are changed enough to warrant a
review then the permit fee shall be ½ the cost of the original fee plus any fees as set forth
in subsection E of this code section.
* Or the hourly cost to the jurisdiction, whichever is greater. This cost shall include
supervision, overhead, hourly wages, and fringe benefits of the employees involved.
D.
Re-inspections. A re-inspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or
when corrections called for are not made. This section is not to be interpreted as
requiring re-inspection fees the first time a job is rejected for failure to comply with the
requirements of this code, but as controlling the practice of calling for inspections before
the job is ready for such inspection or re-inspection. Re-inspection fees may be assessed
when the inspection record card is not posted or otherwise available on the work site, the
approved plans are not readily available to the inspector, for failure to provide access on
the date for which inspection is requested, or for deviating from plans requiring the
approval of the building official. To obtain a re-inspection, the applicant shall file an
application therefore in writing on a form furnished for that purpose and pay the reinspection fee in accordance with the schedule of fees as adopted by City Council. In
instances where re-inspection fees have been assessed, no additional inspection of the
work will be performed until the required fees have been paid.
E.
Other Inspections and Fees: See the schedule of fees as adopted by City Council
by resolution.
Persons performing work for the Federal Government, the State, the county or city may
obtain permits for such work without paying the permit fees described herein; provided,
however, that nothing in this section shall be construed to exempt payment of permit fees
by persons performing work under the direction of the City in connection with the
abatement of any public law.
An expired permit may not be reissued without a permit fee except by resolution of the
City Council.
156.09 EXPIRATION. Every permit, issued by the building official under the
provision of the mechanical code shall expire under any one of the following conditions:
1.
Failure to begin work authorized within 180 days after issuance of the permit.
2.
Suspension or abandonment of work for 120 days after commencement of the
work. Time of occurrence of suspension or abandonment of work shall be computed
from the date of the most recent inspection since which no progress has been made.
3.
Failure to complete work on a structure designed for residential uses within
one year after issuance of a permit.
4.
Failure to complete work on a structure designed for commercial or industrial
uses within two years after issuance of a permit. For permits with a building valuation
exceeding $10,000,000.00 work shall be completed within three years after issuance
of a permit.
Any permitee holding an unexpired permit may apply for an extension of the time
within which he or she may commence or continue work. The building official is
authorized to grant, in writing, for periods not more than 180 days each, two
extensions. The extension shall be requested in writing and justifiable cause
demonstrated. Any of the extensions may be further extended by action of the City
Council. In all cases, when a renewal is granted the structure for which the permit is
required shall comply with code requirements in effect at the time the permit is
renewed.
156.10 LICENSING FOR ELECTRICAL, PLUMBING, AND MECHANICAL
CONTRACTORS AND INSTALLERS. The provisions of Ordinance 160 of the
City of Bondurant, Code of Ordinances shall be applicable for any work performed in
regards to electrical, plumbing, and mechanical systems.
156.11 STOP WORK ORDERS. Section 108.5 shall be amended by deleting the
last sentence stated as follows: “Any person who shall continue any work on the
system after having been served with a stop work order, except such work as that
person is directed to perform to remove a violation or unsafe condition, shall be liable
for a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars.”
156.12 PROHIBITED LOCATIONS OF GAS PIPE. Section 404.1 of the
International Fuel Gas Code shall be amended by deleting the last sentence in the
paragraph stating “Piping installed downstream of the point of delivery shall not
extend through any townhouse unit other than the unit served by such piping.”
156.13 BOARD OF APPEALS. General. In order to hear and decide appeals of
orders, decisions or determinations made by the Building Official relative to the
application and interpretation of this code, there shall be and hereby created a Board of
Appeals, consisting of five (5) members. Board members shall be chosen and
appointed based on diversity and building construction knowledge, all of whom shall
be residents of the City of Bondurant, Iowa. One (1) member of said Board of Appeals
at a minimum shall be a private citizen. The Building Official or designated
representative shall be an ex-officio member without a vote and shall act as secretary
of the Board. The appointment of members shall be for three (3) year terms, expiring on
December 31, with not more than two (2) members’ terms expiring any one year.
The Building Board of Appeals shall be appointed by the Mayor, subject to Council
approval, and shall serve without compensation. The Board shall adopt reasonable rules
and regulations for conducting its investigations and shall render all decisions and
findings in writing to the Building Official with a duplicate copy to the appellant, and
may recommend to the City Council such new legislation as is consistent therewith. The
Board shall meet at will and when there are appeals or business on file for a hearing.
Nominal appeal fee to the Building Board of Appeals shall be paid as set forth in Section
156.08 PERMIT FEES. The appeal shall be valid for one (1) year from the date of the
Board approval to the commencement of work and to the completion of work undertaken
pursuant to the approval.
(Ordinance No. 07-201)
CHAPTER 157
PLUMBING CODE
157.01
157.02
157.03
157.04
157.05
157.06
157.07
157.08
157.09
157.10
Adoption of International Code
Deletions
Amendments and Additions
Electrical
Department of Plumbing Inspections
Alternate Materials, Methods and Equipment
Permit Issuance
Permit Fees
Expiration
Licensing for Electrical, Plumbing, and
Mechanical Contractors and Installers
157.11 Stop Work Orders
157.12 Board of Appeals
157.13
157.14
157.15
157.16
157.17
157.18
157.19
157.20
157.21
157.22
157.23
157.24
157.25
Depth of Water Service
Floor Drains
Water Heater Floor Drains
Minimum Water Service Size
Building Sewer
Drainage Backwater Valve
Vents Not Required
Excavation Permits
Sewer Service Lines Maintenance
Radon Removal
Sub-surface Drainage
Secondary Storm Sewer
Grease Interceptors
157.01 ADOPTION OF INTERNATIONAL CODE. This chapter shall consist of
the “International Plumbing Code, 2006 Edition,” as published by the International
Code Council which volume is incorporated herein by this reference as fully as though
set forth herein in its entirety excepting only such portions as are herein stated to be
deleted therefrom; and such additional provisions as are hereafter set forth. This
chapter and all provisions incorporated herein by reference or otherwise, shall be
known as the “Plumbing Code,” may be cited as such, and will be referred to herein
as such and as “this code”.
157.02 DELETIONS. The following are hereby deleted from the International
Plumbing Code and are of no force or effect herein:
1.
2.
3.
4.
Section 106.5.3 & 106.5.4
Section 106.6
Section 108.4
Section 109
157.03 AMENDMENTS AND ADDITIONS. The remaining sections in this
chapter are and represent amendments and additions to the requirements contained in
the International Plumbing Code and where they conflict with those of the
International Plumbing Code, the requirements of this chapter shall prevail.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Section 157.05 - Section 103.1 (Department of Plumbing Inspection)
Section 157.06 – Section 105.2 (Alternative materials, methods and
Equipment)
Section 157.07 – Section 106.5 (Permit Issuance)
Section 157.11 – Section 108.5 (Stop Work Orders)
Section 157.13 – Section 305.6 (Water service Depth)
Section 157.14 – Section 412.3 (Floor Drains)
Section 157.15 – Section 504.6 (Water heater floor drain)
Section 157.16 – Section 603.1 (Minimum water service pipe)
Section 157.17 – Section 710.1 (Building Sewer)
Section 157.18 – Section 715.1 (Backwater Valves)
Section 157.19 – Section 910.1 (Vents Not Required)
157.04 ELECTRICAL. Any reference in the International Plumbing Code to the “ICC
Electrical Code” shall be replaced with “the National Electrical Code as adopted per
Chapter 158 of the City of Bondurant Code of Ordinances “.
157.05 DEPARTMENT OF PLUMBING INSPECTION. Section 103.1 shall be
amended by deleting the first paragraph and replacing with the following: “There is
hereby established in the City the Department of Plumbing Inspections, which shall be
under the direction and supervision of the Building Official. The Building Official shall
be responsible to the City Administrator for the enforcement of the Building Codes, and
such other ordinances as shall assign the Building Official that function, and shall
perform such other duties as may be required by the City Administrator or by any
classification plan adopted by the City. Additional responsibilities of the Building
Official shall be assigned as required per Chapter 156 of the City of Bondurant, Code of
Ordinances.”
157.06 ALTERNATE MATERIALS, METHODS AND EQUIPMENT. Section
105.2 shall be amended by adding a Footnote at the end of the section to state the
following: “NOTE: The Uniform Plumbing Code, 2000 Edition, Chapters 2 through 14,
excluding table 4-1, as published by the International Association of Plumbing and
Mechanical Officials, and as adopted by the Iowa Department of Public Health, IAC
135, is hereby approved as an alternate equivalent method for complete plumbing
systems.
157.07 PERMIT ISSUANCE. Section 106.5 shall be added to the end of the section to
state as follows:
A.
Permits are not transferable. Plumbing work performed under the provisions of
this chapter must be done by the contractor securing such permit, or said contractor’s
firm or corporation.
B.
A contractor licensed under the provisions of this code shall secure permits only
for himself or herself, or for a single firm or corporation. When a contractor has secured
such a permit, only the employees of such contractor shall perform the work for which
the permit was obtained.
C.
For purposes of this section, an “employee” shall be one employed by the
contractor, firm or corporation for a wage or salary. A contractor may be required by the
Building Official to show positive evidence as to the employee status of workers on the
job. Such evidence shall be in the form of payroll and time records, canceled checks,
or other such documents.
D.
The contractor may also be required to show the agreement or contract
pertaining to the work being questioned as evidence that said contractor is, in fact, the
actual contractor for such work. Failure or refusal by the contractor to make available
such employee or contractual records within 24 hours from demand therefore shall be
grounds for immediate revocation of any permit for the work in question.
157.08
PERMIT FEES.
1. Permit Fees:
A.
A fee for each plumbing permit shall be paid to the building official in the
amount set in the Schedule of Fees adopted by the City Council. No plumbing permits
shall be issued to any person who has fees outstanding as required by this code or any
other laws or ordinances of the City.
B.
If a permit is issued for a specific amount of work and, upon inspection, it is
determined that more work was performed than was authorized by the permit, the
permittee shall amend the permit or obtain another permit to include all additional
work and shall pay a new base fee and any unit fees as described in paragraph A
above.
2.
Additional permit fees are as follows:
A.
Double Fee. Except in emergency situations, as determined by the Building
Official, where work for which a plumbing permit is required by this code is started or
proceeded with by any person prior to obtaining a required permit, the fees specified
as set forth in the amount set in the Schedule of Fees as adopted by the City Council
shall be doubled. The payment of such double fee shall not relieve any person from
fully complying with the requirements of this code in the execution of the work or
from any other penalties prescribed herein. No additional permits of any type shall be
issued to any person who owes the City the double fee described in this subsection.
However, no double fee shall be imposed upon any person who starts without a permit
if:
1.
The work is started on a Saturday, Sunday, or holiday, or during any other day
when the Building Department is not normally open for business; and
2.
The person secures the proper permit on the next Building Department working
day.
3.
No Plan Review is required prior to issuance of the permit.
B. Refunds. If, within 30 days of the date of issuance, the holder of a plumbing permit
decides not to commence the work described in said permit, said person may, upon
application to the Building Official, be refunded that portion of the permit fee, which is
in excess of the permit refund fee as set forth in the Schedule of Fees as adopted by the
City Council.
C.
Fees for Permit Renewals as stated in Section 157.09 shall be based on the amount
of remaining work to be completed. If the plans are changed enough to warrant a review
then the permit fee shall be ½ the cost of the original fee plus any fees as set forth in
subsection E of this code section.
*
Or the hourly cost to the jurisdiction, whichever is greater. This cost shall
include supervision, overhead, hourly wages, and fringe benefits of the employees
involved.
D.
Re-inspections. A re-inspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or
when corrections called for are not made. This section is not to be interpreted as
requiring re-inspection fees the first time a job is rejected for failure to comply with the
requirements of this code, but as controlling the practice of calling for inspections before
the job is ready for such inspection or re-inspection. Re-inspection fees may be assessed
when the inspection record card is not posted or otherwise available on the work site, the
approved plans are not readily available to the inspector, for failure to provide access on
the date for which inspection is requested, or for deviating from plans requiring the
approval of the building official. To obtain a re-inspection, the applicant shall file an
application therefore in writing on a form furnished for that purpose and pay the reinspection fee in accordance with the schedule of fees as set forth in the Schedule of Fees
as adopted by the City Council. In instances where re-inspection fees have been assessed,
no additional inspection of the work will be performed until the required fees have been
paid.
E.
Other Inspections and Fees: See the schedule of fees as adopted by City Council.
Persons performing work for the Federal Government, the State, the county or city may
obtain permits for such work without paying the permit fees described herein; provided,
however, that nothing in this section shall be construed to exempt payment of permit fees
by persons performing work under the direction of the City in connection with the
abatement of any public law.
An expired permit may not be reissued without a permit fee except by resolution of the
City Council.
157.09
EXPIRATION. Every permit, issued by the building official under the
provision of the plumbing code shall expire under any one of the following conditions:
1.
Failure to begin work authorized within 180 days after issuance of the permit.
2.
Suspension or abandonment of work for 120 days after commencement of the
work. Time of occurrence of suspension or abandonment of work shall be computed
from the date of the most recent inspection since which no progress has been made.
3.
Failure to complete work on a structure designed for residential uses within one
year after issuance of a permit.
4.
Failure to complete work on a structure designed for commercial or industrial
uses within two years after issuance of a permit. For permits with a building valuation
exceeding $10,000,000.00 work shall be completed within three years after issuance
of a permit.
Any permitee holding an unexpired permit may apply for an extension of the time
within which he or she may commence or continue work. The building official is
authorized to grant, in writing, for periods not more than 180 days each, two
extensions. The extension shall be requested in writing and justifiable cause
demonstrated. Any of the extensions may be further extended by action of the City
Council. In all cases, when a renewal is granted the structure for which the permit is
required shall comply with code requirements in effect at the time the permit is
renewed.
157.10 LICENSING FOR ELECTRICAL, PLUMBING, AND MECHANICAL
CONTRACTORS AND INSTALLERS. The provisions of Ordinance Chapter 160
of the City of Bondurant, Code of Ordinances shall be applicable for any work
performed in regards to electrical, plumbing, and mechanical systems.
157.11 STOP WORK ORDERS. Section 108.5 shall be amended by deleting the
last sentence stated as follows: “Any person who shall continue any work on the
system after having been served with a stop work order, except such work as that
person is directed to perform to remove a violation or unsafe condition, shall be liable
for a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars.”
157.12 BOARD OF APPEALS. General. In order to hear and decide appeals of
orders, decisions or determinations made by the Building Official relative to the
application and interpretation of this code, there shall be and hereby created a Board of
Appeals, consisting of five (5) members. Board members shall be chosen and
appointed based on diversity and building construction knowledge, all of whom shall
be residents of the City of Bondurant, Iowa. One (1) member of said Board of Appeals
at a minimum shall be a private citizen. The Building Official or designated
representative shall be an ex-officio member without a vote and shall act as secretary
of the Board. The appointment of members shall be for three (3) year terms, expiring
on December 31, with not more than two (2) members’ terms expiring any one year.
The Building Board of Appeals shall be appointed by the Mayor, subject to Council
approval, and shall serve without compensation. The Board shall adopt reasonable
rules and regulations for conducting its investigations and shall render all decisions and
findings in writing to the Building Official with a duplicate copy to the appellant, and
may recommend to the City Council such new legislation as is consistent
therewith. The Board shall meet at will and when there are appeals or business on file for
a hearing.
Nominal appeal fee to the Building Board of Appeals shall be paid as set forth in Section
157.08 PERMIT FEES. The appeal shall be valid for one (1) year from the date of the
Board approval to the commencement of work and to the completion of work undertaken
pursuant to the approval.
157.13 DEPTH OF WATER SERVICE. Section 305.6 shall be amended by deleting
“Water service pipe shall be installed not less than 12 inches deep and not less than 6
inches below the frost line” and replacing with “Water service piping shall, whenever
feasible, be no less than five feet below the surface of the ground”.
157.14 FLOOR DRAINS. Section 412.3 shall be amended by adding the following
section “Unless otherwise approved by the inspector, at least one floor drain shall be
provided in each room where an automatic water heater is, or will be installed, and in
each mechanical room. When installed in a basement floor, such floor drain shall be at
least three inches in diameter”.
157.15 WATER HEATER FLOOR DRAIN. Section 504.6 shall be amended by
adding the following item number “14. Every water heater shall be located in close
proximity to a floor drain meeting the provisions of Ordinance section 157.14”.
157.16 MINIMUM WATER SERVICE SIZE. Section 603.1 shall be amended by
deleting “ minimum size of water service pipe shall be 3/4 inch” and replacing with
“minimum size of water service pipe shall be 1 inch for mains over 6 inches in diameter
and ¾ inch minimum size of water service pipe for mains 6 inches or less in diameter.”
157.17 BUILDING SEWER. Section 710.1 shall be amended by adding the following
sentence at the end of the section “The minimum diameter for a building sewer shall be
four (4) inches.”
157.18 DRAINAGE BACKWATER VALVE. Section 715.1 shall be amended by
adding the following sentences at the end of the paragraph “The requirement for the
installation of a backwater valve shall apply only when it is determined necessary by the
Building Official based on local conditions. When a valve is required by the Building
Official, it shall be a manually operated gate valve or full way ball valve. An automatic
backwater valve may also be installed, but is not required.
157.19 VENTS NOT REQUIRED. Subsection 910.1 shall be amended by adding
the following sections at the end of the paragraph. “No vents will be required on a
downspout or rail leader trap, a backwater valve, a subsoil catch basin trap, a three
inch
basement floor drain, or a water closet provided its drain branches into the house
drain on the sewer side at a distance of five feet or more from the base of the stack and
the branch line to such a floor drain or water closet is not more than 15 feet in
length. In
single and two- family dwellings no vent will be required on a two inch basement P
trap, provided the drain branches into a properly vented house drain or branch, three
inches or larger, on the sewer side a distance of five feet or more from the base of the
stack and the branch to such P trap is not more than eight feet in length”.
157.20 EXCAVATION PERMITS. Excavation permits issued by the Department
of Building to open streets, parking or other public property for the purpose of
installation or repair shall be issued only after plumbing permits for the work have
been obtained in accordance with this code. Each excavation permit shall contain the
plumbing permit number.
157.21 SEWER SERVICE LINES MAINTENANCE. All costs and expenses
incident to the installation, connection and maintenance of the building sewer shall be
borne by the property 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 the building sewer.
157.22 RADON REMOVAL. All new below-grade construction may be provided
with a means for radon removal. Any system used for the removal of the radon gas
shall be in accordance with accepted industry standards. At a minimum, an airtight lid
should be provided on the sump basket. The sump basket is tied to the footing tiles.
The material used for fill beneath the below-grade level floor shall be pea gravel or
larger in order to accommodate air and gas flow for removal.
157.23 SUB-SURFACE DRAINAGE. The provisions of Section 157.24 of this
chapter, which relate to subsurface drainage, shall apply to all subsurface drainage
from buildings whether new or existing. In the event such drainage would discharge to
a point upon or so adjacent to a public sidewalk or street as to permit the water so
discharged to drain upon a public sidewalk or street during periods of community
emergency generated by extra ordinarily high levels of precipitation is permissible
upon approval.
157.24 SECONDARY STORM SEWER. No building permits shall be issued for
any structure in the City until provisions have been made to provide for secondary
storm sewers to drain all subsurface and foundation drains in compliance with the
following:
1.
Sanitary Sewers- Prohibited Discharge. No person shall discharge or cause to be
discharged any storm water runoff, surface or ground water, roof runoff, or subsurface
drainage by a direct or indirect connection into the sanitary sewer system for any new
construction within the area served by the City. Prohibited subsurface
drainage shall include both interior and exterior foundation drains into the sanitary sewer
system.
2.
Foundation Drain Discharge- Alternative Methods. All foundation drains shall be
disposed of in one of the two following alternative methods:
A.
Sump Pump. A sump pump shall meet the provisions of the International
Residential Code, when applicable, or the International Plumbing Code. Notwithstanding
the provisions of Section 901.2.1 of the International Plumbing Code, in single-family
dwellings, sumps of approved construction to which no fixtures except one floor drain
are connected, and which receive only laundry wastes or basement drainage, need not be
vented.
B.
Alternative Method. Upon submission of plans and specifications to the City
Engineer and / or Building Official by any developer for an alternate method of disposing
of said waters which can be shown to be as effective as the above, then said proposed
method shall be allowed by the City Engineer and/or Building Official.
3.
Secondary Storm Sewer Details. Secondary storm sewers shall be constructed in
accordance with the following:
A.
Design and Materials. Discharge from footing drains and sump pumps must be
discharged into a secondary storm sewer system or alternative drainage way as approved
by the City Engineer and/or the Building Official. Piping for secondary storm sewer
system shall be PVC pipe with thickness of SDR Series 35, or thicker, with joints capable
of pressure loadings for periods when all sump pumps may be operating simultaneously.
The secondary storm sewer system shall be located in the same manner as the normal
storm sewer location unless it can otherwise be shown that a different location is
advantageous and acceptable. It shall be equipped with an approved flap valve at the
discharge end and shall have a sealed lid manhole at the upper terminus.
B.
Capacity. The line shall be so designed as to accommodate the required flows
based upon the assumption that:
1.
With one-half of the sump pumps pumping at 20 gpm (average 10 gpm per
residence) the secondary storm sewer will handle all flows by gravity with pipe flowing
full with velocity of minimum 2 fps;
2.
With all sump pumps pumping (each at 20 gpm) the velocity in the secondary
storm sewer system shall not exceed 10 feet per second and the friction loss shall not
exceed 5 feet per 100 feet of pipe;
3.
That the minimum size shall not be less than 4”;
4.
House connections shall be a minimum 1 ½” Schedule 40 PVC water pipe.
C.
Flow Design Standards. The conditions of flow design for both gravity flow and
pressurized flow shall be as per the following chart entitled “Friction Loss
Characteristics of Water Flow Through Rigid Plastic Pipe”. Typical results are as
follows:
FRICTION LOSS CHARACTERISTICS OF WATER FLOW THROUGH RIGID PLASTIC PIPE
Min.
Velocity
Q at H1
V
Flowing
Min.
Q at
H1
Controlling Controls
Q at V
Pipe
Full-ups
Slope
Controls
gpm
at 10 fps
Controlling
Min.
at/100
Slope
at 5’ per
gpm
gpm
100p
1
½”
2
1.2
12
Yes
28
No
---Sch. 40
2” Sch.
2
0.85
19
Yes
53
No
---40
4” DR
2
0.37
82
Yes
350
No
---25
6” DR
2
0.23
178
No
---Yes
910
25
8” DR
2
0.18
295
No
---Yes
1490
25
10” DR
2
0.14
470
No
---Yes
2400
25
Sump pump should deliver 20 gpm against operating head of 35 feet (or 15 psi) based upon a 50foot long discharge line and 450 feet of secondary sanitary sewer, figuring 25 feet of line loss, 5 feet
of lift, and 5 feet of loss through valves and fittings.
4.
Elevation and Material to be Used for Footing Drains. Drain materials and
elevation of piping shall meet the provisions of the International Residential Code,
when applicable, or the International Plumbing Code. Such piping shall be placed with
two (2) inches of bedding underneath and six (6) inches of acceptable material over,
and shall be acceptable to the Building Official and subject to review by the Building
Official.
5. Method of Installing Secondary Storm Sewers and Service Lines. With respect to
installation of PVC SDR 35, or thicker, secondary storm sewer systems, all
regulations that apply to the laying of PVC water main and service lines shall also
apply to the laying of PVC secondary storm sewer and service lines, including depth
and cover.
6.
Installation of Footing Drain Service Lines Into Standard Storm Sewer. In
instances where standard storm sewer is available for the connection of 1 ½” PVC
Schedule 40 service lines, the Schedule 40 service lines shall be connected to the
storm sewer by drilling a hole in the concrete storm sewer pipe of a diameter only
slightly larger than the outside diameter of the service pipe, then place the service pipe
through the storm sewer extending the end of the service pipe to, but not past, the interior
wall of the storm sewer. The storm sewer shall be entered in its mid point or above with
these footing drain service lines. The ditch shall be filled under, around
and over the PVC storm service pipe with stone or gravel to form a firm base under the
PVC in the open ditch between where the PVC pipe comes out of unexcavated natural
ground and the wall of the storm sewer pipe; all in a manner acceptable to the engineer.
7. Occupancy Permit. No occupancy permit shall be issued for any building or structure
within the City that is not in compliance with this section.
8. Site Plan Detail. All site plans must provide details showing compliance with this
section for the proposed system of Secondary Storm Sewer.
9. Illegal Acts. It shall be unlawful for any person to cause a violation of this section. A
person who is the owner of any building or structure shall be responsible to cause that
building or structure to be in compliance with this section. Any inhabitant or occupant of
any building or structure shall be responsible to cause that building or structure to be in
compliance with this section.
10. Continuing Violation. Each day that a violation of this section occurs shall be
deemed to be a separate violation.
11. Mandatory Connection. At such time as the Public Works Director decides there is
adequate storm sewer or secondary storm sewer capacity available for the property owner
to connect to, the Public Works Director shall inform the property owner in writing and
allow said property owner ninety (90) days to install and connect a sump pump to the
lines. If the property owner fails to comply, the Public Works Director shall hire a
qualified plumber to complete the job and the costs shall be assessed to the property.
Secondary storm service lines shall be installed in compliance with Section 157.21 of this
code.
157.25
GREASE INTERCEPTORS. Notwithstanding the provisions of section
1003.3 of the International Plumbing Code, all Food Service Establishments as defined
per Chapter 100 of the City of Bondurant, Code of Ordinances, 2002, shall meet the
requirements of such ordinance in regards to grease interceptors.
(Ordinance No. 07-202)
CHAPTER 158
ELECTRICAL CODE
158.01
158.02
158.03
158.04
158.05
158.06
158.07
158.08
158.09
158.10
158.11
Adoption of National Code
Deletions
Amendments and Additions
Moved Buildings, Changes of Use / Occupancy, and
Alterations / Repairs
Department of Electrical Inspection
Powers and Duties of Electrical Inspectors
Liability for Damages
Permits Not Required
Permit Issuance
Permit Fees
Expiration
158.12 Licensing for Electrical, Plumbing & Mechanical
Contractors and Installers
158.13 Board of Appeals
158.14 Construction Documents
158.15 Maintenance Electrician’s Certificate
158.16 Type “M” Permits
158.17 Inspections
158.18 Covering or Concealing Work
158.19 Removal of Covering
158.20 Correcting Defective Work
158.21 Conformity with Standards
158.22 Temporary Electrical Work
158.23 Furnishing Current Prior to Approval of Wiring
158.01 ADOPTION OF NATIONAL CODE. This chapter shall consist of the "National
Electrical Code, 2005 Edition," as published by the National Fire Protection Association, which
volume is incorporated herein by reference as fully as though set forth herein in its entirety
excepting only such portions as are herein stated to be deleted therefrom; and such additional
provisions as are hereafter set forth. This chapter and all provisions incorporated herein by
reference or otherwise, shall be known as the “Electrical code” may be cited as such, and will
be referred to herein as such and as “this code”.
158.02 DELETIONS.
158.03 AMENDMENTS AND ADDITIONS. The remaining sections in this
chapter are and represent amendments and additions to the requirements contained in
the National Electrical Code and where they conflict with those of the National
Electrical Code, the requirements of this chapter shall prevail.
158.04 MOVED BUILDINGS, CHANGES OF USE / OCCUPANCY, AND
ALTERATIONS / REPAIRS.
1.
Buildings or structures moved into or within the City shall comply with the
provisions of this code for new buildings or structures.
2. If the classification of a building has been changed due to a change in occupancy,
the wiring in the entire building shall comply with all the electrical standards
applicable to the new classification. If the occupancy of a building has been changed
to a mixed occupancy, with the required fire separation between the mixed occupancy,
each occupancy shall comply with its own particular classification and shall be wired
in compliance with the electrical standards of its particular classification.
3. Additions to, alterations of, and repairs to existing electrical equipment shall comply
with the electrical code. Furthermore, existing electrical equipment that is temporarily
exposed or made accessible because of any remodeling or repair of an existing structure,
shall be made to comply with the electrical code. In any event, the building official may,
when any additions, alterations, or repairs are made, order other reasonable additions or
alterations in the electrical equipment of a structure or on any premises when a danger to
life or property may result if such other additions or alterations were not made.
158.05 DEPARTMENT OF ELECTRICAL INSPECTION. There is hereby
established in the City the Department of Electrical Inspections, which shall be under the
direction and supervision of the Building Official. The Building Official shall be
responsible to the City Administrator for the enforcement of the Building Codes, and
such other ordinances as shall assign the Building Official that function, and shall
perform such other duties as may be required by the City Administrator or by any
classification plan adopted by the City. Additional responsibilities of the Building
Official shall be assigned as required per Chapter 155 of the City of Bondurant, Code of
Ordinances.
158.06
POWERS AND DUTIES OF ELECTRICAL INSPECTORS.
1. The Building Official shall have the authority to cause the disconnection of any
wiring or equipment if it is dangerous to life or property or may interfere with the work
of the Fire Department. He or she shall perform other duties as may be required by the
City Administrator or by any classification plan adopted by the City.
2. The Building Official or designated appointee has reasonable cause to believe that
there exists in a structure or upon a premises a condition which is contrary to or in
violation of this code which makes the structure or premises unsafe, dangerous or
hazardous, the Building Official or designee is authorized to enter the structure or
premises at reasonable times to inspect or to perform the duties imposed by this code,
provided that if such structure or premises be occupied that credentials be presented to
the occupant and entry requested. If such structure or premises be unoccupied, the
Building Official shall make reasonable effort to locate the owner or other person having
charge or control of the structure or premises and request entry. If entry is refused, the
Building Official shall have recourse to the remedies provided by law to secure entry.
3. The Building Official or designated appointee is hereby authorized, directed, and
empowered to inspect all electrical installations within the City, to condemn and order
removed or remodeled and put in proper and safe condition for the prevention of fire and
the safety of life, all electrical heating and lighting apparatus, power generators, motors,
machinery, fixtures and connections, electrical equipment used in the supply,
distribution, or utilization of electrical current for light heat, or power purposed and to
control the disposition and arrangements of the same so that persons and property shall
not be in danger therefrom.
4. The Building Official shall administer and enforce the provisions of this chapter.
he or she shall keep records of each ruling or determination made under its provisions,
and notify in writing all persons involved. He or she shall keep complete records of
all permits issued, inspections made, and other official work performed in accordance
with the provisions of this chapter.
5. The Building Official and his or her assistants shall not engage in the business of
the sale, installation, or maintenance of electrical equipment either directly or
indirectly, and they shall have no financial interest in any firm engaged in such
business in the City at any time while holding office.
158.07 LIABILITY FOR DAMAGES.
1. The City or any employee of the City is not liable for damages to a person or
property as a result of any act or failure to act in the enforcement of this code, unless
the act of enforcement constitutes false arrest.
2. This code shall not be construed to relieve from or lessen the responsibility of any
person owning, operating or controlling any equipment or structure regulated herein
for damages to a person or property caused by its defects nor shall the City or any City
employee be held as assuming any such liability by reason of the inspections
authorized by this code or any approvals issued under this code.
158.08 PERMITS NOT REQUIRED. The following items do not require a permit:
1. Replacement of lighting fixtures, receptacles, switches, over-current protection
devices of the same volt and amperage.
2.
The repair or replacement of flexible cords of same volt and amperage.
3. The process of manufacturing, testing, servicing, or repairing of electrical
equipment or apparatus.
4. Minor repair and adjustment where the total cost of the work does not exceed
$100.00.
5.
No permit or inspections are required for electrical wiring of 50 volts or less.
158.09 PERMIT ISSUANCE.
A. Permits are not transferable. Electrical work performed under the provisions of
this chapter must be done by the contractor securing such permit, or said contractor’s
firm or corporation. Any permit required by the provisions of this code may be
revoked by the Building Official upon the violation of any provision of this code.
B. A contractor licensed under the provisions of this code shall secure permits only for
himself or herself, or for a single firm or corporation. When a contractor has secured
such a permit, only the employees of such contractor shall perform the work for which
the permit was obtained.
C.
For purposes of this section, an “employee” shall be one employed by the
contractor, firm or corporation for a wage or salary. A contractor may be required by the
Building Official to show positive evidence as to the employee status of workers on the
job. Such evidence shall be in the form of payroll and time records, canceled checks, or
other such documents.
D. The contractor may also be required to show the agreement or contract pertaining to
the work being questioned as evidence that said contractor is, in fact, the actual
contractor for such work. Failure or refusal by the contractor to make available such
employee or contractual records within 24 hours from demand therefore shall be grounds
for immediate revocation of any permit for the work in question.
158.10 PERMIT FEES.
1.
Permit Fees:
A. A fee for each electrical permit shall be paid to the building official in the amount set
in the Schedule of Fees adopted by the City Council. No electrical permits shall be issued
to any person who has fees outstanding as required by this code or any other laws or
ordinances of the City. Fees for repairs to items listed shall be the same as for new
construction. Any permit required by the provisions of this code may be revoked by the
Building Official upon the violation of any provision of this code.
B. If a permit is issued for a specific amount of work and, upon inspection, it is
determined that more work was performed than was authorized by the permit, the
permittee shall amend the permit or obtain another permit to include all additional work
and shall pay a new base fee and any unit fees as described in paragraph A above.
2.
Additional permit fees are as follows:
A. Double Fee. Except in emergency situations, as determined by the Building Official,
where work for which a electrical permit is required by this code is started or proceeded
with by any person prior to obtaining a required permit, the fees specified as set forth in
the amount set in the Schedule of Fees as adopted by the city council shall be doubled.
The payment of such double fee shall not relieve any person from fully complying with
the requirements of this code in the execution of the work or from any other penalties
prescribed herein. No additional permits of any type shall be issued to any person who
owes the City the double fee described in this subsection. However, no double fee shall
be imposed upon any person who starts without a permit if:
1. The work is started on a Saturday, Sunday, or holiday, or during any other day
when the Building Department is not normally open for business; and
2. The person secures the proper permit on the next Building Department working
day.
3.
No Plan review is required prior to issuance of the permit.
B.
Refunds. If, within 30 days of the date of issuance, the holder of a electrical
permit decides not to commence the work described in said permit, said person may,
upon application to the Building Official, be refunded that portion of the permit fee
which is in excess of the permit refund fee set in the schedule of fees adopted by City
Council.
C.
Fees for Permit Renewals as stated in Section 158.11 shall be based on the
amount of remaining work to be completed. If the plans are changed enough to
warrant a review then the permit fee shall be ½ the cost of the original fee plus any
fees as set forth in subsection E of this code section.
* Or the hourly cost to the jurisdiction, whichever is greater. This cost shall include
supervision, overhead, hourly wages, and fringe benefits of the employees involved.
D. Re-inspections. A re-inspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or
when corrections called for are not made. This section is not to be interpreted as
requiring re-inspection fees the first time a job is rejected for failure to comply with
the requirements of this code, but as controlling the practice of calling for inspections
before the job is ready for such inspection or re-inspection. Re-inspection fees may be
assessed when the inspection record card is not posted or otherwise available on the
work site, the approved plans are not readily available to the inspector, for failure to
provide access on the date for which inspection is requested, or for deviating from
plans requiring the approval of the building official. To obtain a re-inspection, the
applicant shall file an application therefore in writing on a form furnished for that
purpose and pay the re-inspection fee in accordance with the schedule of fees as
adopted by city council. In instances where re-inspection fees have been assessed, no
additional inspection of the work will be performed until the required fees have been
paid.
E. Other Inspections and Fees: See the schedule of fees as adopted by City Council.
Persons performing work for the Federal Government, the State, the county or city
may obtain permits for such work without paying the permit fees described herein;
provided, however, that nothing in this section shall be construed to exempt payment
of permit fees by persons performing work under the direction of the City in
connection with the abatement of any public law.
An expired permit may not be reissued without a permit fee except by resolution of the
City Council.
158.11 EXPIRATION. Every permit, issued by the building official under the
provision of the electrical code shall expire under any one of the following conditions:
1. Failure to begin work authorized within 180 days after issuance of the permit.
2. Suspension or abandonment of work for 120 days after commencement of the work.
Time of occurrence of suspension or abandonment of work shall be computed from the
date of the most recent inspection since which no progress has been made.
3. Failure to complete work on a structure designed for residential uses within one year
after issuance of a permit.
4. Failure to complete work on a structure designed for commercial or industrial uses
within two years after issuance of a permit. For permits with a building valuation
exceeding $10,000,000.00 work shall be completed within three years after issuance of a
permit.
Any permitee holding an unexpired permit may apply for an extension of the time within
which he or she may commence or continue work. The building official is authorized to
grant, in writing, for periods not more than 180 days each, two extensions. The extension
shall be requested in writing and justifiable cause demonstrated. Any of the extensions
may be further extended by action of the City Council. In all cases, when a renewal is
granted the structure for which the permit is required shall comply with code
requirements in effect at the time the permit is renewed.
158.12 LICENSING FOR ELECTRICAL, PLUMBING, AND MECHANICAL
CONTRACTORS AND INSTALLERS. The provisions of Ordinance 160 of the City
of Bondurant, Code of Ordinances shall be applicable for any work performed in regards
to electrical, plumbing, and mechanical systems.
158.13 BOARD OF APPEALS.
General. In order to hear and decide appeals of orders, decisions or determinations made
by the Building Official relative to the application and interpretation of this code, there
shall be and hereby created a Board of Appeals, consisting of five (5) members. Board
members shall be chosen and appointed based on diversity and building construction
knowledge, all of whom shall be residents of the City of Bondurant, Iowa. One (1)
member of said Board of Appeals at a minimum shall be a private citizen. The Building
Official or designated representative shall be an ex-officio member without a vote and
shall act as secretary of the Board. The appointment of members shall be for three (3)
year terms, expiring on December 31, with not more than two (2) members’ terms
expiring any one year.
The Building Board of Appeals shall be appointed by the Mayor, subject to Council
approval, and shall serve without compensation. The Board shall adopt reasonable
rules and regulations for conducting its investigations and shall render all decisions
and findings in writing to the Building Official with a duplicate copy to the appellant,
and may recommend to the City Council such new legislation as is consistent
therewith. The Board shall meet at will and when there are appeals or business on file
for a hearing.
Nominal appeal fee to the Building Board of Appeals shall be paid as set forth in
Section 158.10 PERMIT FEES. The appeal shall be valid for one (1) year from the
date of the Board approval to the commencement of work and to the completion of
work undertaken pursuant to the approval.
158.14 CONSTRUCTION DOCUMENTS. The Building Official shall require
construction documents, computations and specifications to be prepared by a
registered design professional licensed by the State to practice such.
1.
Construction documents, engineering calculations, diagrams and other data
shall be submitted in two or more sets with each application for a permit.
2.
Construction documents shall be drawn to scale and shall be of sufficient
clarity to indicate the location, nature and extent of the work proposed and show in
detail that the work conforms to the provisions of this code.
3.
Construction documents shall indicate location and clear space of electrical
equipment, and the material and methods for maintaining required structural safety,
fire-resistance rating and fire-blocking.
Exceptions.
1.
The Building Official shall have the authority to waive the submission of
construction documents, calculations or other data if the nature of the work applied for
is such that reviewing of construction documents is not necessary to determine
compliance with this code.
2.
In the case of one and two family dwellings.
3.
In the case of minor construction and repair.
4.
In the case of accessory buildings when related to one and two family
dwellings.
158.15
MAINTENANCE ELECTRICIAN’S CERTIFICATE.
1. A maintenance electrician’s certificate shall be required of any regular employee of
a manufacturing or industrial establishment, who does electrical work for that
establishment only, and who maintains and keeps in a state of repair the existing
electrical equipment within a building or group of buildings. A maintenance electrician’s
certificate shall be issued to any person who shall satisfactorily pass the examination
given by the Building Official. Any person holding a maintenance electrician’s certificate
issued by the City prior to passage of this code shall be reissued renewals of his or her
certificate without taking the examination hereinafter provided.
2. The installation of any new or additional electrical equipment of any kind by the
holder of a maintenance electrician’s certificate is hereby prohibited.
158.16 TYPE “M” PERMITS.
1. Before any maintenance electrical work is performed by a maintenance electrician
under the provisions of Section 158.15 of this chapter, an electrical permit, unless
specifically exempted by Section 158.08, shall be obtained from the electrical inspection
division by the person or persons owning or controlling the buildings or group of
buildings in which the maintenance electrical work is to be performed. This shall be
known as type “M” permit and shall be valid for one year from the date of issuance.
2. The name of the person or persons holding a maintenance electrician’s certificate
and performing work as provided in this section, shall be filed with the electrical
inspection division of the Department of Building and in the event a change is made, the
new name shall be filed. Each maintenance electrician performing work under the permit
required by this section shall keep an accurate record for the electrical inspector of all
work performed in each building and shall, in the first days of January, April, July and
October each year, file a statement of the work performed during the preceding three
months in such building, which statement shall be made under oath.
158.17 INSPECTIONS.
1. The person doing electrical work, for which a permit is required, shall notify the
Building Official that the work is ready for inspection. The Building Official shall,
without undue delay, perform the required inspection and, if the work complies with the
provision of this code the Building Official shall issue a notice of approval. If the work
does not comply with the provisions of this code, the Building Official shall post a notice
in a conspicuous place on or near the work. The notice shall contain the date and results
of the inspection, and when requested, note specific violations. Work that has no notice
attached shall be considered unapproved. No notice(s) shall be removed by any person
other than the Building Official.
2. When the electrical work is completed, the person doing it shall notify the Building
Official that the work is ready for final inspection.
3. Whenever it shall be ascertained by inspection that any electrical installation or
part thereof in any building is so defective as to render the same dangerous to person
or property, the Building Official shall at once cause notice to be served upon the
owner or person in charge, or the occupant of the same, to remedy the defects within a
reasonable time, to be stated in the notice. If defects are not remedied within the time
fixed by the notice, the Building Official may cause the electric current to be
disconnected from the building. The electric current shall not again be turned on until
all defects or improper conditions have been removed, or repaired in conformance
with the provisions of this code.
158.18 COVERING OR CONCEALING WORK. No electrical work for which a
permit is required shall be concealed in any manner from access or sight until the work
has been inspected and approved by the Building Official.
158.19 REMOVAL OF COVERING. The Building Official shall have the
authority to remove or cause the removal of lath, plaster, boarding, or other
obstruction which may prevent the proper inspection of wires or electrical equipment.
158.20 CORRECTING DEFECTIVE WORK. When any person is notified that
defects exist in his or her electrical work, he or she shall make corrections within 30
days after notification. If not so made, such person shall not be issued any other
permits until defects are corrected, and approval given by the Building Official.
158.21 CONFORMITY WITH STANDARDS. Conformity with the standards of
the Underwriter's Laboratories Incorporated as approved by the United States of
American Standards Institute shall be evidence of conformity with approved standards
for electrical equipment.
158.22 TEMPORARY ELECTRICAL WORK. "Temporary electrical work"
means that work which is obviously installed for the convenience of a person during
construction. This work shall be the complete responsibility of the person who installs
it and shall not require the inspector’s approval prior to being used, provided that the
inspector may require corrections in the wiring to eliminate any hazardous or unsafe
conditions. All such work shall be removed before final approval of permanent
electrical work. Temporary electrical work shall not be permitted to remain in use in
excess of six months except by written permission of the electrical inspector.
158.23 FURNISHING CURRENT PRIOR TO APPROVAL OF WIRING. No
person or corporation generating current for electric light, heat or power in the City
shall connect its system or furnish current for electrical purposes to any building or
premises which has not been inspected and approved by the Building Official. Any
person or corporation shall, upon written notice from the Building Official to do so,
immediately disconnect such building or premises from its source of current.
(Ordinance No. 07-203)
CHAPTER 159
CHAPTER RESERVED
(Ordinance No. 07-207)
CHAPTER 160
CONTRACTOR LICENSING
160.01
160.02
160.03
160.04
160.05
160.06
160.07
160.08
160.09
Purpose
Definitions
Licensing Board of Examiners
Insurance Requirements
Licensing Requirements
Administration of Licensing
Examination
Continuing Education Required
License Not Transferable
160.10 Suspension and Revocation of License
160.11 Recognition of Electrical, Plumbing and
Mechanical Licenses
160.12 Implementation
160.13 Electrical Journeyman’s Certificate of Competency
160.14 Apprentice Electricians
160.15 Plumbing Journeyman’s Certificate of Competency
160.16 Apprentice Plumbers
160.17 Mechanical License Classifications
160.18 Contractor License Experience Requirements
160.01 PURPOSE. The provision of this ordinance is to hereby establish rules and
regulations under which the City of Bondurant will license electrical, mechanical, and
plumbing contractors and installers in order to protect the public health, safety and
welfare by providing for the examination, qualification, and licensing of:
1.
Electrical contractors, master electricians, journeyman electricians, residential
electricians and the registration of apprentice electricians and apprentice residential
electricians;
2.
Plumbing contractors, master plumbers, journeyman-level plumbers, and the
registration of apprentice level plumbers; and
3.
Heating and cooling contractors, refrigeration contractors and comprehensive
mechanical contractors.
160.02 DEFINITIONS. Unless otherwise expressly stated or the context clearly
indicates a different intention, the following terms shall, for the purpose of this chapter,
have the following meanings:
1.
“Apprentice Electrician” shall mean a person who performs electrical work while
employed by a licensed electrical contractor, while under the direct supervision and in
the presence of a licensed electrician, and who is properly registered as an apprentice
electrician.
2.
“Apprentice Plumber” shall mean a person who performs plumbing work while
employed by a licensed plumbing contractor, while under the direct supervision and in
the presence of a licensed plumber, and who is properly registered as an apprentice
plumber.
3.
“Construction” is defined as set forth in Chapter 91C, Code of Iowa (2005), as
amended, including but not limited to companies or individuals performing electrical,
plumbing and mechanical work when considered as construction categories.
4.
“Direct Supervision and Responsible Charge” shall mean that a licensee
supervising the work is exercising, directing, and guiding the work; is located in close
proximity and exercises judgment in all matters embodied in the work. Merely
reviewing work installed does not constitute supervision, unless the reviewer actually
exercises periodic onsite supervision, at a minimum once a day with additional
supervision as required based on the complexity of the job.
5.
“Ducted Air Heating and Cooling” shall mean comfort cooling by means of
heated or cooled air distributed through ducts to a room or space.
6.
“Ducted Air Heating/Cooling Contractor” shall mean a person who is licensed
to contract for and to undertake the planning, layout, supervision and performance of
ducted air heating/cooling work, and who is responsible for the employment,
management, supervision and control of installers and apprentice installers doing
ducted air heating/cooling work. A corporation may qualify under this provision if it
employs a licensed contractor who is responsible for supervision and control of
installers and apprentices doing heating/cooling work.
7.
“Ducted Air Heating/Cooling Equipment” shall include warm-air furnaces,
warm-air heaters, combustion product vents, fuel-gas-fired decorative appliances,
ducted air comfort cooling appliances, heating/cooling/ventilating air-distribution
ducts and fans, and all control devices and accessories installed in connection with
environmental heating/cooling system appliances regulated by the municipal code.
8.
“Ducted Air Heating/Cooling Work” shall mean erection, installation,
alteration, repair, relocation, replacement, maintenance or removal of ducted air
heating/cooling equipment or systems.
9.
“Electrician” shall mean a person licensed to do electrical work while
employed by a licensed electrical contractor.
10.
“Electrical Contractor” shall mean a person or firm who employs a licensed
master electrician to contract and to undertake the planning, layout, supervision and/or
performance of electrical work and who is responsible for the employment,
management, supervision and control of electricians, residential electricians,
apprentice electricians and apprentice residential electricians. A licensed contractor
shall be considered qualified and licensed to do electrical work.
11.
“Electrical Contractor, Inactive” shall mean a licensed electrical contractor
who is not actively engaged in the contracting business or who may be working in the
trade as a master or journeyman electrician while employed by an electrical contractor.
12.
“Electrical Equipment” shall mean all electrical materials, controls, wiring,
conductors, fittings, conduits, devices, appliances, fixtures, signs and apparatus or
parts thereof comprising an electrical system operating at greater than 50 volts.
13.
“Electrical Work” shall mean all installations, alterations, repairs, replacements,
connections, disconnections, and maintenance of electrical wiring and equipment
connected to an electrical power source. No person, except apprentices, shall engage in
the work or practice the trade of installing, altering, maintaining or repairing any
electrical equipment with in the scope of the electrical code without first obtaining a
journeyman’s certificate of competency.
14.
“Heating/Cooling” shall mean comfort heating or comfort cooling by means of a
system or appliance using liquid, water, steam or air as the heating, cooling or ventilation
medium.
15.
“Helper” shall mean a person engaged in general manual labor activities who
provides assistance to an apprentice, journeyman or master.
16.
“Hydronic Heating/Cooling” shall mean comfort heating using water or steam as
the heating or cooling medium for the distribution of heated or cooled air.
17.
“Hydronic Heating/Cooling Contractor” shall mean a person who is licensed to
contract for and to undertake the planning, layout, supervision or performance of
hydronic heating/cooling work, and who is responsible for the employment,
management, supervision and control of persons installing equipment or systems relating
to hydronic heating and cooling work.
18.
“Hydronic Heating/Cooling Equipment” shall include water heaters, boilers,
pressure vessels, refrigeration equipment, combustion product vents, steam piping, hot or
cold water piping, together with control devices and accessories, installed in connection
with any comfort heating or comfort cooling system or appliance using liquid, water or
steam as the heating or cooling medium.
19.
“Hydronic Heating/Cooling Work” shall mean erection, installation, alteration,
repair, relocation, replacement, maintenance or removal of hydronic heating/cooling
equipment or systems.
20.
“Journeyman Electrician” shall mean an electrician who has received a
journeyman’s certificate of competency.
21.
“Journeyman Plumber” shall mean a plumber who has received a journeyman’s
certificate of competency.
22.
“Licensed” shall mean a person qualified to perform electrical, plumbing or
mechanical work who has written authorization pursuant to this ordinance to perform
such work within the City of Bondurant.
23.
“Master Electrician” shall mean a person who has successfully passed the
master electrician’s examination approved by the board and has worked as a
journeyman electrician for a period of at least two years.
24.
“Master Plumber” shall mean a person who has successfully passed the master
plumbers examination approved by the board and has worked as a journeyman
plumber for a period of at least two years.
25.
“Mechanical Apprentice” shall mean a person who assists in the installation,
alteration or repair of equipment or system governed by this ordinance while
supervised by a licensed mechanical contractor and who is learning the trade.
26.
“Mechanical Contractor” shall mean a person licensed as a ducted air
heating/cooling contractor, a hydronic heating/cooling contractor or a refrigeration
contractor.
27.
“Mechanical Contractor, Class A” shall mean a person who is qualified and
licensed to contract for an undertake the planning, layout, supervision and
performance of ducted air heating/cooling work, hydronic heating/cooling work and
refrigeration work and who is responsible for the employment, management,
supervision and control of persons installing equipment or systems relating to ducted
air heating/cooling work, hydronic heating/cooling work and refrigeration work.
28.
“Plumber” shall mean a person licensed to do plumbing work while employed
by a licensed plumbing contractor.
29.
“Plumbing Contractor” shall mean a person or firm who employs a licensed
master plumber to contract and to undertake the planning, layout, supervision and/or
performance of plumbing work and who is responsible for the employment,
management, supervision and control of master plumbers, journeyman plumbers and
apprentice plumbers. A licensed contractor shall be considered qualified and licensed
to do plumbing work.
30.
“Plumbing Contractor, Inactive” shall mean a licensed plumbing contractor
who is not actively engaged in the contracting business or who may be working in the
trade as a master or journeyman plumber while employed by a plumbing contractor.
31.
“Plumbing Equipment” shall mean all plumbing materials, piping, fittings,
devices, appliances, fixtures, and apparatus or parts thereof comprising plumbing
systems.
32.
“Plumbing Work” shall mean all installation, alterations, repairs, replacements,
connection, disconnection, and maintenance of plumbing systems and equipment. No
person, except an apprentice, shall engage in the work or practice the trade of installing,
altering, maintaining or repairing any plumbing equipment or system within the scope of
the plumbing code without first obtaining a journeyman’s certificate of competency.
33.
“Refrigeration Contractor” shall mean a person who is licensed to contract for
and undertake the planning, layout, supervision and/or performance of refrigeration work
and who is responsible for the employment, management, supervision and control of
persons installing equipment or systems relating to refrigeration work.
34.
“Refrigeration System” shall mean a combination of parts in which a refrigerant
is circulated for the purpose of extracting heat as defined in the Mechanical Code for
cooling a room or space.
35.
“Refrigeration Work” includes all erection, installation, alteration, repair,
relocation, replacement, maintenance or removal of refrigeration equipment or systems.
36.
“Residential Electrician” shall mean a person licensed to do electrical work
limited to residential wiring restrictions while employed by a licensed electrical
contractor.
37.
“Residential Wiring Restrictions” shall mean wiring limited to one and two
family dwellings, multi-family dwellings that do not exceed three-stories in height above
grade, garages, sheds, and storage buildings accessory to dwellings.
38.
“Supervision and Responsible Charge” shall mean control and oversight by a
licensed contractor, master or journeyman in the trade who is the responsible license
holder for the project or group of projects located in close proximity.
160.03
LICENSING BOARD OF EXAMINERS. There is hereby established a
LICENSING BOARD OF EXAMINERS, hereinafter referred to as the LBE. Beginning
on July 1, 2007 the board shall be composed of five members appointed by the Mayor,
subject to Council approval. The LBE shall have the right to legal representation by the
City of Bondurant.
Board members shall be chosen and appointed based on diversity and building
construction knowledge and who are licensed contractors, all of whom shall be residents
of the City of Bondurant, Iowa. One (1) member of said Board at a minimum shall be a
private citizen. The Building Official or designated representative shall be an ex-officio
member without a vote and shall act as secretary of the Board. The appointment of
members shall be for three (3) year terms, expiring on December 31, with not more than
two (2) members’ terms expiring any one year.
The LBE shall hold a regular meeting once every month, unless there is no business to
conduct, but in any event the LBE shall meet every fourth month. The first meeting of
each calendar year shall be the Annual Meeting. All meetings shall comply with the
open meetings law.
At its annual meeting the LBE shall elect from its members a chairperson and a vicechairperson. Each of these officers shall serve a term of one year. The chairperson
shall preside at all meetings of the LBE. In the absence of the chairperson, the vicechairperson shall preside. At the first meeting the LBE shall adopt by-laws and
meeting schedules. By the second meeting the new licensing criteria shall be in place.
The LBE shall keep minutes of its proceedings, showing the vote of each member
upon every question, or if absent or failing to vote, indicating such fact. The LBE shall
keep records of its examinations and other official actions. A quorum of the Board
shall consist of three members.
160.04 INSURANCE REQUIREMENTS. Electrical, plumbing and mechanical
contractors shall file as part of the application a certificate of insurance covering
commercial auto liability, commercial general liability, and workers compensation
insurance in accordance with Iowa Code Chapter 85, issued by a company authorized
to transact business in the State of Iowa. The certificate is to be written on a standard
form and carry an endorsement naming the City of Bondurant and their employees as
additional insureds as their interests may appear. It shall be a further condition of the
certificate of insurance that the insured will hold the City of Bondurant harmless from
any and all damages sustained by reason of any act or omission on the part of the
insured, his/her agent or employees in the performance of work done under a license
or permit. The certificate of insurance shall be issued by the 31st day of December of
each year, and shall be re-filed on or before that date for each subsequent year and
shall be in continuous full force and effect. The certificate of insurance shall also bind
the individual, company, firm, association or partnership, whether it be a trade name,
corporation, or other business association or arrangement with which the principal is
associated. The insurance company shall notify the City of Bondurant of cancellation
of the policy at least 10 days prior to the effective cancellation date. A license may be
renewed without the filing of an insurance certificate provided than no work is done or
contracted for by the license holder during the terms of the license. Such license shall
be marked “NOT INSURED,” NOT TO BE USED FOR CONTRACTING,” or
“INACTIVE.”
160.05 LICENSING REQUIREMENTS. Application: A person who desires to be
licensed shall file an application with the City of Bondurant. The completed
application shall include the applicant’s name, home address, business address, a brief
resume of the applicants training and experience, the date of application, and the
classification of the license being applied for. The City of Bondurant will issue
licenses to applicants approved by the LBE upon payment of the license fee.
Duration and Renewal: Licenses shall be renewed upon payment of the scheduled fees
from December 1 through December 31. Licenses renewed from January 1 through
January 31, the grace period each year, shall be assessed a late charge equal to twice the
scheduled fee. The licensee shall provide a certificate of successful completion of the
current update course(s) in order for the license to be renewed. Each license shall be in
effect for three years and may be renewed every three years thereafter upon payment of
the license renewal fee.
Lapse and Reinstatement: A license which has not been renewed on or before January 31,
shall lapse as of February 1. The lapsed license shall be reinstated by the LBE at the
written request, provided the applicant seeking reinstatement has satisfied the current
update education requirement, has paid the overdue license fee, and the license has not
lapsed more than one year past the December 31 expiration date. If the licensee has
obtained a license under the grandfather rule, proof of passing examination score for the
license must accompany the reinstatement request.
Retired License: The license of an electrical, plumber or mechanical contractor or
installer who retires shall be stamped “RETIRED”. Such license may be reinstated at any
time upon payment of the current year’s fee and submission of a current code update
education certificate. If the licensee has obtained a license under the grandfather rule,
additional proof of a passing score for the respective license must accompany the
reinstatement request.
Death or Incapacity of Licensed Contractor: In the event of death incapacity of a licensed
contractor, the LBE may issue a temporary contractor’s license to a responsible member
or officer of such firm, corporation or other association until such time as the firm,
corporation or other association acquires a licensed contractor, provided that such
temporary license shall not be issued for a period of more than six months.
Payment: License fees shall be paid to the City of Bondurant, Building and Zoning
Department in the amount set in the Schedule of Fees as adopted by the City Council by
resolution.
Fee Exemption: License fees shall be waived for plumbing, mechanical and electrical
licenses for inspectors employed by the City of Bondurant.
Qualification Acceptance: The LBE shall determine the qualifications of each applicant
upon using supporting documentation and other matters of record. If an applicant is
granted a license and it is thereafter determined that the application or supporting
documentation is untrue or invalid, the license shall be suspended immediately, pursuant
to the summary procedures set forth below.
160.06 ADMINSTRATION OF LICENSING. The Building Official shall administer
the licensing process described and shall retain all fees collected pursuant to this
ordinance. The City of Bondurant shall furnish a list of all active and inactive license
holders and registered apprentice installers by February 1 of each year and shall
update the list as of the first day of each quarter thereafter.
160.07 EXAMINATION. Testing: An applicant must achieve a minimum score of
75% on the licensing examination.
160.08 CONTINUING EDUCATION REQUIRED. Code Education Criteria: A
minimum of eight hours of code update education per each three-year code change
cycle is required for all levels of licensees.
Trade Education Criteria: The LBE shall establish continuing educational criteria with
a minimum of six hours of trade-related education per licensing cycle, which may
include safety and new product seminars. The LBE may accept in-house educational
programs by individual companies or shops.
160.09 LICENSE NOT TRANSFERABLE. A licensee may not transfer a license to
another or allow it to be used, directly or indirectly, by another person. A licensed
contractor shall not obtain permits for more than one contracting firm, corporation or
other association. A violation of this section shall constitute cause for revocation of
the licensee.
160.10 SUPSENSION AND REVOCATION OF LICENSE. Revocation and
Suspension: The LBE shall have authority to revoke or suspend a license where fraud
or misrepresentation was used in obtaining the license, where the licensee attempts to
transfer the license or allows it to be used either directly or indirectly by any other
person, for failure to comply with any of the provisions of this ordinance, for
negligence, for failure to obtain proper permits, for failure to call for inspections, for
incompetence or a history of substandard work, or for misconduct in the performance
of any duties of a contractor or installer.
Notice and Hearing: In all cases involving revocation or suspension of a license, at
least fifteen days notice shall be served by the jurisdiction upon the licensee indicating
the time and place of hearing before the LBE and the general grounds for the proposed
revocation or suspension. The notice shall also advise the licensee of the right to
counsel.
Revocation Period: No person whose licensee has been revoked shall be issued a
license until the expiration of six months after the revocation, and then only upon
successful examination and payment of all fees.
No Refund: Revocation or suspension of a license shall not entitle the holder to a
refund of any fee.
Summary Suspension: If the LBE finds that consideration of public health or safety
requires emergency action and incorporates a finding to the effect in its order,
summary suspension of a license may issue pending the usual suspension or revocation
proceedings described herein. The LBE shall institute revocation or suspension
proceedings immediately upon issuance of an order of summary suspension, except that
the 15-day notice of hearing may be waived upon written request by the licensee.
Enforcement: Suspension or revocation of a license shall be recognized and enforced by
the Building and Zoning Department. A violation of a municipal code which occurs
within the City of Bondurant shall be enforced pursuant to Chapter 4 of the City of
Bondurant, Code of Ordinances, 2002. The method of enforcement set forth herein does
not preclude any other method of enforcement.
Appeal: An applicant, contractor or licensee aggrieved by a final order of the LBE may
seek review pursuant to Iowa Law.
160.11 RECOGNITION OF ELECTRICAL, PLUMBING AND MECHANICAL
LICENSES. Prior License: An individual holding an electrical, plumbing or mechanical
license as of July1, 2007 may continue to hold the license for the remainder of the initial
licensing period. Prior licenses will be recognized and will be renewed according to the
terms of this ordinance. As of July1, 2007 all electrical, plumbing and mechanical
licenses will be issued solely under the terms and conditions of this ordinance.
Reciprocal Recognition of License: An electrical, plumbing or mechanical contractor,
master or journeyman installer who is licensed by another jurisdiction that has similar
licensing standards and who provides proof of current license credentials, a current copy
of a state contractor registration, proper accreditation and years of experience, as well as
proof of a passing score of 75% on a nationally recognized test may be licensed under
this ordinance.
Grandfather Clause: An electrical, plumbing or mechanical contractor, master or
journeyman installer who is currently working as such may be licensed on a one-time
basis under this agreement if the LBE accepts and approves of the applicants credentials.
The time for acceptance will expire at the next licensing cycle.
160.12 IMPLEMENTATION. Until such time as the LBE establishes criteria for
approving license applications the present criteria used by the Building and Zoning
Department shall be applicable. Renewal Sequence: The sequencing for the renewal of
licenses shall be as follows:
Plumbing – December 2007 – January 2008
Electrical – December 2006 – January 2007
Mechanical – December 2008 – January 2009
160.13 ELECTRICAL JOURNEYMAN’S CERTIFICATE OF COMPENTENCY.
A journeyman’s certificate of competency may be obtained by passing a journeyman’s
electrician’s examination and by meeting the following requirements:
1.
Four years of experience working as an apprentice under a master or
journeyman’s supervision; or
2.
Completion of 60 credit hours of post secondary training in the electrical field
from an accredited educational institution or trade school and full-time employment
for a period of two years with an electrical contractor under master or journeyman’s
supervision. The educational training and full time employment may not be
concurrent.
160.14 APPRENTICE ELECTRICIANS. Registration: An electrical apprentice
must be registered to perform electrical work. The apprentice must be employed by an
electrical contractor and must work under the supervision of a licensed electrician. The
supervision ration shall be not more than two apprentices to each licensed electrician.
Training: An apprentice must work for at least four years under the supervision of a
licensed master or journeyman electrician in and approved and LBE sanctioned onthe-job training program or satisfactorily complete an apprenticeship training program
accredited by the Bureau of Apprenticeship and Training, United States Department of
Labor.
Work: No apprentice shall perform electrical work unless the apprentice is working
under the supervision of a licensed electrician. Fourth-year apprentices may work
without direct supervision.
Fee: An apprentice shall register with the LBE and pay a registration fee before
January 1 of each year.
160.15 PLUMBING JOURNEYMAN’S CERTIFICATE OF COMPENTENCY.
A journeyman’s certificate of competency may be obtained by passing a journeyman’s
plumber’s examination and by meeting the following requirements:
1.
Four years of experience working as an apprentice under a master or
journeyman’s supervision; or
2.
Completion of 60 credit hours of post secondary training in the electrical field
from an accredited educational institution or trade school and full-time employment
for a period of two years with an electrical contractor under master or journeyman’s
supervision. The educational training and full time employment may not be
concurrent.
160.16 APPRENTICE PLUMBERS. Registration: A plumbing apprentice must be
registered to perform plumbing work. The apprentice must be employed by a
plumbing contractor and must work under the supervision of a licensed plumber. The
supervision ration shall be not more than two apprentices to each licensed plumber.
Training: An apprentice must work for at least four years under the supervision of a
licensed master or journeyman plumber in and approved and LBE sanctioned on-the-job
training program or satisfactorily complete an apprenticeship-training program accredited
by the Bureau of Apprenticeship and Training, United States Department of Labor.
Work: No apprentice shall perform plumbing work unless the apprentice is working
under the supervision of a licensed plumber. Fourth-year apprentices may work without
direct supervision.
Fee: An apprentice shall register with the LBE and pay a registration fee before January 1
of each year.
160.17 MECHANICAL LICENSE CLASSIFICATIONS. Contractors’ licenses shall
be classified in accordance with the type of equipment to be installed, altered, or repaired
by the licensee. No licensee shall engage in work outside the classification for which he
or she holds a license. Classes of licenses and the corresponding scope of work
authorized thereby shall be as follows:
A.
CLASS A - Mechanical Contractor (unrestricted)
1.
Holders of this license may obtain permits for any work or equipment regulated
by the City of Bondurant, Code of Ordinances, 2002, relating to Mechanical work.
2.
This license shall be available only to the following:
(a)
A person who holds a class B, class C, and class D license; or
(b)
A firm in which licensees wish to combine their respective class B, class C, and
class D licenses for the purpose of obtaining a class A license for such firm or business,
in which case each licensee must maintain the individual license simultaneously with the
firm’s or business’ class A license. The class A license shall be issued in the name of the
firm and in the names of each of the holders of the class B, class C, and class D licenses.
B.
CLASS B - Comfort Heating and Cooling Contractor
1.
Holders of this license may obtain permits for work or equipment regulated under
Chapter 156 pertaining to ventilation systems, exhaust systems, duct systems,
combustion air systems, chimneys and vents, specific appliances, fireplaces, solid fuelburning equipment, hydronic piping, fuel oil and gas special piping and storage and solar
systems.
C. CLASS C - Refrigeration Contractor
1.
Holders of this license may obtain permits for work or equipment regulated under
Chapter 156 pertaining to refrigeration, general mechanical systems, combustion air
systems, fuel gas systems, refrigeration systems, refrigeration cooling equipment,
absorption cooling equipment, evaporative cooling equipment and low temperature
piping.
D.
CLASS D - Boiler Contractor
1.
Holders of this license may obtain permits for work or equipment regulated under
Chapter 156 pertaining to combustion air systems, chimneys and vents, boilers,
water
heaters and pressure vessels, hydronic piping, general mechanical system
requirements, special piping and storage systems and fuel gas systems.
E. CLASS E - Special Appliance Contractor
1.
Holders of this license or a class A, B or D license may obtain permits for
work or equipment pertaining to combustion air systems, chimneys and vents, specific
appliance fireplaces and solid fuel burning equipment, general mechanical systems
and the installation of solid fuel burning appliances such as manufactured stoves and
fireplaces. All installations shall be in compliance with the appliance listings,
manufacturer’s recommendations and applicable requirements of Chapter 156.
160.18 CONTRACTOR LICENSE EXPERIENCE REQUIREMENTS. An
applicant for a Ducted Air Heating/Cooling Contractor’s License, Hydronic
Heating/Cooling Contractor’s License, or a Refrigeration Contractor’s License shall
submit proof of two years experience installing equipment or systems in the respective
classification and shall attain a score of 75% on a nationally recognized test approved
by the LBE.
(Ordinance No. 07-204)
CHAPTER 161
FIRE CODE
161.01
161.02
161.03
161.04
161.05
161.06
161.07
161.08
161.09
161.10
161.11
Adoption of Fire Code
Deletions
Amendments and Additions
Electrical
Permit Fees
Types of Permits
Expiration
Board of Appeals
Open Burning and Recreational Fires
Liquefied Petroleum Gas Fueled Cooking Devices
Fire Lane Identification
161.12
161.13
161.14
161.15
161.16
161.17
161.18
161.19
161.20
161.21
Premise Identification
Key Boxes
Fire Department Connections
Handrails
Requirements for Egress Window Landings
Registration of Flammable and Combustible
Storage Tanks
Fireworks
Fireworks Bond for Display and Disposal
Hazardous Substances, Notification and Disposal
False Fire Alarms
161.01 ADOPTION OF FIRE CODE. This chapter shall consist of the “International
Fire Code, 2006 Edition,” as published by the International Code Council which volume
is incorporated herein by this reference as fully as though set forth herein in its entirety,
excepting only such portions as are hereinafter stated to be deleted therefrom; and such
additional provisions as are hereinafter set forth. This chapter and all provisions
incorporated herein by reference or otherwise, shall be known as the “Fire Code,” may
be cited as such, and will be referred to herein as such and as “this code.”
161.02 DELETIONS. The following are hereby deleted from this code and are of no
force or effect herein:
1.
2.
Subsection 105.3.1 and Subsection 105.3.2
Section 108
161.03 AMENDMENTS AND ADDITIONS. The remaining sections in this chapter
are and represent amendments and additions to the requirements contained in the Fire
Code, and where their requirements conflict with those of the Fire Code, the
requirements of this chapter shall prevail. The sections listed below shall be construed in
the context of the enumerated chapter or chapters of Fire Code.
1.
2.
3.
4.
5.
6.
Section 161.03 - Section 202 IFC (definition of bedroom)
Section 161.04 - IFC (Electrical Code)
Section 161.05 – Section 105.1.1 (Permit Fees)
Section 161.06 - Section 105.1.2 (Types of Permits)
Section 161.09 – Section 307.1 (Open Burning)
Section 161.10 - Section 308.3.1.1 (Liquefied-petroleum-gas-fueledcooking-devices)
7.
Section 161.11 - Section 503.3 (Fire Lane Identification)
8.
Section 161.12 - Section 505.1 (Premise Identification)
9.
Section 161.13 - Section 506.1 (Key Boxes)
10.
Section 161.14 - Section 912.1 (Fire Department Connections)
11.
Section 161.15 - Section 1012.4 (Handrails)
12. Section 161.16 - Section 1026.3 (Egress Window Landings)
13.
Section 161.17 - Section 3401.4 (Registration of flammable and
combustible container/tanks)
For the purposes of this code, the word “bedroom” means any room with a
permanently built in closet, designed for and potentially used for sleeping purposes at
the present time and / or in the future. Bedrooms shall meet all the minimum
provisions of this code to include a minimum of 70 square feet of floor area with the
least horizontal dimension of 7 feet, glazing for natural light to be not less than 8
percent of floor area, heat provided in the room to maintain a minimum of 68 degrees,
3 feet from the floor and 2 feet from the exterior walls, a height of 7 feet in the
room(s) shall be maintained, shall meet the minimum emergency escape and rescue
opening, shall have a permanently powered smoke alarm device with battery backup.
Bedrooms include dens, offices, playrooms, family rooms, storage areas, and other
rooms with built in closets. For the purpose of this chapter “bedroom(s) and sleeping
room(s) shall be synonymous with each other.
161.04 ELECTRICAL. Any reference in the International Fire Code to the ICC
Electrical Code shall be replaced with the National Electrical Code as adopted per
chapter 158 of the City of Bondurant Code of Ordinances.
161.05 PERMIT FEES. Section 105.1.1 shall be amended by adding the following
sentence to the end of the paragraph: A fee for each construction permit shall be paid
to the fire official in the amount set forth in the Schedule of Fees as adopted by the
City Council.
1. Permit Fees:
A.
A fee for each construction permit shall be paid to the fire chief in the amount
set forth in the Schedule of Fees as adopted by the City Council.
B.
If a permit is issued for a specific amount of work and, upon inspection, it is
determined that more work was performed than was authorized by the permit, the
permittee shall amend the permit or obtain another permit to include all additional
work and shall pay a new base fee and any unit fees as described in paragraph A
above.
C.
Permits and Fees for mechanical, plumbing, and electrical work shall meet the
requirements of Ordinances 156, 157, and/or 158 respectively.
Additional permit fees are as follows:
1.
Plan Check Fees: Plan Check Fees shall be in the amount set forth in the
Schedule of Fees as adopted by the City Council.
A.
Double Fee. Except in emergency situations, as determined by the Fire Chief,
where work for which a building permit is required by this code is started or proceeded
with by any person prior to obtaining a required permit, the fees in the amount set forth
in the Schedule of Fees as adopted by the City Council shall be doubled. The payment of
such double fee shall not relieve any person from fully complying with the requirements
of this code in the execution of the work or from any other penalties prescribed herein.
No additional permits of any type shall be issued to any person who owes the City the
double fee described in this subsection. However, no double fee shall be imposed upon
any person who starts without a permit if:
1.
The work is started on a Saturday, Sunday, or holiday, or during any other day
when the Building Department is not normally open for business; and
2.
The person secures the proper permit on the next Fire Department working day.
3.
No Plan review is required prior to issuance of the permit.
B.
Refunds. If, within 30 days of the date of issuance, the holder of a construction
permit decides not to commence the work described in said permit, said person may,
upon application to the Fire Chief, be refunded that portion of the permit fee which is in
excess of the permit refund fee in as set forth in the Schedule of Fees as adopted by the
City Council.
C.
Fees for Permit Renewals as stated in Section 161.07 shall be based on the
percentage of valuation of remaining work to be performed provided the plans are not
changed. If the plans are changed enough to warrant a review then the permit fee shall be
½ the cost of the original fee plus any fees as set forth in subsection E of this code
section.
* Or the hourly cost to the jurisdiction, whichever is greater. This cost shall include
supervision, overhead, hourly wages, and fringe benefits of the employees involved.
D.
Re-inspections. A re-inspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or
when corrections called for are not made. This section is not to be interpreted as
requiring re-inspection fees the first time a job is rejected for failure to comply with the
requirements of this code, but as controlling the practice of calling for inspections before
the job is ready for such inspection or re-inspection. Re-inspection fees may be assessed
when the inspection record card is not posted or otherwise available on the work site, the
approved plans are not readily available to the inspector, for failure to provide access on
the date for which inspection is requested, or for deviating from plans requiring the
approval of the building official. To obtain a re-inspection, the applicant shall file an
application therefore in writing on a form furnished for that purpose and pay the reinspection fee as set forth in the Schedule of Fees as adopted by the City Council. In
instances where re-inspection fees have been assessed, no additional inspection of the
work will be performed until the required fees have been paid.
E.
Other Inspections and Fees: See the schedule of fees as adopted by City
Council.
Persons performing work for the Federal Government, the State, the county or city
may obtain permits for such work without paying the permit fees described herein;
provided, however, that nothing in this section shall be construed to exempt payment
of permit fees by persons performing work under the direction of the City in
connection with the abatement of any public law.
An expired permit may not be reissued without a permit fee except by resolution of the
City Council.
161.06 TYPES OF PERMITS. Section 105.1.2 shall be amended by the deletion of
item number 1, including sub-numbers, and replaced with the following:
1.
Operational Permit. A certificate of occupancy issued pursuant to the provisions
of Chapter 155 of the City of Bondurant, Code of Ordinances shall be assumed to
meet the provisions of this section except for sections 105.6.30, 105.6.31, 105.6.32,
and 105.6.43.
161.07 EXPIRATION. Every permit issued by the fire official under the provision
of the fire code shall expire under any one of the following conditions:
1.
Failure to begin work authorized within 180 days after issuance of the permit.
2.
Suspension or abandonment of work for 120 days after commencement of the
work. Time of occurrence of suspension or abandonment of work shall be computed
from the date of the most recent inspection since which no progress has been made.
3.
Failure to complete work on a structure designed for residential uses within one
year after issuance of a permit.
4.
Failure to complete work on a structure designed for commercial or industrial
uses within two years after issuance of a permit. For permits with a valuation
exceeding $10,000,000.00 work shall be completed within three years after issuance
of a permit.
Any permitee holding an unexpired permit may apply for an extension of the time
within, which he or she may commence or continue work. The fire official is
authorized to grant, in writing, for periods not more than 180 days each, two
extensions. The extension shall be requested in writing and justifiable cause
demonstrated. Any of the extensions may be further extended by action of the City
Council. In all cases, when a renewal is granted the structure for which the permit is
required shall comply with code requirements in effect at the time the permit is
renewed.
161.08 BOARD OF APPEALS. In order to hear and decide appeals of orders,
decisions or determinations made by the Fire Official relative to the application and
interpretation of this code, there shall be and hereby created a Board of Appeals,
consisting of five (5) members. Board members shall be chosen and appointed based on
diversity and building construction knowledge, all of whom shall be residents of the City
of Bondurant, Iowa. One (1) member of said Board of Appeals at a minimum shall be a
private citizen. The Fire Official / Building Official or designated representative shall be
an ex-officio member without a vote and shall act as secretary of the Board. The
appointment of members shall be for three (3) year terms, expiring on December 31, with
not more than two (2) members’ terms expiring any one year.
The Fire Board of Appeals shall be appointed by the Mayor, subject to Council approval,
and shall serve without compensation. The Fire Board of Appeals and the Building Board
of Appeals shall be one in the same. The Board shall adopt reasonable rules and
regulations for conducting its investigations and shall render all decisions and findings in
writing to the Fire/Building Official with a duplicate copy to the appellant, and may
recommend to the City Council such new legislation as is consistent therewith. The
Board shall meet at will and when there are appeals or business on file for a hearing.
Nominal appeal fee to the Fire/Building Board of Appeals shall be paid as set forth in
Section 161.05 PERMIT FEES. The appeal shall be valid for one (1) year from the date
of the Board approval to the commencement of work and to the completion of work
undertaken pursuant to the approval.
161.09 OPEN BURNING AND RECREATIONAL FIRES. Section 307.1 of the
International Fire Code shall be amended by adding the following to the end of the
section: There shall be no open burning in the City of Bondurant Corporate Limits
without prior approval of Polk County Air and Waste Management Department and the
Fire Chief.
161.10 LIQUEFIED PETROLEUM GAS FUELED COOKING DEVICES. Section
308.3.1.1 of the International Fire Code shall be amended by deleting the section and
replacing with the following: LP-gas burners having an LP-gas container with a water
capacity greater than 47.7 pounds (nominal 20 pound LP gas capacity) shall not be
located on combustible balconies and decks or within 10 feet of combustible
construction. Exception: One and Two family dwellings.
161.11 FIRE LANE IDENTIFICATION. Section 503.3 of the International Fire
Code shall be amended by deleting the section and replacing with the following: When
required by the Fire Code Official, Fire lanes shall be painted traffic red. Signs shall be
permanently mounted with a center height not exceeding 60” above adjacent grade. The
beginning sign shall be set at 45 degrees to the designated area with a red arrow pointing
forward toward the fire lane. The intermediate signs shall be set every 100 feet in the fire
lane. The end sign shall be set at 45 degrees to the designated area with a red arrow
pointing backward to the fire lane. Signs shall be eighteen (18) inches tall by twelve
(12) inches wide, with red letters on a white background to read [No parking Fire
lane].
161.12 PREMISE IDENTIFICATION. Section 505.1 of the IFC shall be amended
by deleting the number 4 inches to 6 inches for other than Group R-3 occupancies and
individual dwelling units in an R-2 occupancy.
161.13 KEY BOXES. Section 506.1 of the International Fire code shall be amended
by adding the following to the end of the section: Key boxes shall be located at the
front of the building typically adjacent to the main front door(s) at a height of 5 feet
above grade, or at a location as directed by the fire code official.
161.14
FIRE DEPARTMENT CONNECTIONS.
Section 912.1 of the
International Fire Code shall be amended by adding the following to the end of the
section: The fire department connection shall be a 5 inch Storz type connector(s)
compatible with the hose couplings currently in use by the fire department and
connected to the riser by means of a 5 inch or larger piping system. A fire department
connection having the standard internal threaded swivel fittings of 2 ½ inches NST
may be substituted for the 5 inch Storz connection with the approval of the fire code
official where system pressures may exceed hose test pressure or where the water
supply locations could require an extensive hose lay to the structure.
161.15 HANDRAILS. The following shall be added at the end of exception #1 of
Section 1012.4 of the International Fire Code. Handrails within a dwelling unit or
serving an individual dwelling unit of groups R-2 and R-3 or One and Two family
dwellings shall be permitted to be interrupted at one location in a straight stair when
the rail terminates into a wall or ledge and is offset and immediately continues.
161.16 REQUIREMENTS FOR EGRESS WINDOW LANDINGS. Section
1026.3 of the International Fire Code shall be added to the end of the section to state
as follows: Where a landing is provided for egress windows in new and existing
construction of Group R occupancies/One and Two family Dwellings only when the
maximum height requirement cannot be met as stated in Section 1026.3 shall have a
minimum width of 36 inches, a minimum depth of 18 inches and a maximum height of
24 inches. The landing shall be permanently affixed to the floor under the window it
serves.
161.17 REGISTRATION OF FLAMMABLE AND COMBUSTIBLE STORAGE
TANKS. Section 3401.4 of the IFC shall be amended by deleting the section and
replacing with the following: Owners or Owners Agents shall register the placement
of Flammable and Combustible containers/tanks located on their property as follows
with the fire department:
1.
Storage, handling, or use of class I liquids in excess of 5 gallons inside a building
or in excess of ten gallons outside a building, except registration is not required for the
storage or use of:
A.
Flammable liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile
power plant, or mobile heating plant, unless storage in the opinion of the fire chief would
cause an unsafe condition.
B.
Paints, oils, varnishes, or similar flammable mixtures when such liquids are stored
for a period of not more than 30 days.
2.
Retailing of class I, II, or IIIA liquids at a service station or other locations.
3.
Storage, handling or use of class II or IIIA liquids in excess of 25 gallons in a
building or in excess of 60 gallons outside of a building, except storage of 550 gallons or
less of fuel oil when connected with oil burning equipment.
4.
The manufacture, processing, blending, or refining of Class I, II, or IIIA liquids or
where liquids are used in the manufacturing, processing or finishing of articles.
5.
Storage of flammable or combustible liquids in stationary tanks or placement tanks
temporarily out of service, when the total storage capacity is 1,000 gallons or more.
6.
Installation or major repair of tanks either above ground or below ground
containing class I and II liquids, and class IIIA liquids in excess of one 275 gallon tank
outside a building or two 275 gallon tanks in a building.
7.
Major repair, replacement or addition of piping either above ground or below
ground, used with class I, II, or IIIA liquids on existing tanks.
Registration shall be submitted with forms furnished by the Fire Department. The
registration of containers / tanks does not waive any requirements of the code.
161.18 FIREWORKS.
1.
General. It shall be unlawful to manufacture fireworks within the corporate limits
of the City of Bondurant.
2.
The Fire Chief or duly appointed representative is authorized to seize, take,
remove or cause to be removed at the expense of the owner all stocks of illegal fireworks
(not State approved), offered or exposed for sale, stored and held to be in violation of
State Law.
3.
It shall be unlawful for any person to possess, store, offer for sale, expose for
sale, sell at retail, or use or explode any fireworks within the corporate limits of the
City of Bondurant.
Exception: The use of fireworks for display is allowed per Section 161.19 of this
ordinance and City Council approval.
161.19
FIREWORKS BOND FOR DISPLAY AND DISPOSAL.
1.
The applicant shall, at the time he or she makes his or her application for a
permit, attach thereto a bond or certificate of insurance naming the applicant and the
City as insured, in the sum of not less than $1,000,000.00, provided that the Chief of
the Fire Department and/or the City Council require a greater amount. Said bond and
insurance shall insure the use and benefit of the City and/or any person who suffers
damage either to person or property by reason of said display of fireworks.
2.
Any fireworks that remain unfired after the display is concluded shall be
immediately disposed of in a way safe for the particular type of fireworks remaining.
161.20 HAZARDOUS SUBSTANCES, NOTIFICATION AND CLEANUP.
1.
Scope. This section shall apply to the release of hazardous substances and the
notification, cleanup and recovery of costs associated with the mitigation of hazardous
conditions.
2.
Definitions. For the purposes of the section, these words have the following
meaning:
A.
“Cleanup” shall mean the removal, by approved personnel, of the hazardous
substances to a place where the waste will not cause any danger to persons or the
environment, in accordance with the state statutes, rules and regulations therefore, or
the treatment of the material as defined herein to eliminate the hazardous condition,
including the restoration of the area to general good appearance without noticeable
odor as far as practicable. Cleanup includes all actions necessary to contain, collect,
identify, analyze, treat, disperse, remove or dispose of a hazardous substance and to
restore the sites from, which such hazardous substance was cleaned up.
B.
“Hazardous Condition” shall mean any situation involving the actual,
imminent or probable spillage, leakage, or release of a hazardous substance.
1.
within the City or onto City property located outside the City which, because
of the quantity, strength and toxicity of the hazardous substance, its mobility in the
environment and its persistence creates an immediate potential danger to the public
health or safety; or
2.
onto land, into the waters within the State of Iowa or into the atmosphere, but
outside the City which because of the quantity, strength and toxicity of the hazardous
substance, its mobility in the environment and its persistence, creates an immediate
potential danger to the public health or safety of persons or property within the City.
Hazardous conditions includes involving hazardous materials required to be reported
under Section 321.266 (4) of the Code of Iowa.
C.
“HAZARDOUS SUBSTANCE” shall mean any substance or mixture of
substance that presents a danger to public health or safety or environment and includes,
but is not limited to, a substance that is toxic, corrosive or flammable, or that is an
irritant, or that, in confinement, generates pressure through decomposition, heat or other
means. The following are examples of substances which, in sufficient quantity, may be
hazardous; Acids; alkalis;
explosives; fertilizers; heavy metals such as chromium,
arsenic, mercury, lead and cadmium; industrial chemicals; paint thinners; paints;
pesticides; petroleum products; poisons; radioactive materials; sludges; and organic
solvents. “Hazardous substance” includes 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 of 1976, as amended to January 1, 1977, or any hazardous materials
designated under Section 311 of the Federal Water Pollution Control Act as amended to
January 1, 1977, or any hazardous materials designated by the Secretary of
Transportation under
the Hazardous Materials Transportation Act, or any hazardous
substance listed under the Comprehensive Environmental Response, Compensation
Liability Act of 1980.
D.
“Person” shall mean a natural person, his heirs, executors, administrators or
assigns and also includes a firm, partnership or corporation, its or their successors of
assigns, or any other similar legal entity or the agent of any of the aforesaid.
E.
“Responsible Person” shall mean the person, whether the owner, agent, lessor or
tenant, in charge of the hazardous substance being stored, processed or handled, or the
owner or bailee transporting hazardous wastes or substances whether on public ways or
grounds or on private property where the spill would cause danger to the public or to any
persons or to the environment.
F.
“Treatment” shall mean a method, technique or process, including neutralization,
designed to change the physical, chemical or biological character or composition of a
hazardous substance so as to neutralize it or render the substance non-hazardous, safer
for transport, amenable for recovery, amenable for storage, or to reduce it in volume.
Treatment includes any activity or processing designed to change the physical form or
chemical composition of a hazardous substance to render it non-hazardous.
3.
Notification. When a hazardous condition is created, the responsible person
shall notify the Bondurant Fire Department immediately upon discovery of the
condition but in no instance later than thirty minutes after the discovery of the
hazardous condition.
4.
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 discharge into any waters, including ground
waters, the Fire Chief or designee may remove or provide for removal and the disposal
of the hazardous substance at any time, unless the Fire Chief or designee determines
such removal will be properly and promptly accomplished by the responsible person.
If the responsible party does not initiate and complete cleanup within the time
designated by the Fire Department, the City may proceed to remedy the hazardous
condition by performing necessary cleanup devices.
5.
Loss, Burden or Costs. A responsible person shall be liable to the City for all
cleanup costs incurred by the City, including but not limited to; chemical damage,
contamination of equipment, and the use of consumable materials, personnel, but shall
not be liable for those losses, burdens or costs normally associated with response to
fire emergencies which do not involve hazardous conditions. If charges for such
cleanup costs are not paid within thirty days after invoice, the City shall proceed to
obtain payment by all legal means.
161.21
FALSE FIRE ALARMS.
1.
Definitions. For the purposes of this section, these words have the following
meaning:
A.
“False Alarm” means the activation of a fire alarm system through mechanical
failure, malfunction, improper installation, improper maintenances, or the negligence
of the owner or lessee of the fire alarm system or his or her employees or agents. This
does not include alarms caused by unauthorized tampering with a fire alarm system by
anyone other than the fire alarm user or his or her agent.
B.
“Fire alarm system” means any assembly of equipment, mechanical or
electrical, installed by a fire alarm business, arranged to signal the occurrence of a fire,
smoke, water flow or other condition to which the fire department may be expected to
respond.
C.
“Fire alarm user” means a person, firm, partnership, association, corporation,
company, or organization of any kind that is in control of any building, structure, or
facility where a fire alarm system is present.
D.
“Testing and maintenance” means when an alarm service technician or alarm
company conducts fire alarm system testing.
2.
Fire Alarm Activation and User Fee.
A.
Whenever fire department personnel responds to an activated fire alarm system the
Fire Chief or authorized fire official in charge of the incident shall determine if the
response was caused by a false alarm and shall indicate that fact upon the incident report.
B.
The fire department shall regularly review incident reports to monitor the
accumulation of false alarms at any one location. Whenever two false alarms have
occurred at the same location within one calendar year, and the location is within the
response jurisdiction area of the City of Bondurant, the Fire Department shall notify the
fire alarm user by letter, citing the location and date of each alarm activation. The letter
shall recommend that appropriate action be taken on the part of the fire alarm user to
alleviate the causes of such false alarms and shall include a statement than an
accumulation of more than three false alarm activations within a year shall result in a
charge for services. Another similar letter shall be sent when three false alarms have
occurred at the same location within the year.
C.
When four false alarms have occurred at one location within a calendar year, a
user fee for service for false alarm response shall be invoiced to the property owner.
Each additional false fire alarm activation within the same calendar year shall be
invoiced an additional fee. In the event that payment of the fee is not made within thirty
days of billing, and administrative charge for collection shall be assessed. The fee
hereby established affords only partial recovery of the expenses incurred in responding to
the false alarms.
D.
Whenever fire department personnel respond to a fire alarm that has been activated
due to testing and maintenance, the fire official in charge of the incident shall determine
if the response resulted from failure to make the proper notification to the alarm system
monitor center and the Polk County Communication Dispatch Center and shall so
indicate on the incident report. Notwithstanding anything contained in any other section
of the ordinance codified in this chapter, if a fire alarm is activated due to testing and
maintenance and the Polk County Communication Dispatch Center was not given proper
notification, a user fee established by resolution will be imposed upon each false alarm.
The responsible party will be the agency, testing or maintenance company representative,
or individual that initiated the alarm testing or maintenance.
3.
Evidence of Repair Accepted in Lieu of Fee. An alarm user may submit evidence
that a malfunctioning system has been repaired in lieu of paying a user fee within ten
days of the date of notification of the fee. Evidence such as a receipt from a licensed
alarm business with a statement of repairs made to the system is acceptable.
4.
Review of False Alarm Fee. Any person may appeal the imposition of the fee
to the City Council. A false alarm activation user or his / her designee shall appeal in
writing and such appeal shall be made to the Fire chief within ten days of the date of
the notification fee.
5.
False Alarm Fees. A fee for each false alarm shall be paid to the Fire Chief in
the amount set forth in the Schedule of Fees as adopted by the City Council.
6.
False Alarm Effective Date. False fire alarm activation fees will begin at the
time of City Council resolution.
(Ordinance No. 07-205)
CHAPTER 162
CHAPTER RESERVED
(Ordinance No. 07-208)
CHAPTER 163
CHAPTER RESERVED
(Ordinance No. 07-209)
CHAPTER 165
FLOOD PLAIN REGULATIONS
165.01
165.02
165.03
165.04
165.05
165.06
165.07
165.08
165.09
165.10
Purpose
Definitions
Lands to Which Chapter Applies
Rules for Interpretation of Flood Plain
(Overlay) District
Compliance
Abrogation and Greater Restrictions
Interpretation
Warning and Disclaimer of Liability
Flood Plain (Overlay) District Standards
Administration
165.11
165.12
165.13
165.14
165.15
165.16
165.17
165.18
165.19
Flood Plain Development Permit Required
Application for Permit
Action on Application
Construction and Use to be as Provided in
Application and Plans
Variances
Factors Upon Which the Decision to Grant Variances
Shall be Based
Conditions Attached to Variances
Nonconforming Uses
Amendments
165.01 PURPOSE. It is the purpose of this chapter to protect and preserve the rights,
privileges and property of the City and its residents and to preserve and improve the
peace, safety, health, welfare and comfort and convenience of its residents by minimizing
flood losses with provisions designed to:
1.
Restrict Use. Restrict or prohibit uses which are dangerous to health, safety, or
property in times of flood or which cause excessive increases in flood heights or
velocities.
2.
Vulnerable Uses Protected. Require that uses vulnerable to floods, including
public facilities which serve such uses, be protected against flood damage at the time of
initial construction or substantial improvement.
3.
Unsuitable Land Purchases. Protect individuals from buying lands, which may not
be suited for intended purposes because of flood hazard.
4.
Flood Insurance. Assure that eligibility is maintained for property owners in the
community to purchase flood insurance through the National Flood Insurance Program.
165.02
DEFINITIONS. Unless specifically defined below, words or phrases used
in this chapter shall be interpreted so as to give them the meaning they have in common
usage and to give this chapter its most reasonable application.
1.
“Base flood” means the flood having one (1) percent chance of being equaled or
exceeded in any given year. (See 100-year flood.)
2.
“Basement” means any enclosed area of a building, which has its floor or lowest
level below ground level (sub-grade) on all sides. Also see “lowest floor.”
3.
“Development” means any manmade change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations.
4.
“Existing construction” means any structure for which the “start of
construction” commenced before the effective date of the community’s Flood
Insurance Rate Map. May also be referred to as “existing structure.”
5.
“Existing factory-built home park or subdivision” means a factory-built home
park or subdivision for which the construction of facilities for servicing the lots on
which the factory-built homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads) was completed before the effective date of the flood plain
management regulations adopted by the community.
6.
“Expansion of existing factory-built home park or subdivision” means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the factory-built homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either final site grading or the
pouring of concrete pads).
7.
“Factory-built home” means any structure designed for residential use which is
wholly or in substantial part made, fabricated, formed or assembled in manufacturing
facilities for installation or assembly and installation on a building site. For the
purpose of this chapter, factory-built homes include mobile homes, manufactured
homes and modular homes and also includes “recreational vehicles” which are placed
on a site for greater than 180 consecutive days and not fully licensed for and ready for
highway use.
8.
“Factory-built home park” means a parcel or contiguous parcels of land divided
into two or more factory-built home lots for sale or lease.
9.
“Flood” means a general and temporary condition of partial or complete
inundation of normally dry land areas resulting from the overflow of streams or rivers
or from the unusual and rapid runoff of surface waters from any source.
10. “Flood elevation” means the elevation floodwaters would reach at a particular
site during the occurrence of a specific flood. For instance, the 100-year flood
elevation is the elevation of floodwaters related to the occurrence of the 100-year
flood.
11. “Flood Insurance Rate Map (FIRM)” means the official map prepared as part of
(but published separately from) the Flood Insurance Study which delineates both the
flood hazard areas and the risk premium zones applicable to the community.
12. “Flood plain” means any land area susceptible to being inundated by water as a
result of a flood.
13. “Flood plain management” means an overall program of corrective and
preventive measures for reducing flood damages and promoting the wise use of flood
plains, including but not limited to emergency preparedness plans, flood control
works, flood-proofing and flood plain management regulations.
14. “Flood-proofing” means any combination of structural and nonstructural additions,
changes, or adjustments to structures, including utility and sanitary facilities which will
reduce or eliminate flood damage to such structures.
15. “Floodway” means the channel of a river or stream and those portions of the flood
plains adjoining the channel, which are reasonably required to carry and
discharge flood waters or flood flows so that confinement of flood flows to the floodway
area will not cumulatively increase the water surface elevation of the base flood by more
than one (1) foot.
16. “Floodway fringe” means those portions of the flood plain, other than the
floodway, which can be filled, leveed, or otherwise obstructed without causing
substantially higher flood levels or flow velocities.
17.
“Historic structure” means any structure that is:
A.
Listed individually in the National Register of Historic Places, maintained by the
Department of Interior, or preliminarily determined by the Secretary of the Interior as
meeting the requirements for individual listing in the National Register;
B.
Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as a registered historic district;
C.
Individually listed on a state inventory of historic places in states with historic
preservation programs which have been approved by the Secretary of the Interior; or,
D.
Individually listed on a local inventory of historic places in communities with
historic preservation programs that have been certified by either (i) an approved state
program as determined by the Secretary of the Interior or (ii) directly by the Secretary of
the Interior in states without approved programs.
18. “Lowest floor” means the floor of the lowest enclosed area in a building including
a basement except when all the following criteria are met:
A.
The enclosed area is designed to flood to equalize hydrostatic pressure during
floods with walls or openings that satisfy the provisions of Section 165.09(4)(A); and
B.
The enclosed area is unfinished (not carpeted, drywalled, etc.) and used solely for
low damage potential uses such as building access, parking or storage; and
C.
Machinery and service facilities (e.g., hot water heater, furnace, electrical service)
contained in the enclosed area are located at least one (1) foot above the 100-year flood
level; and
D.
The enclosed area is not a “basement” as defined in this section.
In cases where the lowest enclosed area satisfies criteria A, B, C and D above, the lowest
floor is the floor of the next highest enclosed area that does not satisfy the criteria above.
19.
“New construction” (new buildings, factory-built home parks) means those
structures or development for which the start of construction commenced on or after the
effective date of the Flood Insurance Rate Map.
20. “New factory-built home park or subdivision” means a factory-built home park or
subdivision for which the construction of facilities for servicing the lots on which the
factory-built homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of the flood plain
management regulations adopted by the community.
21.
“100-Year Flood” means a flood, the magnitude of which has a one percent
(1%) chance of being equaled or exceeded in any given year or which, on the average,
will be equaled or exceeded at least once every one hundred (100) years.
22.
“Recreational vehicle” means a vehicle which is:
A.
Built on a single chassis;
B.
Four hundred (400) square feet or less when measured at the largest horizontal
projection;
C.
and
Designed to be self-propelled or permanently towable by a light duty truck;
D.
Designed primarily not for use as a permanent dwelling but as a temporary
living quarters for recreational, camping, travel, or seasonal use.
23.
“Special flood hazard area” means the land within a community subject to the
“100-year flood.” This land is identified as Zone A on the community’s Flood
Insurance Rate Map.
24.
“Start of construction” includes substantial improvement, and means the date
the development permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, or other improvement was within
180 days of the permit date. The actual start means either the first placement or
permanent construction of a structure on a site, such as pouring of a slab or footings,
the installation of pile, the construction of columns, or any work beyond the stage of
excavation; or the placement of a factory-built home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers, or foundations or the erection of temporary
forms; nor does it include the installation on the property of accessory buildings such
as garages or sheds not occupied as dwelling units or not part of the main structure.
For a substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of the building, whether or
not that alteration affects the external dimensions of the building.
25.
“Structure” means anything constructed or erected on the ground or attached to
the ground, including, but not limited to, buildings, factories, sheds, cabins, factorybuilt homes, storage tanks and other similar uses.
26.
“Substantial damage” means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damage condition would equal or
exceed fifty (50) percent of the market value of the structure before the damage occurred.
27.
“Substantial improvement” means any improvement to a structure which satisfies
either of the following criteria:
A.
Any repair, reconstruction, or improvement of a structure, the cost of which
equals or exceeds fifty (50) percent of the market value of the structure either (i) before
the “start of construction” of the improvement, or (ii) if the structure has been
“substantially damaged” and is being restored, before the damage occurred. The term
does not, however, include any project for improvement of a structure to comply with
existing State or local health, sanitary, or safety code specifications which are solely
necessary to assure safe conditions for the existing use. The term also does not include
any alteration of an “historic structure,” provided the alteration will not preclude the
structure’s designation as an “historic structure.”
B.
Any addition which increases the original floor area of a building by twenty-five
(25) percent or more. All additions constructed after the effective date of the Flood
Insurance Rate Map shall be added to any proposed addition in determining whether the
total increase in original floor space would exceed twenty-five percent.
28.
“Variance” means a grant of relief by a community from the terms of the flood
plain management regulations.
29.
“Violation” means the failure of a structure or other development to be fully
compliant with the community’s flood plain management regulations.
165.03 LANDS TO WHICH CHAPTER APPLIES. The provisions of this chapter
shall apply to all lands within the jurisdiction of the City which are located within the
boundaries of the Flood Plain (Overlay) District. The areas within the jurisdiction of the
City having special flood hazards are hereby designated as a Flood Plain (Overlay)
District and shall be subject to the standards of the Flood Plain (Overlay) District (as well
as those for the underlying zoning district). The Flood Plain (Overlay) District
boundaries are shown on the Flood Insurance Rate Map (FIRM) for the City, dated April
2, 1990, and as amended thereafter.
165.04 RULES FOR INTERPRETATION OF FLOOD PLAIN (OVERLAY)
DISTRICT. The boundaries of the Flood Plain (Overlay) District areas shall be
determined by scaling distances on the official Flood Insurance Rate Map. When an
interpretation is needed as to the exact location of a boundary, the Zoning Administrator
shall make the necessary interpretation. The Zoning Board of Adjustment shall hear and
decide appeals when it is alleged that there is an error in any requirement, decision, or
determination made by the Zoning Administrator in the enforcement or administration of
this chapter.
165.05
COMPLIANCE. No structure or land shall hereafter be used and no
structure shall be located, extended, converted or structurally altered without full
compliance with the terms of this chapter and other applicable regulations which apply
to uses within the jurisdiction of this chapter.
165.06 ABROGATION AND GREATER RESTRICTIONS. It is not intended by
this chapter to repeal, abrogate or impair any existing easements, covenants, or deed
restrictions. However, where this chapter imposes greater restrictions, the provision
of this chapter shall prevail. Any ordinances inconsistent with this chapter are hereby
repealed to the extent of the inconsistency only.
165.07 INTERPRETATION. In their interpretation and application, the provisions
of this chapter shall be held to be minimum requirements and shall be liberally
construed in favor of the governing body and shall not be deemed a limitation or
repeal of any other powers granted by State statutes.
165.08 WARNING AND DISCLAIMER OF LIABILITY. The standards
required by this chapter are considered reasonable for regulatory purposes. This
chapter does not imply that areas outside the designated Flood Plain (Overlay) District
will be free from flooding or flood damages. This chapter shall not create liability on
the part of the City or any officer or employee thereof for any flood damages that
result from reliance on this chapter or any administrative decision lawfully made
thereunder.
165.09 FLOOD PLAIN (OVERLAY) DISTRICT STANDARDS. All uses must
be consistent with the need to minimize flood damage and shall meet the following
applicable performance standards. Where 100-year flood data has not been provided
on the Flood Insurance Rate Map, the Department of Natural Resources shall be
contacted to compute such data. The applicant will be responsible for providing the
Department of Natural Resources with sufficient technical information to make such
determination.
1.
All development within the Flood Plain (Overlay) District shall:
A.
Be consistent with the need to minimize flood damage.
B.
Use construction methods and practices that will minimize flood damage.
C.
Use construction materials and utility equipment that are resistant to flood
damage.
D.
Obtain all other necessary permits from Federal, State and local governmental
agencies including approval when required from the Iowa Department of Natural
Resources.
2.
Residential buildings. All new or substantially improved residential structures
shall have the lowest floor, including basement, elevated a minimum of one (1) foot
above the 100-year flood level. Construction shall be upon compacted fill which shall,
at all points, be no lower than one (1) foot above the 100-year flood level and extend
at such elevation at least 18 feet beyond the limits of any structure erected thereon.
Alternate methods of elevating (such as piers) may be allowed, subject to favorable
consideration by the Board of Adjustment, where existing topography, street grades, or
other factors preclude elevating by fill. In such cases, the methods used must be
adequate to support the structure as well as withstand the various forces and hazards
associated with flooding. All new residential structures shall be provided with a means
of access which will be passable by wheeled vehicles during the 100-year flood.
3.
Nonresidential buildings. All new or substantially improved nonresidential
buildings shall have the lowest floor (including basement) elevated a minimum of one
(1) foot above the 100-year flood level, or together with attendant utility and sanitary
systems, be flood-proofed to such a level. When flood-proofing is utilized, a
professional engineer registered in the State shall certify that the flood-proofing methods
used are adequate to withstand the flood depths, pressures, velocities, impact and uplift
forces and other factors associated with the 100-year flood; and that the structure, below
the 100-year flood level, is watertight with walls substantially impermeable to the
passage of water. A record of the certification indicating the specific elevation (in
relation to National Geodetic Vertical Datum) to which any structures are flood-proofed
shall be maintained by the Administrator.
4.
All new and substantially improved structures:
A.
Fully enclosed areas below the “lowest floor” (not including basements) that are
subject to flooding shall be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered professional engineer or meet or
exceed the following minimum criteria:
1.
A minimum of two openings having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding shall be provided.
2.
The bottom of all openings shall be no higher than one foot above grade.
3.
Openings may be equipped with screens, louvers, valves, or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters.
Such areas shall be used solely for parking of vehicles, building access and low damage
potential storage.
B.
New and substantially improved structures must be designed (or modified) and
adequately anchored to prevent flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
C.
New and substantially improved structures must be constructed with electrical,
heating, ventilation, plumbing and air conditioning equipment and other service facilities
that are designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
5.
Factory-built Homes.
A.
All factory-built homes, including those placed in existing factory-built home
parks or subdivisions, shall be elevated on a permanent foundation such that the
lowest floor of the structure is a minimum of one (1) foot above the 100-year flood
level.
B. All factory-built homes, including those placed in existing factory-built home
parks or subdivisions, shall be anchored to resist flotation, collapse or lateral
movement. Methods of anchoring may include, but are not limited to, use of over-thetop or frame ties to ground anchors.
6.
Utility and Sanitary Systems.
A.
On-site waste disposal and water supply systems shall be located or designed
to avoid impairment to the system or contamination from the system during flooding.
B.
All new and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the system as well as the
discharge of effluent into flood waters. Wastewater treatment facilities (other than onsite systems) shall be provided with a level of flood protection equal to or greater than
one (1) foot above the 100-year flood elevation.
C.
New or replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system. Water supply treatment facilities
(other than on-site systems) shall be provided with a level of protection equal to or
greater than one (1) foot above the 100-year flood elevation.
D.
Utilities such as gas or electrical systems shall be located and constructed to
minimize or eliminate flood damage to the system and the risk associated with such
flood damaged or impaired systems.
7.
Storage of materials and equipment that are flammable, explosive or injurious
to human, animal or plant life is prohibited unless elevated a minimum of one (1) foot
above the 100-year flood level. Other material and equipment must either be similarly
elevated or (i) not be subject to major flood damage and be anchored to prevent
movement due to flood waters or (ii) be readily removable from the area within the
time available after flood warning.
8.
Flood control structural works such as levees, flood-walls, etc. shall provide, at
a minimum, protection from a 100-year flood with a minimum of 3 feet of design
freeboard and shall provide for adequate interior drainage. In addition, structural
flood control works shall be approved by the Department of Natural Resources.
9.
Watercourse alterations or relocations must be designed to maintain the flood
carrying capacity within the altered or relocated portion. In addition, such alterations
or relocations must be approved by the Department of Natural Resources.
10.
Subdivisions (including factory-built home parks and subdivisions) shall be
consistent with the need to minimize flood damages and shall have adequate drainage
provided to reduce exposure to flood damage. Development associated with
subdivision proposals (including the installation of public utilities) shall meet the
applicable performance standards of this chapter. Subdivision proposals intended for
residential use shall provide all lots with a means of access which will be passable by
wheeled vehicles during the 100-year flood. Proposals for subdivisions greater than five
(5) acres or fifty (50) lots (whichever is less) shall include 100-year flood elevation data
for those areas located within the Flood Plain (Overlay) District.
11.
Accessory Structures.
A.
Detached garages, sheds, and similar structures accessory to a residential use are
exempt from the 100-year flood elevation requirements where the following criteria are
satisfied:
1.
The structure shall not be used for human habitation.
2.
The structure shall be designed to have low flood damage potential.
3.
The structure shall be constructed and placed on the building site so as to offer
minimum resistance to the flow of floodwaters.
4.
The structure shall be firmly anchored to prevent flotation which may result in
damage to other structures.
5.
The structure’s service facilities such as electrical and heating equipment shall be
elevated or flood-proofed to at least one (1) foot above the 100-year flood level.
B.
Exemption from the 100-year flood elevation requirements for such a structure
may result in increased premium rates for flood insurance coverage of the structure and
its contents.
12.
Recreational Vehicles.
A.
Recreational vehicles are exempt from the requirements of Section 165.09(5) of
this chapter regarding anchoring and elevation of factory-built homes when the following
criteria are satisfied.
1.
The recreational vehicle shall be located on the site for less than 180 consecutive
days, and
2.
The recreational vehicle must be fully licensed and ready for highway use. A
recreational vehicle is ready for highway use if it is on its wheels or jacking system and is
attached to the site only by quick disconnect type utilities and security devices and has no
permanently attached additions.
B.
Recreational vehicles that are located on the site for more than 180 consecutive
days or are not ready for highway use must satisfy requirements of Section 165.09 (5) of
this chapter regarding anchoring and elevation of factory-built homes.
13.
Pipeline river and stream crossings shall be buried in the streambed and banks, or
otherwise sufficiently protected to prevent rupture due to channel degradation and
meandering.
165.10 ADMINISTRATION. The Zoning Administrator shall implement and
administer the provisions of this chapter and will herein be referred to as the
Administrator. Duties and responsibilities of the Administrator shall include, but not
necessarily be limited to, the following:
1. Review all flood plain development permit applications to assure that the
provisions of this chapter will be satisfied.
2. Review all flood plain development permit applications to assure that all
necessary permits have been obtained from Federal, State and local governmental
agencies including approval when required from the Department of Natural Resources
for flood plain construction.
3.
Record and maintain a record of the elevation (in relation to National Geodetic
Vertical Datum) of the lowest floor (including basement) of all new or substantially
improved structures in the Flood Plain (Overlay) District.
4.
Record and maintain a record of the elevation (in relation to National Geodetic
Vertical Datum) to which all new or substantially improved structures have been
flood-proofed.
5.
Notify adjacent communities and/or counties and the Department of Natural
Resources prior to any proposed alteration or relocation of a watercourse and submit
evidence of such notifications to the Federal Emergency Management Agency.
6.
Keep a record of all permits, appeals and such other transactions and
correspondence pertaining to the administration of this chapter.
165.11 FLOOD PLAIN DEVELOPMENT PERMIT REQUIRED. A Flood
Plain Development Permit issued by the Administrator shall be secured prior to any
flood plain development (any manmade change to improved and unimproved real
estate, including but not limited to buildings or other structures, mining, filling,
grading, paving, excavation or drilling operations) including the placement of factorybuilt homes.
165.12 APPLICATION FOR PERMIT.
Application for a Flood Plain
Development Permit shall be made on forms supplied by the Administrator and shall
include the following information:
1.
Work To Be Done. Description of the work to be covered by the permit for
which, application is to be made.
2.
Location. Description of the land on which, the proposed work is to be done
(i.e., lot, block, tract, street address or similar description) that will readily identify and
locate the work to be done.
3.
Use or Occupancy. Indication of the use or occupancy for which, the proposed
work is intended.
4.
Flood Elevation. Elevation of the 100-year flood.
5.
Floor Elevation. Elevation (in relation to National Geodetic Vertical Datum)
of the lowest floor (including basement) of buildings or of the level to which, a
building is to be flood-proofed.
6.
Cost of Improvement. For buildings being improved or rebuilt, the estimated
cost of improvements and market value of the building prior to the improvements.
7.
Other. Such other information as the Administrator deems reasonably necessary
(e.g., drawings or a site plan) for the purpose of this chapter.
165.13 ACTION ON APPLICATION. The Administrator shall, within a reasonable
time, make a determination as to whether the proposed flood plain development meets
the applicable standards of this chapter and shall approve or
disapprove the application. For disapprovals, the applicant shall be informed, in writing,
of the specific reasons therefore. The Administrator shall not issue permits for variances
except as directed by the Zoning Board of Adjustment.
165.14 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATION
AND PLANS. Flood Plain Development Permits, issued on the basis of approved plans
and applications, authorize only the use, arrangement, and construction set forth in such
approved plans and applications and no other use, arrangement or construction. Any use,
arrangement, or construction at variance with that authorized shall be deemed a violation
of this chapter. The applicant shall be required to submit certification by a professional
engineer or land surveyor, as appropriate, registered in the State, that the finished fill,
building floor elevations, flood-proofing, or other flood protection measures were
accomplished in compliance with the provisions of this chapter, prior to the use or
occupancy of any structure.
165.15 VARIANCES. The Zoning Board of Adjustment may authorize upon request
in specific cases such variances from the terms of this chapter that will not be contrary to
the public interest, where owing to special conditions, a literal enforcement of the
provisions of this chapter will result in unnecessary hardship. Variances granted must
meet the following applicable standards:
1.
Cause. Variances shall only be granted upon (i) a showing of good and sufficient
cause, (ii) a determination that failure to grant the variance would result in exceptional
hardship to the applicant, and (iii) a determination that the granting of the variance will
not result in increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization of the public or conflict
with existing local codes or ordinances.
2.
Required To Afford Relief. Variances shall only be granted upon a determination
that the variance is the minimum necessary, considering the flood hazard, to afford relief.
3.
Notice To Applicant. In cases where the variance involves a lower level of flood
protection for buildings than what is ordinarily required by this chapter, the applicant
shall be notified in writing over the signature of the Administrator that (i) the issuance of
a variance will result in increased premium rates for flood insurance up to amounts as
high as $25 for $100 of insurance coverage and (ii) such construction increases risks to
life and property.
165.16
FACTORS UPON WHICH THE DECISION TO GRANT
VARIANCES SHALL BE BASED. In passing upon applications for variances, the
Zoning Board of Adjustment shall consider all relevant factors specified in other
sections of this chapter and:
1.
The danger to life and property due to increased flood heights or velocities
caused by encroachments.
2.
The danger that materials may be swept on to other land or downstream to the
injury of others.
3.
The proposed water supply and sanitation systems and the ability of these
systems to prevent disease, contamination and unsanitary conditions.
4.
The susceptibility of the proposed facility and its contents to flood damage and
the effect of such damage on the individual owner.
5.
The importance of the services provided by the proposed facility to the City.
6.
The requirements of the facility for a flood plain location.
7.
use.
The availability of alternative locations not subject to flooding for the proposed
8.
The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future.
9.
The relationship of the proposed use to the comprehensive plan and flood plain
management program for the area.
10.
The safety of access to the property in times of flood for ordinary and
emergency vehicles.
11.
The expected heights, velocity, duration, rate of rise and sediment transport of
the flood water expected at the site.
12.
The cost of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities (sewer, gas, electrical and water
systems), facilities, streets and bridges.
13.
Such other factors which are relevant to the purpose of this chapter.
165.17 CONDITIONS ATTACHED TO VARIANCES. Upon consideration of
the factors listed in Section 165.16, the Zoning Board of Adjustment may attach such
conditions to the granting of variances as it deems necessary to further the purpose of
this chapter. Such conditions may include, but not necessarily be limited to:
1.
Modification of waste disposal and water supply facilities.
2.
Limitation of periods of use and operation.
3.
Imposition of operational controls, sureties, and deed restrictions.
4.
Requirements for construction of channel modifications, dikes, levees, and
other protective measures, provided such are approved by the Department of
Natural
Resources and are deemed the only practical alternative to achieving the purposes of this
chapter.
5.
Flood-proofing measures.
165.18 NONCONFORMING USES.
1.
A structure or the use of a structure or premises which was lawful before the
passage or amendment of this chapter, but which is not in conformity with the provisions
of this chapter, may be continued subject to the following conditions:
A.
If such use is discontinued for six (6) consecutive months, any future use of the
building premises shall conform to this chapter.
B.
Uses or adjuncts thereof that are or become nuisances shall not be entitled to
continue as nonconforming uses.
2.
If any nonconforming use or structure is destroyed by any means, including flood,
it shall not be reconstructed if the cost is more than fifty (50) percent of the market value
of the structure before the damage occurred, except unless it is reconstructed in
conformity with the provisions of this chapter. This limitation does not include the cost
of any alteration to comply with existing State or local health, sanitary, building or safety
codes or regulations or the cost of any alteration of a structure listed on the National
Register of Historic Places, provided that the alteration shall not preclude its continued
designation.
165.19 AMENDMENTS. The regulations and standards set forth in this chapter may
from time to time be amended, supplemented, changed, or repealed. No amendment,
supplement, change, or modification shall be undertaken without prior approval from the
Department of Natural Resources.
CHAPTER 166
CHAPTER RESERVED
(Ordinance No. 07-210)
CHAPTERS 175 - 179
ZONING REGULATIONS
EDITOR’S NOTE
The Zoning Regulations of the City of Bondurant, and amendments thereto, contained in
a separate volume, are a part of this Code of Ordinances and are in full force and effect.
CHAPTER 180
SUBDIVISION REGULATIONS
EDITOR’S NOTE
The Subdivision Regulations of the City of Bondurant, and amendments thereto,
contained in a separate volume, are a part of this Code of Ordinances and are in full force
and effect.
CHAPTER 181
SIGN CODE
EDITOR’S NOTE
The Sign Code of the City of Bondurant, and amendments thereto, contained in a separate
volume, are a part of this Code of Ordinances and are in full force and effect.