cdb45960-6a8a-43… · web view11. "oath" shall be construed to include an affirmative...

1

TITLE I GENERAL PROVISIONS

CHAPTER 1 GENERAL PROVISIONS

1-1-1 Definitions1-1-2 Grammatical Interpretation1-1-3 Prohibited Acts Include

Causing, Permitting1-1-4 Construction1-1-5 Amendment1-1-6 Severability

1-1-1 DEFINITIONS. The following words and phrases whenever used in the ordinances of the city, shall be construed as defined in this section unless, from the context, a different meaning is intended or unless different meaning is specifically defined and more particularly directed to the use of such words or phrases:

1. "City" means the City of Van Horne, Iowa, or the area within the territorial limits of the city, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision;

2. "Clerk" means City Clerk or Deputy Clerk.

3. "Computation of time" means the time within which an act is to be done. It shall be computed by excluding the first day and including the last day; and if the last day is Sunday or a legal holiday, that day shall be excluded;

4. "Council" means the city council of the city. All its members or all councilpersons mean the total number of councilpersons provided by the city charter under the general laws of the state;

5. "County" means the County of Benton, Iowa;

6. "Fiscal Year" means July 1 to June 30.

7. "Law" denotes applicable federal law, the Constitution and statutes of the State of Iowa, the ordinances of the city; and when appropriate, any and all rules and regulations which may be promulgated thereunder;

8. "May" confers a power;

9. "Month" means a calendar month;

10. "Must" states a requirement;

City of Van Horne, 2013 Municipal Code of Ordinances. Adopted: December 9, 2013

2

11. "Oath" shall be construed to include an affirmative or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "affirm" and "affirmed" shall be equivalent to the words "swear" and "sworn";

12. "Or" may be read "and" and "and" may be read "or" if the sense requires it;

13. "Ordinance" means a law of the city; however, an administrative action, order or directive, may be in the form of a resolution;

14. "Owner" applied to a building or land includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or part of such building or land;

15. “Peace Officer” means any officer of the Benton County Sheriff’s Department, Iowa State Patrol, or other individual certified by the Iowa Law Enforcement Academy.

16. "Person" means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them;

17. "Personal property" includes money, goods, chattels, things in action and evidences of debt;

18. "Preceding" and "following" mean next before and next after, respectively;

19. "Property" includes real and personal property;

20. "Real property" includes lands, tenements and hereditaments;

21. "Shall" imposes a duty;

22. “Sheriff’s Department” shall mean the Benton County Sheriff’s Department, including any officer of said department.

23. "Sidewalk" means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians;

24. "State" means the State of Iowa;

25. "Street" includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state;

26. “Tenant" and "occupant" applied to a building or land, includes any person who occupies whole or a part of such building or land, whether alone or with others;

27. "Title of Office". Use of the title of any officer, employee, board or commission means that officer, employee, department, board or commission of the city;


3

28. "Written" includes printed, typewritten, mimeographed or multigraphed;

29. "Year" means a calendar year;

30. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such other as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning;

31. When an act is required by an ordinance the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent.

1-1-2 GRAMMATICAL INTERPRETATION. The following grammatical rules shall apply in the ordinances of the city;

1. Gender. Any gender includes the other gender;

2. Singular and Plural. The singular number includes the plural and the plural includes the singular;

3. Tenses. Words used in the present tense include the past and the future tenses and vice versa;

4. Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the content and approved usage of the language.

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

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

1-1-5 AMENDMENT. All ordinances of the city council passed thereafter shall be in the form of an addition or amendment to the Van Horne Municipal Code of June l995 constituting this municipal code, and shall include proper references to chapter and section to maintain the orderly codification of the ordinances.

1-1-6 SEVERABILITY. If any section, provision or part of the city code is adjudged invalid or unconstitutional, such adjudication will not affect the validity of the city code as a whole or any section provision, or part thereof not adjudged invalid or unconstitutional.


4


CHAPTER 2 RIGHT OF ENTRY

1-2-1 Right of Entry

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


5


CHAPTER 3 PENALTY

1-3-1 General Penalty1-3-2 Civil Penalty - Municipal Infraction

1-3-1 GENERAL PENALTY. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of Van Horne, Iowa is guilty of a misdemeanor. Any person convicted of a misdemeanor under the ordinances of Van Horne, Iowa shall be punished by a fine of not more than two hundred dollars ($200), or by imprisonment not to exceed thirty days.

1-3-2 CIVIL PENALTY - MUNICIPAL INFRACTION.

1. DEFINITIONS.

(a) Municipal Infraction. Except those provisions specifically provided under state law as a felony, an aggravated misdemeanor, or a serious misdemeanor or a simple misdemeanor under Chapters 687 through 747 of the Iowa Code, the doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor by the Code of Ordinances City of Van Horne, or any ordinance or code herein adopted by reference, or omission or failure to perform any act or duty required by the Code of Ordinances City of Van Horne, or any ordinance or code herein adopted by reference, is a "municipal infraction" and is punishable by civil penalty as provided herein.

(b) Officer. The term "officer" shall mean any employee or official authorized to enforce the Code of Ordinances of the City of Van Horne.

(c) Repeat offense. The term "repeat offense" shall mean a recurring violation of the same section of the Code of Ordinances.

2. VIOLATIONS, PENALTIES, AND ALTERNATIVE RELIEF.

(a) A municipal infraction is punishable by a civil penalty as provided in the following schedule, unless a specific schedule of civil penalties is provided for specific offenses elsewhere in this Code.

Schedule of Civil Penalties

First offense--Not more than one hundred dollars ($100.00).

Second Offense--Not more than two hundred dollars ($200.00).

All other repeat offenses--Not more than four hundred dollars ($400.00).

(b) Each day that a violation occurs or is permitted to exist by the violator constitutes a separate offense.


6

(c) Seeking a civil penalty as authorized in this chapter does not preclude the city from seeking alternative relief from the court in the same action.

3. CIVIL CITATIONS.

(a) Any officer authorized by the city to enforce the Code of Ordinances may issue a civil citation to a person who commits a municipal infraction.

(b) The citation may be served by personal service or by certified mail, return receipt requested.

(c) The original of the citation shall be sent to the clerk of the district court.

(d) The citation shall serve as notification that a civil offense has been committed and shall contain the following information:

(1) The name and address of the defendant.

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

(3) The location and time of the infraction.

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

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

(6) The time and place of court appearance.

(7) The penalty for failure to appear in court.


7

TITLE II POLICY AND ADMINISTRATION

CHAPTER 1 CITY CHARTER

2-1-1 Charter2-1-2 Form of Government2-1-3 Powers and Duties2-1-4 Number and Term of City Council2-1-5 Term of Mayor2-3-9 Copies on File

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

2-1-2 FORM OF GOVERNMENT. The form of government of the City of Van Horne, Iowa, is the Mayor-Council form of government.

2-1-3 POWERS AND DUTIES. The city council and mayor and other city officers have such powers and shall perform such duties as are authorized or required by state law and by the ordinances, resolutions, rules and regulations of the City of Van Horne, Iowa.

2-1-4 NUMBER AND TERM OF CITY COUNCIL. The city council consists of five city council members elected at large, elected for terms of four years.

2-1-5 TERM OF MAYOR. The mayor is elected for a term of two years.

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


8


CHAPTER 2 APPOINTMENT AND QUALIFICATIONS OFMUNICIPAL OFFICERS

2-2-1 Creation of Appointive Officers2-2-2 Appointments of Officers2-2-3 Terms of Appointive Officers2-2-4 Vacancies in Offices2-2-5 Bonds Required2-2-6 Surety2-2-7 Blanket Position Bond2-3-9 Bonds Filed

2-2-1 CREATION OF APPOINTIVE OFFICERS. There are hereby created the following appointive officers: attorney and fire chief.

2-2-2 APPOINTMENT OF OFFICERS. The mayor shall appoint the mayor pro tempore.

The City Council shall appoint the fire chief of the volunteer fire department for a term of two (2) years.

All other officers shall be appointed or selected by the city council unless otherwise provided by law or ordinance.

2-2-3 TERMS OF APPOINTIVE OFFICERS. The terms of all appointive officers that are not otherwise fixed by law or ordinance shall be two (2) years.

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

2-2-5 BONDS REQUIRED. Each municipal officer required by law or ordinance to be bonded shall, before entering upon the duties of the office, execute to the city a good and sufficient bond, to be approved by the city council, conditioned on the faithful performance of the duties and the proper handling and accounting for the money and property of the city in the official's charge unless the city council shall have provided for a blanket position surety bond.

Officers shall be bonded in the amount shown.

Mayor: $500.00Clerk: $1,500.00

2-2-6 SURETY. Any association or corporation which makes a business of insuring the fidelity of others and which has authority to do such business within Iowa shall be accepted as surety on any of the bonds.


9

2-2-7 BLANKET POSITION BOND. The city council shall provide for a blanket position bond to cover all officers and employees of the city, but the city council may provide by resolution for a surety bond for any other officer or employee that the city council deems necessary. The city shall pay the premium on any official bond.

2-2-8 BONDS FILED. All bonds when duly executed shall be filed with the clerk, except that the clerk's bond shall be filed with the mayor.


10


CHAPTER 3 POWERS AND DUTIES OF MUNICIPAL OFFICERS

2-3-1 General Duties2-3-2 Books and Records2-3-3 Deposits of Municipal Funds2-3-4 Transfer of Records and Property to Successor2-3-5 Powers and Duties of the Mayor2-3-6 Powers and Duties of the Clerk2-3-7 Powers and Duties of Peace Officers2-3-8 Powers and Duties of the City Attorney2-3-9 Powers and Duties of the City Superintendent2-3-10 Powers and Duties of the Fire Chief

2-3-1 GENERAL DUTIES. Each municipal officer shall exercise the powers and perform the duties prescribed by law and ordinance, or as otherwise directed by the city council unless contrary to state law or city charter.

2-3-2 BOOKS AND RECORDS. All books and records required to be kept by law or ordinance shall be open to inspection by the public upon request except those books and records which by law are confidential.

2-3-3 DEPOSITS OF MUNICIPAL FUNDS. Prior to the fifth day of each month, each office or department shall prepare to deposit all funds collected on behalf of the municipality during the preceding month. The officer responsible for the deposit of funds shall take such funds to the city clerk, together with receipts indicating the sources of the funds.

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

2-3-5 POWERS AND DUTIES OF THE MAYOR. The duties of the mayor shall be as follows:

1. The mayor shall supervise all departments of the city and give direction to department heads concerning the functions of the departments. The mayor shall have the power to examine all functions of the municipal departments, their records, and to call for special reports from department heads at any time.

2. The mayor shall act as presiding officer at all regular and special city council meetings. The mayor pro tem shall serve in this capacity in the mayor's absence.

3. The mayor may sign, veto, or take no action on an ordinance, amendment or resolution passed by the city council. If the mayor vetoes a measure, the mayor must explain in writing the reason for such veto to the city council. The city council may re-pass a measure over the mayor's veto by a two-thirds majority of the city council members, if said action is taken within thirty days of the veto.


11

4. The mayor shall represent the city in all negotiations properly entered into in accordance with law or ordinance. The mayor shall not represent the city where this duty is specifically delegated to another officer by law or ordinance.

5. The mayor shall, whenever authorized by the city council, sign all contracts on behalf of the city.

6. The mayor shall call special meetings of the city council when the mayor deems such meetings necessary to the interests of the city.

7. The mayor shall make such oral or written reports to the city council at the first meeting of every month as referred. These reports shall concern municipal affairs generally, the municipal departments, and recommendations suitable for city council action.

8. Immediately after taking office the mayor shall designate one member of the city council as mayor pro tempore. The mayor pro tempore shall be vice-president of the city council. Except for the limitations otherwise provided herein, the mayor pro tempore shall perform the duties of the mayor in cases of absence or inability of the mayor to perform the duties of the office. In the exercise of the duties of the office the mayor pro tempore shall not have power to employ or discharge from employment officers or employees that the mayor has the power to appoint, employ or discharge. The mayor pro tempore shall have the right to vote as a member of the city council.

9. The mayor shall, upon order of the city council, secure for the city such specialized and professional services not already available to the city. In executing the order of the city council the mayor shall conduct said duties in accordance with the city ordinance and the laws of the State of Iowa.

10. The mayor shall sign all licenses and permits which have been granted by the city council, except those designated by law or ordinance to be issued by another municipal officer.

11. Upon authorization of the city council, the mayor shall revoke permits or licenses granted by the city council when their terms, the ordinances of the city, or the laws of the State of Iowa are violated by holders of said permits or licenses.

12. The mayor shall order to be removed, at public expense, any nuisance for which no person can be found responsible and liable. This order shall be in writing. The order to remove said nuisances shall be carried out by city staff.

13. The Mayor shall upon order of the city council hire and fire employees.

2-3-6 POWERS AND DUTIES OF THE CLERK. The duties of the clerk shall be as follows:

1. The clerk shall attend all regular and special city council meetings and prepare and publish a condensed statement of the proceedings thereof, to include the total expenditure from each city fund. The statement shall further include a list of all claims allowed, a summary of all receipts and the gross amount of the claims.


12

2. The clerk shall record each measure taken by the city council, stating where applicable whether the mayor signed, vetoed, or took no action on the measure and what action the city council made upon the mayor's veto.

3. The clerk shall cause to be published all ordinances and amendments enacted by the city. The clerk shall authenticate all such measures except motions with said clerk's signature, certifying the time and place of publication when required.

4. The clerk shall maintain copies of all effective city ordinances and codes for public use.

5. The clerk shall publish notice of public hearings, elections and other official actions as required by state and city law.

6. The clerk shall certify all measures establishing any zoning district, building lines, or fire limits, and a plat showing each district, lines or limits to the recorder of the county containing the affected parts of the city.

7. The clerk shall be the chief accounting officer of the city.

8. The clerk shall keep separate accounts for every appropriation, department, public improvement or undertaking, and for every public utility owned or operated by the city. Each account shall be kept in the manner required by law.

9. Following city council adoption for the budget, the clerk shall certify the necessary tax levy for the following year to the county auditor and the county board of supervisors.

10. The clerk shall report to the city council monthly the status of each municipal account as of the end of the previous month.

11. The clerk shall balance all funds at the end of each month.

12. The clerk shall prepare the annual public report, publish it, and send a certified copy to the state auditor and other state officers as required by law.

13. The clerk shall maintain all city records as required by law.

14. The clerk shall have custody and be responsible for the safekeeping of all writings or documents in which the municipality is a party in interest unless otherwise specifically directed by law or ordinance.

15. The clerk shall file and preserve all receipts, vouchers, and other documents kept, or that may be required to be kept, necessary to prove the validity of every transaction and the identity of every person having any beneficial relation thereto.

16. The clerk shall furnish upon request to any municipal officer a copy of any record, paper or public document under the clerk's control when it may be necessary to such officer in the discharge of the clerk's duty. The clerk shall furnish a copy to any citizen when requested upon payment of the fee set by city council resolution. The clerk shall, under the direction of the mayor or other authorized officer, affix the


13

seal of the corporation to those public documents or instruments which by ordinance are required to be attested by the affixing of the seal.

17. The clerk shall attend all meetings of committees, boards and commissions of the city as necessary. The clerk shall record and preserve a correct record of the proceedings of such meetings.

18. The clerk shall keep and file all communications and petitions directed to the city council or to the city generally. The clerk shall endorse thereon the action of the city council taken upon matters considered in such communications and petitions.

19. The clerk shall issue all licenses and permits approved by the city council, and keep a record of licenses and permits issued which shall show a date of issuance, license of permit number, official receipt number, name of person to whom issued, term of license or permit, and purpose for which issued.

20. The clerk shall inform all persons appointed by the mayor or city council to offices in the municipal government of their position and the time at which they shall assume the duties of their office.

21. The clerk shall preserve a complete record of every city election, regular or special and perform duties required by law or ordinance of the city clerk in regard to elections.

22. The clerk shall draw all warrants/checks for the city upon the vote of the city council.

23. The clerk shall show on every warrant/check the fund on which it is drawn and the claim to be paid.

24. The clerk shall keep a warrant/check record in a form approved by the city council, showing the number, date, amount, payee's name, upon what fund drawn, and for what claim each warrant/check is issued.

25. The clerk shall bill and collect all charges, rents or fees due the city for utility and other services, and give a receipt therefor.

26. Annually, the clerk shall prepare and submit to the city council an itemized budget of revenues and expenditures.

27. The clerk shall keep the record of each fund separate.

28. The clerk shall keep an accurate record for all money or securities received by the clerk on behalf of the municipality and specify date, from whom, and for what purposes received.

29. The clerk shall prepare a receipt in duplicate for all funds received. The clerk shall give the original to the party delivering the funds, and retain the duplicate.

30. The clerk shall keep a separate account of all money received by the clerk for special assessments.


14

31. The clerk shall, immediately upon receipt of monies to be held in the clerk's custody and belonging to the city, deposit the same in banks selected by the city council in amounts not exceeding monetary limits authorized by the city council.

2-3-7 POWERS AND DUTIES OF PEACE OFFICERS. The city shall contract for law enforcement services from the Benton County Sheriff’s Department. For the purposes of enforcing the ordinances, rules, and regulations of the city, any peace officer from the Benton County Sheriff’s Department, Iowa State Patrol, or other person certified by the Iowa Law Enforcement Academy shall be deemed qualified to enforce the traffic code and other applicable ordinances of the City of Van Horne.

2-3-8 POWERS AND DUTIES OF THE CITY ATTORNEY. The duties of the city attorney shall be as follows:

1. The city attorney shall attend every regular meeting of the city council as requested and attend those special meetings of the city council at which the city attorney is required to be present.

2. The city attorney shall, upon request, formulate drafts for contracts, forms and other writings which may be required for the use of the city.

3. The city attorney shall keep in proper files a record of all official opinions and a docket or register of all actions prosecuted and defended by the city attorney accompanied by all proceedings relating to said actions.

4. The city attorney shall, upon request, give an opinion in writing upon all questions of law relating to municipal matters submitted by the city council, the mayor, members of the city council individually, municipal boards or the head of any municipal department.

5. The city attorney shall prepare those ordinances which the city council may desire and direct to be prepared and report to the city council upon all ordinances before their final passage by the city council and publication.

6. The city attorney shall act as attorney for the city in all matters affecting the city's interest and appear on behalf of the city before any court, tribunal, commission or board. The city attorney shall prosecute or defend all actions and proceedings when so requested by the mayor or city council.

7. The city attorney shall not appear, at city expense, on behalf of any municipal officer or employee before any court or tribunal for the purely private benefit of said officer or employee. The city attorney shall, however, if directed by the city council, appear to defend any municipal officer or employee in any cause of action arising out of or in the course of the performance of the duties of his or her office or employment.

8. The city attorney shall sign the name of the city to all appeal bonds and to all other bonds or papers of any kind that may be essential to the prosecution of any cause in court, and when so signed the city shall be bound upon the same.


15

9. The city attorney, when requested, shall make a written report to the city council and interested department heads of the defects in all contracts, documents, authorized power of any city officer, and ordinances submitted to said city attorney or coming under said city attorney's notice.

10. The city attorney shall, upon request, after due examination, offer a written opinion on and recommend alterations pertaining to contracts involving the city before they become binding upon the city or are published.

2-3-9 POWERS AND DUTIES OF THE CITY SUPERINTENDENT. The duties of the city superintendent shall be as follows:

1. The superintendent shall be responsible for the management, operation and maintenance of all municipal utilities.

2. The superintendent shall keep all other records ordered to be kept by the mayor in addition to those provided for by law or ordinance.

3. The superintendent shall make a report every month to the mayor and city council on the present state of the public utilities. In this report shall be specifically stated the financial condition, production and the general condition of the entire utilities enterprise. The superintendent shall, as requested, compile (or cause to be compiled) a written report of the activities and general condition of the public utilities of the city. This report shall contain a statement of the general progress and accomplishments of the plants and systems for the year covered in the report; a statement of financial operations for the year showing revenues, expenditures, and profits or losses; a summary of the history of the financial operations of the plant for the past five (5) years showing total revenue, cost of operations, depreciation, interest on bonds and net profits; a statement of free services rendered to the municipality during the year and their estimated cash value; a statement of the rate schedules that are presently in effect; and a balance sheet with a statement of all assets, liabilities and reserves.

4. The city superintendent shall supervise the installation of all storm sewers in the city in accordance with the regulations of the department of public works pertaining to the installation of storm sewers.

5. The city superintendent shall supervise the maintenance and repair the sidewalks, alleys, bridges and streets and keep them in a reasonably safe condition for travelers. The city superintendent shall immediately investigate all complaints of the existence of dangerous or impassable conditions of any sidewalk, street, alley, bridge, underpass or overpass, and is charged with the duty of correcting unsafe defects in them.

6. The city superintendent shall, whenever snow or ice imperil travel upon streets and alleys, be in charge of removing said snow and ice from the streets and alleys in the city and shall do whatever else is necessary and reasonable to make travel upon streets and alleys of the city safe.

7. The city superintendent shall assist the city council with the compilation and maintenance of written records of the purchases, accomplishments, disposition of equipment and manpower, an up-to-date inventory, and activities contemplated by the street department. The city superintendent shall make oral reports of the activities of the department to the mayor as requested.


16

8. The city superintendent shall perform all other duties of a public works nature which are not specifically assigned to other municipal officials or employees.

2-3-11 POWERS AND DUTIES OF THE FIRE CHIEF. The duties of the fire chief shall be as follows:

1. The fire chief shall be charged with the duty of maintaining the efficiency, discipline and control of the fire department. The members of the fire department shall, at all times, be subject to the direction of the fire chief.

2. The fire chief shall enforce all rules and regulations established by the city council for the conduct of the affairs of the fire department.

3. The fire chief shall have authority over the disposition of all fire apparatus, tools, equipment and other property used by or belonging to the fire department, with the approval of the council.

4. The fire chief shall cause to be kept records of the fire department personnel, operating cost and efficiency of each element of firefighting equipment, depreciation of all equipment and apparatus, the number of responses to alarms, their cause and location, and an analysis of losses by value, type and location of buildings.

5. The fire chief shall, as requested make reports to the mayor and city council concerning the general status and efficiency of the fire department, the number of alarms answered during the month previous, and additional information that may be requested by the mayor or the city council. The fire chief shall, as requested compile a report based upon the records maintained by the fire department and summarizing the activities of the fire department for the year. This report shall be filed with the council. The report shall also contain recommendations for the improvement of the department.

6. The fire chief shall enforce all ordinances and, where enacted, state laws regulating the following:

(a) Fire prevention.

(b) Maintenance and use of fire escapes.

(c) The investigation of the cause, origin and circumstances of fires.

(d) The means and adequacy of exits in case of fire from halls, theaters, churches, hospitals, asylums, lodging houses, schools, factories and all other buildings in which the public congregates for any purpose.

(e) The installation and maintenance of private fire alarm systems and fire extinguishing equipment.

7. The fire chief shall have the right of entry into any building or premises within the fire chief's jurisdiction at a reasonable time and after reasonable notice to the occupant or owner. The fire chief shall there conduct such investigation or inspection that the fire chief considers necessary in light of state law, regulations or ordinance.


17

8. The fire chief shall make such recommendations to owners, occupants, caretakers or managers of buildings necessary to eliminate fire hazards.

9. The fire chief shall, at the request of the state fire marshal, and as provided by law, aid said marshal in the performance of the marshal's duties by investigating, preventing and reporting data pertaining to fires.


18


CHAPTER 4 SALARIES OF MUNICIPAL OFFICERS

2-4-1 Council Member2-4-2 Mayor2-4-3 Other Officers

2-4-1 COUNCIL MEMBER. The salaries of each city council member shall be $35.00 for each meeting of the city council.

2-4-2 MAYOR. The mayor shall receive an annual salary of $1,800.00 to be paid in equal monthly installments.

2-4-3 OTHER OFFICERS. The compensation of all other officers and employees shall be set by resolution of city council.


19


CHAPTER 5 CITY FINANCE

2-5-1 Budget Adoption2-5-2 Budget Amendment2-5-3 Budget Protest2-5-4 Accounts and Programs2-5-5 Annual Report2-5-6 Council Transfers2-5-7 Administrative Transfers2-5-8 Budget Officer2-5-9 Expenditures2-5-10 Authorizations to Expend2-5-11 Accounting2-5-12 Budget Accounts2-5-13 Contingency Accounts2-5-14 Investment Policy

2-5-1 BUDGET ADOPTION. Annually, the city shall prepare and adopt a budget, and shall certify taxes as follows:

1. A budget shall be prepared for at least the following fiscal year. When required by rules of the state city finance committee, a tentative budget shall be prepared for one or two ensuing years. The proposed budget shall show estimates of the following:

(a) Expenditures for each program.

(b) Income from sources other than property taxation.

(c) Amount to be raised by property taxation, and the property tax rate expressed in dollars per one thousand dollars valuation.

The budget shall show comparisons between the estimated expenditures in each program in the following year and the actual expenditures in each program during the two preceding years. Wherever practicable, as provided in rules of the state city finance committee, a budget shall show comparisons between the levels of service provided by each program as estimated for the following year, and actual levels of service provided by each program during the two preceding years.

2. Not less than twenty days before the date that the budget must be certified to the county auditor, the clerk shall provide a sufficient number of copies of the budget to meet reasonable demands of taxpayers, and have them available for distribution at the offices of the mayor and clerk and at the city library, if any, or at three places designated by ordinance for posting notices.


20

3. The city council shall set a time and place for public hearing on the budget before the final certification date and shall publish notice before the hearing as provided in Iowa law. Proof of publication shall be filed with the county auditor.

4. At the hearing, any resident or taxpayer of the city may present to the city council objections to any part of the budget for the following fiscal year or arguments in favor of any part of the budget.

5. After the hearing, the city council shall adopt a budget for at least the following fiscal year, and the clerk shall certify the necessary tax levy for the following year to the county auditor and the county board of supervisors. The tax levy certified may be less than but not more than the amount estimated in the proposed budget, unless an additional tax levy is approved at a city election. Two copies of the complete budget as adopted shall be transmitted to the county auditor.

2-5-2 BUDGET AMENDMENT. The city budget as finally adopted for the following fiscal year becomes effective July first and constitutes the city appropriation for each program and purpose specified therein until amended. The city budget for the current fiscal year may be amended for any of the following purposes:

1. To permit the appropriation and expenditures of unexpended, unencumbered cash balances on hand at the end of the preceding fiscal year which had not been anticipated in the budget.

2. To permit the appropriation and expenditure of amounts anticipated to be available from sources other than property taxation, and which had not been anticipated in the budget.

3. To permit transfers from the debt service fund, the capital improvements reserve fund, the emergency fund, or other funds established by state law, to any other city fund, unless specifically prohibited by state law.

4. To permit transfers between programs within the general fund.

The budget amendment shall be prepared and adopted in the same manner as the original budget, and is subject to protest as provided in section 2-5-3 of this chapter, except that the committee may by rule provide that amendments of certain types or up to certain amounts may be made without public hearing and without being subject to protest.

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

2-5-4 ACCOUNTS AND PROGRAMS. The city shall keep separate accounts corresponding to the programs and items in its adopted or amended budget, as recommended by the state city finance committee.

The city shall keep accounts which show an accurate and detailed statement of all public funds collected, received, or expended for any city purpose, by any city officer, employee, or other person, and which show


21

the receipt, use, and disposition of all city property. Public monies may not be expended or encumbered except under an annual or continuing appropriation.

2-5-5 ANNUAL REPORT. Not later than December first of each year the city shall publish an annual report containing a summary for the preceding fiscal year of all collections and receipts, all accounts due the city, and all expenditures, the current public debt of the city, and the legal debt limit of the city for the current fiscal year. A copy of this report shall be furnished to the auditor of state.

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

2-5-7 ADMINISTRATIVE TRANSFERS. The city clerk shall have power to make transfers within a single activity between objects of expenditures within activities without prior city council approval.

The city clerk shall have the power to make transfers between activities, or between sub-programs without prior city council approval to meet expenditures which exceed estimates or are unforeseen but necessary to carry out city council directives or to maintain a necessary service and provide the required appropriation balance. However, when a given transfer, considering all previous transfers to or from any activity to exceed by ten percent greater or ten percent less than the original appropriation, it shall be presented to the city council as a resolution including all such administrative transfers to date in the fiscal year for consideration and passage as presented, or as amended by the city council.

2-5-8 BUDGET OFFICER. The city clerk shall be the city budget officer and is responsible for preparing the budget data in cooperation with the city council or mayor. The city clerk shall be responsible for carrying out the authorizations and plans in the budget as set forth in the budget, subject to city council control and the limitations set out in this ordinance.

2-5-9 EXPENDITURES. No expenditure shall be authorized by any city officer or employee except as herein provided. All purchases of services, supplies and equipment shall be made only after issuance of a purchase order and no invoice shall be accepted unless authorized by such an order. Purchases not exceeding one hundred dollars ($100.00) may be made by the city clerk, purchases not exceeding one hundred dollars ($100.00) may be made by the city superintendent, and purchases not exceeding one thousand dollars ($1000.00) may be made by the mayor but only on issuance of a spot purchase order in writing signed by the authorized officer. A copy of such spot purchase order must be delivered to the clerk within twenty-four (24) hours, weekends, and holidays excepted. All other purchases shall be valid only if a


22

purchase order has been given in writing and signed by the clerk. Purchases from petty cash shall be excepted.

2-5-10 AUTHORIZATIONS TO EXPEND. All purchase orders other than those excepted herein shall be authorized by the city budget officer after determining whether the purchase, if a major item, has been authorized by the budget or other city council approval. The clerk shall then determine whether a purchase order may be issued by checking the availability of an appropriation sufficient to pay for such a purchase. A purchase order may be issued only if there is an appropriation sufficient for the purchase and for other anticipated or budgeted purposes. If no adequate appropriation is available for the expenditure contemplated the clerk shall not issue a purchase order until a budget amendment to transfer of appropriation is made in accordance with power delegated by city council and within the limits set by law and the city council. The clerk shall draw a warrant/check only upon an invoice received, or progress billing for a public improvement, supported by a purchase order and a signed receipt or other certification indicating the material have been delivered of the quality and in the quantities indicated or the services have been performed satisfactorily to the extent invoiced.

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

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

2-5-13 CONTINGENCY ACCOUNTS. Whenever the city council shall have budgeted for a contingency account the clerk shall set up in the accounting records but the clerk shall not charge any claim to a contingency account. Said contingency accounts may be drawn upon only by city council resolution directing a transfer to a specific purpose account within its fund and then only upon compelling evidence of an unexpected and unforeseeable need or emergency.

All administrative transfers shall be reported in writing at the next regular meeting of the city council after being made and the fact set out in the minutes for the information of the mayor and city council.

2-5-14 INVESTMENT POLICY. City funds in excess of current needs shall be invested in compliance with this policy. The goals of the city investment program in order of priority are:

1. To provide safety of the principal;

2. Maintain the necessary liquidity to match expected liabilities; and


23

3. To obtain a reasonable rate of return.

A. In making investments, the city shall exercise the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use to meet the goals of the investment program.

B. City funds are monies of the city, including operating funds. “Operating funds” of the city are funds which are reasonably expected to be used during a current budget year or within fifteen (15) months of receipt. When investing operating funds, the investment must mature within three hundred ninety-seven (397) days or less. When investing funds other than operating funds, the investments must mature according to the need for money.

C. The council authorizes the city clerk or designee, to invest funds in excess of current needs in the following investments:

1. Interest bearing savings, money market, and checking accounts at the city’s authorized depositories;

2. Obligations of the United States government, its agencies, and instrumentalities; and

3. Certificates of deposit and other evidences of deposit at federally insured Iowa depository institutions.

D. It shall be the responsibility of the city clerk to oversee the investment program in compliance with this policy.

E. It shall be the responsibility of the city clerk to bring any contract with an outside person to invest city funds, to advise on investments, to direct investments, to act in a fiduciary capacity, or to perform other services to the council for review and approval. The city clerk shall also provide the council with information about the verification of the outside person to notify the city council within thirty (30) days of any material weakness in internal structure or regulatory orders or sanctions against the outside person regarding the services being provided to the city and to provide the documents necessary for the performance of the investment portion of the city audit. The compensation of the outside persons shall not be based on the performance of the investment portfolio.

F. The city clerk shall be responsible for reporting to and reviewing with the council, at its regular meetings, the investment portfolio’s performance, transaction activity, and current investments including the percent of the investment portfolio by type of investment and by issuer and maturity. The report shall also include trend lines by month over the last year and year-to-year trend lines regarding the performance of the investment portfolio. It shall be the responsibility of the city clerk to obtain the information necessary to ensure that the investments and the outside person doing business with the city meet the requirements of this policy.

G. It shall be the responsibility of the mayor to deliver a copy of this policy to the city’s depositories, auditor, and outside persons doing business with the city.


24

H. It shall be the responsibility of the mayor, in conjunction with the city clerk, to develop a system of investment practices and internal controls over the investment practices. The investment practices shall be designed to prevent loss, to document the officers and employees responsibility for elements of the investment process, and address the capability of the management.

[Sections 11.2, .6; 12.62; 22.1, .13; 28E.2; 257; 27.29; 283A; 285; 452.10; 453; 502.701; 633.123, Code of Iowa, 1993.]


25


CHAPTER 6 GIFTS FOR PUBLIC OFFICIALS

2-6-1 Code Adopted by Reference

2-6-1 CODE ADOPTED BY REFERENCE. The City of Van Horne hereby adopts Chapter 68B, Code of Iowa, 2013 by reference.


26

TITLE III COMMUNITY PROTECTION

CHAPTER 1 OFFENSES

3-1-1 Violations of Chapter3-1-2 Public Peace3-1-3 Public Morals3-1-4 Minors3-1-5 Animals3-1-6 Streets3-1-7 Public Safety and Health3-1-8 Public Property

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

3-1-2 PUBLIC PEACE. It shall be unlawful for any person to do any of the following:

1. Engage in fighting or violent behavior or invite or defy another person to fight, provided that participants in athletic contests may engage in such conduct which is reasonably related to that sport.

2. Make unusually loud or excessive noise which results in the disturbance of the peace and the public quiet of a neighborhood.

3. Willfully permit upon any premises owned, occupied, possessed or controlled by such person any unusually loud or excessive noise in such a manner calculated to provoke a breach of the peace of others, or the public quiet of the neighborhood.

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

5. Without lawful authority or order of authority, disturb any lawful assembly or meeting of persons by conduct intended to disrupt the meeting or assembly.

6. Without authority, obstruct any street, sidewalk, highway or other public way.

7. Without authority, solicit contributions, distribute literature, or otherwise peddle or sell goods and services within the traveled portion of any roadway.

3-1-3 PUBLIC MORALS

1. Indecent exposure. It shall be unlawful for any person to expose such person's genitals, pubes, female nipples, or buttocks to another or to urinate or defecate in the presence of or in view of another, if the person knows or reasonably should know that such behavior would be offensive to a reasonable person.


27

2. Consumption in public places - intoxication. No person shall use or consume any alcoholic liquors upon the public streets or highways, or in any public place, except premises covered by a liquor control license, or be intoxicated or simulate intoxication in a public place.

3-1-4 MINORS

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

3-1-5 ANIMALS

1. DEFINITIONS. Terms used in this chapter shall have the following meanings:

Adequate protection from the elements: A protected area, in addition to a doghouse or similar structure, that provides shade from the sun and protection from wind, rain, snow and extremes of hot and cold.

Adequate shelter: A doghouse or similar structure for each animal chained, tethered, penned or otherwise restrained or confined outdoors, that is appropriate for the animal’s condition, age, size and species and is clean, dry and has sides, floor and top that do not leak air or water with a cover over the doorway that keeps rain and snow out of the doghouse or structure and allows the animal unlimited access to and egress from the doghouse or structure. A carrier is not an adequate shelter.

Animal: A living creature, not human, and being either domestic or wild.

Animal Control Officer: An employee of animal control designated to enforce laws pertaining to animals.

Animal Control Program Supervisor: Primary person responsible for the care and humane treatment of animals at the Shelter.

Animal control shelter: Any premises designated by the City Council for the humane care of all impounded animals.

Animal display: Any exhibition, act, fair, circus, rodeo, public show, trade show, photographic opportunity, carnival ride, parade, race, performance, or similar undertaking in which animals are required to perform tricks, fight, wrestle or participate in performances for the amusement or entertainment of an audience, whether or not a fee is charged. Display shall not include the use or exhibition of animals for animal-related educational purposes by nonprofit groups.

At large: Off the premises of the owner, unless:


28

(1) The animal is on a leash, chain, or similar restraint not more than 6 feet in length and under the control of the owner or walker;

(2) The animal is within a motor vehicle;(3) The animal is housed within a veterinary hospital, licensed kennel, pet shop or animal shelter;(4) The animal is trained and used by a government agency and accompanied by the appropriate

government agency handler.

Cat: Any member of the feline species.

Dangerous animal: For purposes of this chapter, all animals whether actually vicious or not, defined as follows:

(1) Felids (cats), except domesticated cats;(2) Ursids (bears);(3) Crocodilians (such as alligators and crocodiles);(4) All venomous and constricting snakes.(5) Pit Bulls

Dog: Any member of the canine species.

Educational purposes: Teaching and instructing with the intent and effect of imparting knowledge to others.

Housing: Any location where an animal is normally kept.

In heat: A female animal during the active state of estrus.

Licensed kennel cat and/or dog: Cats and/or dogs kept or raised in a state or federal licensed kennel solely for the purpose of show, breeding or sale and kept under constant restraint.

Livestock: For purposes of this chapter livestock is defined as fowl, swine, bees, sheep, goats, llamas, horses and cattle.

Owner: Any person who owns, keeps, harbors or knowingly permits an animal to remain on or about any premises owned or occupied by that person.

Person: Any individual, association, corporation, partnership, organization or institution commonly recognized by law as a unit.

Pet shop: Any business established for the purpose of buying, selling, or boarding of animals, excepting kennels.

Pit Bull: Any dog of the breed known variously as American pit bull terrier, American Stafford terrier or pit bull terrier, or any dog of mixed breed which contains a strain of such breed known variously as American pit bull terrier, American Staffordshire terrier or pit bull terrier, which is identifiable as such by a qualified veterinarian duly licensed in the State of Iowa.


29

Premises: A tract of land including the buildings thereon.

Residence: The place where a person or persons live.

Service animal: Any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.

Vicious animal: A vicious animal is one which inflicts a bite or bites upon and/or attacks human beings or domesticated animals without cause or justification.

Walker: Any person responsible for having control over an animal when it is off the premises of its owner.

Wild or exotic animals: Any or all of the following animals, whether bred in the wild or in captivity, and also any or all of their hybrids with domestic species. The words in parentheses are intended to act as examples only and are not to be construed as being an exhaustive list or to otherwise limit the generality of each group of animals:

(1) Nonhuman primates and prosimians (such as chimpanzees, monkeys);(2) Felids, except domesticated cats;(3) Canids, including wolf hybrids and except domesticated dogs;(4) Ursids (bears);(5) Elephants;(6) Marine mammals (such as whales, seals, sea lions, dolphins and otters);(7) Crocodilians (such as alligators and crocodiles);(8) Marsupials (such as kangaroos and opossums);(9) Ungulates (such as hippopotamus, rhinoceros, giraffe, camel, zebra, deer);(10) Hyenas;(11) Mustelids (such as skunks, weasels, otters and badgers); (12) Procyonids (such as raccoons and coatis);(13) Edentates (such as anteaters, sloth and armadillos);(14) Viverrids (such as mongooses, civets and genets).

Wildlife rehabilitation permit: A permit which authorizes the holder to take and temporarily possess injured or orphaned state-protected species of birds, mammals, amphibians or reptiles with the intent to return the animal to its natural habitat as soon as possible.

Wildlife Rehabilitator: A person possessing an Iowa DNR Rehabilitators Permit and operating within the corporate limits of the City of Van Horne, Iowa.

2. RABIES VACCINATION and CERTIFICATES AND TAGS.

(a) It shall be unlawful for any person to own a cat or dog over 6 months of age which has not been currently vaccinated against rabies in accordance with the Compendium of Animals Rabies Control as compiled by the National Association of State Public Health Veterinarians, Inc.

(b) The following shall be exempt from the provisions of subsection (a) of this section:


30

Any animal for whom a veterinarian has provided an exemption statement that a rabies vaccination would be detrimental to the animal’s health.

(c) Every cat or dog over 6 months of age shall wear a collar with a valid rabies vaccination tag attached to the collar when outside the owner’s residence. The owner shall display the rabies vaccination tag and certificate, or veterinarian’s exemption statement, to City Official or Peace Officer upon demand.

3. VETERINARIAN REQUIREMENTS. The veterinarian shall, upon request from an employee of City of Van Horne, supply the employee with the name, address and telephone number of the owner and current rabies information of any cat or dog which the veterinarian has vaccinated for rabies.

4. LICENSING OF DOGS AND CATS.

(a) Licensing Required Fee. The owners of all cats and all dogs within the corporate limits of the City (except dogs and cats under the age of six months and guide dogs for blind persons) are hereby required to obtain a dog or cat license annually. The cost of said license shall be ten dollars ($10.00) for every dog and cat. The license fee shall be due January 1 each year. A penalty of fifteen dollars ($15.00) per month or any part thereof shall be assessed for failure to pay license fee after March 1st.

(b) License tags. The Clerk shall provide each year numbered tags which shall be issued to the owner upon payment of the license fee herein provided, and the Clerk shall maintain a record of all tags issued, the owner of the cat or dog, the owner’s address, the owner phone number, breed of animal, sex of animal, age of animal, description of animal and the license tag number. The license tag issued by the Clerk shall be securely fastened to the collar or harness of the dog or cat for which issued.

(c) Rabies vaccination; condition for license. No dog or cat license shall be issued until the purchaser thereof presents to the Clerk a certificate of vaccination for rabies, duly signed by a licensed veterinarian, and which certificate shows that it does not expire within six months of the effective date of the issuance of the dog or cat license.

(d) Unlicensed dogs and cats. It is unlawful for any person within the City to own or possess a dog or cat that has not been licensed as provided in this chapter.

5. DUTY OF OWNER.

(a) The owner shall attach a yearly identification tag to their cat or dog’s collar which contains the city ID information.

(b) It shall be unlawful for an animal to run at large.

(c) It shall be unlawful for the owner of an animal or person having an animal in their possession, care, custody or control to allow or permit said animal to create a disturbance by engaging in frequent and/or habitual howling, yelping, barking or other vocalizations when such disturbance interferes with the comfortable enjoyment of life or property of another.


31

(d) It shall be unlawful to harbor or maintain animals in such a condition as to create unhealthful or unsanitary conditions for humans or animals occupying the premises. If such conditions exist, a city official is authorized to make an investigation. After notice and meeting with the person or persons occupying or maintaining the residence or premises, or the persons harboring or maintaining the animals, the City Official may recommend animals be removed from the residence or premises to remedy or correct the conditions. Upon failure of the person or persons to remedy the conditions, appropriate action may be pursued in the courts to enforce the recommendations of the City Official and/or correct the conditions.

(e) State and federal licensed kennels are not exempt from this chapter.

6. IMPOUNDMENT OF ANIMALS. A City or County Official may apprehend any animal running at large. Upon impoundment Benton County Shelter Procedures shall be followed.

7. HARASSMENT OF ANIMALS PROHIBITED. It shall be unlawful for a person to tease, torment, agitate or attack any animal.

8. SEIZURE, IMPOUNDMENT, AND DISPOSITION OF DANGEROUS OR VICIOUS ANIMALS AND ANIMALS RUNNING AT LARGE.

(a) In the event that a dangerous animal or vicious animal is found at large and unattended upon public property, park property, public right-of-way, or the property of someone other than its owner, thereby creating a hazard to person or property, such animal may, at the discretion of the mayor or sheriff’s department, be destroyed if it cannot be confined or captured. The City shall be under no duty to attempt confinement or capture of a dangerous or vicious animal found at large, nor shall it have a duty to notify the owner of such animal prior to its destruction.

(b) Upon the complaint of any individual that a person is keeping, sheltering, or harboring a dangerous animal or vicious animal on the premises in the city and in a manner contrary to the provisions of the ordinance, the mayor and sheriff’s department shall cause the matter to be investigated, and if after investigation, the facts indicate that the person named is harboring a dangerous or vicious animal in the city in a manner contrary to the provisions of this ordinance, the officer shall remove such animal from the city, permanently place the animal with an organization or group allowed to possess dangerous or vicious animals or destroy the animal, within three days of the receipt of such an order. Such order shall be contained in a notice to remove the dangerous or vicious animal. The notice shall be given in writing to the person keeping, sheltering or harboring the dangerous or vicious animal, and shall be served personally or by certified mail. Such order and notice to remove the animal shall not be required where such animal has previously caused serious physical harm or death to any person in which case the officer shall cause the animal to be immediately seized and impounded or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person.

(c) The order to remove a dangerous or vicious animal issued by the officer may be appealed to the City Council. In order to appeal such an order, written notice of appeal must be filed with the city clerk within two days after the receipt of the order contained in the notice to remove the dangerous or vicious animal. Failure to file such a written notice of appeal shall constitute a waiver of right to appeal the order of the sheriff’s department.


32

(d) Animals defined in this chapter as running at large upon public property, park property, public right-of-way, or the property of someone other than its owner, thereby creating a hazard to person or property, such animal may, at the discretion of the mayor, city council or city clerk, be impounded or ordered permanently removed from the City.

9. UNHEALTHFUL OR UNSANITARY CONDITIONS AND OTHER REGULATIONS.

(a) An owner shall maintain all structures, pens, coops, kennels or yards wherein animals are confined in a clean and sanitary condition, devoid of vermin, and free of odors arising from feces and urine.

(b) The owner or walker of any animal shall remove any feces discharged by the animal upon any public or private property.

(c) An owner may, collect the feces and turn it under the surface of the owner’s soil in any manner that prevents odor or collection of vermin.

10. RESTRAINT AND CONFINEMENT OF ANIMALS.

(a) An owner shall confine animals in such a manner as to avoid injury to the animals or to others and to ensure access to adequate fresh food, adequate potable water, adequate shelter and adequate protection from the elements.

(b) An owner using a fenced yard or electronic fence to confine an animal must ensure the fence is of sufficient height, condition and security and electronically fenced animals must have a properly working collar and be properly trained to prevent escape or removal of the animal.

(c) An owner using an enclosure to confine an animal must:

1. Use a secure enclosure constructed of chain link or similar material with all 4 sides enclosed;

2. Use an enclosure of sufficient height to prevent the animal from escaping from such enclosure and cover the enclosure with adequate materials to provide the animal with shade and protection from the elements;

3. Ensure the width of the enclosure is at least twice the length of the animal and the length of the enclosure is at least 4 times the length of the animal, as measured from the tip of its nose to the base of its tail. The area of the enclosure shall be 50 percent larger for each additional animal, using the length of the largest animal as the base measurement. Size requirements do not include space taken by a doghouse, shelter or similar structure whether inside or outside the enclosure.

(d) An owner may use a chain or tether to restrain an animal, only on the owner’s property and only under the following conditions:

1. No animal shall be restrained by a chain or tether for more than 8 hours in a 24 hour period;


33

2. The chain or tether must be at least 10 feet in length.

3. The chain or tether must be attached to a properly fitting collar or harness worn by the animal.

4. Chaining or tethering must be done in a manner to permit the animalto consume adequate fresh food and adequate potable water.

5. The chained or tethered animal cannot leave the property of the owner.

(a) No person shall chain, tether, or otherwise tie or fasten an animal in a way that permits the animal to pass onto, over, or across any public sidewalk, street, alley or private property other than the owners.

11. DISPOSING OF, GIVING AWAY OR SELLING ANIMALS. It shall be unlawful to give as a prize any live animal, bird or fish.

12. VICIOUS ANIMALS AND DANGEROUS ANIMALS. No person shall own, keep or harbor a vicious or dangerous animal within the city.

13. LIVESTOCK. No person shall own, keep or harbor livestock within the City limits.

14. WILD OR EXOTIC ANIMALS. No person shall own, keep or harbor wild or exotic animals within the City limits.

15. REPORT OF BITES. Anyone having knowledge of a person being bitten by or receiving a skin abrasion from an animal within the city shall promptly report such fact to a Van Horne City official.

16. DESTRUCTION OF ANIMALS AT LARGE. It shall be lawful for a Van Horne City Official or Sworn Police Officer to humanely destroy any animal found at large which cannot be captured following reasonable attempts at capture or notification of owner if known.

17. CRUELTY TO ANIMALS. It shall be unlawful to torture, torment, mutilate, cruelly beat, or cruelly kill any animal or unnecessarily fail to provide the same with proper food, shelter, protection from the weather, or drive or work the same when unfit for labor, or cruelly abandon the same or case the same to be cruelly carried on any vehicle or otherwise; or commit any other act or omission by which unjustifiable pain, distress, suffering or death is caused or permitted to any animal or animals, whether the acts or omissions herein contemplated are committed either maliciously, willfully, or negligently.

18. TRAPPING. It shall be unlawful to trap or attempt to trap any animal with other than a humane, live trap in the city limits except by an authorized government agency.

19. CITATIONS FOR VIOLATIONS.

(a) City and County Officials are authorized to issue and deliver citations to persons accused of violating any of the provisions of this chapter.


34

Any person delivered such citation alleging an offense under this chapter may either appear on it or forward to the office of the Clerk of the Benton County District Court such fine and costs as may be scheduled and shown on the citation, which shall satisfy the obligations of the person charged. In the event of nonscheduled violations, the person must appear before the court for appropriate proceedings.

(b) Fines and costs shall follow Municipal schedule as per City Ordinance.

20. COURT PENALTY. For all persons who (1) elect not to pay the scheduled fines above set forth, or (2) otherwise fail to appear before the appearance date, and (3) for all other offenses not hereinbefore identified as scheduled offenses; shall constitute a simple misdemeanor, and upon conviction a person shall be subject to a fine of up to $500.00, imprisonment for up to 30 days, as the court in its discretion may determine. Each day a violation occurs shall constitute a separate offense.

3-1-6 STREETS

1. Removal of safeguards or danger signals. No person shall willfully remove, tear down, destroy or carry away from any highway, street, alley, avenue or bridge any lamp, obstruction, guard or other article or things, or extinguish any lamp or other light, erected or placed thereupon for the purpose of guarding or enclosing unsafe or dangerous places in said highway, street, alley, avenue or bridge without the consent of the person in control thereof.

2. Obstructing or defacing streets. No person shall obstruct, deface, or injure any public road in any manner by breaking up, plowing or digging within the boundary lines thereof, without permission from the mayor.

3. Allowing water, snow, ice and accumulations on sidewalk. It shall be the duty of the owner to keep sidewalks abutting the owner's property clear of the natural accumulations of snow or ice. If the owner fails to do so within twenty four (24) hours after deposit of accumulation, the Mayor may have the natural accumulations of snow or ice removed without notice to the property owner. The Mayor shall give the Council an itemized and verified statement of the removal costs and a legal description of the property at the next regular Council meeting. The costs shall be reviewed by the Council, and if found correct, shall be assessed against the property as taxes. The City Clerk shall be directed to certify the costs to the County Auditor for collection as provided in Section 364.12 of the Code of Iowa.

4. Removal of hydrant caps, sewer caps or manhole covers. No person shall remove or carry away hydrant caps, sewer caps or manhole covers without the consent of the person in control thereof.

3-1-7 PUBLIC SAFETY AND HEALTH.

1. Putting glass, etc., on streets and sidewalks. No person shall throw or deposit on any street or sidewalk any glass bottle, glass, nails, tacks, wire, cans, trash, garbage, rubbish, litter, offal, or any other debris, or any other substance likely to injure any person, animal or vehicle.

2. Carrying a concealed weapon. It shall be unlawful for any person to carry under such person's clothes or concealed about their person or to be found in possession of any slingshot, knuckles of metal or other material, air gun or any other weapon other than a pocket knife and a legally permitted hand gun.


35

3. False alarms. No person shall give or cause to be given any false alarm of a fire, nor set fire to any combustible material, or cry or sound an alarm or by any other means without cause.

4. Stench bombs. No person shall throw, drop, pour, explode, deposit, release, discharge or expose any stench bomb or tear bomb, or any liquid, gaseous or solid substance or matter of any kind that is injurious to persons or property, or that is nauseous, sickening, irritating or offensive to any of the senses in, on or about a theater, restaurant, car, structure, place of business, or amusement, or any place of public assemblage, or attempt to do any of these acts, or prepare or possess such devices or materials with intent to do any of these acts. This provision shall not apply to duly constituted law enforcement officers, military authorities, or peace officers in the discharge of their duties, or to licensed physicians, nurses, pharmacists and other similar persons licensed under the laws of this state; nor to any established place of business or home having tear gas installed as a protection against burglary, robbery or holdup, nor to any bank or other messenger carrying funds or other valuables.

5. Discharging firearms and fireworks.

(a) No person, firm, or corporation shall discharge or fire any cannon, gun, bomb, pistol, air gun, or other firearms or set off or burn firecrackers, torpedoes, sky rockets, roman candles, or other fireworks of like construction or any fireworks containing any explosive or inflammable compound, or other device containing any explosive.

(b) The fire chief may upon application in writing, grant a permit for the display and use of fireworks by any organization or groups of individuals when such fireworks display will be handled by a competent operator.

(c) The city council may, upon application in writing, grant a permit for the operation of a firing range in which the discharge of firearms for training, recreational or competitive events would be allowed upon showing that the range would be under the direction of a competent organization, group or individual.

(d) In the interest of public health and safety and at such times as approved by the city, peace officers or their designee may use firearms to control rodent or animal problems when it is evident that conventional control methods have not resolved the problem.

(e) Nothing herein shall be construed to prohibit the use of blank cartridges for a show or the theater, or for signal purposes in athletic sports or by railroads, or trucks, for signal purposes, or by a recognized military organization and provided further that nothing in this section shall apply to any substance or composition prepared and used for medicinal or fumigation purposes.

6. Abandoned refrigerators. No person shall place, or allow to be placed, any discarded, abandoned, unattended or unused refrigerator, ice box or similar container equipped with an air-tight door or lid, snap lock, or other locking device which cannot be released from the inside, in a location accessible to children, outside any building, dwelling, or within an unoccupied or abandoned building or dwelling, or other structure, under such person's control without first removing the door, lid, snap lock, or other locking device from said icebox, refrigerator or similar container. This provision applies equally to the owner of any such refrigerator, icebox or similar container, and to the owner or occupant of the premises where the hazard is permitted to remain.


36

7. Impersonating an officer. No person shall falsely represent themself or falsely assume to be any law enforcement officer, judge or magistrate. It shall be unlawful to wear or adopt the uniform or insignia of any law enforcement officer on any street or public place.

8. Resisting execution of process. No person shall knowingly or willfully resist or oppose any officer of this state or any person authorized by law in serving or attempting to execute any legal written, rule, order or process whatsoever, or knowingly and willfully resist any such officer in the discharge of such officer's duties without such written, rule, order or process.

9. Refusing to assist an officer. No person shall, when lawfully required by any sheriff, deputy sheriff, constable or other officer, willfully neglect or refuse to assist such officer in execution of the duties of such officer's office in any criminal case, or in any case of escape or rescue.

10. Resisting arrest. No person shall attempt to escape or forcibly resist when arrest is being made by an officer under the authority of a warrant, after information of the intention to make the arrest.

11. Antenna and radio wires. No person shall allow, locate or maintain any antenna wires, antenna supports, radio wires or television wires to exist over any street, alley, highway, sidewalk or public property.

12. Throwing and shooting. No person shall throw stones or missiles of any kind or shoot arrows, rubber guns, slingshots, air rifles or other dangerous instruments or toys on or into any street, highway, alley, sidewalk or public place.

13. Interference with city officers. No person shall interfere with or hinder any peace officer, fireman, officer or city official in the discharge of such officer's duty.

14. Barbed wire. No person shall install, allow to be installed or use barbed wire without the consent of the city council.

15. Playing in streets. No person shall coast, sled or play games on streets or highways except in areas blocked off by the city for such purposes.

16. Sale of food. No person shall sell or offer for sale any tainted, unsound or rotten meat, fish, fowl, fruit, vegetables, eggs, butter, canned goods, packaged goods, or other articles of food, or sell or offer for sale the flesh of any animal that was diseased.

17. Tobacco free parks. For the for the purpose of this policy tobacco is defined as any smoking or spit tobacco product, including any lit or unlit cigarette, cigar, blunt, bidi, clove cigarette, e-cigarette, pipe, chewing tobacco, dissolvable tobacco, dip, snuff or snus. This includes any other product or item containing or reasonable resembling tobacco or tobacco products.

Tobacco use is prohibited in all City parks and outdoor recreational facilities at all times. No Person shall use any form of tobacco at or on any City-owned or operated outdoor park or facility, which includes, but is not limited to, any park, playground, athletic field and complex, skate park, aquatic areas, shelter, restrooms, trails and parking lot areas. Any person found violating this policy at an organized event, especially a youth event, may be asked to cease use of tobacco or leave the city park of facility premises.


37

3-1-8 PUBLIC PROPERTY

1. Defacing public grounds. No person shall cut, break or deface any tree or shrub in a public park or on any avenue thereto by willfully defacing, cutting, breaking or injuring, except by the authority of the mayor.

2. Injuring new pavement. No person shall injure new pavement in any street, alley or sidewalk by willfully driving, walking or making marks on such pavement before it is ready for use.

3. Destroying park equipment. No person shall destroy or injure any property or equipment in public swimming pools, playgrounds or parks by willfully defacing, breaking, damaging, mutilating or cutting.

4. Injury to public library books or property. No person shall willfully, maliciously or wantonly tear, deface, mutilate, injure or destroy, in whole or in part, any newspaper, periodical, book, map, pamphlet, chart, picture or other property belonging to any public library or reading room.

5. Defacing or destroying proclamations or notices. No person shall intentionally deface, obliterate, tear down or destroy in whole or in part any transcript or extract from or of any law of the United States or of this State, or any proclamation, advertisement or notification, set up at any place within the city by authority of law or by order of any court, during the time for which the same is to remain set up.

6. Injury to gravestones or property in cemetery. No person shall willfully and maliciously destroy, mutilate, deface, injure or remove any tomb, vault, monument, gravestone or other structure placed in any public or private cemetery, or any fences, railing or other work for the protection, ornamentation of said cemetery, or of any tomb, vault, monument or gravestone, or other structure aforesaid, on any cemetery lot within such cemetery, or willfully and maliciously destroy, cut, break or injure any tree, shrub, plant or lawn within the limits of said cemetery, or drive outside of said avenues and roads, and over the grass or graves of said cemetery.

7. Injury to fire apparatus. No person shall willfully destroy or injure any engines, hose carriage, hose, hook and ladder carriage, or other things used and kept for extinguishment of fires.

8. Obstructing or defacing roads. No person shall obstruct, deface or injure any public road by breaking up, plowing or digging within the boundary lines thereof.

9. Injury to roads, railways, and other utilities. No person shall maliciously injure, remove or destroy any electric railway or apparatus belonging thereto, or any bridge, rail or plank road; or place or cause to be placed, any obstruction on any electric railway, or on any such bridge, rail or plank road; or willfully obstruct or injure any public road or highway; or maliciously cut, burn, or in any way break down, injure or destroy any post or pole used in connection with any system of electric lighting, electric railway, or telephone or telegraph system; or break down and destroy or injure and deface any electric light, telegraph or telephone instrument; or in any way cut, break or injure the wires of any apparatus belonging thereto; or willfully without proper authorization tap, cut, injure, break, disconnect, connect, make any connection with, or destroy any of the wires, mains, pipes, conduits, meters or other apparatus belonging to, or attached to, the power plant or distributing system of any electric light plant, electric motor, gas plant or water plant; or aid or abet any other person in so doing.


38

10. Tapping telegraph or telephone wires. No person shall wrongfully or unlawfully tap or connect a wire with the telephone or telegraph wires of any person, company or association engaged in the transmission of messages on telephone or telegraph lines.

11. Obstructing ditches and breaking levees. No person shall divert, obstruct, impede, or fill up, without legal authority, any ditch, drain, or watercourse, or break down any levee established, constructed, or maintained under any provision of law.


39


CHAPTER 2 NUISANCES

3-2-1 Definitions3-2-2 Nuisances Prohibited3-2-3 Other Conditions Regulated3-2-4 Notice to Abate Nuisance or Condition3-2-5 Contents of Notice to Abate3-2-6 Method of Service3-2-7 Request for Hearing and Appeal3-2-8 Abatement in Emergency3-2-9 Abatement by Municipality3-2-10 Collection of Cost of Abatement3-2-11 Installment Payment of Cost of Abatement

3-2-1 DEFINITIONS. For use in this ordinance, the following terms are defined:

1. The term "nuisance" means whatever is injurious to health, indecent, or offensive to the senses or an obstacle to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property. The following are declared to be nuisances:

(a) The erecting, continuing, or using any building or other place for the exercise of any trade, employment, or manufacture, which by occasioning noxious fumes, offensive smells, or other annoyances, becomes injurious and dangerous to the health, comfort, or property of individuals or the public.

(b) The causing or suffering any offal, filth, or noisome substance to accumulate or to remain in any place to the prejudice of others.

(c) The obstructing or impeding without legal authority the passage of any navigable river, harbor, or collection of water.

(d) The corrupting or rendering unwholesome or impure the water of any river, stream, or pond, or unlawfully diverting the same from its natural course or state, to the injury or prejudice of others.

(e) The obstructing or encumbering by fences, buildings, or otherwise the public roads, private ways, streets, alleys, commons, landing places, or burying grounds.

(f) Houses of ill fame, kept for the purpose of prostitution and lewdness, gambling houses, or houses resorted to for the use of opium, hashish or other illegal substances or houses where drunkenness, quarreling, fighting or breaches of the peace are carried on or permitted to the disturbance of others.

(g) Billboards, signboards, and advertising signs, whether erected and constructed on public or private property, which so obstruct and impair the view of any portion or part of a public street, avenue, highway, boulevard or alley or of a railroad or street railway track as to render dangerous the use thereof, especially near intersecting streets.


40

(h) Cotton-bearing cottonwood trees and all other cotton-bearing poplar trees in the city.

(i) The depositing or storing of inflammable junk, such as old rags, rope, cordage, rubber, bones, and paper, by any person, including a dealer in such articles, within the fire limits of this city, unless it be in a building of fire resistant construction.

(j) The emission of dense smoke, noxious fumes, or fly ash.

(k) Dense growth of all weeds, grasses, vines, brush, or other vegetation in the city so as to constitute a health, safety, or fire hazard.

(l) Trees infected with Dutch elm and Emerald Ash Bore diseases.

(m) Effluent from septic tank or drain field running or ponding on the ground in the open.

(n) Any article or substance placed upon a street, alley, sidewalk, public ground, or in any ditch, waterway, or gutter so as to obstruct the drainage.

(o) Accumulations of rubbish or trash tending to harbor vermin, rodents, and rank growth of weeds or other vegetation and plants, which is conducive to hazard.

2. The term "property owner" means the contract purchaser if there is one of record, otherwise the record holder of legal title.

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

3-2-3 OTHER CONDITIONS REGULATED. The following actions are required and may also be abated in the manner provided in this ordinance:

1. The removal of diseased trees or dead wood, but not diseased trees and dead wood outside the lot and property lines and inside the curb lines upon the public street.

2. The removal, repair, or dismantling of dangerous buildings or structures.

3. The connection to public drainage systems from abutting property when necessary for public health or safety.

4. The connection to public sewer systems from abutting property, and the installation of sanitary toilet facilities and removal of other toilet facilities on such property.

5. The cutting or destruction of weeds or other growth which constitutes a health, safety, or fire hazard.

3-2-4 NOTICE TO ABATE NUISANCE OR CONDITION. Whenever the mayor or other authorized municipal officer finds that a nuisance or other condition exists which is listed in Section 3, the mayor or


41

officer shall cause to be served upon the property owner as shown by the records of the county auditor a written notice to abate the nuisance within a reasonable time after notice.

3-2-5 CONTENTS OF NOTICE TO ABATE. The notice to abate shall contain:

1. A description of what constitutes the nuisance or other condition.

2. The location of the nuisance or condition.

3. A statement of the act or acts necessary to abate the nuisance or condition.

4. A reasonable time within which to complete the abatement.

5. A statement that if the nuisance or condition is not abated as directed and no request for hearing is made within the time prescribed, the city will abate it and assess the costs against such person.

3-2-6 METHOD OF SERVICE. The notice may be served by certified mail or personal service to the property owner as shown by the records of the county auditor.

3-2-7 REQUEST FOR HEARING AND APPEAL. Any person ordered to abate a nuisance or condition may have a hearing with the officer ordering the abatement as to whether a nuisance or prohibited condition exists. A request for a hearing must be made in writing and delivered to the officer ordering the abatement within the time stated in the notice, or it will be conclusively presumed that a nuisance or prohibited condition exists and it must be abated as ordered.

At the conclusion of the hearing, the hearing officer shall render a written decision as to whether a nuisance or prohibited condition exists. If the officer finds that a nuisance or prohibited condition exists, the officer must order it abated within an additional time which must be reasonable under the circumstances. An appeal from this decision may be had by immediately filing a written notice with the hearing officer. This appeal shall be heard before the city council at a time and place fixed by the council. The findings of the council shall be conclusive and, if a nuisance or prohibited condition is found to exist, it shall be ordered abated within a time reasonable under the circumstances.

3-2-8 ABATEMENT IN EMERGENCY. If it is determined that an emergency exists by reason of the continuing maintenance of the nuisance or condition, the city may perform any action that may be required under this chapter without prior notice, and assess the costs as provided herein, after notice to the property owner under the applicable provision of sections 3-2-4 and 3-2-5 and hearing as provided in section 3-2-7.

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

3-2-10 COLLECTION OF COST OF ABATEMENT. The clerk shall mail a statement of the total expense incurred to the property owner who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within one month, the city clerk shall certify the costs to the county auditor and they shall then be collected with, and in the same manner, as general property taxes.


42

3-2-11 INSTALLMENT PAYMENT OF COST OF ABATEMENT. If the amount expended to abate the nuisance or condition exceeds $100, the city may permit the assessment to be paid in up to ten annual installments, to be paid in the same manner and at the same rate of interest charged delinquent real estate taxes by the county treasurer.


43


CHAPTER 3 TRAFFIC CODE

3-3-1 Short Title3-3-2 Definitions3-3-3 Sheriff’s Department to Submit Annual Reports

ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS

3-3-4 Authority of Peace Officers and Fire Department Officials3-3-5 Required Obedience to Provisions of this Chapter and State Law

TRAFFIC CONTROL DEVICES

3-3-6 Authority to Install Traffic-Control Devices3-3-7 City Council to Designate Crosswalks, Establish, and Mark Traffic Lanes

SPEED REGULATIONS

3-3-8 Changing State Speed Limits in Certain Zones

TURNING MOVEMENTS

3-3-9 Turning Markers, Buttons and Signs3-3-10 Authority to Place Restricted Turn Signs3-3-11 Obedience to No-Turn Signs3-3-12 "U" Turns

ONE-WAY STREETS AND ALLEYS

3-3-13 Authority to Designate One-Way Streets and Alleys

SPECIAL STOPS REQUIRED

3-3-14 Through Highways3-3-15 Authority to Erect Stop Signs3-3-16 Stops at Intersecting Through Highways and Other Intersections3-3-17 Stop When Traffic Is Obstructed3-3-18 School Stops3-3-19 Yield Signs3-3-20 Establishment of School Zones and Speed Limit in School Zone

PEDESTRIANS' RIGHTS AND DUTIES

3-3-21 Prohibited Crossing


44

3-3-22 Pedestrians on Left

METHOD OF PARKING

3-3-23 Standing or Parking Close To Curb3-3-24 Signs or Markings Indicating Angle Parking3-3-25 Obedience to Angle Parking Signs or Markings3-3-26 Loitering With a Vehicle

STOPPING, STANDING OR PARKING PROHIBITED IN SPECIFIED PLACES

3-3-27 Stopping, Standing or Parking Prohibited in Specified Places3-3-28 Authorizing School District to Establish Fire Zones3-3-29 Authority to Paint Curbs and Erect Signs Prohibiting Standing or Parking3-3-30 Authority to Impound Vehicles

STOPPING, STANDING OR PARKING

3-3-31 Parking Signs Required3-3-32 Parking Prohibited3-3-33 Handicapped Parking for Churches3-3-34 Truck Parking Limited

MISCELLANEOUS DRIVING RULES

3-3-35 Vehicles Not to be Driven on Sidewalks3-3-36 Clinging to Vehicles3-3-37 Parking for Certain Purposes Prohibited3-3-38 Driving Through Funeral or Other Procession3-3-39 Drivers in a Procession3-3-40 Funeral Processions to be Identified3-3-41 Load Restrictions Upon Vehicles Using Certain Streets3-3-42 Truck Routes3-3-43 Traction Engines and Tractors3-3-44 Muffler in Good Working Condition3-3-45 Parades

BICYCLE REGULATIONS

3-3-46 Traffic Code Applies to Persons Riding Bicycles3-3-47 Riding on Bicycles3-3-48 Riding on Roadways and Bicycle Paths3-3-49 Speed3-3-50 Emerging from Alley or Driveway3-3-51 Carrying Articles3-3-52 Parking3-3-53 Riding on Sidewalks


45

3-3-54 Lamps and Other Equipment on Bicycles

SNOWMOBILES AND ALL-TERRAINVEHICLES

3-3-55 Purpose3-3-56 Definitions3-3-57 General Regulations3-3-58 Places of Operation3-3-59 Negligence3-3-60 Accident Reports

PENALTIES AND PROCEDURE ON ARREST

3-3-61 Citation Placed on Illegally Parked Vehicle3-3-62 Presumption in Reference to Illegal Parking3-3-63 Local Parking Fines3-3-64 Failure to Pay Parking Citations

CONTROLLED ACCESS FACILITIES

3-3-65 Purpose3-3-66 Definition3-3-67 Unlawful Use of Controlled Access Facilities3-3-68 Establishment3-3-69 Parking3-3-70 Regulation of Access3-3-71 Points of Access Defined3-3-72 Points of Access Designated3-3-73 Second Area Established3-3-74 Parking

RECREATIONAL VEHICLES

3-3-75 Operation of Golf Carts Permitted3-3-76 Prohibited Streets3-3-77 Equipment3-3-78 Hours

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

3-3-2 DEFINITIONS. Where words and phrases used in this chapter are defined in Chapter 321 of the Code of Iowa, such definitions shall apply to this ordinance.

1. "Park and parking" means the stopping or standing of a vehicle, except for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers.


46

2. “Peace officer” means any deputy of the Benton County Sheriff’s Department, officer of the Iowa State Patrol, or other law enforcement officer duly certified by the Iowa Law Enforcement Academy.

3. "Stand or standing" means the halting of a vehicle, whether occupied or not, except for the purpose of and while actually engaged in receiving or discharging passengers.

4. "Stop", when required means complete cessation of movement.

5. "Stop or stopping", when prohibited, means any halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or traffic-control sign or signal.

6. "Business districts" means: the territory contiguous to and including a highway when fifty percent or more of the frontage thereon for a distance of three hundred feet or more is occupied by buildings in use for business.

7. "Residential districts" means all areas of the city not included in business districts.

3-3-3 SHERIFF’S DEPARTMENT TO SUBMIT ANNUAL REPORTS. The Benton County Sheriff’s Department shall prepare annually a traffic report which shall be filed with the city council. Such report shall contain information on traffic matters in this city concerning the number of traffic accidents, the number of persons killed or injured, the number and nature of violations, and other pertinent traffic data including the plans and recommendations for future traffic safety activities. This report shall be filed at the time of contract renewal with the sheriff’s department.

ENFORCEMENT AND OBEDIENCE TO TRAFFIC REGULATIONS

3-3-4 AUTHORITY OF PEACE OFFICERS AND FIRE DEPARTMENT OFFICIALS. Provisions of this chapter and the Iowa law relating to motor vehicles and law of the road shall be enforced by peace officers. Peace officers are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws. In the event of a fire or other emergency, peace officers may direct traffic as conditions require notwithstanding the provisions of the traffic laws. Officers of the fire department may direct or assist the peace officers in directing traffic thereat or in the immediate vicinity.

3-3-5 REQUIRED OBEDIENCE TO PROVISIONS OF THIS CHAPTER AND STATE LAW. Any person who shall willfully fail or refuse to comply with any lawful order of a peace officer or direction of a fire department officer during a fire, or who fails to abide by the provisions of this chapter and the applicable provisions of the following Iowa statutes relating to motor vehicles and the law of the road is in violation of this chapter. These sections of the Code are adopted by reference:

1. 321.32, 321.174, 321.189, 321.193, and 321.218 through 321.224 -- display of registration and license to drive.

2. 321.229 through 321.234 -- obedience to a peace officer and responsibility of public officers, emergency vehicles and bicycles to obey traffic regulations.


47

3. 321.256 through 321.260 -- traffic signs, signals and markings, including right or left turns on red.

4. 321.261 through 321.266 and 321.268 -- accidents and accident reporting.

5. 321.275 -- operation of motorcycles.

6. 321.277, 321.278 and 321.285 through 321.288, 321.290, 321.294, and 321.295 -- reckless driving, drag racing, speed, control of vehicle and minimum speed.

7. 321.297 through 321.310 -- driving on right, meeting, overtaking, following or towing.

8. 321.311 through 321.318 --turning and starting, signals on turning and stopping.

9. 321.319 through 321.324 -- right of way and entering through highways.

10. 321.325 through 321.334 and 321.340 -- pedestrian rights and duties and safety zones.

11. 321.341 through 321.344 -- railroad crossings.

12. 321.353 through 321.360 -- stop at sidewalks, stopping, standing and parking.

13. 321.362 through 321.371 -- unattended vehicle, obstructing driver's view, crossing median, following fire apparatus, or crossing fire hose, and putting glass, etc. on streets.

14. 321.384 through 321.409, 321.415, 321.418 through 321.423 -- lighting equipment required and time of use. (Under the provisions of Section 321.395, motor vehicles parked where permitted by this ordinance need not have parking lamps lighted if the vehicle is within one hundred sixty (160) feet of a city street light ahead and to the rear of the vehicle and the permitted speed on said street is twenty-five (25) miles per hour or less.)

15. 321.430 through 321.446, 321.449 and 321.450 -- brakes, horns, sirens, mufflers, wipers, mirrors, tires, windows, safety belts, and special markings for transporting explosives.

16. 321.452 through 321.463, 321.465 and 321.466 -- size, weight and load.

TRAFFIC CONTROL DEVICES

3-3-6 AUTHORITY TO INSTALL TRAFFIC-CONTROL DEVICES. The city council shall cause to be placed and maintained traffic-control devices when and as required under this chapter or other ordinances of this city to make effective their provisions, and may so cause to be placed and maintained such additional, emergency, or temporary traffic-control devices for the duration of an emergency or temporary condition as traffic conditions may require, to regulate traffic under the traffic ordinances of this city or under state law or to guide or warn traffic.

All traffic-control devices shall comply with current standards established by the Manual of Uniform Traffic Control Devices for Streets and Highways.


48

3-3-7 CITY COUNCIL TO DESIGNATE CROSSWALKS, ESTABLISH, AND MARK TRAFFIC LANES. The city council is hereby authorized:

1. To designate and maintain by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where, due to traffic conditions, there is particular danger to pedestrians crossing the street or roadway, and at such other places as traffic conditions require.

2. To mark lanes for traffic on street pavements at such places as traffic conditions require, consistent with the traffic code of this city. Where traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to fail or refuse to keep such vehicle within the boundaries of a lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement.

SPEED REGULATIONS

3-3-8 CHANGING STATE SPEED LIMITS IN CERTAIN ZONES. It is hereby determined that future changes to the speed permitted by state law upon certain streets or portions thereof will be set by City Council resolution. Said changes will be made on the basis of engineering and traffic investigations.

TURNING MOVEMENTS

3-3-9 TURNING MARKERS, BUTTONS AND SIGNS. The city council may cause markers, buttons, or signs to be placed within or adjacent to intersections, and thereby require and direct, as traffic conditions require, that a different course from that specified by the state law be traveled by vehicles turning at intersections, and when markers, buttons, or signs are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by the markers, buttons, or signs, including right-hand turns at intersections with automatic traffic signals.

3-3-10 AUTHORITY TO PLACE RESTRICTED TURN SIGNS. The city council is authorized to determine those intersections, as traffic conditions require, at which the drivers of vehicles shall not make a right or left turn. The making of turns may be prohibited between certain hours of any day, in which event the same shall be plainly indicated on signs.

3-3-11 OBEDIENCE TO NO-TURN SIGNS. Whenever authorized signs are erected indicating that no right or left turn is permitted, no driver of a vehicle shall disobey the directions of any such signs.

3-3-12 "U" TURNS. It shall be unlawful for a driver to make a "U" turn except at an intersection. "U" turns are prohibited at intersections within the business district and at intersections where there are automatic traffic signals.

ONE-WAY STREETS AND ALLEYS

3-3-13 AUTHORITY TO DESIGNATE ONE-WAY STREETS AND ALLEYS. Whenever any traffic code of this city designates any one-way street or alley the city council shall cause to be placed and maintained signs giving notice thereof and the regulation shall not be effective unless the signs are in place. Signs indicating the direction of traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. It shall be unlawful for any person to operate


49

any vehicle in violation of markings, signs, barriers or other devices placed in accordance with this section.

It shall be unlawful for any person to operate any vehicle in violation of markings, signs, barriers, or other devices placed in accordance with this section.

SPECIAL STOPS REQUIRED

3-3-14 THROUGH HIGHWAYS. Streets or portions of streets described below are declared to be through highways:

1. First Avenue; and

2. First Street.

3-3-15 AUTHORITY TO ERECT STOP SIGNS. Whenever any ordinance of this city designates and describes a through highway it shall be the duty of the mayor to cause to be placed and maintained a stop sign on each and every street intersecting through highway except as modified in the case of intersecting through highways.

3-3-16 STOPS AT INTERSECTING THROUGH HIGHWAYS AND OTHER INTERSECTIONS. At the intersections of through highways and at intersections upon streets other than through highways, where, because of heavy cross-traffic or other traffic conditions, particular hazard exists, the city council is hereby authorized to determine whether vehicles shall stop or yield at one or more entrances to the intersection, and, upon approval of the council, shall erect an appropriate sign at every place where a stop or yield is required. The driver of any authorized emergency vehicle, when responding to an emergency call, upon approaching a stop sign shall slow down as necessary for safety, but may proceed cautiously past such stop sign. At other times, drivers or authorized emergency vehicles shall stop in obedience to the stop sign.

3-3-17 STOP WHEN TRAFFIC IS OBSTRUCTED. Notwithstanding any traffic-control signal indication to proceed, no driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle.

3-3-18 SCHOOL STOPS. When a vehicle approaches an authorized school stop, the driver shall bring the vehicle to a full stop at a point ten feet from the approach side of the crosswalk marked by an authorized school stop sign, and thereafter proceed in a careful and prudent manner until the driver shall have passed such school site.

3-3-19 YIELD SIGNS. The City Council shall determine by resolution which intersection Yield Signs shall be installed. Said determination will be made on the basis of engineering and traffic investigations.

3-3-20 ESTABLISHMENT OF SCHOOL ZONE AND SPEED LIMIT IN SCHOOL ZONE. The City Council shall establish school zones and corresponding speed limits within said school zones by Council resolution. This may include the closing of certain street on school attendance days as posted.


50

PEDESTRIANS' RIGHTS AND DUTIES

3-3-21 PROHIBITED CROSSING. Pedestrians crossing a street in the business district shall cross in the crosswalks only.

3-3-22 PEDESTRIANS ON LEFT. Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. Where sidewalks are not provided pedestrians at all times when walking on or along a roadway, shall walk on the left side of the roadway.

METHOD OF PARKING

3-3-23 STANDING OR PARKING CLOSE TO CURB. No person shall stand or park a vehicle in a roadway other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the right-hand wheels of the vehicle within eighteen inches of the curb or edge of the roadway except as provided in the case of angle parking and vehicles parked on the left -hand side of one-way streets.

3-3-24 SIGNS OR MARKINGS INDICATING ANGLE PARKING. The mayor, as traffic conditions require, shall determine upon what streets angle parking shall be permitted and shall mark or sign the streets or portions thereof indicating the method of angle parking. The determination shall be subject to approval by council resolution.

3-3-25 OBEDIENCE TO ANGLE PARKING SIGNS OR MARKINGS. Upon those streets or portions of streets that have been signed or marked for angle parking, no person shall park or stand a vehicle other than at an angle to the curb or edge of the roadway or in the center of the roadway as indicated by the signs and markings.

3-3-26 LOITERING WITH A VEHICLE. The term “loitering with an automobile” shall be defined as follows: The operation of a automobile on the public streets and/or alleys of the City of Van Horne, Iowa, without having any apparent purpose or goal in mind and further, any continuous and repeated trips across any streets of Van Horne, Iowa.

This ordinance shall not be used to prohibit sightseeing or reasonable joy riding, but shall be used in the prohibiting of such conduct as may appear to be deliberate and annoying to the citizens of the city, the residents of a street, or city officials.

The provisions of this ordinance shall be effective and shall include also prohibitions against the loitering with any motorized vehicles including automobiles, pickups, trucks, motorcycles, motor scooters, motor bicycles, and bicycles.

STOPPING, STANDING, OR PARKING PROHIBITED IN SPECIFIED PLACES

3-3-27 STOPPING, STANDING, OR PARKING PROHIBITED IN SPECIFIED PLACES. No person shall stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or traffic-control device, in any of the following places:

1. On a sidewalk.


51

2. In front of a public or private driveway.

3. Within an intersection.

4. Within five (5) feet of either side of the point on the curb nearest to a fire hydrant.

5. On a crosswalk.

6. Within ten (10) feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of the roadway.

7. Within fifty (50) feet of the nearest rail of a railroad crossing, except when parked parallel with such rail and not exhibiting a red light.

8. Within fifteen (15) feet of the driveway entrance to any fire station.

9. Alongside or opposite any street excavation or obstruction when such stopping, standing, or parking would obstruct traffic.

10. On the roadway side of any vehicle stopped or parked at the edge or curb of street.

11. Opposite the entrance to a garage or driveway in such a manner or under such conditions as to leave available less than twenty (20) feet of the width of the roadway for the free movement of vehicular traffic.

12. Upon any street or in any alley in any part of the city in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway of such street or alley for the free movement of vehicular traffic, except when necessary in obedience to traffic regulations or traffic signs, or signals of a peace officer.

13. At any place where official signs or curb markings prohibit stopping, standing or parking.

14. Within ten (10) feet of the crosswalk at all intersections within the city.

15. In an alley under any fire escape at any time.

16. No truck shall park on Main Street from First Avenue to the middle of the block between Second and Third Avenues except for the purpose of loading or unloading, and in this event shall follow the same rules as required for the parking of other vehicles.

17. On either side of Third Avenue from First Street to Maple Street.

18. On the West Side of First Street between Second Avenue and Third Avenue.

19. On the North side of Third Avenue from First Street to Third Street in that there shall be no parking from the hours of 8:00 a.m. to 4:00 p.m. on school days, except on that part of street in front of lots seven (7), eight (8), and nine (9).


52

20. For a period of more than two (2) hours on the streets of Van Horne, Iowa, in the residential area of said city during all periods of the day when the Benton Community School District is in session except that this restriction shall not apply to anyone parking in front of, across the street of, or in close proximity of their own home nor to those visiting or conducting business within the home.

21. On the east and west side of Third Street between Third Avenue and Fourth Avenue from the corner of Fourth Avenue south to the south side of the alley which runs between Fourth Street and Third Street.

22. Motorcycles and automobiles shall not park on grassy areas for more than 48 hours.

23. Semi parking shall be prohibited on any street overnight.

24. Semi parking shall be prohibited on residential streets with reefer running during the day.

Peace officers are hereby authorized to remove, or cause to be removed, a vehicle parked in violation of this section. Such vehicle shall be removed to a garage or site designated by the council and the owner of any vehicle or driver of any vehicle so impounded shall be required to pay all the reasonable costs of towing and storage charges, in addition to any fine imposed.

3-3-28 AUTHORIZING SCHOOL DISTRICT TO ESTABLISH FIRE ZONES. The Benton Community School District is authorized to designate fire zones at the Benton Community High School for public health and safety reasons and these fire zones as designated shall be a No Parking Zone.

3-3-29 AUTHORITY TO PAINT CURBS AND ERECT SIGNS PROHIBITING STANDING OR PARKING. When, because of restricted visibility or when standing or parked vehicles constitute a hazard to moving traffic, or when other traffic conditions require, the city council may cause curbings to be painted with a yellow or orange color and erect "no parking" or "standing" signs. It shall be unlawful for the operator of any vehicle to stand or park a vehicle in an area so painted or sign -posted. It shall be unlawful for any person, other than after having first secured the permission of the city council, to paint any curbing, sidewalk or street with yellow or orange colored paint or to erect "no parking" signs.

3-3-30 AUTHORITY TO IMPOUND VEHICLES. Peace officers are authorized to remove, or cause to be removed, a vehicle from a street, public alley, or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the sheriff’s department, or otherwise maintained by the city, under the following circumstances:

1. When a vehicle is upon a roadway and is so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal.

2. When any vehicle is left unattended upon a street and constitutes a definite hazard or obstruction to the normal movement of traffic.

3. When any vehicle is left parked upon a street for a continuous period of forty-eight hours or more. A diligent effort shall first be made to locate the owner. If the owner is found, the owner shall be given the opportunity to remove the vehicle.


53

In addition to the penalties hereinafter provided, the owner or driver of any vehicle impounded for violation of any of the provisions of this chapter shall be required to pay the reasonable cost of towing charges and storage.

STOPPING, STANDING OR PARKING

3-3-31 PARKING SIGNS REQUIRED. Whenever by this or any other chapter of this city code any parking time limit is imposed or parking is prohibited on designated streets or portions of streets it shall be the duty of the city superintendent to erect appropriate signs giving notice thereof and the regulations shall not be effective unless signs are erected and in place at the time of any alleged offense. When signs are erected giving notice thereof, no person shall disobey the restrictions stated on such signs.

3-3-32 PARKING PROHIBITED. The parking of any vehicle upon a street, public alley, highway, or public property within the corporate limits of the City of Van Horne, Iowa, for a period of forty-eight (48) hours or more is prohibited.

3-3-33 HANDICAPPED PARKING FOR CHURCHES. Each church in Van Horne, Iowa, will be allowed to designate two parking places as handicapped parking near their church building. The churches will designate the parking places and the city will then erect the handicapped signs or paint the parking spaces as handicapped parking.

3-3-34 TRUCK PARKING LIMITED. Trucks weighing five tons or more, loaded or empty, shall not be parked at the following locations on the streets named:

1. Main Street from First to Third Avenues;

2. First Avenue; and

3. First Street.

MISCELLANEOUS DRIVING RULES

3-3-35 VEHICLES NOT TO BE DRIVEN ON SIDEWALKS. The driver of a vehicle shall not drive upon or within any sidewalk area.

3-3-36 CLINGING TO VEHICLES. No person shall drive a motor vehicle on the streets of this city unless all passengers of the vehicle are inside the vehicle in the place intended for their accommodation. No person shall ride on the running board of a motor vehicle or in any other place not customarily used for carrying passengers. No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.

3-3-37 PARKING FOR CERTAIN PURPOSES PROHIBITED. No person shall park a vehicle upon the roadway for the principal purpose of:

1. Displaying such vehicle for sale.

2. Displaying advertising.


54

3. Selling merchandise from the vehicle except in a duly established market place or when so authorized or licensed under the ordinances of this city.

4. Storage or as junk or dead storage for more than forty-eight hours.

3-3-38 DRIVING THROUGH FUNERAL OR OTHER PROCESSION. No driver of any vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when the vehicles are conspicuously designated as required in this chapter. This provision shall not apply at intersections where traffic is controlled by traffic-control signals or peace officers.

3-3-39 DRIVERS IN A PROCESSION. Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practical and shall follow the vehicle ahead as closely as is practical and safe.

3-3-40 FUNERAL PROCESSIONS TO BE IDENTIFIED. A funeral procession composed of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia or by such other method as may be determined and designated by the city council.

3-3-41 LOAD RESTRICTIONS UPON VEHICLES USING CERTAIN STREETS. Reserved for future use. Future load restrictions will be made on the basis of engineering and traffic investigations and set by City Council Resolution.

3-3-42 TRUCK ROUTES. Reserved for future use. Future truck routes will be made on the basis of engineering and traffic investigations and set by City Council Resolution.

3-3-43 TRACTION ENGINES AND TRACTORS. No traction engine or tractor or other vehicle having mud lugs or ice spurs attached to its wheels shall be operated upon or moved under its own power, any bridge, culvert, paved street, or oiled street within the corporate limits of said City of Van Horne, Iowa, and in no case shall any traction engine, tractor, or other vehicle be driven upon or moved over the street in such a manner as to damage the paving or the streets of said City of Van Horne, Iowa.

3-3-44 MUFFLER IN GOOD WORKING CONDITION. Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation, to prevent excessive or unusual noises and annoying smoke, and no person shall use a muffler cutout or bypass or a similar device on a motor vehicle used on the streets and alleys of the City of Van Horne, Iowa.

3-3-45 PARADES. It shall be unlawful for any association, company, society, order, exhibit, or aggregation of people to parade or march upon the streets without first obtaining a permit from the Mayor, stating the time, manner, and condition of such parade or march. Such permit when issued by the Mayor, shall be without charge.

BICYCLE REGULATIONS

3-3-46 TRAFFIC CODE APPLIES TO PERSONS RIDING BICYCLES. Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to drivers of vehicles by the laws of this state regarding rules of the road applicable to vehicles or by the traffic ordinances of this city applicable to drivers of vehicles, except as to those provisions which by


55

their nature can have no application. Whenever a person dismounts from a bicycle such person shall be subject to all regulations applicable to pedestrians.

3-3-47 RIDING ON BICYCLES. A person propelling a bicycle shall not ride other than astride a permanent and regular seat. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

3-3-48 RIDING ON ROADWAYS AND BICYCLE PATHS. Every person operating a bicycle upon a roadway shall ride as near to the right-hand side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.

Whenever a usable path for bicycles has been provided adjacent to a roadway bicycle riders shall use such path and shall not use the roadway.

3-3-49 SPEED. No person shall operate a bicycle at a speed greater than is reasonable and prudent under existing conditions.

3-3-50 EMERGING FROM ALLEY OR DRIVEWAY. The operators of a bicycle emerging from an alley, driveway, or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right of way to all pedestrians approaching on the sidewalk or sidewalk area, and upon entering the roadway shall yield the right of way to all vehicles approaching on said roadway.

3-3-51 CARRYING ARTICLES. No person operating a bicycle shall carry any package, bundle, or article which prevents the rider from keeping at least one hand upon the handle bars.

3-3-52 PARKING. Bicycles shall be parked upon the roadway of a street against the curb, or upon the sidewalk in a rack to support bicycles, or against a building, or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic.

3-3-53 RIDING ON SIDEWALKS. No person shall ride a bicycle, scooter, skateboard or heeley on a sidewalk within a business district.

When signs are erected on a sidewalk or roadway prohibiting the riding of bicycles, scooters, skateboards or heeleys on the sidewalk or roadway, no person shall disobey such signs.

Whenever a person is riding a bicycle, scooter, skateboard or heeley upon a sidewalk, the person shall yield the right of way to any pedestrian and shall give a timely audible signal before overtaking and passing a pedestrian.

3-3-54 LAMPS AND OTHER EQUIPMENT ON BICYCLES. Every bicycle when in use at nighttime shall be equipped with a lamp on the front that emits a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type that is visible from all distances from fifty feet to 300 feet to the rear when directly in front of lawful upper beams of head lamps on a


56

motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.

Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement.

SNOWMOBILES AND ALL-TERRAIN VEHICLES

3-3-55 PURPOSE. The purpose of this ordinance is to regulate the operation of all-terrain vehicles and snowmobiles within the city.

3-3-56 DEFINITIONS.

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, 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.

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.

3-3-57 GENERAL REGULATIONS. No person shall operate an ATV or snowmobile within the city in violation of the provisions of Section 321G of the Code of Iowa or rules established by the Natural Resource Commission of the Iowa Department of Natural Resources governing their registration, numbering, equipment, and manner of operation.

3-3-58 PLACES OF OPERATION. The operators of ATVs and snowmobiles shall comply with the following restrictions as to where and when ATVs and snowmobiles may be operated within the city:

1. Streets. ATVs and snowmobiles shall be operated only upon streets which have not been plowed during the snow season, and then may only be operated on any street within the city for the sole purpose of using the most direct roadway for the ingress and egress from the city. No ATV or snowmobile shall be driven on any roadway solely for entertainment or pleasure.

2. Exceptions. ATVs and snowmobiles may be operated on prohibited streets only under the following circumstances:

A. Emergencies. ATVs and 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. ATVs and snowmobiles may make a direct crossing of a prohibited street provided:


57

(1) The crossing is made at an angle of approximately ninety (90) degrees to the direction of the streets and at a place where no obstruction prevents a quick and safe crossing;

(2) The ATV or snowmobile is brought to a complete stop before crossing the street;

(3) The driver yields the right-of-way to all oncoming 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. ATVs and snowmobiles shall not be operated on an operating railroad right-of-way. An ATV or snowmobile may be driven directly across a railroad right-of-way only at an established crossing and notwithstanding any other provisions of law may, if necessary, use the improved portion of the established crossing after yielding to all oncoming traffic (Code of Iowa, Sec. 321G.13[8]).

4. Trails. ATVs shall not be operated on snowmobile trails and snowmobiles shall not be operated on all-terrain vehicle trails except where so designated (Code of Iowa, Sec. 321G.9[4f and g]).

5. Parks and Other City Land. ATVs and 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. ATVs and 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.

7. Private Property. No ATV or snowmobile shall be operated on private property without the express consent of the owner thereof.

8. Hours of Operation. No ATV or snowmobile shall be operated within the city between the hours of 10:00 p.m. and 6:00 a.m. local time.

3-3-59 NEGLIGENCE. The owner and operator of an ATV or snowmobile is liable for any injury or damage occasioned by the negligent operation of the ATV or snowmobile (Code of Iowa, Sec. 321G.18).

3-3-60 ACCIDENT REPORTS. Whenever an ATV or snowmobile is involved in an accident resulting in injury or death to anyone or property damage amounting to two hundred dollars ($200.00) or more, either the operator or someone acting for the operator shall immediately notify a law enforcement officer and shall file an accident report within forty-eight (48) hours, in accordance with state law (Code of Iowa, Sec. 321G.10).

PENALTIES AND PROCEDURE ON ARREST

3-3-61 CITATION PLACED ON ILLEGALLY PARKED VEHICLE. Whenever any motor vehicle without a driver is found parked or stopped in violation of any of the restrictions imposed by any


58

ordinance of this city or state law, the officer finding such vehicle shall prepare a written parking citation giving the registration number, and other identifying information to such vehicle in a conspicuous place and directing the driver of the vehicle to appear at the place designated in the citation within seven days, or to pay the local scheduled fine established by the section titled "LOCAL PARKING FINES" in this chapter at the city clerk's office as provided therein.

3-3-62 PRESUMPTION IN REFERENCE TO ILLEGAL PARKING. In any prosecution charging a violation of any parking ordinance or state law governing the standing, stopping, or parking of a vehicle, proof that the particular vehicle described in the complaint was parked in violation of any such ordinance or law, together with proof that the defendant named in the complaint was at the time of such parking violation the registered owner of such vehicle, shall constitute prima facie evidence that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where, and for the time during which such violation occurred.

3-3-63 LOCAL PARKING FINES. Scheduled fines as follows are established, payable by mail or in person at the city clerk's office within seven days of the violation, for the following parking violations:

1. Overtime parking $10.002. Prohibited parking $10.003. No parking zone $10.004. Blocking alley $10.005. Illegal parking $10.00 6. Street cleaning $10.007. Snow removal ban $10.008. Handicap parking $100.00

3-3-64 FAILURE TO PAY PARKING CITATIONS. If a violator of the restrictions on stopping, standing, or parking under the parking ordinances of this city or of state law fails to make payment of the scheduled fine as specified on a parking citation affixed to such motor vehicle within the seven days, the city shall send the owner of the motor vehicle to which the parking citation was affixed a letter informing the owner of the violation and warning that in the event such letter is disregarded for a period of five days from date of mailing, a court citation will be issued requiring a court appearance and subjecting the violator to court costs.

CONTROLLED ACCESS FACILITIES

3-3-65 PURPOSE. This ordinance shall be deemed an exercise of the police power of the city under Chapters 6A and 6B of the Code of Iowa for the preservation of the public peace, health, safety, and the promotion of the general welfare.

3-3-66 DEFINITION. For the purpose of this ordinance, a controlled access facility shall mean: A controlled right of easement of access, light, air, or view by reason of the fact that their property abuts upon such controlled access facility or for any other reason.

3-3-67 UNLAWFUL USE OF CONTROLLED ACCESS FACILITIES. It shall be unlawful for any person to:


59

A. Drive a vehicle over, upon, or across any curb, central dividing section or other separation or dividing line on such controlled access facilities.

B. Make a left turn or a semi-circular or U-turn except through an opening provided for that purpose in the dividing curb section, separation, or line.

C. Drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section, or line.

D. Drive any vehicle into the controlled access facility from a local service road except through an opening provided for that purpose in the dividing curb or dividing line which separates such service road from the controlled access facility property.

3-3-68 ESTABLISHMENT. There are hereby fixed and established controlled access facilities on the primary road system extension improvement, First Avenue (formerly known as Project No. 1114, Primary Road No. Iowa #199) within the City of Van Horne, Iowa, described as follows: First Avenue from the East Corporation line westerly for a distance of approximately 271.1 feet; or from Sta. 29-46.9 to Sta. 32-18 as shown on plans for Project No. F-1114; regulating access to and from Elm Street easterly to City Corporation line; abutting properties along said street, all in accordance with the plans for such improvement identified as Project No. 1114 on file in the Office of the City Clerk.

3-3-69 PARKING. Parking of any nature is hereby prohibited on First Avenue within the corporation line of the City of Van Horne, Iowa, from Sta. 29-46.9 to 32-18 as shown in plans for Project No. 1114.

3-3-70 REGULATION OF ACCESS. No person shall have any right of ingress or egress to, from or across the controlled access facility except at such points permitted by the City of Van Horne and designated by ordinance.

3-3-71 POINTS OF ACCESS DEFINED. The points of access shall consist of access ways from abutting property to the adjacent traffic land and roadway and their locations shall be expressed in terms of “stations” (each representing a distance of 100 feet) measured along the center line of the controlled access facility from the point of reference stated herein.

3-3-72 POINTS OF ACCESS DESIGNATED. Points of access are hereby permitted on said highway designated by station, side of street, curb, opening width, drive, or entrance-width and purpose as follows:

STATION SIDE OF STREET DRIVE ENTRANCE OR WIDTH*

USE OF DRIVE OR ENTRANCE

29-34 South 36 feet Commercial29-46.9 North 24 feet Elm Street30-84 South 36 feet Commercial* for NON-CURB areas.

3-3-73 SECOND AREA ESTABLISHED. There are hereby fixed and established a second set of controlled access facilities on the Primary Road Extension Improvement, Project no. F-1114 (2), First Avenue (formerly Primary Road No. Iowa #199) within the City of Van Horne, Iowa, described as follows: On present route of former No. Iowa 199 from west end of the intersection of Main Street and


60

First Avenue, thence easterly on First Avenue to the east corporation line or from Sta. 3+65.9 to Sta. 32+18, regulating access to and from abutting properties along said highway, all in accordance with the plans for such improvement, identified as Project No. F-1114 (2), on file in the Office of the City Clerk, and showing the following designated points of access of this project:

STATION SIDE OF STREET DRIVE ENTRANCE OR WIDTH

USE OF DRIVE OR ENTRANCE

3+65.9 Left Industrial Avenue3+65.9 Right Industrial Avenue4+60 Left 51’ Commercial5+55 Left 23’ Alley5+81 Left 32’ Municipal6+70 Right 24.5’ Commercial7+37 Left Fourth Street8+15 Right 34’ Commercial8+39 Left 25’ Commercial9+13 Right 35’ Commercial9+25 Left 24’ Alley9+84 Left 24’ Commercial11+02 Right 23’ Commercial11+04 Left Third Street12+86 Left 24’ Alley14+69 Left Second Street15+48 Left 29’ Commercial16+53 Left 24’ Alley17+41 Left 37’ Commercial18+47 Left First Street18+47 Right First Street20+30 Right 24’ Alley20+35 Left 24’ Alley20+74 Right 24’ Commercial21+20 Left 18’ Residential22+14 Right 24’ Proposed Alley/Street22+16 Left Maple Street23+80 Left 17’ Residential23+93 Right 24’ Residential23+98 Left 18’ Alley24+84 Right 18’ Residential25+82 Left Cherry Street27+62 Left 24’ Alley28+19 Right 17’ Residential29+45 Left Elm Street29+47 Right 24’ Proposed Alley/StreetThe above table represents street name changes since this ordinance was adopted.


61

3-3-74 PARKING. Parking of any nature is hereby prohibited on First Avenue within the corporate limits of the City of Van Horne from Sta. 3+65.9 to Sta. 32+18. Parking shall be prohibited on minor street approaches for a distance of thirty-five (35) feet in advance of the stop sign. Where diagonal parking is permitted on the minor street approaches, a fifty-five (55) foot stop sign sight distance will be maintained. Parking shall be prohibited on the exit side of minor streets for a distance of thirty-five (35) feet.

RECREATIONAL VEHICLES

3-3-75 OPERATION OF GOLF CARTS PERMITTED. Golf carts may be operated upon the streets of the city by persons possessing a valid driver’s license, except as prohibited in Section 3-3-76.

3-3-76 PROHIBITED STREETS. Golf carts shall not be operated upon any city street which is a primary road extension through the city but shall be allowed to cross a city street which is a primary road extension through the city. This includes all of 1st Avenue and 1st Street in the city of Van Horne.

3-3-77 EQUIPMENT. Golf carts operated on city streets shall be equipped with a slow moving vehicle sign and a bicycle safety flag. They shall also be equipped with adequate brake and other safety equipment required by Chapter 321 of the Code of Iowa.

3-3-78 HOURS. Golf carts may be operated on city streets only between sunrise and sunset.


62


CHAPTER 4 FIRE PROTECTION

3-4-1 Establishment and Purpose3-4-2 Volunteer Fire Fighters3-4-3 Fire Fighter's Duties3-4-4 Worker's Compensation and Hospitalization Insurance3-4-5 Liability Insurance3-4-6 Fires Outside City Limits3-4-7 Area Served3-4-8 Reciprocal Agreements with Other Fire Districts3-3-9 City and Fire Chief’s Authority3-3-10 Fire Training3-3-11 Reimbursement of Expenses3-3-12 Alcoholic Beverages and Beer

3-4-1 ESTABLISHMENT AND PURPOSE. A volunteer fire department is hereby established to prevent and extinguish fires and to protect lives and property against fires, to promote fire prevention and fire safety, and to answer all emergency calls for which there is no other established agency.

3-4-2 VOLUNTEER FIRE FIGHTERS. A maximum of twenty-five (25) residents of Van Horne, Iowa, and the Benefited Fire District #1 in Benton County, of legal age shall be appointed to serve as a volunteer fire fighter. Every-other year, fire fighters shall undergo a physical examination with drug testing. One-half of the fire fighters shall undergo physical examinations on even numbered years, and one-half of the fire fighters shall undergo physical examinations on odd numbered years. If a fire fighters refuses a physical, a waiver must be signed to that effect.

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

3-4-4 WORKER'S COMPENSATION AND HOSPITALIZATION INSURANCE. The city council shall contract to insure the city against liability for worker's compensation and against statutory liability for the costs of hospitalization, nursing, and medical attention for volunteer fire fighters. All volunteer fire fighters shall be covered by the contract.

3-4-5 LIABILITY INSURANCE. The city council shall contract to insure against liability of the city or members of the department for injuries, death or property damage arising out of and resulting from the performance of departmental duties.

3-4-6 FIRES OUTSIDE CITY LIMITS. The department shall answer calls to fires and other emergencies outside the city limits if the fire chief determines that such emergency exists and that such action will not endanger persons and property within the city limits and the Van Horne Benefited Fire District.


63

3-4-7 AREA SERVED. The Department shall answer all calls to fires and other emergencies in the City of Van Horne and the Van Horne Benefited Fire District. The Department may work out reciprocal agreements to answer fire calls in other cities and fire districts with which agreements for such reciprocal aid have been agreed to.

3-4-8 RECIPROCAL AGREEMENTS WITH OTHER FIRE DISTRICTS. The City of Van Horne shall have authority to enter into reciprocal agreements with other fire districts whereby firefighting equipment and fire departments of both parties to the agreement may be called to fight fires in an emergency situation or when the need is apparent. The Fire Chief shall be advised of any such agreements entered into.

3-4-9 CITY AND FIRE CHIEF’S AUTHORITY. The City of Van Horne shall retain authority to determine all policy matters, and included therein shall be rules and regulations as to the physical facilities and firefighting equipment. The Fire Chief shall have complete authority to determine training, drills, conduct fire meetings, firefighting procedures, and techniques.

3-3-10 FIRE TRAINING. The Fire Chief shall conduct such training sessions at least once a month to train the volunteer Fire Department in up-to-date fighting methods and techniques. All the members of the department shall be trained to operate the fire truck pumpers.

3-3-11 REIMBURSEMENT FOR EXPENSES. Prior to incurring expenses in connection with training, the Fire Chief and the City shall agree on the amount of such expenses that the City of Van Horne will reimburse to the fire fighters. Upon completion of training, the fire fighters shall then be reimbursed as per the agreement.

3-3-12 ALCOHOLIC BEVERAGES AND BEER. No beer or other alcoholic beverage shall be consumed before or during meetings held by fire fighters in the Fire Station.


64


CHAPTER 5 FIRST RESPONDERS

3-5-1 First Responders Board Created3-5-2 Board Organization3-5-3 Duties of the Board3-5-4 Reports3-5-5 Rules

3-5-1 FIRST RESPONDERS BOARD CREATED. A First Responders Board is Hereby created to advise the Council and to plan and oversee city programs relating to first responses to emergency medical situations within the City of Van Horne, Iowa.

3-5-2 BOARD ORGANIZATION. The Board shall consist of three (3) first responders, elected by first responders for two (2) year terms. The Board shall choose it’s president and vice-president every two (2) years thereafter. Vacancies shall be filled in the same manner as the original appointments.

3-5-3 DUTIES OF THE BOARD. The Board shall oversee and plan the activities of the First Responders Group in Van Horne, Iowa. The Board shall submit annual budget requests to the City Council for its operations and shall make no expenditures beyond the budget amounts established by the City Council. The Board shall make certain that all persons acting as First Responders shall have received the proper training in order to perform the duties required of them. The president shall submit bills to the City Clerk for payment after the invoices have been submitted and approved by the Board.

3-5-4 REPORTS. The Board shall make written reports to the Council of its activities from time to time as it deems advisable upon Council request. The revenues and expenditures of the Board shall be reported to the Council as requested by the Council, but not less frequently than on a quarterly basis.

3-5-5 RULES. The Board shall have power to make rules and regulations governing the First Responders for the City of Van Horne subject to the approval of the City Council.


65


CHAPTER 6 CURFEW FOR MINORS

3-6-1 Preamble3-6-2 Findings and Purpose3-6-3 Definitions3-6-4 Offenses3-6-5 Penalty3-6-6 Enforcement

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

(Code of Iowa, Sec. 364.1)

3-6-2 FINDINGS AND PURPOSE. The city council has determined that there has been an increase in juvenile violence and crime by persons under the age of seventeen (17) in the City of Van Horne, Iowa; and

Persons under the age of seventeen (17) are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime; and

The City of Van Horne, Iowa, has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over and responsibility for children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities.

3-6-3 DEFINITIONS.

1. Curfew hours means 12:01 a.m. until 5:00 a.m.

2. Emergency means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

3. Establishment means any privately-owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.

4. Guardian means:

a. A person who, under court order, is the guardian of the person of a minor; or


66

b. A public or private agency with whom a minor has been placed by a court.

5. Minor means any person under seventeen (17) years of age.

6. Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

7. A parent means a person who is:

a. A biological parent, adoptive parent, or step-parent of another person; or

b. At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.

8. Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

9. Remain means to:

a. Linger or stay; or

b. Fail to leave premises when requested to do so by a peace officer or the owner, operator, or other person in control of the premises.

10. Serious bodily injury means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss of impairment of the function of any bodily member or organ. 3-6-4 OFFENSES.

1. A minor commits an offense if the minor remains in any public place or on the premises of any establishment within the city during curfew hours.

2. A parent or guardian of a minor commits an offense if they knowingly permit, or by insufficient control allow, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.

3. The owner, operator, or any employee of an establishment commits an offense if they knowingly allow a minor to remain upon the premises of the establishment during curfew hours.

3-6-5 DEFENSES.

1. It is a defense to prosecution under this chapter that the minor was:

a. Accompanied by the minor’s parent or guardian;


67

b. On an errand at the direction of the minor’s parent or guardian, without any detour or stop;

c. In a motor vehicle involved in interstate travel;

d. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

e. Involved in an emergency;

f. On the sidewalk abutting the minor’s residence of a next-door neighbor if the neighbor did not complain to a peace officer about the minor’s presence;

g. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Van Horne, a civic organization, or other similar entity that takes responsibility for the minor, or going to or returning home without any detour or stop, an official religious, or other recreational activity supervised by adults and sponsored by the City of Van Horne, a civic organization, or another similar entity that takes responsibility for the minor;

h. Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or

i. Married or has been married.

2. It is a defense to prosecution under Subsection 3-6-4(3) that the owner, operator, or employee of an establishment promptly notified the sheriff’s department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

3-6-6 ENFORCEMENT.

1. Before taking any enforcement action under this section, a peace offer shall ask the apparent offender’s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in section 3-6-5 is present.

2. A minor who is in violation of this ordinance shall be reunited with the minor’s parent or guardian or custodian or other adult taking the place of the parent or shall be taken home by peace officers.

3-6-7 PENALTY, MUNICIPAL INFRACTION. The violation of this chapter shall be a municipal infraction with penalties not to exceed those contained in the City Code.

"Editor's Note: The courts have carefully scrutinized curfew ordinances and before enacting such an ordinance, you should consult with your city attorney. See Maquoketa v. Russell, 484 NW2d, 179 (Iowa 1992) and Quit v. Strauss, 8 F2d 260 (1993)."


68


CHAPTER 7 REGULATING PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS

3-7-1 Definitions3-7-2 Exemptions3-7-3 Permits3-7-4 Requirements3-7-5 Hours of Solicitation3-7-6 Consumer Protection Law3-7-7 Bond Required3-7-8 Obstruction of Pedestrian or Vehicular Traffic

3-7-1 DEFINITIONS. For use in this chapter, the following terms are defined as follows:

1. A "peddler" is any person carrying or transporting goods or merchandise who sells or offers for sale for immediate delivery such goods or merchandise from house-to-house or upon the public street.

2. A "solicitor" is any person who solicits or attempts to solicit from house-to-house or upon public streets orders for commercial goods, wares, subscriptions, publications, periodicals, merchandise, or services to be delivered or fulfilled at a future date.

For the purposes of this chapter, "solicitor" does not include a person who contacts another person at such person's residence without prior invitation to enlist support for or against, or solicit funds for patriotic, philanthropic, charitable, political, or religious purposes, whether or not there is an incidental purpose involving the sale of some goods or service.

3. A "transient merchant" includes every merchant, whether an individual person, a firm, corporation, partnership, or association, who brings or causes to be brought within the municipality any goods, wares, or merchandise of any kind, nature, or description, with the intention of temporarily or intermittently selling or offering to sell at retail such goods, wares, or merchandise. Temporary association with a local merchant, dealer, trader, or auctioneer, for conducting such transient business in connection with, as part of, or in the name of any local merchant, dealer, trader, or auctioneer, does not exempt any such person, firm, or corporation from being considered a transient merchant.

The provisions of this chapter shall not be construed to apply to persons selling at wholesale to merchants, nor to persons running a huckster wagon, or selling or distributing livestock feeds, fresh meats, fish, fruit, or vegetables, nor to persons selling their own work or production either by themselves or their employees.

3-7-2 EXEMPTIONS. The provisions of this chapter shall not apply to nonprofit, civic, charitable, religious, or educational groups engaged in retail sale for the purposes of fund raising from within the corporate limits of Van Horne, or within the boundaries of the Benton Community School District.

3-7-3 PERMITS. Before any person or organization engages in any of the practices defined herein, they must comply with all applicable ordinances, and must also obtain from the city clerk a permit in


69

accordance with the provisions of sections 3-7-4 and 3-7-5. This permit shall extend no longer than sixty days. A fee of $5.00 shall be paid at the time of registration to cover the cost of investigation and issuance.

3-7-4 REQUIREMENTS. Any applicant engaged in any activity described in 3-7-1 of this chapter must file with the city clerk an application in writing that gives the following information:

1. Name, photo ID and social security number.

2. Permanent and local addresses and, in case of transient merchants, the local address from which proposed sales will be made.

3. A brief description of the nature of the sales method.

4. Name and address of the firm for or on whose behalf the orders are solicited, or the supplier of the goods offered for sale.

5. Length of time for which the permit is desired.

6. A statement as to whether or not the applicant has been convicted of any crime, and if so, the date, the nature of the offense, and the name of the court imposing the penalty.

7. Motor vehicle make, model, year, color, and registration number, if a vehicle is to be used in the proposed solicitation.

3-7-5 HOURS OF SOLICITATION. No person may conduct those activities described in 3-7-1 except between the hours of 9:00 a.m. and 6:00 p.m. on each day, and no solicitation shall be done on Sundays or legal holidays.

3-7-6 CONSUMER PROTECTION LAW. All solicitors and peddlers shall be informed of, agree to comply with, and comply with the state law, section 555A.3, Code of Iowa, requiring a notice of cancellation to be given in duplicate, properly filled out, to each buyer to whom such person sells a product or service and, comply with the other requirements of the law.

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

3-7-8 OBSTRUCTION OF PEDESTRIAN OR VEHICULAR TRAFFIC. No person, while engaged in any of the practices described in 3-7-1, shall block or obstruct the path of any pedestrian or vehicular traffic, or block or obstruct any way of ingress or egress to roads, buildings, or other enclosures or conveyances, including, but not limited to, vehicles, elevators, and escalators.


70


CHAPTER 8 CIGARETTE LICENSE

3-8-1 Definitions3-8-2 Permit Required3-8-3 Issuance3-8-4 Expiration3-8-5 Fees3-8-6 Refunds3-8-7 Revocation3-8-8 Permits not Transferable3-8-9 Display

3-8-1 DEFINITIONS. For use in this chapter the following terms are defined as follows:

1. The term "cigarette" means any roll for smoking made wholly or in part of tobacco or any substitute for tobacco, irrespective of size or shape and irrespective of tobacco or any substitute for tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any other material. However, this definition shall not be construed to include cigars.

2. The term "retailer" means and includes every person in this state who sells, distributes, or offers for sale for consumption, or possess for the purpose of sale for consumption, cigarettes irrespective of quality or amount or the number of sales.

3. The term "place of business" means and includes any place where cigarettes are sold or where cigarettes are stored, within or without the State of Iowa, by the holder of an Iowa permit or kept for the purpose of sale or consumption; or if sold from any vehicle or train, the vehicle or train on which or from which such cigarettes are sold shall constitute a place of business.

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

3-8-3 ISSUANCE. The city council shall issue or renew a permit, upon a determination that such issuance or renewal will not be detrimental to the public health, safety, or morals, when a retailer who is not a minor has filed with the city clerk a completed application on forms provided by the State Department of Revenue and Finance and accompanied by the fee provided in Section 3-8-5.

3-8-4 EXPIRATION. Permits expire on June 30 of each year.

3-8-5 FEES. The fee for permits issued or renewed in July, August, or September is $75.00. The fee for permits issued in October, November, or December is $56.25; in January, February or March, $37.50; and in April, May or June, $18.75.


71

3-8-6 REFUNDS. A retailer may surrender an unrevoked permit in July, August, or September for a refund of $56.25; in October, November, or December, for $37.50; or in January, February, or March, for $18.75.

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

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

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


72


CHAPTER 9 BEER AND LIQUOR LICENSES

3-9-1 Purpose3-9-2 Required Obedience to Provisions of this Chapter and State Law3-9-3 Action by Council3-9-4 Transfers3-9-5 Open Alcoholic Beverage Containers3-9-6 Persons Under the Age of Eighteen3-9-7 Persons Age Eighteen, Nineteen and Twenty

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

3-9-2 REQUIRED OBEDIENCE TO PROVISIONS OF THIS CHAPTER AND STATE LAW. The following sections of the Iowa Code are hereby adopted by reference:

1. 123.2 and 123.3 General Prohibition and Definitions

2. 123.18 Favors From Licensee or Permittee

3. 123.22 State Monopoly

4. 123.30 Liquor Control Licenses - Classes

5. 123.31 Application Contents

6. 123.33 Records

7. 123.34 Expiration - License or Permit

8. 123.35 Simplified Renewal Procedure

9. 123.36 Liquor Fees - Sunday Sales

10. 123.38 Nature of Permit or License - Surrender - Transfer

11. 123.39 Suspension or Revocation of License or Permit - Civil Penalty

12. 123.40 Effect of Revocation

13. 123.44 Gifts of Liquors Prohibited

14. 123.46 Consumption in Public Places - Intoxication - Right to Chemical Test - Exoneration


73

15. 123.49 Miscellaneous Prohibitions

16. 123.50 Criminal and Civil Penalties

17. 123.51 Advertisements for Alcoholic Liquor, Wine or Beer

18. 123.52 Prohibited Sale

19. 123.90 Penalties Generally

20. 123.95 Premises Must Be Licensed - Exception as to Conventions and Social Gatherings

21. 123.122 through 123.145 Beer Provisions (Division II)

22. 123.150 Sunday Sales Before New Year's Day

23. 123.171 through 123.182 Wine Provisions (Division V)

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

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

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

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

3-9-7 PERSONS AGE EIGHTEEN, NINETEEN AND TWENTY. A person shall not sell, give, or otherwise supply alcoholic liquor, wine, or beer to any person knowing or having reasonable cause to


74

believe that the person is age eighteen, nineteen or twenty. A person age eighteen, nineteen or twenty shall not purchase or possess alcoholic liquor, wine, or beer. However, a person age eighteen, nineteen or twenty may possess alcoholic liquor, wine, or beer given to the person within a private home with the knowledge and consent of the person's parent or guardian, and a person age eighteen, nineteen or twenty may handle alcoholic liquor, wine, and beer during the course of the person's employment by a liquor control licensee, or wine or beer permittee.


75


CHAPTER 10 TREES

3-10-1 Purpose 3-10-7 Tree Topping3-10-2 Definitions 3-10-8 Dead or Diseased Tree 3-10-3 Creation and Establishment Removal

Of City Tree Boards 3-10-9 Removal of Stumps3-10-4 Planting Restrictions 3-10-10 Interference With City Tree3-10-5 Trimming Restrictions Board3-10-6 Public Tree Care 3-10-11 Tree Trimmers

3-10-1 PURPOSE. The purpose of this ordinance is to beautify and preserve the appearance of the city by requiring street trees to be uniformly located and maintained.

3-10-2 DEFINITIONS.

1. “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.

2. “Street Trees” are those trees, shrubs, bushes, and all other woody vegetation located on the parking.

3. “Park Trees” are those trees, shrubs, bushes, and all other woody vegetation located in public parks and other public places.

3-10-3 CREATION AND ESTABLISHMENT OF CITY TREE BOARDS.

1. The City Tree Board shall consist of three persons who shall be appointed by the Mayor, subject to approval of the City Council.

2. The term of person so appointed shall be for three years except that the term of the members of the initial City Tree Board shall be as follows: one member shall be appointed for two years and two members shall be appointed for three years. In the event a vacancy shall occur, any replacement appointed to the Board shall be for the unexpired portion of the term.

3. Members of the City Tree Board shall serve without compensation.

4. The duties and responsibilities or the Tree Board shall be as follows:

A. To prepare a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas and to update the same on an annual basis.


76

B. Such plan, as updated, shall be presented to the City Council on an annual basis for its consideration and upon its approval shall constitute the official “Comprehensive Tree Plan” for the City,

C. The City Tree Board shall be responsible for administering the “Comprehensive Tree Plan”.

D. Upon request of the Mayor or City Council, the City Tree Board shall consider, investigate, and report a recommendation as to any matter falling within their duties and responsibilities.

E. Shall establish three classes of trees: Small Trees, Medium Trees and Large Trees, and shall designate at least six species of tree within each category. List shall be known as the “Official Street Tree Species” for the City and shall be subject to approval by the City Council.

3-10-4 PLANTING RESTRICTIONS.

1. The spacing of Street Trees will be in accordance with the three species size classes established herein and no tree may be planted closer together than the following: Small Trees: 30 feet; Medium Trees: 40 feet; Large Trees: 50 feet; except in special plantings designed and approved in writing by a landscape architect.

2. The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three species size classes established herein and no tree may be planted closer to any curb or sidewalk than the following: Small Trees: 2 feet; Medium Trees: 3 feet; Large Trees: 4 feet.

3. No trees shall be planted in the area adjacent to a street corner formed by the nearest intersecting curb lines and a straight line connecting said intersecting curb lines at a point 35 feet distant along each curb line.

4. No Street Trees shall be planted closer than ten (10) feet to any fire hydrant.

5. No Street Trees, other than those species designated as Small Trees, may be planted under or within ten (10) feet of any overhead utility wire or over or within five (5) lateral feet of any underground water, sewer, transmission or other utility line.

6. All Street Trees shall be of sufficient size to warrant satisfactory results and withstand the abuse to which Street Trees may be subject.

7. All Street Trees shall have comparatively straight trunks, well-developed leaders and top and root characteristics of the species or variety showing evidence of proper nursery pruning. All trees must be free of insect, disease, mechanical injuries and other objectionable features at the time of planting. To compensate for any serious loss of roots, the top of the tree should be reduced by thinning or cutting back as determined by the growth characteristics of the tree species.

8. All trees now or hereafter planted in any street, avenue or highway, that interfere with the making of any improvements thereon, or with travel, or becomes dangerous, shall be removed by order of the City Council, and any tree planted in any street, avenue or highway shall be planted upon such condition and subject to removal.


77

3-10-5 TRIMMING RESTRICTIONS.

1. All dead and diseased wood shall be removed.

2. All limbs one inch in diameter or more must be precut to prevent splitting. All limbs or branches that might injure the tree or adjacent property, streets or sidewalks shall be lowered by ropes.

3. A crossed or rubbing branch shall be removed where practicable but removal shall not leave large holes in the general outline of the tree. Crossed or rubbing branches may be cabled apart.

4. All cuts, old or new, one inch in diameter or more, shall be painted with an approved tree wound dressing. On old wounds, only exposed wood shall be painted.

5. Where there is a danger of transmitting disease by tools, said tools shall be disinfected with alcohol before use on another tree.

6. The owner of the abutting property shall be responsible for trimming Street Trees on the adjacent parking and shall keep the Street Trees trimmed so that all branches shall be at least thirteen (13) feet above the surface of the street and at least ten (10) feet above the sidewalk.

7. The owner of the abutting property shall, upon twenty (20) days notice in writing, remove all dead, diseased, or dangerous trees, or broken or decayed limbs which constitute a danger to the public safety or property or constitute a nuisance.

8. It shall be unlawful to trim or cut in any manner, any tree in the street, avenue or highway or public place, unless such trimming or cutting shall be done under the personal supervision of the City Tree Board.

3-10-6 PUBLIC TREE CARE. The City shall have the right to plant, prune, maintain, and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the beauty of such public grounds. The City may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, power lines, gas lines, water lines, or other public improvements, or is infected with disease, insect or other pest, in the same manner as provided in Section 3-10-8, below.

3-10-7 TREE TOPPING. It shall be unlawful as a normal practice for any person, firm or City Department to top any tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the Tree Board. No topping shall occur without the prior consent of the City Tree Board.

3-10-8 DEAD OR DISEASED TREE REMOVAL. The City shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitutes a potential threat to other trees


78

within the city. The City Tree Board will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within twenty days after the date of service of the notice. In the event of failure of the owners to comply with such provisions, the City shall have the authority to remove such trees and assess the cost thereof to the property owner.

3-10-9 REMOVAL OF STUMPS. All stumps of Street and Park Trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

3-10-10 INTERFERENCE WITH THE CITY TREE BOARD. It shall be unlawful for any person to prevent, delay or interfere with the City Tree Board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing any trees on private grounds, as authorized in this ordinance.

3-10-11 TREE TRIMMERS.

1. Purpose. The purpose of this Section is to protect and preserve the public safety and well-being by issuing permits to tree trimmers and tree surgeons.

2. Tree Trimmer Defined. The words “tree trimmer” and “tree surgeon” as used herein shall mean any person, firm or corporation who solicits or performs the work of felling trees, or who cuts or trims any tree or limbs or branches of any tree, or who offers services in the diagnosis and treatment of disease of any tree, for a valuable consideration.

3. Permit Required. It shall be unlawful for any person to engage in the activity of tree trimmer as defined herein without a valid permit from the City.

4. Application, An application for a tree trimmer’s permit shall be made in writing to the City Clerk on forms furnished by the Clerk. The application shall include the applicant’s full name and address and if a corporation the names and addresses of its principal officers.

5. Insurance Required. Each applicant shall also have filed a certificate of insurance indicating that said applicant is carrying public liability insurance in effect for the duration of the permit covering the applicant and agents and employees of the applicant for the following amounts:

Personal Injury: $100,000.00 per personProperty Damage: $50,000.00

6. Permit Issued. Upon completion of the application, filing insurance certificate, and payment of the required fee, the Clerk shall issue a permit.

7. Public Safety. At all times when working with the City of Van Horne, the permit holder shall maintain adequate warning signs and by the use of barricades or otherwise shall take reasonable precautions to insure that no injury is done to persons or property.

8. Time Limit. No tree trimmer shall permit or allow any tree limbs, branches, clippings or other debris to remain upon any street or other public way for a period of more than four (4) hours without having first secured the written approval of the City.


79

9. Removal by the City. In the event any tree trimmer is found to be in violation of Section 8 above, the City is authorized to remove such material and assess the costs thereof against the permit holder and the surety on the permit holder’s bond.

10. The provisions of Section 6 requiring insurance shall not apply in the following cases:

A. Where the tree trimmer or tree surgeon does not cut or trim any trees within the City of Van Horne in excess of twenty (20) feet in height.

B. Where the tree trimmer or tree surgeon does not cut or trim any branches in excess of six (6) inches in diameter or any part of which is more than twenty (20) feet above the surface of the ground.

C. Where the tree to be cut or trimmed has been felled and is lying on the surface of the ground.

11. Each applicant for a permit shall, as a condition to the issuance of said permit, execute and deliver, in a form approved by the City, an agreement to indemnify and hold harmless the City from liability arising from services rendered by the applicant as a tree trimmer or tree surgeon.

12. Exemption. A City employee directed by the City Council or Mayor to trim a tree or trees shall be exempt from the requirements of this section.


80


CHAPTER 11 BURNING RESTRICTIONS

3-11-1 Purpose 3-11-3 Burning Prohibited3-11-2 Findings

3-11-1 PURPOSE. The purpose of this ordinance is to prohibit burning of all kinds in the City of Van Horne without authorization.

3-11-2 FINDINGS. The City Council of Van Horne, Iowa, has found that burning trash, refuse, and other types of burning without express authority, endangers property of other property owners in the City of Van Horne and that such burning should be restricted under the inherit powers granted to municipal governments.

3-11-3 BURNING PROHIBITED. Burning of all kinds other than within regularly designed furnaces, stoves, and like media, is prohibited with the following exceptions:

A. Charcoal fires within properly designed containers for cooking and camp stoves shall not be included within this prohibition.

B. Personal burn rings are allowed but shall be enclosed and can only burn untreated wood.

C. Where written consent of the city authorities is obtained, the burning shall be permitted to the extent authorized by the city officials, such permission to be obtained in writing and in advance of burning.

D. The City Council shall designate periods in the spring and fall during which the controlled burning of leaves will be allowed. Written permission for burning shall not be required during these periods. Burning may commence at 4:00 p.m. daily. Burning shall not take place on black-top surfaced roads.


81


CHAPTER 12 JUNK VEHICLES

3-12-1 Purpose3-12-2 Definitions3-12-3 Removal of Abandoned Vehicles3-12-4 Notification of Owners and Lienholders3-12-5 Impoundment Fees and Bonds3-12-6 Hearing Procedures3-12-7 Auction or Disposal of Abandoned Vehicles3-12-8 Junk Vehicles Declared a Nuisance3-12-9 Authority to Enforce3-12-10 Notice to Abate3-12-11 Duty of Owner to Remove or Repair 3-12-12 Hearing Procedures-Junk Vehicle3-12-13 Abatement by Municipality3-12-14 Collection of Cost of Abatement3-12-15 Exceptions3-12-16 Interference with Enforcement

3-12-1 PURPOSE. The purpose of this chapter is to protect the health, safety, and welfare of the citizens and safety of property of this city by providing for removal of abandoned motor vehicles and the elimination of the open storage of abandoned and junk motor vehicles and machinery except in authorized places.

3-12-2 DEFINITIONS. For the purpose of this chapter, the following terms are defined as follows:

1. "Abandoned vehicle" means any of the following:

(a) A vehicle that has been left unattended on public property for more than forty-eight hours and lacks current registration plates or two or more wheels or other parts which render the vehicle totally inoperable; or

(b) A vehicle that has remained illegally on public property for more than seventy-two hours; or

(c) A vehicle that has been unlawfully parked on private property or has been placed on private property without the consent of the owner or person in control of the property for more than twenty-four hours; or

(d) A vehicle that has been legally impounded by order of the Benton County Sheriff’s Department and has not been reclaimed for a period of thirty (30) days; or

(e) Any vehicle parked on the street determined by a peace officer to create a hazard to other vehicular traffic.


82

2. "Private property" means any real property within the city which is not public property as defined in this section.

3. "Public property" means any public right-of-way open for the purposes of vehicular travel.

4. A "junk vehicle" means any unlicensed vehicle stored within the corporate limits of the City of Van Horne, Iowa, and which has any one of the following characteristics:

(a) Any vehicle with a broken or cracked windshield, or window or headlight or any other cracked or broken glass.

(b) Any vehicle with a broken or loose fender, door or bumper or hood or door handle or window handle or steering wheel, trunk top or trunk handle or tail pipe.

(c) Any vehicle which has become the habitat of rats, mice, or snakes, or any other vermin or insects.

(d) Any vehicle which contains gasoline or any other flammable fuel.

(e) Any motor vehicle if it lacks an engine or two or more wheels or other structural parts which render said motor vehicle totally inoperable.

(f) Any other vehicle which, because of its defective or obsolete condition, in any other way constitutes a threat to the public health and safety.

5. "Vehicle" means every device in, upon, or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include without limitation a motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon, farm machinery, golf cart, ATV, snowmobile or any combination thereof.

3-12-3 REMOVAL OF ABANDONED VEHICLES.

1. A peace officer may, without prior notice or hearing, remove and impound any abandoned vehicle as defined in section 3-12-2 (1). The sheriff’s department may hire other personnel, equipment, and facilities for the purpose of removing, preserving, storing, or disposing of abandoned vehicles.

2. The impoundment and storage of all vehicles pursuant to this chapter shall be in such areas or places designated by the city council.

3. When a vehicle is taken into custody and impounded under the provisions of this chapter, the sheriff’s department shall maintain a record of the vehicle, listing the color, year of manufacture, manufacturer's trade name, body style, vehicle identification number, and license plate and year displayed on the vehicle. The records shall include the date and hour of tow, location towed from, location towed to, person or firm doing the towing, reason for towing, and the name of the officer authorizing the tow.


83

4. Nothing in this chapter shall govern the procedures of any peace officer in taking into custody and impounding any vehicle to be used or proposed to be used as evidence in a criminal case involving crimes other than violations of this chapter.

3-12-4 NOTIFICATION OF OWNERS AND LIENHOLDERS.

1. When a vehicle is taken into custody under the provisions of this chapter or under any provisions of state law, the sheriff’s department shall notify, within three days, by certified mail with five-days return receipt, the last known registered owner of the vehicle, all lienholders of record, and any other known claimant to the vehicle or to personal property found in the vehicle, addressed to their last known addresses of record, that the abandoned vehicle has been taken into custody. Notice shall be deemed given when mailed. The notice shall:

(a) Describe the year, make, model, and serial number of the vehicle.

(b) Describe the personal property found in the vehicle.

(c) Describe the location of the facility where the vehicle is being held.

(d) Inform the persons receiving notice:

(1) of their right to reclaim the vehicle and personal property within fourteen (14) days after the effective date of the notice;

(2) that the right can be exercised upon payment of all towing, preservation, notice, and storage charges resulting from placing the vehicle in custody;

(3) that failure of the owner or lienholders to exercise their right to reclaim the vehicle within the reclaiming period shall be deemed a waiver by the owner and all lienholders of all right, title, claim, and interest in the vehicle;

(4) that failure to reclaim the vehicle is deemed consent to the sale of the vehicle at a public auction or disposal of the vehicle to a demolisher.

(e) State that any person claiming rightful possession of the vehicle or personal property who disputes the planned disposition of the vehicle or personal property by the sheriff’s department or the assessment of fees and charges provided by this chapter may request a hearing to contest these matters in accordance with the provisions of section 3-12-6.

(f) State that a request for a hearing must be in writing and received by the department prior to the expiration of the fourteen (14) day reclaiming period.

(g) State that in the event a hearing is requested immediate release of the vehicle may be obtained by posting a cash bond as required by section 3-12-5.

2. The owner or any person receiving notice may, by written request received by the sheriff’s department prior to the expiration of the fourteen (14) day reclaiming period, obtain an additional fourteen days within which the vehicle may be reclaimed.


84

3. Notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned shall be sufficient to meet the requirements of this chapter. The published notice may contain multiple listings of abandoned vehicles but shall be published within the same time requirements and shall contain the same information as prescribed for mailed notice in this section. Published notice shall be used if:

(a) the identity of the last registered owner cannot be determined, or

(b) the registration contains no address for the owner, or

(c) it is impossible to determine with reasonable certainty the identity and address of all lienholders.

4. If the persons receiving notice do not request a hearing or exercise their right to reclaim the vehicle or personal property within the reclaiming period, the owner of the vehicle or owners of the personal property shall no longer have any right, title, claim, or interest in or to the vehicle.

5. No court in any case in law or equity shall recognize any right, title, claim, or interest of the owner and lienholders after the fourteen (14) day reclaiming period.

3-12-5 IMPOUNDMENT FEES AND BOND.

1. Before the owner or other person lawfully entitled to possession of any vehicle that has been impounded under the provisions of this chapter or any other provision of law may recover such vehicle, such person shall present to the sheriff’s department evidence of such person's identity and right to possession of the vehicle, shall sign a receipt for its return, and shall pay the costs of:

(a) an impoundment fee

(b) towing charges

(c) preservation charges

(d) storage charges

(e) notice charges

2. The amount of the charges specified in a-e above shall be actual costs plus 25%.

3. If a hearing is requested under section 3-12-4 (1)(e), the owner or person lawfully entitled to possession of the vehicle shall be permitted to secure the immediate release of the vehicle upon posting a cash bond in an amount equal to the sum of:

(a) the fees required by Sec. 3-12-5(1)

(b) the amount of the fine or penalty for each violation for which there is an outstanding or otherwise unsettled traffic violation notice or warrant.


85

3-12-6 HEARING PROCEDURES.

1. The registered owner, any lienholder of record, or duly authorized agents thereof, may object to the legality of the impoundment or the assessment of fees and request a hearing thereon. Request for a hearing after an impoundment shall be made in writing and received by the sheriff’s department prior to the expiration of the fourteen (14) day reclaiming period. No person shall be entitled to more than one hearing on each impoundment. The objector shall be informed of the reason for the impoundment and a hearing shall be held, without unnecessary delay, before the city council. Upon request of the objector, the hearing may be set for a later time and date.

2. At the hearing, the city council shall consider the objection, make a decision as to the legality of the impoundment and immediately notify the objector in writing of the decision. The decision shall state either of the following:

(a) That impoundment is authorized by law, an explanation for the basis of that decision, and an itemization of the charges assessed pursuant to 3-12-5(1). Any bond posted under 3-12-5(3) shall be applied to the satisfaction of the charges itemized by the hearing officer.

(b) That impoundment is not authorized by law, and if the vehicle has been impounded, that the vehicle will be released to the objector upon compliance with 3-12-5(1) and that all costs of removal, preservation, storage, and notification accruing through the fourth day after the hearing officer's decision are waived and will be paid by the city. All costs accruing thereafter shall be paid prior to recovery of the vehicle. Any bond posted under 3-12-5(3) shall be refunded, less any amounts for outstanding or unsettled traffic violations.

3. Failure of the objector to appear at the scheduled hearing shall constitute a waiver of the right to hearing and the bond shall be forfeited.

4. The only issue to be considered at the hearing shall be the validity of the determination that the vehicle is an abandoned vehicle. The hearing will not be determinative of or adjudicate any outstanding or unsettled traffic violation notice or warrant.

3-12-7 AUCTION OR DISPOSAL OF ABANDONED VEHICLES. The sheriff’s department shall follow the procedures in state law for the auction or disposal of abandoned vehicles.

3-12-8 JUNK VEHICLES DECLARED A NUISANCE. Except as hereinafter provided, it is hereby declared that the parking, leaving, or storage of a junk vehicle upon either public or private property within the corporate limits of the City of Van Horne, Iowa, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of section 657.1 of the Code of Iowa. If any junk vehicle is stored upon private property or public property in violation thereof, the owner of the property shall be liable for said violation.

3-12-9 AUTHORITY TO ENFORCE. The sheriff’s department, upon obtaining a search warrant, may enter upon private property for the purposes specified in this chapter to examine vehicles or parts thereof, obtain information as to the identity of vehicles, and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter.


86

3-12-10 NOTICE TO ABATE.

1. Whenever the sheriff’s department shall find a junk vehicle placed or stored on public or private property within the city in violation of 3-12-8, the department shall within ten (10) days notify, by certified mail with five-days return receipt, the following persons:

(a) the last known registered owner of the vehicle

(b) all lienholders of record

(c) the owner of the property

(d) the occupant of the property

2. The notice to abate shall:

(a) describe, to the extent possible, the year, make, model, and color of the vehicle

(b) describe the location of the vehicle

(c) state that the vehicle constitutes a nuisance under the provisions of this chapter

(d) state that the owner of the property shall remove or repair the said junk vehicle within ten (10) days

(e) state that any person ordered to abate a nuisance or condition may request, in writing, within the ten (10) day limit, a hearing to determine whether a nuisance or prohibited condition exists

(f) state that if the nuisance or condition is not abated as directed or if no request for a hearing is made within ten (10) days, the city will abate the nuisance and assess the costs against the property owner.

3. Notice shall be deemed given when mailed. If the notice is returned undelivered by the U.S. Post Office, action to abate the nuisance shall be continued to date not less than twenty-one days from the date of such return.

3-12-11 DUTY OF OWNER TO REMOVE OR REPAIR.

1. The owner of the property upon which a junk vehicle is stored in violation of the provisions of 3-12-8 shall within ten (10) days after receipt of the notice to abate from the sheriff’s department remove the motor vehicle or machinery to a lawful place of storage without the city limits, or repair the defects that cause such motor vehicle or machinery to violate the provisions of this chapter, including licensing in the case of a motor vehicle not currently licensed.

2. If a hearing is requested under 3-12-12, the duty of the owner to remove or repair the junk vehicle shall be suspended pending the decision.


87

3-12-12 HEARING PROCEDURES--JUNK VEHICLE.

1. Any person ordered to abate a nuisance or condition may request a hearing before the city council, or an official of the city designated by the city council, to determine whether a nuisance or prohibited condition exists.

2. A request for a hearing shall be made in writing and filed with the city clerk within the ten (10) day limit, or

(a) the right to a hearing shall be considered waived and

(b) it will be conclusively presumed that the nuisance or prohibited condition exists and it must be abated as ordered.

3. The city council shall, within fifteen days after the filing of the request for a hearing, fix the time and place of the hearing, which shall be within thirty days of the filing of the request.

4. At the conclusion of the hearing, the city council, or its designee, shall render a written decision as to whether a nuisance exists. If a nuisance is found to exist, it shall be ordered abated within a reasonable time.

5. The decision shall be final.

3-12-13 ABATEMENT BY MUNICIPALITY. If the person notified to abate a nuisance or condition neglects or fails to abate as directed, the city may perform the required action to abate, keeping an accurate account of the expense incurred. The itemized expense account shall be filed with the city clerk who shall pay such expenses on behalf of the municipality.

3-12-14 COLLECTION OF COST OF ABATEMENT. The clerk shall mail a statement of the total expense incurred to the property owner who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within one month, the clerk shall certify the costs to the county auditor and the costs shall then be collected with, and in the same manner, as general property taxes.

3-12-15 EXCEPTIONS. This chapter shall not apply to the following:

1. Any vehicle in an enclosed building on private property.

2. A vehicle on the premises of a business enterprise operated in a district properly zoned therefore, as authorized under the zoning ordinance of this city, when necessary to the operation of said business enterprise.

3. A vehicle in an appropriate storage space or depository maintained in a lawful place and lawful manner by this city.

4. Any vehicle used for racing at a sanctioned facility and used on a regular basis during the season. A regular basis shall mean at least once per month. Such vehicle shall conform with the following requirements:


88

(a) On a licensed trailer and covered (adequate to cover vehicle and non-transparent), and

(b) Stored in the rear yard of a residential district.

3-12-16 INTERFERENCE WITH ENFORCEMENT. No person shall interfere in any way with the enforcement provision of this chapter.


89

TITLE IV MENTAL AND PHYSICAL HEALTH

CHAPTER 1 RESERVED

4-1-1 Reserved

4-1-1 RESERVED.


90

TITLE V HUMAN DEVELOPMENT - EDUCATION AND CULTURE

CHAPTER 1 LIBRARY SERVICES

5-1-1 Public Library5-1-2 Library Trustees5-1-3 Qualifications of Trustees5-1-4 Organization of the Board5-1-5 Powers and Duties5-1-6 Power to Contract with Others for the Use of the Library5-1-7 Non-Resident Use of the Library5-1-8 Library Accounts5-1-9 Annual Report5-1-10 Recovery of Books5-1-11 Injury of Library Books

5-1-1 PUBLIC LIBRARY. There is hereby established a free public library for the city, to be known as the Van Horne Public Library.

5-1-2 LIBRARY TRUSTEES. The board of trustees of the Van Horne Public Library, hereinafter referred to as the board, consists of seven (7) members. All board members shall be appointed by the city council.

5-1-3 QUALIFICATIONS OF TRUSTEES. All of the members of the board shall have a Van Horne address and all shall be eighteen (18) or older.

5-1-4 ORGANIZATION OF THE BOARD.

1. Terms of office. All appointments to the board shall be for three (3) years, except to fill vacancies. Each term shall commence on July first. Appointments shall be made every two (2) years of one-third the total number as near as possible, to stagger the terms.

2. Vacancies. The position of any trustee shall be declared vacant if said trustee moves permanently from the city or if said trustee is absent from six (6) consecutive regular meetings of the board, except in the case of sickness or temporary absence from the city. Vacancies in the board shall be filled by the mayor, with the approval of the city council, and the new trustee shall fill out the unexpired term for which the appointment is made.

3. Quorum and Voting. All action by the board shall require a majority vote of the whole number of members appointed to the Board. The removal of the librarian, assistant, or employee, however, shall require a two-thirds vote of the Board.

4. Compensation. Trustees shall receive no compensation for their services.

5-1-5 POWERS AND DUTIES. The board shall have and exercise the following powers and duties:


91

1. To meet and elect from its members a president, a secretary, and such other officers as it deems necessary.

2. To have charge, with council approval, control and supervision of the public library, its appurtenances, fixtures and rooms containing the same.

3. To direct and control all the affairs of the library.

4. To employ a librarian, and authorize the librarian to employ such assistants and employees as may be necessary for the proper management of the library, and fix their compensation; provided, however, that prior to such employment, the compensation of the librarian, assistants and employees shall have been fixed and approved by the members of the board.

5. To remove by a two-thirds vote of the board the librarian and provide procedures for the removal of assistants or employees for misdemeanor, incompetency or inattention to duty, subject, however, to the provisions of Chapter 35C, Code of Iowa.

6. To select and make purchases, with council approval, 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. To authorize the use of the library by non-residents of the city and to fix charges therefor.

8. To make and adopt, amend, modify or repeal rules and regulations, not inconsistent with 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. Copies of such by-laws, rules, and regulations shall be posted in the library where they can be seen by the public.

9. To have control, with council approval, the expenditure of all funds allocated for library purposes by the city council, and of all monies available by gift or otherwise for the erection of library buildings, and of all other monies belonging to the library including fines and rentals collected, under the rules of the board.

10. To accept gifts, with council approval, of real property, personal property, or mixed property, and devises and bequests, including trust funds; to take the title to said property in the name of the library; to execute deeds and bills of sale for the conveyance of said property; and to expend the funds received by them from such gifts, for the improvement of the library.

11. To keep a record of its proceedings.

12. To enforce the performance of conditions of gifts, donations, devises and bequests accepted by the city. The board shall enforce performance by taking action against the city council.

13. To make and send to the council, on or before the twenty-fifth (25th) day of January in each year, an estimate of the amount necessary for the improvement, operation, and maintenance of the library for the coming fiscal year, the amounts expended for the like purposes foe the two preceding years and the amount of income expected for the next fiscal year from sources other than taxation.


92

5-1-6 POWER TO CONTRACT WITH OTHERS FOR THE USE OF THE LIBRARY.

1. Contracting. The board may contract with any other boards of trustees of free public libraries, any other city, school, corporation, private or semi-private 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. Such a contract between the board and a county shall supersede all contracts between the board and a township or school corporation outside of the cities or towns in the county. All of the contracts mentioned in this subsection shall provide for the rate of tax to be levied by the other city, or county library district.

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 (5) percent in number of electors who voted for governor in the territory of the 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 who is seeking to terminate the contract.

5-1-7 NON-RESIDENT USE OF THE LIBRARY. The board may authorize the use of the library by non-residents in any one or more of the following ways:

1. By lending the books or other materials of the library to non-residents on the same terms and conditions as to residents of the city.

2. By establishing depositories of library books or other materials to be loaned to non-residents.

3. By establishing bookmobiles or a traveling library so that books or other library materials may be loaned to non-residents.

4. By establishing branch libraries for lending books or other library materials to non-residents.

5-1-8 LIBRARY ACCOUNTS. All money appropriated by the city council from the general fund 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. The warrant writing officer is the city clerk.

5-1-9 ANNUAL REPORT. The board shall make a report to the city council immediately after the close of the municipal fiscal year. This report shall contain statements of the condition of the library, the number of books added thereto, the number circulated, the amount of funds collected, and the amount of money expended in the maintenance of the library during the year, together with such further information required by the city council.

5-1-10 RECOVERY OF LIBRARY BOOKS. If any book or other property of the library is retained by any person beyond the period provided for by the rules and regulations of the board and is not returned upon request of the librarian, the mayor, upon the request of the board, may issue an order for the proper law enforcement agency to recover the book or other property. This order shall be sufficient authority for any


93

policeman to take lawful possession of the book or the property and return the book or property to the librarian.

5-1-11 INJURY TO LIBRARY PROPERTY. Any person who willfully, maliciously, or wantonly tears, defaces, mutilates, injuries or destroys, in whole or in part, any newspaper, periodical, book, map, pamphlet, chart, picture or other property belonging to the library shall be deemed a municipal infraction as provided in Section 3-1-8.


94

TITLE VI PHYSICAL ENVIRONMENT

CHAPTER 1 BUILDING CODE

6-1-1 Purpose6-1-2 Prohibition6-1-3 Application for Permit6-1-4 Bond6-1-5 Building Construction -

Definition

6-1-6 Prohibition6-1-7 Application for Permit6-1-8 Fee for Building Permit6-1-9 Mayor Shall Issue Permit6-1-10 Violations - Penalty6-1-11 Penalty Not a Remedy

6-1-1 PURPOSE. The purpose of this Ordinance is to establish a code which will provide for the orderly and uniform construction of buildings and to provide a general building code for the City of Van Horne

6-1-2 PROHIBITION. No person, firms, or corporation shall move, cause to be moved, or engage in moving in, upon, along, or across any street or alley of the City of Van Horne, any building whatsoever, until all of the conditions and regulations as hereinafter provided shall have been fully complied with.

6-1-3 APPLICATION FOR PERMIT. At least three (3) days before such moving, the owner of such building or the person, firm, or corporation proposing to move the same shall make a written application to the Zoning Administrator for consent to move the same, specifically setting forth all details with respect to the size and construction of said building, the route to be taken during the moving thereof and any complications which might arise during the moving thereof.

6-1-4 BOND. Whenever, in the judgment of the Mayor, the property of the City or of any person within the city limits shall be placed in danger by reason of moving any building, the Mayor in his or her discretion may require the applicant to furnish and file a good and sufficient bond in a sum of not less than one hundred dollars ($100.00) not more than one thousand dollars ($1,000.00) with such sureties to be approved by the Mayor, conditioned that the applicant will pay for any damages caused to the City or any person or property located therein by the moving of any building as applied for by the applicant.

6-1-5 BUILDING CONSTRUCTION - DEFINITION. For the purposes of this Chapter, the word “construction” shall mean any new construction of any building, or any remodeling of any building so that the expense thereof exceeds fifty (50) percent of the value thereof prior to remodeling, or any construction or remodeling which alters in any way the previous exterior walls of any building.

6-1-6 PROHIBITION. No person, firm, or corporation shall construct any building in the City of Van Horne without first having obtained a building permit under this Ordinance.

6-1-7 APPLICATION FOR PERMIT. At least fifteen (15) days prior to the commencement of any proposed construction, the owner of or the person in charge of such proposed construction shall make a written application for a building permit, stating therein the type of proposed construction, the area involved, the place of such construction, and the estimated costs involved, excluding the cost of real estate. Such application shall also contain a blueprint or drawing of the proposed construction, including the construction location in relation to the lot lines and any adjacent building, and such application shall be filed with the Zoning Administrator.

6-1-8 FEE FOR BUILDING PERMIT. The fee shall be set by Council resolution.


95

6-1-9 MAYOR SHALL ISSUE PERMIT. Upon approval of the Zoning Administrator, the Mayor shall issue a written permit for such construction, which permits shall be numbered consecutively from the effective date of this Ordinance (June 21, 1967).

6-1-10 VIOLATIONS - PENALTY. Any and all persons, firms, or corporations who shall violate any of the provisions of this Ordinance or fail in any way to comply therewith, or who shall not comply with any part hereof, shall severally for each and every violation and noncompliance be fined not more than one hundred dollars ($100.00) or shall be imprisoned in the County Jail for not more than thirty (30) days.

6-1-11 PENALTY NOT A REMEDY. The imposition of one penalty for any violation of this Ordinance shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time.


96


CHAPTER 2 UTILITIES - SANITARY SYSTEM

6-2-1 Definitions6-2-2 Use of Public Sewers Required6-2-3 Private Sewage Disposal6-2-4 Building Sewers and Connections

6-2-5 Use of the Public Sewers6-2-6 Protection from Damage6-2-7 Powers and Authority to Inspectors6-2-8 Penalties

6-2-1 DEFINITIONS. Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:

1. "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 C, expressed in milligrams per liter.

2. "Building Drain" shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (l.5 meters) outside the inner face of the building wall.

3. "Building Sewer" shall mean the extension from the building drain to the public sewer or other place of disposal.

4. "Combined Sewer" shall mean a sewer receiving both surface runoff and sewage.

5. "Garbage" shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sales of produce.

6. "Industrial Wastes" shall mean the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

7. "Natural Outlet" shall mean any outlet into watercourse, pond, ditch, or other body of surface or groundwater.

8. "Person" shall mean any individual, firm, company, association, society, corporation, or group.

9. "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

10. "Properly Shredded Garbage" shall mean the waste from the preparation, cooking, dispensing of food that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (l/2) inch (l.27 centimeters) in any dimension.

11. "Public Sewer" shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

12. "Sanitary Sewer" shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.


97

13. "Sewage" shall mean a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwaters as may be present.

14. "Sewage Treatment Plant" shall mean any arrangement of devices and structures used for treating sewage.

15. "Sewage Works" shall mean all facilities for collecting, pumping, treating, and disposing of sewage.

16. "Sewer" shall mean a pipe or conduit for carrying sewage.

17. "Sludge" shall mean any discharge of water, sewage, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation.

18. "Storm Drain" (sometimes termed "storm sewer") shall mean a sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes other than unpolluted cooling water.

19. "Superintendent" shall mean the City Superintendent of the City of Van Horne or the superintendent's authorized deputy, agent, or representative.

20. "Suspended Solids" shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

21. "Watercourse" shall mean a channel in which a flow of water occurs, either continuously or intermittently.

6-2-2 USE OF PUBLIC SEWERS REQUIRED.

1. It shall be unlawful for any person to place, deposit, or permit to be deposited in any unsanitary manner on public or private property within the City or in any area under the jurisdiction of said city, any human or animal excrement, garbage, or other objectionable waste.

2. It shall be unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of said City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this ordinance.

3. Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage.

4. The owner of any house, building, or property used for human occupancy, employment, recreation, or other purposes, situated within the City and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the City, is hereby required at such owner's expense to install and maintain suitable toilet facilities therein, and to connect and maintain such facilities directly with the proper public sewer in accordance with the provisions of this ordinance, provided that said public sewer is within one hundred fifty (150) feet of the property line. Billing for sanitary sewer service shall begin the date of official notice to connect to the public sewer. The city shall own and the homeowner shall maintain the sewer facilities from the main to the property line. The homeowner shall own and maintain the sewer facilities from the property line to the structure served.


98

It shall be the responsibility of the property owner to pay for all new sewer line installations and repairs to the sewer main.

The Superintendent of Public Utilities is hereby authorized by the City to enforce Title 6 of the Van Horne Code of Ordinances. If the Superintendent of Public Utilities orders anyone to stop construction of a sewer line and they refuse to follow directions, they will be issued a civil citation for a municipal infraction of this Code.

6-2-3 PRIVATE SEWAGE DISPOSAL

1. Where a public sanitary or combined sewer is not available under the provision of 6-2-2(4), the building sewer shall be connected to a private sewage disposal system complying with the provisions of this section.

2. Before commencement of construction of a private sewage disposal system the owner shall first obtain a written permit signed by the Superintendent. The application for such permit shall be made on a form furnished by the City, which the applicant shall supplement by any plans, specifications, and other information as are deemed necessary by the Superintendent.

3. A permit for a private sewage disposal system shall not become effective until the installation is completed to the satisfaction of the Superintendent. The Superintendent shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the Superintendent when the work is ready for final inspection, and before any underground portions are covered. The inspection shall be made within 72 hours of the receipt of notice by the Superintendent.

4. The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Natural Resources of the State of Iowa and the County Health Department. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than 1,500 square feet. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

5. At such times as a public sewer becomes available to a property served by a private sewage disposal system, as provided in 6-2-3(4), a direct connection shall be made to the public sewer in compliance with this ordinance, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material.

6. The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times, at no expense to the City.

7. No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the County Health Officer.

8. When a public sewer becomes available, the building sewer shall be connected at the building owner's expense, to said sewer within sixty (60) days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.

6-2-4 BUILDING SEWERS AND CONNECTIONS.


99

1. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendent.

2. The owner or the owner's agent shall make application on a special form furnished by the City for sewer connections. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the Superintendent. All application fees as specified in Section 6-3-6 shall be paid to the City at the time of application submission.

Before a permit may be issued for excavating for plumbing in any public street, way or alley, the person applying for such permit shall have executed unto the City of Van Horne and deposited with the City Clerk a corporate surety in the sum of ten thousand dollars ($10,000.00) conditioned that the applicant will perform faithfully all work with due care and skill, and in accordance with the laws, rules and regulations established under the authority of any ordinances of the City of Van Horne pertaining to plumbing. This bond shall state that the person will indemnify and save harmless the City of Van Horne and the owner of the premises against all damages, costs, expenses, outlay and claims of every nature and kind arising out of unskillfulness or negligence on the applicant's part in connection with plumbing or excavating for plumbing as prescribed in this ordinance. Such bond shall remain in force and must be executed for a period of two (2) years except that on such expiration it shall remain in force as to all penalties, claims and demands that may have accrued thereunder prior to such expiration.

3. All cost and expense incident to the installation and connection 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.

4. A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer.

5. Old building sewers may be used in connection with new building sewers only when they are found, upon examination and testing by the Superintendent, to meet all requirements of this ordinance. The Superintendent may require that the old sewer be excavated for the purpose of facilitating inspection. No old cesspool or septic tank shall be connected to any portion of a building sewer that is also connected to the public sewer. Cesspools and septic tanks shall be located, and drained in a manner approved by the Superintendent and removed or filled with sand, crushed rock or any other solid material approved by the Superintendent, except as exempted by the Superintendent.

6. The building sewer shall be constructed in accordance with applicable portions of the last published (State Plumbing Code of Iowa), applicable specifications of the American Society for Testing and Materials (ASTM) and applicable portions of the Water Pollution Control Federation (WPCF) Manual of Practice No. 9."

(a) Each connection to the public sewer shall be made to the fittings designated for that property. If a fitting in the public sewer is not available for the designated property, the connection shall then be made under the direct supervision of the Superintendent. Connections to the public sewer not made to an existing wye or tree shall be made by a hole cutter or careful chisel cutting. The connection shall be rendered water and gas tight, by use of rubber gaskets. The building sewer shall not protrude into the public sewer.

(b) All building sewers shall be constructed of the following materials conforming to the indicated standards:


100

Vitrified Clay Pipe VCP

(1). Pipe and Fittings - ASTM C-700 "Standard Specification or Vitrified Clay Pipe, Extra Strength, Standard Strength and Perforated."

(2). Coupling and Joints - ASTM C-425 "Standard Specification for Compression Joints for Vitrified Clay Pipe and Fittings".

Extra Heavy Cast Iron Soil Pipe

(1). Pipe and Fittings - ASTM A-74 "Standard Specification for Cast Iron Soil Pipe and Fittings."

(2). Joints - ASTM C-564 "Standard Specification for Rubber Gaskets for Cast Iron Soil Pipe and Fittings."

Polyvinyl Chloride (PVC) and joints shall be installed according to the manufacturers' recommendations and shall conform to:

(1). Pipe - A.S.T.M. D-3034, "Type P.S.M. Poly (PVC) and Fittings."

Minimum wall thickness:

4" - 0.125" 6" - 0.180" 8" - 0.240" 10" - 0.300"

(2). Joints - A.S.T.M. D-1869, A.S.T.M. D-1312, "Flexible Elastomeric Seals."

(c) No building sewer for residential or commercial buildings shall be less than four inches in diameter. No building sewer for industries or multiple dwellings shall be less than six inches in diameter.

(d) Unless otherwise authorized, all building sewers shall have a grade of not less than one - eighth (l/8) inch per foot. A grade of one-fourth (l/4) inch per foot shall be used wherever practical.

(e) All excavation shall be open trench work unless authorized by the Superintendent. The foundation in the trench shall be formed to prevent any subsequent settlement of the pipes. If the foundation is good firm earth, the earth shall be pared or molded to give a full support to the lower quadrant of each pipe. Bell holes shall be dug. Where the floor of the trench is of hard or rocky material, the trench shall be excavated to four inches below the pipe and brought back to the proper grade with gravel, course sand or similar material so as to provide a firm foundation and uniform support for the building sewer line. Backfilling shall be placed in layers and solidly tamped or packed up to two feet above the pipe. Back-filling shall not be done until final inspection is made by the Superintendent. Building sewers shall be laid straight at uniform grade between connections or fittings.

(f) Cleanouts shall be provided for each change in direction or grade if the change exceeds 45 degrees and at least every 100 feet.


101

7. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. The depth shall be sufficient to afford protection from frost. All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the said Superintendent. Pipe laying and backfill shall be performed in accordance with A.S.T.M. Specification (Designation C12). No backfill shall be placed until the work has been inspected by the Superintendent or the Superintendent's representative. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.

8. No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.

9. The connection of the building sewer into the public sewer shall conform to the requirements of the plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation.

10. Each and every part of the building sewer shall be inspected and approved by the Superintendent before being concealed or back-filled. The applicant for the building sewer permit shall notify the Superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Superintendent or the Superintendent's representative.

11. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.

12. The City shall, in no event, be held responsible for claims made against it by reason of the breaking of any mains or service pipes, or by reason of any other interruption of the service caused by the breaking of machinery or stoppage for necessary repairs; and no person shall be entitled to damages nor have any portion of a payment refunded for any interruption.

13. The premises receiving sanitary sewer service, shall at all reasonable hours, be subject to inspection by duly authorized personnel of the City.

14. The Owner of the property served by a building sewer shall be responsible for the operation, maintenance, repair, blockage, surface replacement, and any damage resulting from operation, maintenance repair and blockage of said building sewer, from the point of connection with the building drain to the Public Sewer.

6-2-5 USE OF THE PUBLIC SEWERS

1. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, including interior and exterior foundation drains, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. Applications may be canceled and/or sewer service discontinued by the City for any violation of any rule, regulation or condition of service, and especially for any of the following reasons:


102

(a) Misrepresented in the application as to the property or fixtures to be serviced by the sanitary sewer system.

(b) Non-Payment of bills.

(c) Improper or imperfect service pipes and fixtures, or failure to keep same in suitable state of repair.

2. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the 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.

3. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

(a) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid, or gas.

(b) Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer.

(c) Any waters or wastes having a ph lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

(d) Solid or viscous substances in quantities of such size capable of causing obstruction to the flow of sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

(e) Any water or wastes having (l) a 5-day bio-chemical oxygen demand greater than 300 parts per million by weight, or (2) containing more than 350 parts per million by weight, or suspended solids, or (3) having an average daily flow greater than 2 percent of the average sewage flow of the City, shall be subject to the review of the 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 (l) reduce the biochemical oxygen demand to 300 parts per million by weight, or (2) reduce the suspended solids to 350 parts per million by weight, or (3) control the quantities and rates of discharge of such waters or wastes. Plans, specifications, and any other pertinent information relating to proposed preliminary treatment facilities shall be submitted for the approval of the Superintendent and no construction of such facilities shall be commenced until said approvals are obtained in writing.

4. No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the 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


103

relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

(a) Any liquid or vapor having a temperature higher than one hundred fifty (150) F (65 C).

(b) Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred fifty (150 F) (0 and 65 C).

(c) Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths (3/4) horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the Superintendent.

(d) Any waters or wastes containing strong acid iron pickling wastes, or concentrated plating solutions whether neutralized or not.

(e) Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances, or wastes exerting an excessive chlorine requirement, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Superintendent for such materials.

(f) Any waters or wastes containing phenols or other taste-or-odor-producing substances, in such concentrations exceeding limits which may be established by the Superintendent as necessary after treatment of the composite sewage, to meet with requirements of the State, Federal, or other public agencies with jurisdiction for such discharge to the receiving waters.

(g) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Superintendent in compliance with applicable State or Federal regulations.

(h) Any waters or wastes having a pH in excess of 9.5.

(i) Materials which exert or cause:

(1) Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).

(2) Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).

(3) Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.

(4) Unusual volume of flow or concentration of waters constituting "slugs" as defined herein.

(j) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage


104

treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

5. If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in 6-2-5(4), and which in the judgment of the 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:

(a) Reject the wastes,

(b) Require pretreatment to an acceptable condition for discharge to the public sewers.

(c) Require control over the quantities and rates of discharge, and/or

(d) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provision of 6-2-5(10) of this article.

If the 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.

6. Grease, oil, and sand interceptors shall be provided when, in the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection.

7. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at the owner's expense.

8. When required by the 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.

9. All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty-four (24) hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from 24 hour composite of all outfalls where pH's are determined from periodic grab samples).


105

10. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment, therefore, by the industrial concern.

6-2-6 PROTECTION FROM DAMAGE.

1. No unauthorized person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct.

6-2-7 POWERS AND AUTHORITY TO INSPECTORS.

1. The Superintendent and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this ordinance. The Superintendent or the Superintendent's representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

2. While performing the necessary work on private properties referred to in 6-2-7(1), the Superintendent or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by the City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in 6-2-5(8).

3. 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.

6-2-8 PENALTIES.

1. Any person found to be violating any provision of this ordinance except 6-2-6 shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

2 Any person violating any of the provisions of this ordinance is liable to the City for any expense, loss, or damage occasioned the City by reason of such violations.


106


CHAPTER 3 UTILITIES - SEWER RATES

6-3-1 Purpose6-3-2 Definitions6-3-3 User Charge System Established6-3-4 Actual Use Rate Structure

6-3-5 Billing Cycle6-3-6 User Charge System Review6-3-7 User Charge System to Take Precedence

6-3-1 PURPOSE. It is determined and declared to be necessary to the protection of the health, safety, welfare and convenience of the City to collect charges from all contributors to the wastewater collected at the City’s treatment works now or in the future. The proceeds of such charges so derived will be used for the purpose of operating, maintaining and retiring debt for such public wastewater treatment works.

6-3-2 DEFINITIONS. Unless the context specifically indicates otherwise, the meaning of the terms used in this ordinance shall be as follows:

1. “Operation and Maintenance” shall mean all expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and maintaining the treatment works to achieve the capacity and performance for which such works were designed and constructed.

2. “Replacement” shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed. The term “Operation and Maintenance” includes replacement.

3. “Treatment Works” shall mean any devices and systems for the storage, treatment, recycling and reclamation of municipal sewage, domestic sewage, or liquid industrial waste. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power and other equipment and their appurtenances; extensions improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost, and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined storm water and sanitary sewer systems.

4. “Useful Life” shall mean the estimated period during which a treatment works will be operated.

5. “User Charge” shall mean that portion of the total wastewater service charge, which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the wastewater treatment works.

6-3-3 USER CHARGE SYSTEM ESTABLISHED. The user charge system shall generate adequate annual revenues to pay costs of annual operation and maintenance including replacement and costs associated with debt retirement of bonded capital associated with financing the treatment works which the City may, by ordinance, designate to be paid by the user charge system. The total user charge shall be divided into a portion designated for


107

operation and maintenance including replacement of the treatment works and a portion adequate to pay the debt service for the treatment works. This ordinance shall establish those portions of the total user charge and shall describe a system for allocating said charges between active and non-active users of the system.

1. Operation and Maintenance Portion of the User Charge. That portion of the total user charge collected which is designated for operation and maintenance including replacement purposes as established in Section 6-3-4, shall be deposited in a separate non-lapsing fund known as “Operation, Maintenance and Replacement Fund” and will be kept in two primary accounts as follows:

A. An account designated for the specific purpose of defraying operation and maintenance costs (excluding replacement) of the treatment works. This account shall be called Operation and Maintenance Account. ($4,000.00)

B. An account designated for the specific purpose of ensuring replacement needs over the useful life of the treatment works. This account shall be called Replacement Account. Deposits in the replacement account shall be made at least quarterly from revenue in the amount of ($15,000.00) annually.

2. Fiscal year-end balances in the operation and maintenance account and the replacement account shall be carried over to the same amounts in the subsequent fiscal year, and shall be used for no other purposes than those designated for these accounts. Moneys, which have been transferred from other sources to meet temporary shortages in the operation, maintenance and replacement fund shall be returned to their respective accounts upon appropriate adjustment of the user charge rates for operation, maintenance and replacement. The user charge shall be adjusted such that transferred moneys will be returned to respective accounts within the fiscal year following the fiscal year in which the moneys were borrowed.

6-3-4 ACTUAL USER RATE STRUCTURE.

1. Each user shall pay for services provided by the City based on use of the treatment works as determined by water meters acceptable to the City and as described and set forth below and on the Sanitary Sewer User Fee Worksheet as amended by the City.

Minimum Charge: $11.07 monthly for 1st 1,700 gallons for all users

Additional Gallon Charge: $7.31 per each 1,000 gallons or fraction thereafter for all users

These rates shall increase 3% per year on July 1, 2009 and each July 1st thereafter.

2. Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the City treatment works, or any user which discharges any substance which is singly or by interaction with other substances causes identifiable in the cost of operation, maintenance and replacement of the treatment works, shall pay for the increase costs. The charge to each such user will be as determined by the responsible plant operating personnel and approved by the City Council.

3. The user charge rates established in this ordinance shall apply to all contributors, whether residential, commercial, industrial, agricultural or other type of user, of the treatment works, regardless of their location.

6-3-5 BILLING CYCLE. All users shall be billed monthly or twelve (12) times each year. If any account is not paid within fifteen (15) days from the end of any given period, the account shall be delinquent. When any bill is thirty (30) days in default, rendition of water and/or sewer service to such premises shall be discontinued until


108

such bill is paid following due notice and opportunity for hearing. The City shall also have all other rights of action under applicable law concerning the collection of past due open accounts and assessment of the past due amounts, plus related costs, for collection in the same manner as property taxes pursuant to Iowa Code 358.20.

6-3-6 USER CHARGE SYSTEM REVIEW.

1. The City will review the user charge system every year and revise user charge rates as necessary to ensure that the system generates adequate revenue to pay the costs of operation, maintenance and replacement and that the system continues to provide for the proportional distribution of operation, maintenance and replacement costs among users and any user classes.

2. The City will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation, maintenance and replacement of the treatment works.

6-3-7 USER CHARGE SYSTEM TO TAKE PRECEDENCE. This user charge system enacted with this ordinance takes precedence over any terms or conditions of agreements or contracts between the City and users (including industrial users, special districts and other municipalities) which are inconsistent with the requirements of the paragraph 567 IAC 92.10 (2) b and CFR 35.2140 dated February 17, 1984.


109


CHAPTER 4 UTILITIES - WATERWORKS

6-4-1 Control and Committee Appointment6-4-2 Superintendent6-4-3 Applicability of Rules, Regulations,

and Rates6-4-4 Supply from Tap6-4-5 User Responsibilities6-4-6 No Claims Against City6-4-7 Right to Suspend Use6-4-8 Fire Hydrants6-4-9 Testing and Inspections6-4-10 Tapping of Water6-4-11 Flushing Required6-4-12 Report Shut Offs6-4-13 Adherence to Current Standards6-4-14 Pipe Laying Regulations6-4-15 Connection to Mains6-4-16 Corporation Cock Required6-4-17 Stop Cocks Required6-4-18 Covering of Curb Cock

6-4-19 Inspection by Superintendent Required6-4-20 Excavating in Streets6-4-21 Stop and Waste Cocks6-4-22 Check Valves6-4-23 Meters and Rates6-4-24 Bills Due6-4-25 Appeal Process6-4-26 Application Required6-4-27 Violation is a Misdemeanor6-4-28 Meter Testing6-4-29 Maintenance and Service to be Done by

City6-4-30 Meter Replacement6-4-31 Meters for New Service6-4-32 Billing Procedure6-4-33 Water Main Connection Fee6-4-34 Penalty6-4-35 Well Protection6-4-36 Water Conservation Program6-4-37 Bulk Water Rates for Non-Residents

6-4-1 CONTROL AND COMMITTEE APPOINTMENT. The waterworks shall be under the control of the Council. The Mayor shall appoint a committee of three (3) members of the Council to be known as the Waterworks Committee, to have supervision over the waterworks, subject to the control of the entire Council.

6-4-2 SUPERINTENDENT. The Council shall hire a person to be known as the Superintendent of Waterworks, who shall have general supervision over the waterworks, operate same, and perform all other duties necessary to operate the plant, subject to the supervision of the Council.

6-4-3 APPLICABILITY OF RULES, REGULATIONS, AND RATES. The rules, regulations and water rates named or hereinafter adopted, shall be a part of the contract with every person, firm, or corporation, supplied with water by the water system and such person, firm, or corporation, by taking water, shall by so doing express their consent to be bound thereby, and whenever any of the rules and regulations are violated, the Superintendent shall cut off the supply of water from the property when such violation occurred, even though two (2) or more parties may receive a supply of water through the same service pipe and the water shall not be turned on except upon payment of all charges for shutting off and turning it on. City will own and maintain water line from main to and including shut off. Customer will own and maintain water line from shut off to building.

6-4-4 SUPPLY FROM TAP. Not more than one (1) house or building shall be supplied from one (1) tap, except by special permission by a majority of the Waterworks Committee and the installation of a meter at such a place as the Superintendent shall designate.


110

6-4-5 USER RESPONSIBILITIES. All persons taking water shall keep their service pipes, stop and waste cocks, and apparatus in good repair at their own risk and expense, and prevent unnecessary waste of water.

6-4-6 NO CLAIMS AGAINST CITY. No claim shall be made against the City by reason of the breaking of any service cock or, if from any cause the supply of water should fail, or from damage arising from the shut off of the supply of water to repair the mains, make connections or extensions, or from any other purpose that may be deemed necessary. The right is reserved to cut off the supply of water at any time, notwithstanding any permit granted to the contrary.

6-4-7 RIGHT TO SUSPEND USE. The right is reserved to suspend the use of hose and fountains or sprinkling streets, lawns, yards, and gardens whenever, in the opinion of the Superintendent or Council, such action is necessary.

6-4-8 FIRE HYDRANTS. No fire fighter or other person, except for the purpose of extinguishing a fire or upon drill, shall open any fire hydrant or stop cock connected with fire service, without the written consent of the Superintendent.

6-4-9 TESTING AND INSPECTIONS. The Superintendent may, at any time, test and/or inspect any service pipe now or hereafter laid, and if it fails to hold a water or air pressure of eighty (80) pounds per square inch, then such pipe shall be condemned for use.

6-4-10 TAPPING OF WATER. No person except the tappers having permits from the Superintendent, will be permitted under any circumstances, to tap the water in any service pipe, except by permission of the Superintendent. This rule shall not be construed to prevent any plumber from admitting water to test pipes and for that purpose only.

6-4-11 FLUSHING REQUIRED. Service pipes must be thoroughly flushed before meters are attached and space left and prepared in an approved location for the attachment of meters and connections.

6-4-12 REPORT SHUT OFFS. Any person shutting off water from any property except for a few day’s repairs, shall report to the Superintendent in writing.

6-4-13 ADHERENCE TO CURRENT STANDARDS. All service pipes hereafter connected with the water mains shall be of currently recognized standards for such construction. All service pipes now in use which are now or may hereafter become out of repair shall not be repaired in any other manner or with any other material that that therein provided to be used in connecting and constructing new service pipes. All service pipes must be capable of sustaining an internal pressure of not less than eighty (80) pounds of pressure per square inch. All service pipes shall have an extra length of at least eighteen (18) inches for a gooseneck.

6-4-14 PIPE LAYING REGULATIONS. All service pipes must be laid at least five (5) feet deep and must be laid sufficiently waving to prevent rupture by settlement.

6-4-15 CONNECTION TO MAINS. Taps to water mains shall be no larger than those currently recognized as standard for such construction. Where larger connections are desired, two (2) or more small taps may be used. All taps in mains shall be made on the upper half of the pipe, at least eighteen (18) inches apart and on opposite sides of the pipe. No main shall be tapped nearer than six (6) inches to the joint. The brass ferrules or nipple tapped into the main shall be one-eighth (1/8) inch smaller than the service pipe therefrom.


111

6-4-16 CORPORATION COCK REQUIRED. A corporation cock shall be inserted in every tap on the water mains, the corporation tap to be of pattern and weight approved by the Superintendent.

6-4-17 STOP COCKS REQUIRED. There shall be a stop cock in every service connection to the main, lateral or extension service supply, in streets within the parking near the sidewalk line, and in alleys within one (1) foot of the alley line. The stop cock to be used for service from one-fourth (1/4) inch to two (2) inches is the inverted key curb cock known as the approved pattern, provided with “T” handle and of weight approved by the Superintendent.

6-4-18 COVERING OF CURB COCK. The curb cock shall be covered by a three (3) inch extension stop box of the approved pattern, extending to slightly above grade and provided with a tight-fitting iron cover with the word “water” or the letter “W” cast on the cover. A piece of pipe attached to the curb box by a screw thread shall extend up inside the stop box and be of sufficient length and diameter so as to admit for ready operation of cock by insertion street key.

6-4-19 INSPECTION BY SUPERINTENDENT REQUIRED. Before any pipe is covered, it shall be open to inspection by the Superintendent from the main to the meter and shall, at the option of the Superintendent, be subject to an air or water pressure test of eighty (80) pounds per square inch. The pipe, if it fails to hold the pressure, may be rejected by the Superintendent. In case any service pipe after leaving the meter shall fail to hold a pressure of eighty (80) pounds per square inch, either air or water pressure to be used, then it may be rejected by the property owner or the Superintendent.

6-4-20 EXCAVATING IN STREETS. This section will apply to the construction of new water line to property. Persons connecting to city water line for the first time will pay for installation of water line.

6-4-21 STOP AND WASTE COCKS. There shall be a stop and waste cock of pattern and weight approved by the Superintendent attached to every service pipe, at the point where it enters the building, inside the same, so as to permit the water from being shut off in freezing weather and the pipes and meter drained. If the city performs this service for a customer, customer will pay a service charge of twenty-five dollars ($25.00).

6-4-22 CHECK VALVES. If a meter is placed on a pipe connected with a boiler or other hot water apparatus, a check valve must be placed between such meter and such boiler or other hot water apparatus to protect such meter from back pressure of steam or hot water.

6-4-23 METERS AND RATES.

A. All water shall be sold by meter and before the water is turned on in any service, a meter shall be placed on the service by the Superintendent. Whenever a meter is found to be out of order, the Superintendent shall repair the same at the expense of the City.

B. All customers not owning their property shall deposit one hundred twenty five dollars ($125.00) with the City Clerk before they are served with water. All customers owning their property shall deposit one hundred dollars ($100.00) with the City Clerk before they are served with water. The water can only be turned on by the City Water Superintendent after the deposit has been made with the City Clerk. Said deposit shall be refunded to the customer when water service is discontinued and all bills are paid in full. It will be the responsibility of the customer to furnish a forwarding address to the City Clerk.

C. All water meters shall be furnished by the City and be of standard make and style to be approved by the Superintendent. The location of the water meter shall not be changed without written


112

permission of the Superintendent. All water passing through a meter shall be charged and paid for whether or not it is used.

Residents and businesses shall have the following options which will be in addition to their regular water meter:

1. The city will rent a portable water meter with garden hose attachments for a fee established by resolution of the city council. Water running through the portable meter will be billed in 100 gallon increments with a 100 gallon minimum usage fee and debt reduction fee. There will be no sewer charge on this meter.

2. Customers may purchase a portable water meter from the city. This meter will be attached to the outside of the house or building for meter reader access. This meter can only be used for water that does not go into the sanitary sewer system and can only be used for five months of the year, April, May, June, July and August. There will be a reconnect fee charged at the beginning of each summer. Water running through the portable meter will be billed in 100 gallon increments with a 100 gallon minimum usage fee and debt reduction fee. There will be no sewer charge on this meter.

3. The city will sell to the customer a second water meter which will be used only for water that does not go into the sanitary sewer system. Customer will pay all minimum charges and debt reduction fees on these meters but will not pay sewer charges. Customer is responsible for permanent installation of the meter. City will have the right to inspect at all reasonable times. Water running through the portable meter will be billed in 100 gallon increments with a 100 gallon minimum usage fee and debt reduction fee. There will be no sewer charge on this meter.

The rate to be paid for water shall be based upon the monthly consumption measured by each meter. Said rate is set at nine and 95/100 dollars ($9.95) for the first 1,700 gallons and this will be the minimum monthly charge. The rate shall be six dollars ($6.00) per 1,000 gallons for water usage over 1,700 gallons. Water rates shall increase 3% per year on July 1, 2009 and each July 1st thereafter.

D. A flat fee of $10.00 shall be charged each month to each water meter and this fee shall be added to the utility bill and collected therewith. This flat fee shall be used for debt reduction of the utility system indebtedness of the city.

6-4-24 BILLS DUE. A penalty of $5.00 will be added to each monthly water bill if the bill is not paid in full by the 15th of each month. All water bills not paid by 12:00 noon of the 20th day of each month shall be deemed delinquent and the Superintendent shall shut off the water supply until the delinquent bill is paid in full together with the reconnect fee, as set by resolution of the city council, for turning the water off and on, and same shall be added to the water bill of said customer. Water service shall not be turned on after hours and the city superintendent cannot collect money. If any such charge is not paid, the same shall constitute a lien upon the premises served by said municipal water collection system, which said lien shall be collected in the same manner as taxes.

6-4-25 APPEAL PROCESS. A customer shall have the right to appeal the shut off of water due to the provisions of Section 6-4-24 (bills due on the 15th and water service disconnected on the 20th with a reconnection fee, as set by resolution of the city council). Said appeals shall be filed with the City Clerk by the 25th day of the month. Water service shall be turned back on following the filing of said appeal with the City Clerk. The service shall be left on between the date said appeal was filed and the date of appeal hearing. Said appeal hearing shall be held during the next regular city council meeting.


113

The appellant may make themselves heard during said hearing. Following the hearing, the council shall decide whether water service shall be left on or be turned off until all bills are paid to date. In either case, the appellant shall be responsible for fees for said water service, including fees incurred after the appeal was filed and up to and including the date of appeal hearing, and all costs applicable under this ordinance including, but not limited to, the turning on and shutting off of water service.

6-4-26 APPLICATION REQUIRED. Contractors, builders, or others desiring water for building purposes must make applications to the Superintendent therefore who will issue a permit. The amount paid therefore shall be double the above and foregoing rates.

6-4-27 VIOLATION IS A MISDEMEANOR. Anyone violating any of the provisions of this ordinance shall, upon conviction, be subject to a fine not exceeding one hundred dollars ($100.00) and in case the fine and costs imposed for such violations are not paid, the person convicted may be committed to jail until such fine and costs are paid, not to exceed thirty (30) days.

6-4-28 METER TESTING. If a customer requests, a water meter will be tested and certified at the expense of the customer.

6-4-29 MAINTENANCE AND SERVICE TO BE DONE BY CITY. Effective July 1, 1967, all water meters installed to meter water furnished by the City of Van Horne will be serviced and maintained by the City of Van Horne.

6-4-30 METER REPLACEMENT. Effective July 1, 1967, when any such water meter must be replaced, then such water meter shall be furnished by the City of Van Horne and installed at the expense of the property owner.

6-4-31 METERS FOR NEW SERVICE. Effective July 1, 1967, when a patron of the city water supply desires water service and there is no existing meter, such as in new construction, then the water meter shall be supplied by the City of Van Horne and installed at the expense of the city. Tampering of meter by the customer is prohibited.

6-4-32 BILLING PROCEDURE. Water bills shall be mailed on the first of the month, payable to City Hall. Bills shall be due the 15th of the month.

6-4-33 WATER MAIN CONNECTION FEE. Any person, firm, or corporation desiring to make a connection onto the city water main or mains shall make application to the City Council of Van Horne, Iowa. Said application shall be in writing and shall nearly as possible state where said connection is to be made. A fee of one hundred dollars ($100.00) shall accompany said application. Upon receiving the application and fee, the council shall approve or disapprove said application and shall notify the applicant of its decision. Upon approval, the applicant may commence the connection at his own expense and prior to completing same, shall have the connection approved by the appropriate city employee or by a member of the council.

6-4-34 PENALTY. Any person found to have made a connection onto the city sewer or water lines without having made proper application as set forth in these ordinances, may be charged with a misdemeanor and shall, upon conviction, be subject to the provisions of Section 6-4-27.

6-4-35 WELL PROTECTION.


114

Prohibited uses: It shall be prohibited to construct on, or utilize, land surrounding any public water supply well for any of the following uses when said use would be located within the following distance of said water supply well:

1. Within two hundred (200) feet thereof:

a. Mechanical wastewater treatment plants.

b. Cesspools and earth privies.

c. Soil absorption fields.

d. Storage of chemicals and minerals on or underground.

e. Solid stockpiles of animal wastes.

f. Cemeteries.

g. Private wells.

2. Within four hundred (400) feet thereof:

a. Point discharge to ground surface of sanitary and industrial wastes.

b. Wastewater lagoons.

c. Storage basins or lagoons for animal wastes.

3. Within one thousand (1,000) feet thereof:

a. Private waste disposal sites.

6-4-36 WATER CONSERVATION PROGRAM. The City of Van Horne hereby adopts a Water Conservation Program to address water shortages due to possible decrease in ground and surface waters or drought conditions.

1. Water Shortages. From time to time, the City’s water supply or capacity to treat water or wastewater may become significantly constrained that customary and usual demands cannot be met. Under these conditions, the City Council may find and declare by resolution a Public Water Watch, Water Warning or Water Emergency, during which time the following measures and provisions shall be in effect to produce an orderly and equitable reduction in water consumption until, by resolution, the City Council finds and declares the conditions to be ended.

2. Conditions.

A. Water Watch. A Water Watch may be declared when a water shortage or equipment failure poses a potential threat to the ability of the water or wastewater system to meet the needs of its customers currently or in the foreseeable future. Indicators of the need to impose a Water Watch include: system operating at 75% of pumping capacity; moderate decrease in the pumping water level of wells or moderate decrease in


115

recovery rate of water level in wells; moderate decrease in reservoir levels measured in number of feet below spillway to number of feet above intake.

B. Water Warning. A Tier I or Tier II Water Warning may be declared when water shortage or equipment failure poses a serious threat to the ability of the water or wastewater system to meet the needs of its customers currently or in the foreseeable future. Indicators of the need to impose a Tier I Water Warning include: system operating at 85% of pumping capacity; significant decrease in the pumping water level of wells or significant decrease in recovery rate of water level in wells; significant decrease in reservoir levels measured in number of feet below spillway to number of feet above intake. Indicators of the need to impose a Tier II Water Warning include: severe system emergencies such as a chemical spill or major system failure.

C. Water Emergency. A Water Emergency may be declared when water shortage or equipment failure poses a severe and immediate threat to the ability of the water or wastewater system to meet the needs of its customers. Indicators of the need to impose a Water Emergency include: system operating at 95% of pumping capacity; serious decrease in the pumping water level of wells or serious decrease in recovery rate of water level in wells; serious decrease in reservoir levels measured in number of feet below spillway to number of feet above intake.

3. Water Watch. Under a Water Watch, all customers of the water utility are encouraged to limit or curtail all nonessential uses of water in order to conserve water resources during the time or shortage or equipment failure. Customers may be encouraged to comply with the following voluntary standards:

A. No watering of lawns, shrubs, bushes or gardens between the hours of 8:00 a.m. to 8:00 p.m.

B. No water should be used to fill private swimming pools, children’s wading pools, reflecting pools, or any other outdoor pool or pond.

C. No water should be used to wash streets, parking lots, driveways, sidewalks, or building exteriors.

D. No water should be used for nonessential cleaning of commercial or industrial equipment, machinery, and interior spaces.

E. Water should be served at restaurants only at the request of the customer.

4. Water Warning – Tier I. Under a Tier I Water Warning, no person shall use potable processed water of the municipal water service in any manner contrary to the following:

A. Outdoor watering or irrigation of lawns is prohibited.

B. Outdoor water of any kind is prohibited between the hours of 8:00 a.m. to 8:00 p.m. daily.

C. Water or irrigation of flower or vegetable gardens, trees, and shrubs less than four years old, and new seeding or sod is permitted once per week with an application not to exceed one inch.

D. Car washing is prohibited except in commercial establishments that provide that service.

E. No water shall be used to fill private swimming pools, children’s wading pools, reflecting pools, or any other outdoor pool or pond.


116

F. No water shall be used to wash streets, parking lots, driveways, sidewalks, or building exteriors.

G. No water shall be used for nonessential cleaning of commercial or industrial equipment, machinery, and interior spaces.

H. Water shall be served at restaurants only at the request of the customer.

I. Use of water-consuming comfort air-conditioning equipment which consumes in excess of 5 percent of the water circulating in such equipment is prohibited.

J. Tank load water sales may be curtailed or prohibited.

Water reclaimed or recycled after some primary use, such as water that has been used for washing or cooling, may be used without restriction. Additionally, water derived from other sources than the City water system, such as water condensed from the atmosphere by air conditioners or collected from rain or snow, may be used without restriction.

5. Water Warning – Tier II. Under a Tier II Water Warning, no person shall use potable processed water of the municipal water service in any manner contrary to the following:

A. All outside water use, except for domestic, sanitation and fire protection, is prohibited.

B. All commercial and industrial use of water not essential in providing products and services is prohibited.

C. Irrigation of agricultural crops is prohibited.

D. Recreational and leisure water use, including lawn and golf course watering and other incidental or recreational use, is prohibited.

E. Water use not necessary for the preservation of life or the general welfare of the community is prohibited.

6. Water Emergency. Under a Water Emergency, a Tier I Water Warning use restrictions shall be in effect and, in addition, each customer will be afforded a monthly allocation of water.

7. Base Allocation. The base allocation of water for residential use shall be 3,000 gallons per household per billing period. For commercial and industrial use, the base allocation shall be established by resolution as a percentage of the average water used during the previous winter (November through April).

8. Water Appeal Board. A Water Appeal Board shall be appointed during any Water Warning or Water Emergency. The Water Appeal Board shall consist of the Mayor, the Superintendent of the Water System, and three representatives of the community who shall be appointed by the Mayor and approved by the City Council. The Water Appeal Board shall hear appeals of any action taken pursuant to a Water Warning or Water Emergency; except that, if a customer is charged with a municipal infraction relating to this ordinance, that proceeding shall be conducted pursuant to Iowa Code Section 364.22.

9. Appeal and Adjustment of the Base Allocation. Any person may file an appeal with the Water Appeal Board to adjust the base allocation amount. The Water Appeal Board may grant an adjustment to the


117

appellant based upon the following criteria:

A. For single-family residential use, the base allocation may be increased by 1,000 gallons per person per billing period for all individuals residing at the appellant’s residence for a period of more than 30 days.

B. For commercial, industrial, institutional, or other residential uses, the base allocation may be increased based on factors appropriate to the individual customer, such as usage, production, service and occupancy data provided by the customer.

10. Premium Rate for Imprudent Consumption. In addition to the water rates duly enacted by the City Council, all persons shall pay a premium rate of $1.00 per 100 gallons of water consumed in excess of the base allocation.

11. Adjustment of Premium Rate Charges. Any person may file for adjustment of the premium rate charges for imprudent water consumption with the Water Appeal Board. The Water Appeal Board may grant an adjustment to the premium rate charge based upon the following criteria:

A. Adjustments may be granted for over consumption due to mechanical failures such as broken or leaky pipes or fixtures but not for over consumption due to human carelessness.

B. The applicant shall furnish proof that the mechanical failure was repaired promptly. This should be in the form of a licensed plumber’s invoice or statement or a material receipt.

C. The adjustment shall be granted only for the billing period prior to the correction of the failure.

D. For those accounts granted an adjustment of the premium rate charges, the minimum adjusted rate shall be 40 percent of the actual bill which shall include the premium rate charges and sales tax.

12. Penalties. The following penalties shall apply to violations of the Water Warning use restrictions imposed under this ordinance.

A. First Violation. The utility shall issue a written notice of violation to the water user violating the water use restrictions imposed during a Water Warning or Water Emergency.

B. Second Violation. For a second violation within a 12 month period, a one month surcharge shall be imposed in an amount equal to 50 percent of the previous month’s water bill.

C. Subsequent Violations. For any subsequent violations within a 12 month period, a one month surcharge shall be imposed in an amount equal to 50 percent of the previous month’s water bill and, in addition, the utility shall interrupt water service to that customer at the premise at which the violation occurred. Service shall not be restored until the customer has paid the reconnection fee and has provided reasonable assurance that future violations will not occur.

13. Municipal Infraction. A second or subsequent violation of the Water Warning or Water Emergency use restrictions by any person within a 12 month period constitutes a municipal infraction. Any person who, in making an application to the Water Appeal Board for adjustment of the base allocation or premium rate charges, intentionally provides false or incorrect statements or information commits a municipal infraction.


118

14. Reduction in Flow of Water to Any Person. The Superintendent is authorized, after giving notice and opportunity for hearing before the Water Appeal Board, to reduce the flow of water to any person determined to be using water in any matter not in accordance with this ordinance during a Water Warning or Water Emergency. 6-4-37 BULK WATER RATES FOR NON-RESIDENTS. The city of Van Horne will sell bulk water to non-residents for $10.00 per thousand gallons of water. The purchase of the water must be arranged with an officer of the Van Horne Fire Department and the gallons acquired established by the officers. The water will then be billed by the Van Horne City Clerk and must be paid within twenty (20) days of billing date. The city reserves the right to establish any other rules regarding the sale of water to non-residents and to discontinue said sale at any time.


119


CHAPTER 5 UTILITIES - REFUSE COLLECTION

6-5-1 Definitions6-5-2 Collection6-5-3 Prohibited Disposition6-5-4 Garbage of Householders6-5-5 Location of Garbage and Refuse Container6-5-6 Separation of Yard Waste Required6-5-7 Frequency and Time of Collection6-5-8 Collection of Fees

6-5-1 DEFINITIONS. For use in this chapter, the following terms are defined as follows:

A. Household - Any permanent premises in which one or more persons reside regularly, including mobile homes located in a licensed mobile home park. Households shall include duplexes and flats. The term “Household” shall not include apartments with four (4) or more units.

B. Business Establishment (Commercial) - Stores, restaurants, taverns, hotels, offices, wholesale establishments, retail establishments, hospitals, plants, shops, apartments with four (4) or more units and churches. The term “business establishment” shall not include duplexes, flats, or private dwellings.

C. Garbage – All solid and semi-solid animal and vegetable waste resulting from handling, preparing, cooking, storing, serving, and consuming food, including food containers, cans, glass bottles and paper cartons, all of which are produced in a household, apartments, and residential premises.

D. Refuse - All waste papers, rags, boxes, clothing, cold ashes, litter of any kind, and incidental plaster, lumber scrapes or other building materials resulting from work done by the occupant at the household; this term shall not include yard waste, household appliances not placed in containers, animal carcasses, manure, cars, car bodies or parts, liquids, dangerous chemicals, hot ashes or logs, stumps or branches produced from the work of commercial landscapers and tree trimmers; any small items in piles requiring a shovel or fork to handle and materials resulting from the construction, repair or demolition of buildings except as noted above and any articles more than four (4) feet in length or weighing more than forty (40) pounds.

E. Recyclables – The following items shall be recycled:

1. Paper Products. Newspapers with supplements, magazines and catalogs, corrugated cardboard and chipboard (cut 2 feet by 2 feet for collection and flattened), brown or gray when torn cereal, cracker and tissue boxes, toilet paper and paper towel cores, mixed paper – white colored, NCR, FAX, photocopy, legal pad, note and computer paper, post-it, call slips, file folders, envelopes, junk mail and Kraft bags.

2. Metals. All metal food and beverage containers, aluminum foil and pie plates.

3. Plastics. All plastic containers #1-7. Milk, water and juice jugs, detergent, soda and pop bottles and film canisters are accepted. Plastic bags are not accepted.

4. Glass Bottles. Glass bottles must be kept separate from other recyclables.


120

The Following items are not recyclable:

1. Paper. No food contaminated containers. No waxed, filmed covered containers. No hygiene products (toilet paper, paper towels, etc.). No disposable diapers.

2. Metals. No large metals, coat hangers, engine parts, etc.

3. Plastics. No packaging container inserts even with numbers (example: cookie trays). No styrofoam, plastic bags or motor oil bottles. No caps or lids or hangers. No plastic green house or plant containers. No deli or grocery plastic food containers, even with a number.

F. The following are hazardous items and cannot be taken to the landfill with regular waste: batteries; engine oil, lubricants, antifreeze, other types of oils and filters; paint still in liquid form (must be mixed with cat litter); needles, syringes, medical waste; propane and/or empty propane tanks; tires; appliances; refrigerants.

G. Schools - Schools will contract privately with a contractor to transport garbage and rubbish to the city disposal site and will contract privately to collect and transport recyclables to a recycling center.

6-5-2 COLLECTION. The city shall contract for the residential collection of garbage, refuse and recyclables within the City of Van Horne and all garbage, refuse and recyclables shall be collected and disposed of by such contracted person. The collection and disposal of garbage, recyclables and refuse by other than the designated person contracted to do this work shall be prohibited. Business establishments shall contract on their own for the pickup of their garbage, recyclables and refuse, but will pay to the City the landfill fee established herein.

6-5-3 PROHIBITED DISPOSITION. No person or business shall deposit any garbage, recyclables or refuse on any public or private street or alley or any lot or property or in any stream or body of water except at the authorized municipal collection site.

6-5-4 GARBAGE OF HOUSEHOLDERS. All garbage shall be drained and placed in sanitary bags or containers. Recyclables shall be placed in recycling bins provided to residents. If residents require an additional bin because of loss or damage to the bin, the City will provide a replacement bin for the sum of $10.00 non-refundable rental fee. Bins remain the property of the City or the contractor. If any resident moves from the City and does not return the bin to the City Clerk, a $10.00 fee for the bin will be taken from the resident’s water deposit.

6-5-5 LOCATION OF GARBAGE AND REFUSE CONTAINER. Containers for garbage and recyclables shall be placed and kept on private property. On collection days, the containers shall be placed together in plain view at the designated pick up point. In mobile home parks, the containers shall be placed at points designated by the garbage collector or his representative.

6-5-6 SEPARATION OF YARD WASTES REQUIRED. Commencing January 1, 1991, all yard wastes shall be separated by the owner or occupant from all other garbage and refuse accumulated on the premises and shall be composted on the premises or burned according to the ordinances and regulations of the city.

6-5-7 FREQUENCY AND TIME OF COLLECTION. The City’s authorized collector shall collect and remove garbage, recyclables and refuse from the premises of dwellings, apartments, and flats one time each week, except that no collection shall be made on Sundays or Holidays. All collections shall be made between the


121

hours of 6:00 a.m. and 6:00 p.m. Extra pickups will be provided by the carrier and billed by the carrier accordingly. Multiple dwellings, apartments, and business/residence combinations shall be treated as separate and distinct collections.

6-5-8 COLLECTION OF FEES. The collection and disposal of solid and yard wastes as provided by this chapter is declared to be a benefit to the property served or eligible to be served and there shall be levied and collected fees therefore in accordance with the established rates, which shall include garbage, recyclables, and landfill fees. Those fees shall be set by resolution of the city council for all residential and business establishments. These rates shall increase 3% per year on July 1, 2009 and each July 1st thereafter.


122


CHAPTER 6 STREET CUTS AND EXCAVATIONS

6-6-1 Excavation Permit Required6-6-2 Application for Permit6-6-3 Permit Fees6-6-4 Safety Measures6-6-5 Backfilling and Restoration6-6-6 Rules and Regulations

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

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

6-6-3 PERMIT FEES. There shall be no fee for the cost of each inspection.

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


123

6-6-5 BACKFILLING AND RESTORATION. Any person excavating in the streets shall be responsible for the backfilling of the excavation in accordance with city specifications and the restoration of the pavement or surfacing to as good a condition as that existing prior to the excavation. If any excavator fails to backfill or restore the pavement or surfacing properly within forty-eight hours of the completion of the underground work, the city reserves the right to backfill and resurface or install new paving and charge the cost thereof to the party excavating. If any backfilling or pavement or surfacing restoration is not in accordance with the city specifications, the Superintendent is authorized to remove such material as is necessary and to backfill and restore the pavement or surfacing properly. 6-6-6 RULES AND REGULATIONS. The city council may by resolution establish such rules and regulations for the manner of making cuts and related matters involving excavations.


124

TITLE VI PHYSICAL DEVELOPMENT

CHAPTER 7 RESERVED

6-7-1 Reserved

6-7-1 RESERVED.


125


CHAPTER 8 SIDEWALK REGULATIONS

6-8-1 Purpose6-8-2 Definitions6-8-3 Cleaning, Snow, Ice, and

Accumulations6-8-4 Maintenance Responsibility6-8-5 Encroaching Steps6-8-6 Openings and Enclosures6-8-7 Fires and Fuels6-8-8 Defacing6-8-9 Debris on Sidewalk6-8-10 Merchandising Displays6-8-11 Sales Stands6-8-12 Liability of Abutting Owner6-8-13 Ordering Sidewalk Improvements6-8-14 Repairing Defective Sidewalks6-8-15 Notice of Inability to Repair or

Barricade

6-8-16 Standard Sidewalk Specifications6-8-17 Permits for Construction or Removal 6-8-18 Failure to Obtain Permit; Remedies6-8-19 Inspection and Approval6-8-20 Barricades and Warning Lights6-8-21 Interference with Sidewalk Improvements6-8-22 Special Assessments for Construction and Repair6-8-23 Notice of Assessment for Repair or

Cleaning Costs6-8-24 Hearing and Assessment6-8-25 Billing and Certifying to County6-8-26 Sidewalk Grades6-8-27 Construction of Sidewalk and Driveways

6-8-1 PURPOSE. The purpose of this chapter is to enhance the safe passage by citizens on sidewalks, to place the responsibility for the maintenance, repair, replacement, reconstruction or construction of sidewalks upon the abutting property owner and to minimize the liability of the City.

6-8-2 DEFINITIONS. As used in this chapter, the following terms have these meanings:

1. Defective Sidewalk. Any public sidewalk exhibiting one or more of the following characteristics:

(a) vertical separations equal to three-fourths (3/4) inch or more.

(b) horizontal separations equal to three-fourths (3/4) inch or more.

(c) holes or depressions equal to three-fourths (3/4) inch or more and at least four (4) inches in diameter.

(d) spalling over fifty (50) percent of the surface of a single square of the sidewalk with one or more depressions equal to one-half (1/2) inch or more.

(e) spalling over less than fifty (50) percent of a single square of the sidewalk with one or more depressions equal to three-fourths (3/4) inch or more.

(f) a single square of sidewalk cracked in such a manner that no part thereof has a piece greater than one square foot.

(g) a sidewalk with any part thereof missing to the full depth.


126

(h) a change from design or construction grade equal to or greater than three-fourths (3/4) inch per foot.

2. Sidewalk Improvements. The construction, reconstruction, repair, replacement, or removal of a public sidewalk or the excavating, filling, or depositing of material in the public right-of-way in connection therewith.

3. Owner. The person owning the fee title or the contract purchaser for purposes of notification required herein. For all other purposes, "owner" shall include the lessee, or person in possession.

4. Broom Finish. A sidewalk finish that is made by sweeping the sidewalk when it is hardening to create a skid resistant surface.

5. Concrete. Portland cement with a minimum 4,000 PSI.

6. Established Grade. Grade established by the City for the particular area in which a sidewalk is to be constructed.

7. One-course Construction. The full thickness of the concrete is placed at one time, using the same mixture throughout.

8. Sidewalk. All permanent public walks in business, residential or suburban areas.

9. Spalling. The breaking up into flakes, chips or fragments.

10. Wood Float Finish. A sidewalk finish that is made by smoothing the surface of the sidewalk with a wooden trowel.

6-8-3 CLEANING SNOW, ICE, AND ACCUMULATIONS. It shall be the duty of the owner to keep sidewalks abutting the owner's property clear of the natural accumulations of snow or ice. If the owner fails to do so within twenty four (24) hours after deposit of accumulation, the Mayor may have the natural accumulations of snow or ice removed without notice to the property owner. The Mayor shall give the Council an itemized and verified statement of the removal costs and a legal description of the property at the next regular Council meeting. The costs shall be reviewed by the Council, and if found correct, shall be assessed against the property as taxes. The City Clerk shall be directed to certify the costs to the County Auditor for collection as provided in Section 364.12 of the Code of Iowa.

6-8-4 MAINTENANCE RESPONSIBILITY. It is the responsibility of the abutting property owners to repair, replace or reconstruct, or cause to be repaired, replaced or reconstructed, all broken or defective sidewalks and to maintain in a safe and hazard free condition any sidewalk outside the lot and property lines and inside the curb lines or traveled portion of the public street. The owner of any lot or parcel who fails to maintain said sidewalk shall be liable to any person injured as a result of such failure to maintain the sidewalk and shall further save, defend, indemnify and hold harmless the City from and against any claim arising out of the failure to maintain said sidewalk.

6-8-5 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 Council authorization..

6-8-6 OPENINGS AND ENCLOSURES. It is unlawful for a person to:


127

1. Stairs and Railings. Construct or build a stairway or passageway to any cellar or basement by occupying any part of the sidewalk, or to enclose any portion of a sidewalk with a railing without permission by resolution of the Council.

2. Openings. Keep open any cellar door, grating or cover to any vault on any sidewalk except while in actual use with adequate guards to protect the public.

3. Protect Openings. Neglect to properly protect or barricade all openings on or within six (6) feet of any sidewalk.

6-8-7 FIRES OR FUELS ON SIDEWALK. 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.

6-8-8 DEFACING. It is unlawful for a person to scatter or place any paste, paint or writing on any sidewalk with the exception of washable chalk or by permit issued from the City Council.

6-8-9 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 other substance likely to injure any person, animal or vehicle.

6-8-10 MERCHANDISE DISPLAYS. It is unlawful for a person to place upon or above any sidewalk in a residential neighborhood, any goods or merchandise for sale or for display, or a sign advertising the sale of goods or merchandise, except within three (3) feet of a building or adjacent to an existing tree, light post or planter unless authorized by the Council.

6-8-11 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 in a residential neighborhood except when authorized by the Council.

6-8-12 LIABILITY OF ABUTTING OWNER. As provided in Section 364.14, Code of Iowa, in the event the owner of property abutting any public sidewalk fails or refuses to perform any act required of them by this ordinance and in the event an action is brought against the City for personal injuries alleged to have been caused by a defect in or the condition of said sidewalk, the City may notify in writing the said abutting owner that it claims the injury was caused by their negligence and/or their failure to repair the defect or eliminate the condition complained of. 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 condition 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.

6-8-13 ORDERING SIDEWALK IMPROVEMENTS. The City Council may order the construction, reconstruction, repair, or replacement of permanent sidewalks upon any street or court. Notice of this order shall be sent to the owner by certified mail. The notice shall include the fact that the owner may request a hearing by the Council within fifteen (15) days or receipt of the notice.


128

6-8-14 REPAIRING DEFECTIVE SIDEWALKS. It shall be the duty of the abutting property owner at any time, or upon receipt of thirty (30) days' notice from the City, to repair, replace, or reconstruct all broken or defective sidewalks in the abutting street right-of-way. If, after the expiration of the thirty (30) days as provided in the notice, the required work has not been done or is not in the process of completion, the Mayor shall order the work to proceed to repair, replace, or reconstruct the sidewalk. Upon completion of the work, the Mayor shall submit to the Council an itemized and verified statement of expenditures for material and labor, and the legal description of the property abutting the sidewalk on which work has been performed. These costs shall be assessed to the property as taxes. The City Clerk shall be directed to certify the costs to the County Auditor for collection as provided in Section 364.12 of the Code of Iowa.

6-8-15 NOTICE OF INABILITY TO REPAIR OR BARRICADE. It shall be the duty of the owner of the property abutting the sidewalk, or of the contractor or agent of the owner, to notify the City immediately in the event the owner is unable to make necessary sidewalk improvements or to install or erect warnings and barricades as required by this chapter.

6-8-16 STANDARD SIDEWALK SPECIFICATIONS. Sidewalks constructed, repaired, or replaced under the provisions of this chapter shall be of the following construction and meet the following standards:

1. Portland cement concrete shall be the only material used in the construction and repair of sidewalks unless otherwise authorized by the City Council.

2. Sidewalks shall be on one-course construction.

3. Concrete may be placed directly on compact and well-drained soil. Where soil is not well drained, a four (4) inch sub-base of compact, clean, coarse gravel, sand, or cinders shall be laid. The adequacy of the soil drainage is to be determined by the Superintendent.

4. The sidewalk bed shall be graded to the established grade.

5. Residential sidewalks shall be at least four (4) feet wide, or match existing sidewalks, and four (4) inches thick, and each section shall be no more than four (4) feet in length. In the central business district, sidewalks shall extend from the property line to the curb unless the Council shall establish a different distance due to the circumstances. Each section shall be four (4) inches thick and no more than six (6) feet in length and width. All driveway areas shall not be less than six (6) inches in thickness.

6. Residential sidewalks shall be located with the inner edge (edge nearest the abutting private property) on the property line, unless the Council shall establish a different distance due to the circumstances.

7. All elevations of sidewalks are to be established by the City Council with assistance from the Superintendent on a case-by-case basis.

8. All sidewalks shall slope at least one-quarter (1/4) inch per foot toward the curb, but in no event more than one-half (1/2) inch per foot toward the curb.

9. All sidewalks shall have a steel trowel finish followed by a "broom" to provide a non-skid surface.

10. Ramps for the handicapped. There shall not be less than two (2) curb cuts or ramps per lineal block which shall be located on or near the cross-walks at intersections. Each curb cut or ramp shall be at last thirty (30) inches wide, shall be sloped at not greater than one inch of rise per twelve (12) inches lineal distance, except


129

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 by so constructed as to allow reasonable access to the crosswalk for physically handicapped persons using the sidewalk.

11. All sidewalk improvements on public property, whether performed by the owner of the abutting property or by the City, shall be performed under the supervision and inspection of the City Superintendent, and in accordance with the standard sidewalk specifications set forth in this chapter.

12. Joint Filler. A one-half (1/2) inch non-extruding type expansion joint shall be provided between all sidewalks and adjoining backs of curbs and between intersecting sidewalks and between sidewalks and driveways.

6-8-17 PERMITS FOR CONSTRUCTION OR REMOVAL. No person shall make any sidewalk improvements unless such person shall obtain a permit from the City Clerk. The permit shall state that the person will comply with the ordinances of the City and with the specifications for sidewalks adopted by the City. The permit also shall state that the work will be done under the direction and approval of the City Superintendent. All such permits shall be issued without charge and a copy thereof, with the application, shall be filed and preserved in the office of the City Clerk. The permit shall state when the work is to be commenced and when the work is to be completed. The time of completion for the sidewalk improvements may be extended by the City Council. All permits for sidewalk improvements not ordered by resolution of the City Council shall be issued in compliance with this chapter. The City Council may withhold the issuance of any permit for any sidewalk improvements for a sufficient period to determine the necessity for the proposed improvements or when weather conditions will adversely affect the sidewalk improvements.

6-8-18 FAILURE TO OBTAIN PERMIT; REMEDIES. Whenever any sidewalk improvements are made that do not conform to the provisions of this chapter and with the specifications, or when any sidewalk improvements are made without a permit, the Mayor shall serve notice to obtain a permit upon the property owner and upon the contractor doing the work. If the sidewalk is in the course of construction, the notice shall order the work to stop until a permit is obtained and the work is corrected to comply with the specifications. If the sidewalk work has been completed, the owner shall obtain a permit immediately and perform any needed corrections within five (5) days from receipt of the permit. If the owner fails to comply with this notice, the Mayor shall have the work completed and the costs assessed to the property owner as provided in this chapter.

6-8-19 INSPECTION AND APPROVAL. Upon final completion, the Superintendent shall inspect the work and may order corrections w/ list of options to improve the work if the work does not meet specifications. When the work does meet all requirements of this chapter, the specifications, and the permit, the Superintendent shall indicate this on both copies of the permit. On a periodic basis sidewalks within the City shall be inspected by the City and notice shall be sent to property owners whose sidewalks are in need of repair pursuant to Section 6-8-14.

6-8-20 BARRICADES AND WARNING LIGHTS. Proper warning lights and barricades shall be placed to protect persons from materials, equipment, and dangerous conditions. Placement and maintenance of adequate warnings is the responsibility of the constructor, the owner, and the lessee of the property.

6-8-21 INTERFERENCE WITH SIDEWALK IMPROVEMENTS. No person shall knowingly or willfully drive any vehicle upon any portion of any sidewalk or approach thereto while it is 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 or warning device provided by this chapter.


130

6-8-22 SPECIAL ASSESSMENTS FOR CONSTRUCTION AND REPAIR. The City Council may assess the cost of initial construction, improvements, and/or repair of sidewalks in the City according to the special assessment procedures established in Chapter 384, division IV, Code of Iowa.

6-8-23 NOTICE OF ASSESSMENT FOR REPAIR OR CLEANING COSTS. When the Mayor submits a bill for sidewalk improvements or for removal of accumulations as provided in this chapter, the City Clerk shall send a notice of such facts to the owner of the abutting property. The notice may be given either by personal service or by certified mail to the last known address of the owner. The notice shall contain a statement of the work performed, the cost of the work that is being assessed, a description of the property affected, and the fact that the person may pay the amount assessed within thirty (30) days without interest or penalty. The notice also shall indicate that the person may object to such assessment and given the place and time at which Council will hear such objections. The time set for hearing shall be at least fifteen (15) days after the service or mailing of the notice. The cost thereof shall be assessed to the property fronting theron.

6-8-24 HEARING AND ASSESSMENT. At the time and place designed in the Notice, the Council shall consider all objections to the assessment, correct all errors or omissions, and adopt a corrected list as the amounts to be assessed against the property.

6-8-25 BILLING AND CERTIFYING TO COUNTY. Thirty (30) days after the Council's decision, the City Clerk shall certify any unpaid amounts to the County Auditor. The unpaid assessments shall constitute a lien against the property and shall be collected by the County Treasurer in the same manner as other taxes. Any assessment that exceeds $100 may be paid in installments as set by Council, not exceeding ten, in the same manner and at the same interest rates as for special assessments under Chapter 384, division IV, Code of Iowa. No interest shall be charged for assessments, or parts thereof, paid within thirty (30) days of the time the Council determined the final amounts.

6-8-26 SIDEWALK GRADES. All sidewalk grades now or hereafter established by ordinance or resolution by the City of Van Horne, Iowa, are hereby saved from repeal an incorporated to this ordinances by reference.

6-8-27 CONSTRUCTION OF SIDEWALKS AND DRIVEWAYS.

A. The City of Van Horne, Iowa, does not have curb and gutter on many of the streets.

B. The construction of concrete driveways or sidewalks between the public sidewalk or lot line and the streets can cause snow removal problems for the city.

C. All driveways or sidewalks on those streets in Van Horne, Iowa, not having curb and gutter shall be constructed from the outside of the public sidewalk or from the lot line, whichever is closer to the public street, using only cold mix or patch and shall not be constructed of concrete.

D. Prior to construction of said sidewalk or driveway, the property owner shall obtain from the city a permit to construct the sidewalk or driveway. This permit will be approved and issued by the City Council of Van Horne, Iowa.


131


CHAPTER 9 RESERVED

6-9-1 Reserved

6-9-1 RESERVED.


132


CHAPTER 10 SUBDIVISION ORDINANCE

6-10-1 Reserved

6-10-1 RESERVED.


133


CHAPTER 11 ZONING ORDINANCE

6-11-1 Reserved

6-11-1 RESERVED.


134


CHAPTER 12 HAZARDOUS MATERIALS

6-12-1 Purpose 6-12-5 Notification6-12-2 Definitions 6-12-6 Police Authority6-12-3 Cleanup Required 6-12-7 City Liability6-12-4 Liability for Cleanup Costs

6-12-1 PURPOSE. In order to reduce the danger to public health, safety, and welfare from the spills of hazardous substances, these regulations are promulgated to establish responsibility for the removal and cleanup of spills within the city limits.

6-12-2 DEFINITIONS. For the purpose of this ordinance these words have the following meanings:

A. “Hazardous waste” means a waste or combination of wastes that, because of its quantity, concentration, biological degradation, leaching from precipitation, or physical, chemical, or infectious characteristics, has either one of the following effects:

1. Causes or significantly contributes to an increase in mortality or an increase in serious irreversible or incapacitating reversible, illness.

2. Poses a substantial danger to human health or the environment.

“Hazardous waste” does not include:

1. Agricultural wastes, including manures and crop residues that are returned to the soil as fertilizers or soil conditioners.

2. Source, special nuclear, or by-product material as defined in the Atomic Energy Act of 1954, as amended to January 1, 1979. [Section 455B.411(3), Code of Iowa, 1987]

B. “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 amend to January 1, 1977, or any hazardous materials designated by the secretary of transportation under the Hazardous Material Transportation Act. [Section 455B.381(1), Code of Iowa, 1987]

C. “Hazardous condition” means any situation involving the actual, imminent, or probable spillage, leakage, or release of a hazardous substance or hazardous waste 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. [Section 455B.381(2), Code of Iowa, 1987]


135

D. “Person having control over a hazardous substance” 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 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. [Section 455B.381(8), Code of Iowa, 1987]

E. “Cleanup” means actions necessary to contain, collect, control, identify, analyze, clean up, treat, disperse, remove, or dispose of a hazardous substance. [Section 455B.381(6), Code of Iowa, 1987]

F. “Person” means individual, corporation, firm, government, or governmental subdivision or agency, business trust, estate, trust, partnership, or association, or any other legal entity. [Section 4.1(13), Code of Iowa, 1987]

6-12-3 CLEANUP REQUIRED.

A. Whenever a hazardous condition is created so that a hazardous substance or waste or constituent of the hazardous waste or substance may enter the environment or be emitted into the air or discharged into any water, including ground waters, the person having control over the hazardous material shall cause the condition to be remedied by as cleanup, defined by section 6-12-3(E), as rapidly as feasible to an acceptable safe condition, and restore the affected area to its state prior to the hazardous condition as fast as practicable. The cost of the cleanup shall be borne by the person having control over the hazardous substance.

B. If the person having control over the hazardous substance 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, setting a deadline for commencing and accomplishing the cleanup or the city may proceed to procure cleanup services. If the cost of the cleanup is beyond the capacity of the city to finance, the authorized officer shall report to the City mayor and Council and immediately seek any state or federal funds available for such cleanup.

6-12-4 LIABILITY FOR CLEANUP COSTS. The person in charge of the hazardous substance shall be strictly liable to the city for all of the following:

A. The reasonable cleanup costs incurred by the city as a result of the failure of the person to cleanup a hazardous substance or waste involved in a hazardous condition caused by that person.

B. The reasonable costs incurred by the city to evacuate people from the area threatened by the hazardous condition caused by the person.

C. The reasonable damages to the city for injury to, destruction of, or loss of city property, including parks and streets, resulting from a hazardous condition caused by the person, including the costs of assessing the injury, destruction, or loss.

6-12-5 NOTIFICATION. A. A person manufacturing, storing, handling, transporting, or disposing of a hazardous

substance or waste shall notify the city Mayor and Benton County Sheriff’s Department of the occurrence of a hazardous condition as soon as possible by no later than six (6) hours after the onset of the hazardous condition or discovery of the hazardous condition. The Sheriff’s Department/County Office of Emergency Management shall notify the proper state office in the manner established by the state.


136

B. Any County employee or any member of a law enforcement agency, or any member of a city, township, or fire district fire department who discovers a hazardous condition shall notify the Sheriff’s Department, which shall or instruct the County Office of Emergency Management to notify the proper state office in the manner established by the state.

6-12-6 POLICE AUTHORITY. If the circumstances reasonably so require, the Benton County Sheriff and/or the County Office of Emergency Management or their representative may:

A. Evacuate persons, even from their homes, to areas away from the site of the hazardous condition, and

B. Establish perimeters or other boundaries at or near the site of a hazardous condition and limit access to cleanup personnel.

No person shall disobey an order of the Sheriff or any other deputy or peace officer/law enforcement officer issued under this section.

6-12-7 CITY LIABILITY. The city shall not be liable to any person for claims of damage, injuries, or losses resulting from any hazardous conditions. Except, if the city is the person having control over the hazardous substance as defined in Section 6-12-2(D).


137


CHAPTER 13 DEFINING AND REGULATING MANUFACTURED HOMES

6-13-1 Purpose 6-13-4 Compliance with Zoning6-13-2 Definitions 6-13-5 Enforcement6-13-3 Regulations

6-13-1 PURPOSE. The purpose of this ordinance is to define manufactured homes and provide regulations concerning their location, erection and appearance.

6-13-2 DEFINITIONS. A manufactured home is defined as a residential unit built off-site, designed to meet HUD Code standards, which were affective June 15, 1976, and transported to installation location. The manufactured house is required to display a seal from HUD.

A mobile home is a residential unit built off-site and transported to installation location that was constructed prior to the implementation of HUD Code standards.

6-13-3 REGULATIONS. A manufactured house or mobile home not parked in a mobile home park must be placed on a permanent foundation compatible with the structural design of the home and the permanent foundation must be compatible in design and visual appearance with permanent foundation systems in surrounding residential structures. All manufactured homes must be installed with support and anchorage as recommended by the manufacturer or required by HUD.

6-13-4 COMPLIANCE WITH ZONING. Manufactured homes or mobile homes not parked in a mobile home park must also comply with all zoning standards and regulations of the City that apply to site-built homes including, but not limited to, set backs and square footage requirements of lots and they must be hooked up to City utilities.

6-13-5 ENFORCEMENT. Violations of this Section constitute a civil penalty of $100.00 per day.


138

TITLE VII SPECIAL ORDINANCES

CHAPTER 1 ELECTRICAL FRANCHISE

7-1-1 Franchise Granted 7-1-6 Successors and Assigns7-1-2 Construction Regulations 7-1-7 Hold Harmless7-1-3 Disturbances and Excavations 7-1-8 Franchise Acceptance7-1-4 Line Extension 7-1-9 Repealer7-1-5 Grantee’s Rights 7-1-10 Effective Date

7-1-1 FRANCHISE GRANTED. The City of Van Horne, Iowa, hereby grants unto the Iowa Electric Light & Power Company, an Iowa corporation, its successors and assigns, hereinafter called the Grantee, a nonexclusive franchise and right, for a period of twenty-five (25) years from and after the date of this ordinance becomes effective July 10, 1984, to erect, construct, reconstruct, maintain, operate, and use within the corporate limits of said City of Van Horne, Iowa, as the same now are or may hereafter be located, a power plant or plants, for the generation of electricity and/or a system or systems for the transmission and distribution of electricity, whether said power plant or plants and transmission and distribution systems have been heretofore or hereafter may be constructed, together with the franchise and right to enter upon and to use and occupy the streets, avenues, alleys, bridges, and other public places of said city as the same now are or hereafter may be located or extended, for the purpose of constructing, reconstructing, maintaining, and operating thereon, therein, thereunder, and thereover said systems for the transmission and distribution of electricity, consisting of poles, posts, wires, cables, conduits, and other equipment, appurtenances, and construction necessary or incident to said systems, including a high potential electric transmission line or lines, to and through said city, and together with the franchise and right to supply, distribute, and sell electric energy to said city for any and all purposes, and upon such terms and conditions and under such restrictions and regulations as are hereinafter contained, and such other reasonable rules and regulations as hereafter may be provided by the rule-making body having jurisdiction thereof.

7-1-2 CONSTRUCTION REGULATIONS. The construction of said transmission and distribution systems shall be in accordance with the specifications of the National Electrical Safety Code, issued by the United States Department of Commerce Commission. All poles, posts, wires, cables, conduits, and other equipment, appurtenances, and construction connected therewith shall be located, erected, adjusted, and maintained so as not to interfere unreasonably with any improvements the city may deem proper to make, or to hinder unnecessarily or obstruct the free use of the streets, avenues, alleys, bridges, or other public places.

7-1-3 DISTURBANCES AND EXCAVATIONS. Whenever the Grantee, in erecting, constructing, or maintaining said transmission and distribution systems, shall take up or disturb any pavement or sidewalk or make any excavations in the streets, avenues, alleys, bridges, or public places of the city, such excavations shall at once be refilled and the pavement, sidewalk, or other improvement replaced to the satisfaction of the city officials.

7-1-4 LINE EXTENSION. The Grantee shall extend its overhead transmission and distribution lines for each applicant for light, power, or electric current as provided by the most current extension rules promulgated by the governing regulatory body.

7-1-5 GRANTEE’S RIGHTS. Said Grantee shall have the right to supply, distribute, and sell electricity for any and all purposes to said city and to the inhabitants thereof, and to charge therefor such just and reasonable


139

rates as hereafter may be fixed and determined by the rate-making body established under the laws of the State of Iowa and given jurisdiction thereof.

7-1-6 SUCCESSORS AND ASSIGNS. All of the provisions of this ordinances shall apply to the successors or assigns of the Grantee with the same force and effect as they do to the Grantee.

7-1-7 HOLD HARMLESS. The Grantee shall, hold the city harmless from any and all causes of action, litigation, or damages which may arise through or by reason of the construction, reconstruction, maintenance, and operation of said distribution and transmission systems and other construction hereby authorized.

7-1-8 FRANCHISE ACCEPTANCE. The Grantee shall, within sixty (60) days after the publication of this ordinance, signify in writing an acceptance of the grant herein, including the conditions and restrictions herein expressed, and this ordinance, and the franchise granted herein, shall not be operative or binding until such acceptance is filed with the City Clerk. The Grantee shall pay the costs incurred in holding the election to submit this ordinance to the legal electors for their approval as provided by law.

7-1-9 REPEALER. All ordinances or parts of ordinances, insofar as they are in direct conflict herewith, are hereby repealed.

7-1-10 EFFECTIVE DATE. This ordinance shall take effect and be in full force and effect, subject to its approval by a majority of the legal electors of the City of Van Horne, Iowa, voting thereon and upon its publication as provided by law, and subject to its acceptance by the Grantee as provided by Section 7-1-8 above.

Approved by a majority of legal electors of the City of Van Horne, Iowa, on July 10, 1984.


140


CHAPTER 2 TELEPHONE FRANCHISE

7-2-1 Franchise Granted 7-2-5 Hold Harmless7-2-2 Poles and Fixtures 7-2-6 Non-Exclusive Ordinance7-2-3 Surface Restoration 7-2-7 City Protection of Cooperative7-2-4 Franchise Subject to City 7-2-8 Effective Date

Regulations

7-2-1 FRANCHISE GRANTED. That Van Horne Cooperative Telephone Company, a non-pecuniary cooperative corporation organized under the laws of the State of Iowa (hereinafter referred to as the “Cooperative”), its successors or assigns, be, and they hereby are, granted the right, privilege, and authority for a term of twenty-five (25) years from and after the adoption, approval, and final acceptance hereof, to erect, maintain, and operate a telephone system within the present and future corporate limits for the City of Van Horne, Iowa, and said Cooperative, its successors and assigns, are granted the right, privilege, and authority to erect and install all necessary poles, towers, conduits, manholes, wires, cables, fixtures, and apparatus over, across, and under the streets and alleys of the City of Van Horne, Iowa, and over and across any private lands therein upon proper proceedings in eminent domain for the said period of time and for said purposes upon the following terms and conditions.

7-2-2 POLES AND FIXTURES. All poles and fixtures erected, operated, and maintained by said Cooperative under and by virtue of this Ordinance shall be located, erected, and maintained under the supervision and direction of the City Council of said City and shall be so located as not to permanently interfere with or obstruct the free public use of or travel over any street or alley, or permanently interfere with the repairs of the same.

7-2-3 SURFACE RESTORATION. After the placing of any conduit or manhole, or the erection of any pole or fixture, or the removal of any such, said Cooperative, at its own expense, shall restore the surface of the street, alley, or sidewalk which was disturbed by it to the condition in which it was found. The work of restoring the street, alley, or sidewalk, as aforesaid, shall be done under the supervision of the streets and alleys committee of the City Council of said City.

7-2-4 FRANCHISE SUBJECT TO CITY REGULATIONS. This franchise is granted subject to all ordinances now in force in said town and such other reasonable regulations by ordinances as may be enacted by said City of Van Horne, Iowa.

7-2-5 HOLD HARMLESS. Said Cooperative shall hold the City free and harmless from any and all damages of every kind and character whatsoever caused by the construction, operation, or maintenance of said telephone lines, fixtures, and equipment.

7-2-6 NON-EXCLUSIVE ORDINANCE. Nothing in this ordinance shall be construed as granting unto said Cooperative an exclusive right or franchise for the use of said streets or alleys for said purposes, nor to prevent the granting of similar privileges to other individuals or corporations for like purposes.

7-2-7 CITY PROTECTION OF COOPERATIVE. The City shall pass such ordinances as the Council may deem necessary or advisable for the due, legal, and complete protection of said Cooperative in the enjoyment


141

of all its rights and privileges granted to it by this grant or franchise, and shall attach penalty of fine or imprisonment for interference with or damage to the property of said Cooperative.

7-2-8 EFFECTIVE DATE. This ordinance shall be in force and effect from and after its passage and publication according to law and its authorization and approval by a majority vote of the electors voting at the special election to be held in the City of Van Horne, Iowa, on the 26th day of March, 1991, and its acceptance by the Grantee.

This ordinance was adopted by the City Council of the City of Van Horne, Iowa, on the 2nd day of January, 1991.


142


CHAPTER 3 CABLE TELEVISION FRANCHISE

7-3-1 Grant of Franchise 7-3-4 Severability Clause7-3-2 Effective Date of Franchise 7-3-5 Conflicting Ordinances7-3-3 Ownership of Franchise 7-3-6 Effective Date of Ordinance

PURPOSE: TO GRANT VAN HORNE CO-OP TELEPHONE CO. D/B/A VAN HORNE CABVLEVISION (HEREINAFTER “VAN HORNE”), A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF IOWA, ITS SUCCESSORS AND ASSIGNS, THE NON-EXCLUSIVE RIGHTS, PRIVILEGES, AND AUTHORITY TO CONSTRUCT, OPERATE, MAINTAIN, REPAIR, REPLACE, RENEW, RECONSTRUCT, AND REMOVE A CABLE TELEVISION SYSTEM ACROSS PUBLIC PROPERTY IN THE CITY LIMITS FOR A TERM OF TWENTY-FIVE (25) YEARS.

7-3-1 GRANT OF FRANCHISE. A non-exclusive right is hereby granted to Van Horne, its successors and assigns, to establish, construct, operate, maintain, repair, replace, renew, reconstruct, and remove a cable television system across public property in the City limits for a term of twenty-five (25) years, in accordance with the laws and regulations of the United States of America and the State of Iowa and the Ordinances and regulations of the City of Van Horne, including the nonexclusive right, privilege, and authority:

(a) To sell and supply audio and video communication service to persons within the City;

(b) To use public property within the City; and

(c) To engage in such further activities within the City as may now or hereafter be consistent with the generally accepted principles applicable to the operation of a cable television system.

7-3-2 EFFECTIVE DATE OF FRANCHISE. The franchise shall become effective from and after the effective date of this Ordinance and compliance by Van Horne with Federal Communications Commission rules and regulations.

7-3-3 OWNERSHIP OF FRANCHISE. Van Horne shall not assign or transfer any right granted under this Ordinance to any other person, company, or corporation without prior consent of the City Council, which consent shall not be unreasonably withheld, provided that the company shall have the right to assign this franchise to a corporation wholly owned by the company or to a limited partnership of which the company or other wholly owned subsidiary of Van Horne Cablevision, is a general partner, without prior consent of the City.

7-3-4 SEVERABILITY CLAUSE. Should any section, clause, or provision of this Ordinance by declared invalid by a court of record, the same shall not affect the validity of the Ordinance as a whole or any part thereunder other than the part so declared invalid.

7-3-5 CONFLICTING ORDINANCES. All Ordinances or parts thereof in conflict with the terms of this Ordinance are hereby repealed, provided, however, that such repeal shall only be to the extent of such conflict.

7-3-6 EFFECTIVE DATE OF ORDINANCE. This Ordinance shall be in full force and effect from and after its adoption and approval by the electors, City of Van Horne, Iowa, its publication as provided by law,


143

and its written acceptance by Van Horne Cable Systems.

[This Ordinance became effective December 15, 1982.]


144


CHAPTER 4 NATURAL GAS FRANCHISE

7-4-1 Franchise Granted 7-4-7 Grantee’s Rights7-4-2 Capacity 7-4-8 Successors and Assigns7-4-3 Construction Regulations 7-4-9 Franchise Acceptance7-4-4 Disturbances and Excavations 7-4-10 Repealer7-4-5 Extensions 7-4-11 Effective Date7-4-6 Hold Harmless

AN ORDINANCE GRANTING UNTO IOWA ELECTRIC LIGHT AND POWER COMPANY, AN IOWA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE AND RIGHT FOR A PERIOD OF TWENTY-FIVE YEARS TO ERECT, CONSTRUCT, RECONSTRUCT, MAINTAIN, AND OPERATE A NATURAL GAS PLANT OR PLANTS, AND/OR A PLANT OR PLANTS FOR THE MANUFACTURING AND PROCESSING OF ANY AND ALL KINDS OF GAS, AND/OR DISTRIBUTING SYSTEMS FOR THE DISTRIBUTION OF NATURAL GAS OR ANY AND ALL OTHER TYPES AND KINDS OF GAS IN THE CITY OF VAN HORNE, IOWA, AND TO ENTER UPON AND TO USE AND OCCUPY THE STREETS, AVENUES ALLEYS, BRIDGES, AND OTHER PUBLIC PLACES OF SAID CITY FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, MAINTAINING, AND OPERATING THEREIN, THEREON, AND THEREUNDER SAID SYSTEMS FOR THE DISTRIBUTION OF NATURAL GAS OR ANY AND ALL OTHER TYPES AND KINDS OF GAS, CONSISTING OF MAINS, PIPES, PIPE LINES, DISTRIBUTING LINES, CONDUITS, AND OTHER EQUIPMENT, APPURTENANCES, AND CONSTRUCTION NECESSARY OR INCIDENT TO SAID DISTRIBUTION SYSTEMS, AND TO SELL, DISTRIBUTE, AND SUPPLY NATURAL GAS AND/OR ANY AND ALL OTHER TYPES AND KINDS OF GAS TO SAID CITY AND THE INHABITANTS THEREOF AND OTHERS WITHIN AND WITHOUT SAID CITY FOR ALL PURPOSES, AND PRESCRIBING THE TERMS AND CONDITIONS OF THE GRANT AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH.

7-4-1 FRANCHISE GRANTED. The City of Van Horne, Iowa, hereby grants unto Iowa Light and Power Company, an Iowa Corporation, its successors and assigns, hereinafter called the Grantee, a non-exclusive franchise and right for a period of twenty five years from and after the date this Ordinance becomes effective, to erect, construct, reconstruct, maintain, and operate within the corporate limits of said City of Van Horne, Iowa as the same now are or hereafter may be located or extended, a natural gas plant or plants, and/or a plant or plants for the manufacturing and processing of any and all kinds of gas, and to erect, construct, reconstruct, maintain, and operate within said corporate limits distributing systems for the distribution of natural gas or any and all other types and kinds of gas, whether said plant or plants and distribution systems have been heretofore or hereafter may be constructed, together with the franchise and right to enter upon and to use and occupy the streets, avenues, alleys, bridges, and other public places of said City as the same now are of hereafter may be located or extended, for the purpose of constructing, reconstructing, maintaining, and operating therein, thereon, and thereunder systems for the distribution of natural gas and/or any and all other kinds of gas, consisting of mains, pipes, pipe lines, distributing lines, conduits, and other equipment, appurtenances, and construction necessary and incident to said distribution systems, and together with the franchise and right to supply, distribute and sell natural gas and/or any and all other kinds of gas to said City and to the inhabitants thereof and others within and without the corporate limits of said City for any and all purposes, and upon such terms and conditions and under such restrictions and regulations as are hereinafter contained, and such other


145

reasonable rules and regulations as hereafter may be provided by the rule-making body having jurisdiction thereof.

7-4-2 CAPACITY. The Grantee shall maintain within said City a modern gas service, with sufficient capacity to meet the reasonable requirements of its patrons, and shall supply same in such a manner as to render efficient service unless prevented by an Act of God, a public enemy, a governmental authority, or by a cause not under the control of the Grantee, and in any such event, the Grantee may adopt reasonable rules and regulations governing the volume of gas which it shall be required to furnish its patrons or any class of patrons.

7-4-3 CONSTRUCTION REGULATIONS. The systems for the distribution of gas shall be constructed, maintained, and operated by the Grantee in such a manner as not to endanger persons or property, and so as not to interfere unreasonably with any improvements the City may deem proper to make, or to hinder unnecessarily or obstruct the free use of the streets, avenues, alleys, bridges, or other public places, and so as not to interfere with the sewers, drainage, or water system of the City.

7-4-4 DISTURBANCES AND EXCAVATIONS. Whenever the Grantee, in erecting, constructing, or maintaining said distribution systems, shall take up or disturb any pavement or sidewalk or make any excavation in the streets, avenues, alleys, bridges, or public places of said City, such excavations shall at once be refilled and the pavement, sidewalk, or other improvement replaced to the satisfaction of the City officials, and, in case of failure to do so as promptly as is practical, the City may do so at the expense of the Grantee.

7-4-5 EXTENSIONS. The Grantee shall extend its mains as provided by its most current gas tariff and applicable rules promulgated by the governing regulatory body for customers in all cases where bona fide customers apply in writing to be supplied with gas and if said applicants shall sign reasonable contracts for the use of gas.

7-4-6 HOLD HARMLESS. The Grantee shall hold the said City harmless form any and all causes of action, litigation, or damages which may arise through or by reason of the construction, reconstruction, maintenance, and operation of said systems for the distribution of gas and other construction hereby authorized.

7-4-7 GRANTEE’S RIGHTS. Said Grantee shall have the right to supply, distribute, and sell gas for any and all purposes to said City and to the inhabitants thereof, and to charge therefor such just and reasonable rates as hereafter may be fixed and determined by the rate-making body established under the laws of the State of Iowa and given jurisdiction thereof.

7-4-8 SUCCESSORS AND ASSIGNS. All of the provisions of this Ordinance shall apply to the successors or assigns of the Grantee with the same force and effect as they do to the Grantee itself.

7-4-9 FRANCHISE ACCEPTANCE. The Grantee shall, within sixty (60) days after the publication of this Ordinance, signify in writing an acceptance of the grant herein, including the conditions and restrictions herein expressed, and this Ordinance, and the franchise granted herein, shall not be operative or binding until such acceptance is filed with the City Clerk. The Grantee shall pay the costs incurred in holding the election to submit this Ordinance to the legal electors for their approval as provided by law.

7-4-10 REPEALER. All ordinances or parts of ordinances, insofar as they are in direct conflict herewith, are hereby repealed.

7-4-11 EFFECTIVE DATE. This Ordinance shall take effect and be in full force and effect, subject to its approval by a majority of the legal electors of the City of Van Horne, Iowa, voting thereon and upon its


146

publication as provided by law, and subject to its acceptance by the Grantee as provided in Section 9 above.

[Ordinance No. 15A, adopting a Natural Gas Franchise was adopted by the City Council of the City of Van Horne on February 6, 1991. A majority of the electors of the City of Van Horne voted in favor of the Ordinance on March 26, 1991 Final acceptance by the Grantee was filed with the City Clerk on June 18, 1991.]



147

CHAPTER 5 URBAN RENEWAL AREA

7-5-1 Reserved7-5-2 Reserved

7-5-1 RESERVED.

7-5-2 RESERVED.



148

CHAPTER 6 ORDINANCE VACATING STREETS

7-6-1 Reserved

7-6-1 RESERVED.


cdb45960-6a8a-43… · web view11. "oath" shall be construed to include an affirmative...

Documents