HomeMy WebLinkAboutCouncil Packet - 10/28/2019Council Work Session
October 28, 2019
Time indicated below
Harold E. Getty Council Chambers
Roll Call.
Approval of Agenda, as proposed or amended.
4:10 p.m. Review of edits to Title 1 of the City Code.
Submitted By: Kelley Felchle, City Clerk
Approx. Discussion of changes to the refuse and recycling ordinance.
4:40 p.m.
Submitted By: Randy Bennett, Public Works Division Manager
ADJOURNMENT
Kelley Felchle
City Clerk
CITY OF WATERLOO
Council Communication
Review of edits to Title 1 of the City Code.
City Council Meeting: 10/28/2019
Prepared: 8/1/2019
REVIEWERS:
Department Reviewer Action Date
Clerk (...gtiee Feichie, Kelley Approved 8/ /20 19 4:57 P
ATTACHMENTS:
Description Type
D Ordinance as pmposed Ba.ckup Material.
D Cen.slire Memo Backup Material.
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
Review of edits to Title 1 of the City Code.
Submitted By: Kelley Felchle, City Clerk
Revisions to Title 1 of the Waterloo City Code
First Draft o Council — 5/31/2019
RULES OF PROCEDURES INCORPORATED INTO CITY CODE
Table of Contents
CHAPTER 1 OFFICIAL CITY CODE 2
CHAPTER 2 MUNICIPAL CHARTER AND SEAL 5
CHAPTER 3 GENERAL PENALTY 6
CHAPTER 4 ROLES AND DECORUM OF ELECTED OFFICIALS 7
CHAPTER 5 MEETINGS AND AGENDAS 9
CHAPTER 6 RULES OF PROCEDURE 13
ARTICLE A CONFIDENTIAL INFORMATION 18
ARTICLE B CENSURE OF ELECTED OFFICIALS 20
CHAPTER 7 MUNICIPAL OFFICIALS 28
ARTICLE A. CITY CLERK 28
ARTICLE B. CITY ATTORNEY 30
ARTICLE C. CHIEF FINANCIAL OFFICER 31
CHAPTER 8 MUNICIPAL DIVISIONS AND DEPARTMENTS 35
ARTICLE A. DIVISION OF ARTS AND LEISURE 36
ARTICLE B. DIVISION OF COMMUNITY PLANNING AND DEVELOPMENT 36
ARTICLE C. DIVISION OF PUBLIC WORKS 38
ARTICLE D. AIRPORT 40
ARTICLE E. FIRE RESCUE 41
ARTICLE F. HUMAN RESOURCES 42
ARTICLE G. HUMAN RIGHTS COMMISSION 43
ARTICLE H. LIBRARY 43
ARTICLE I. POLICE DEPARTMENT 43
ARTICLE J. TECHNOLOGY SERVICES 46
CHAPTER 9 MUNICIPAL ELECTIONS 60
CHAPTER 10 MUNICIPAL FINANCES 78
ARTICLE A. HOTEL AND MOTEL TAX 81
Note: Words in red with a strike through effect are proposed deletions. Words in blue with an underline
effect are proposed additions.
CHAPTER 1
OFFICIAL CITY CODE
1-1-1: CODE DESIGNATED:
1-1-2: RULES OF CONSTRUCTION, DEFINITIONS:
1-1-3: CATCHLINES:
1-1-4: EFFECT OF REPEALS:
1-1-5: ALTERING THE CODE:
1-1-6: AMENDMENTS TO CODE:
1-1-7: SEVERABILITY:
1-1-1: CODE DESIGNATED:
The ordinances embraced in the following titles, chapters and sections constitute and are
designated the CITY CODE OF THE CITY OF WATERLOO, IOWA, and may be so cited. (1970
Code, § 1-1)
1-1-2: RULES OF CONSTRUCTION, DEFINITIONS:
In the construction of this code, the following rules shall be observed, unless such construction
would be inconsistent with the manifest intent of the city council or repugnant to the context of
the provisions:
CITY: The city of Waterloo, Iowa, and extended to its several officers, agents and employees.
CITY ATTORNEY: The chief legal officer of the city; --
CITY CLERK: The city clerk of the city.
COMPUTING TIME; HOLIDAYS: In computing time, the first day shall be excluded and the
last included, unless the last day falls on Sunday, in which case the time prescribed shall be
extended so as to include the whole of the following Monday; provided that, whenever the last
day for the commencement of any action or proceedings, the filing of any pleading or motion in
a pending action or proceedings or the perfecting or filing of any appeal from the decision of any
court, board, commission or official falls on a Saturday, a Sunday or any recognized legal
holiday, the time therefor shall be extended to include the next day which is not a Saturday,
Sunday or such legal holiday.
COUNTY: The county of Black Hawk in the state of Iowa.
DELEGATION OF AUTHORITY: Whenever a provision appears requiring an officer of the city
to do some act or make certain inspections, it is to be construed to authorize the officer to
designate, delegate and authorize subordinates to perform the required act or make the required
inspection unless the terms of the provision or section designate otherwise.
GENDER: Words importing the masculine gender only --shall may be extended to females.
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JOINT AUTHORITY: Words giving a joint authority to three (3) or more public officers or
other persons shall be construed as giving such authority to a majority of them, unless it is
otherwise expressed.
LAND, REAL ESTATE: The word "land" and phrases "real estate" and "real property" include
land, tenements, hereditaments and all rights thereto and interest therein, equitable as well as
legal.
MONTH, YEAR: The word "month" means a calendar month and the word "year" means a
calendar year.
NUMBER: Words incorporating the singular number may be extended to several persons or
things, and words importing the plural number may be applied to one person or thing.
OATH OR AFFIRMATION: The word "oath" includes affirmations in all cases where an
affirmation may be substituted for an oath, and in like cases the word "swear" includes "affirm".
OFFICIALS, BOARDS, COMMISSIONS, ETC.: Whenever reference is made to officials,
boards and commissions by title only, i.e., "council", "clerk", "the mayor" etc., they shall be
deemed to refer to the officials, boards and commissions of the city of Waterloo.
OR, AND: "Or" may be read "and", and "and" may be read "or" if the sense requires it.
PERSON: Includes and is applied to corporations, associations, clubs, societies, firms,
partnerships, municipalities and bodies politic and corporate as well as to individuals.
PERSONAL PROPERTY: Includes money, goods, chattels, evidences of debt and things in
action.
PROPERTY: Includes real and personal property.
STATE: The state of Iowa.
TENSE: Words used in the present or past tense include the future as well as the present and
past.
WORDS AND PHRASES: Words and phrases shall be construed according to the context and
the approved usage of the language; technical words and phrases, and such others as may have
acquired a peculiar and appropriate meaning in law, shall be construed according to such
meaning.
WRITTEN, IN WRITING: Any mode of representing words and letters in general use, except
that signatures, when required, must be made by the writing or mark of the person. (1970 Code,
§ 1-2; amd. 2001 Code)
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1-1-3: CATCHLINES:
Unless set out in the body of the section itself, the catchlines of the several sections and/or
subsections of this code do not constitute any part of the law, and are intended merely to
indicate, explain, supplement or clarify the contents of a section and/or subsection. (1970 Code,
§ 1-3)
1-1-4: EFFECT OF REPEALS:
The repeal of an ordinance does not revive an ordinance previously repealed, nor affect any
rights which have accrued, any duty imposed or any proceedings commenced under or by virtue
of the ordinance repealed. (1970 Code, § 1-5)
1-1-5: ALTERING THE CODE:
It is unlawful for any person to change or amend, by additions or deletions, any part or portion of
this code, or to insert or delete pages, or portions thereof, or to alter or tamper with such code in
any manner whatsoever which will cause the law of the city to be misrepresented thereby. (1970
Code, § 1-6)
1-1-6: AMENDMENTS TO CODE:
A. All ordinances passed subsequent to this code which amend, repeal or in any way affect this
code, may be numbered in accordance with the numbering system of this code and printed for
inclusion herein. When subsequent ordinances repeal any chapter, section or subsection or any
portion thereof, such repealed portions may be excluded from this code by omission from
reprinted pages. The subsequent ordinances, as numbered and printed, or omitted in the case of
repeal, shall be prima facie evidence of such subsequent ordinances until such time as this code
and subsequent ordinances numbered or omitted are readopted as a new code.
B. Amendments to any of the provisions of this code may be made by amending such provisions
by specific reference to the section number of this code in substantially the following language:
"That section of the city code of Waterloo, Iowa, is hereby amended to read as follows:...". The
new provision shall then be set out in full as desired.
CIn the event a new section not heretofore existing in this code is to be added, the following
language may be used: "That the city code, city of Waterloo, Iowa, is hereby amended by adding
a section, to be numbered , which said section reads as follows: ...". The new section shall then
be set out in full as desired. (Ord. 3522, 1-25-1988; amd. Ord. 3855, 4-13-1992)
1-1-7: SEVERABILITY:
The sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any
phrase, clause, sentence, paragraph or section of this code shall be declared invalid,
unenforceable or unconstitutional by the valid judgment or decree of a court of competent
DRAFT DATE - 5/31/2019 4
jurisdiction, such invalidity, unenforceability or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this code. (1970 Code, § 1-4)
CHAPTER 2
MUNICIPAL CHARTER AND SEAL
1-2-1: MUNICIPAL CHARTER:
1-2-2: MUNICIPAL SEAL:
1-2-1: MUNICIPAL CHARTER:
A. Purpose: The purpose of this section is to provide for a charter embodying the form of
government existing on July 24, 1972.
B. Citing Charter: This section may be cited as the CHARTER OF THE CITY OF WATERLOO,
IOWA.
C. Form Of of Government: The form of government of the city is the mayor -council form of
government.
D. Powers And 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.
E. Number And and Term Of of Council: The city council shall consist of two (2) councilpersons
elected at large and one councilperson from each of the five (5) wards as established by
ordinance, elected to hold office as follows:
1. In the election to be held in 1993, the councilpersons from wards one, three and five
shall be elected for a term of four (4) years. The councilpersons from wards two and four
shall be elected for a term of two (2) years. The at -large councilperson who receives the
highest number of votes is elected for a four (4) year term; the other is elected to a two
(2) year term.
2. Thereafter, each councilperson shall be elected for a term of four (4) years.
F. Term Of of Mayor: The mayor is elected for a term of two (2) years.
G. Copies on File: The city clerk shall keep an official copy of this charter on file with the
official records of the city clerk, shall immediately file a copy with the secretary of the state of
Iowa, and shall keep copies of the charter available at the city clerk's office for public inspection.
(Ord. 2603, 8-14-1972; amd. Ord. 3856, 4-13-1992)
DRAFT DATE - 5/31/2019 5
1-2-2: MUNICIPAL SEAL:
A seal, having in the center the words "WATERLOO, IOWA", and around the margin the words
"City Seal", be and the same is hereby declared to be the common seal of the city. The city clerk
shall procure such a seal, have the custody of the seal, and cause it to be
affixed to all transcripts, orders, or certificates, which it may be necessary or proper to
authenticate. (Rev. Ord. 1188, Comp. 1941, p. S-9)
CHAPTER 3
GENERAL PENALTY
1-3-1: GENERAL PENALTY:
1-3-2: MUNICIPAL INFRACTIONS:
1-3-1: GENERAL PENALTY:
The doing of any act prohibited or declared to be unlawful or a misdemeanor by this code, or the
omission or failure to perform any act or duty required by this code is, unless another penalty is
specified, punishable by a fine in line with maximums allowed by state lawhr aat
ceeding five hundred dollars ($500. )-or imprisonment not to exceed thirty (30) days. (Ord.
4441, 10-16-2000)
1-3-2: MUNICIPAL INFRACTIONS:
A. Definitions: As used in this section, or with reference hereto, the following words and terms
shall have the meaning ascribed thereto:
MUNICIPAL INFRACTION: The doing of any act prohibited or declared to be unlawful, an
offense or a misdemeanor, by this code or any ordinance or code hereby adopted by reference, or
omission or failure to perform any act or duty requested by this code or any ordinance or code
herein adopted by reference. A violation shall not be a municipal infraction if it is a felony, an
aggravated misdemeanor or a serious misdemeanor under state law or if the violation is a simple
misdemeanor under Iowa Code chapters 687 through 747. A municipal infraction is punishable
by civil penalty as provided herein.
OFFICER: Any employee or official authorized to enforce this code of the city of Waterloo.
REPEAT OFFENSE: A recurring violation of the same section of this code.
B. Adoption Of of Iowa Code On Municipal Infractions: Iowa Code section 364.22, municipal
infractions, is hereby adopted by reference, in its entirety. All amendments to Iowa Code section
364.22 shall automatically modify this section. (Ord. 4920, 7-14-2008)
C. Penalties: The civil penalties for municipal infractions will be in line with maximums allowed
by state law. (Ord. 5133, 10-1-2012)
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D. Notice Of of Violation: Any act constituting a municipal infraction under this code may be
initially charged upon simple notice of violation. The city may serve a notice of violation upon a
party charged with an act constituting a municipal infraction either by delivering said notice
personally or by certified mail to the party's last known address. A person who admits the
reported violation may remit payment of the penalty to the city and perform any other act
required to be performed, and in such event the person charged shall not be further prosecuted by
issuance of a municipal infraction citation and will not be assessed any costs or other expenses
for such violation. The city shall retain all penalties thus collected. If the person charged denies
the reported violation or fails to timely perform any act required to be performed by the notice of
violation, a civil municipal infraction citation shall be served in the manner prescribed by the
applicable provision(s) of this code. Nothing in this section imposes a duty on the city or any
officer to initially charge any act or all acts constituting a municipal infraction upon simple
notice of violation, and the officer charged with enforcement may initially issue a civil municipal
infraction citation seeking a civil penalty with or without additional relief (Ord. 4920, 7-14-
2008)
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CHAPTER 4
ROLES AND DECORUM OF ELECTED OFFICIALS
1-4-1: ROLE OF MAYOR AND COUNCIL:
1-4-2: COUNCIL MEMBER COMMUNICATIONS WITH CITY EMPLOYEES:
1-4-3: COUNCIL MEMBERS AND THE EMPLOYEE DISCIPLINARY PROCESS:
1-4-4: COUNCIL MEETING DECORUM:
1-4-5: SPEAKING DURING PUBLIC MEETINGS:
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7
1-4-1: ROLE OF MAYOR AND COUNCIL:
A. Mayor: The mayor is the chief executive officer of the city, head of the executive branch of
the city, ceremonial head of the City and, when present at a council meeting, is presiding officer
of the council. As head of the executive branch of the city, the mayor oversees the daily
administration of the city by supervising and directing all city employees and departments. The
mayor shall recommend the appointment of department heads with the consent of council.
B. Council: city council is the legislative body of the city and exercises its powers and duties as
a quorum of council members during open meetings. Council is responsible for enacting laws
and setting policy by which the city takes action.
1-4-2: COUNCIL MEMBER COMMUNICATIONS WITH CITY EMPLOYEES:
A. Council members shall refrain from becoming directly involved in the administrative
activities and daily responsibilities of employees. Council members may make inquiries of
department heads or their designee, for the limited, legitimate purpose of informing themselves
regarding agenda items or important affairs of an immediate and urgent nature. The mayor may
choose to establish formal procedure for council -department head interaction and department
head support of council committees. Council members may fully and freely discuss with the
mayor anything pertaining to city affairs.
B. City Council shall avoid situations that can result in city employees being directed,
intentionally or unintentionally, by one or more members of the council. While council member
interaction with the city's employees is unavoidable, giving direction in regard to other city
employees, duties, working conditions, supervisors, etc., is discouraged. If an employee voices a
concern or complaint with them, council members may listen to such concerns and complaints,
and shall then refer any such complaints back to the mayor, or if the mayor is involved in the
matter, to the human resources director, for follow up and action if needed. Council members
may remind the city's employees that they have a number of resources at their disposal to
address employment issues if needed, including the employee handbook, or following the
grievance procedures set forth in their collective bargaining agreement in the case of a union
employee. This section shall not be construed as prohibiting or discouraging employees from
reporting criminal acts or serious acts of personal misconduct that violate the employee
handbook.
C. In situations in which an employee approaches a council member and the communication
does not involve a complaint or concern with regard to other city employees, duties, working
conditions, supervisors, or other terms of employment, council members may freely speak with
the employee.
1-4-3: COUNCIL MEMBERS AND THE EMPLOYEE DISCIPLINARY PROCESS:
A. Council members shall not become involved in disciplinary matters and the disciplinary or
investigative process except where adopted city policy or state law may allow such participation.
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B. Council members shall operate within the city's established chain of command. The
established chain of command requires the mayor, department heads, managers, and supervisors
to oversee and direct their workforce on behalf of the city. The human resources director and
mayor are required to ensure city policies are consistently applied across all departments. This is
to avoid inconsistent or political influences in the investigative or disciplinary process, which
may lead to arbitration, civil service proceedings, or litigation.
1-4-4: COUNCIL MEETING DECORUM:
A. The presiding officer shall preserve order and decorum, prevent attacks on personalities and
the impugning of members' motives, confine members in deliberation and debate to the question
under discussion, and decide all questions of order.
B. Every member of the public and every council member desiring to speak shall address the
presiding officer, only upon recognition by the presiding officer, and shall confine comments to
the question under debate, avoiding inappropriate language and personal attacks.
1-4-5: SPEAKING DURING PUBLIC MEETINGS:
A. When two or more council members address the presiding officer at once, the presiding
officer shall name the member who is to speak. Council members shall refrain from discourse
while another member or the presiding officer is speaking. Cell phone and email use shall be
limited during any city council meeting. Exceptions may be granted at the discretion of the
presiding officer.
B. Council members shall only speak once until each member choosing to speak shall have
spoken.
C. Council members shall only have the floor for a maximum of three minutes each time they
have the floor.
D. The presiding officer may make a call to order if a council member violates rules of decorum,
and upon such a call, the council member shall immediately cease speaking. The council
member may appeal to the presiding officer for an opportunity to explain the remarks. If no
appeal is made, the decision of the presiding officer shall be conclusive, but if the member shall
appeal from the decision of the presiding officer, the council shall decide the question without
debate by majority vote.
CHAPTER 5
MEETINGS AND AGENDAS
1-5-1: QUORUM:
1-5-2: METHOD OF KEEPING MINUTES:
1-5-3: ORDER OF SEATING:
1-5-4: MEETINGS:
1-5-5: STANDING COMMITTEES OF COUNCIL:
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1-5-6: SPECIAL COMMITTEES:
1-5-7: COUNCIL MEMBER ABSENCE:
1-5-8: COUNCIL PARTICIPATION VIA TELEPHONE:
1-5-9: ORDER OF BUSINESS FOR REGULAR MEETINGS:
1-5-10: AFFIRMATIVE MOTIONS
1-5-11: PLACING ITEMS ON THE AGENDA:
1-5-1: QUORUM:
A majority of the whole number of members of the council to which the city is entitled shall be
necessary to constitute a quorum. The number of members needed for a quorum of the city
council is four (4). Less than a quorum may adjourn and compel the attendance of members.
1-5-2: METHOD OF KEEPING MINUTES:
A. Minutes of all meetings shall be maintained by the city clerk as a permanent record. A
record shall be made of the names and addresses of persons addressing council and a summary of
their remarks. Minutes shall be available for viewing by any member of the public during
normal city hall business hours as soon as the minutes of the meeting are complete. Minutes
shall be made available no later than the close of business on the Friday prior to the next regular
council meeting.
B. Council members shall notify the city clerk prior to the start of the meeting if a correction to
the previous meeting's minutes is suggested to allow the city clerk time to verify that such a
correction is required.
1-5-3: ORDER OF SEATING:
Council members shall occupy the respective seats in the council chambers assigned to them by
the mayor.
1-5-4: MEETINGS:
A. Regular Meetings: Regular meetings of the city council shall be held on the second and fourth
Mondays of each month at the council chambers in the city hall at five thirty o'clock (5:30) P.M.,
or at such other designated place other than the council chambers pursuant to Subsection D of
this section; however, when a meeting date falls on a day designated by the city as a holiday,
then the regular meeting shall be held on the following evening at five thirty o'clock (5:30) P.M.
in the council chambers at the city hall, or at such other designated place other than the council
chambers. The city council may adjourn a regular meeting to any date it may deem proper.
B. Special Meetings: Special meetings of the city council may be called by the mayor or by any
four (4) council members, by serving a written notice of the special meeting to the city clerk not
less than 72 hours prior to the meeting. Only such business may be transacted at a special
meeting as is mentioned or referred to in the notice of the meeting. Special meetings shall be
held in the council chambers, unless the council by resolution designates a different place of
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meeting. Notice of such change of meeting place shall be given to the public by publication.
The city clerk shall deliver notice of the meeting to council members via email and to their city -
issued mailbox no later than 24 hours prior to the meeting. Every attempt must be made to
confirm council members are in receipt of the notice of special meeting and are aware that said
meeting is to take place.
C. Work Session: Work session meetings of the city council may be held on the same day as a
regular session meeting to review matters which are expected to come before city council for
formal action at a regular meeting or otherwise need study and advance consideration. Items to
be considered shall be listed on the agenda and shall state the approximate start time for each
item following the first. Council recommendations for future action, when necessary, shall be
made in the form of a motion and approved by a majority vote.
D. Change of Location: Regular, special, or work session meetings of the city council may be
held at such other designated place other than the council chambers in the city hall as the city
council may deem advisable; provided, however, such designation of a meeting place other than
the council chambers in the city hall shall be by city council resolution. Notice of such change
of meeting place shall be given to the public by publication as provided by Iowa Code section
362.3.
1-5-5: STANDING COMMITTEES OF COUNCIL:
The mayor may create and appoint no fewer than three council members to standing committees
of the council. Committee members shall be appointed at the first meeting in January or at the
time a vacancy occurs. A chair shall be selected from the members of the committee. Nothing
shall preclude the council from acting as deemed necessary without the input of a committee in
the case of an emergency to appropriately and properly conduct the business of the city. Each of
the following committees shall specifically be assigned the following responsibilities and other
duties as deemed appropriate:
1. Finance Committee: This committee shall review travel requests, budget line item
amendments, expenditure pre -authorizations, and refund requests for sanitation services
in accordance with city finance policies and procedures. The committee shall meet prior
to each regular session.
1-5-6: SPECIAL COMMITTEES:
A. The mayor or a quorum of the council may appoint members to temporary advisory or ad hoc
committees consisting of council members, staff, and/or private citizens, as deemed desirable
and necessary to assist and advise the mayor or council. Members of council -appointed
committees shall abide by Iowa Open Meeting Laws.
B. The special committee shall prepare and deliver a final report of its findings to the Mayor if
created by the Mayor or Council if created by the Council. The special committee shall be
considered discharged upon delivery of the final report.
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1-5-7: COUNCIL MEMBER ABSENCE:
Council members who are unable to attend a scheduled meeting shall notify the mayor and city
clerk prior to the meeting.
1-5-8: COUNCIL PARTICIPATION VIA TELEPHONE:
A Council member who is physically unable to attend a meeting may participate via telephone.
They shall provide a reliable telephone number, a quiet environment, join the meeting by 5:30
p.m., and remain on the phone for the entire meeting.
1-5-9: ORDER OF BUSINESS FOR REGULAR MEETINGS:
A. Business for a regular meeting may be ordered as follows:
Roll Ca11
Prayer or Moment of Silence
Pledge of Allegiance
Approval of Agenda, as proposed or amended
Approval of Minutes of the previous meeting
Presentations or Recognitions
Public comment
Consent Agenda (The Consent Agenda is reserved for routine resolutions and motions, acted
upon by roll call vote on a single motion without separate discussion. Council shall either vote
vea or nay when the roll is called. Council may remove an item from the Consent Agenda and
consider it separately.)
Items that may appear on the Consent Agenda include but are not limited to the following:
1. Resolution of bills
2. Setting date of public hearing
3. Assessment cancellation
4. Water kill
5. CLURA/CURA applications
6. Waiver for a concrete driveway application
7. Parade route/street closure
8. Noise variance
9. Travel request approval
10. License/Permit approval
11. Board/Commission/Employee appointments
12. Bonds
Remainder of the Agenda may include but is not limited to the following:
1. Public Hearings
2. Resolutions
3. Ordinances
4. Other Council Business (Reserved for approval of non -routine motions and revocation
hearings.)
5. Executive Session
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6. Adjournment
B. The mayor or council shall have the authority to vary from this schedule to expedite the
conduct of business or accommodate persons having business to be considered by council.
1-5-10: AFFIRMATIVE MOTIONS
All motions, resolutions, ordinances shall be listed on the agenda in the form of an affirmative
motion to enact, adopt, approve or other appropriate language. The council members who move
and second the motion are not required to vote in favor of the item during the roll call or voice
vote.
1-5-11: PLACING ITEMS ON THE AGENDA:
A. All agenda items and supporting materials are due to the city clerk's office at a date and time
designated by the city clerk on the Wednesday preceding the regular Council meeting. The
process for adding items to the agenda varies for staff, council, and the mayor. Agenda items
shall be added as follows:
1. Mayor and Staff: Mayor and staff members shall submit agenda items using the agenda
management software.
2. Council: Council members shall submit agenda items to the mayor and must do so by the
deadline designated by the city clerk. Items submitted by council shall be reviewed by
the city attorney, city clerk, or appropriate staff and be placed on a work session agenda
for discussion and review prior to being placed on the regular agenda for a vote.
B. The finalized agenda and packet shall be available to the public at the close of business of the
Friday preceding the council meeting. The mayor has final approval of all items listed on the
agenda. Once finalized, the mayor may withdraw any item prior to the council meeting and must
do so in writing in the form of an amendment notice provided to council at the start of the
meeting. The amendment notice must include a reason for withdrawing the item. Council may
choose to keep the item on the agenda by a majority vote.
CHAPTER 6
RULES OF PROCEDURE
1-6-1: PRESIDING OFFICER:
1-6-2: DEBATE AND VOTING:
1-6-3: MOTION:
1-6-4: ORDINANCE:
1-6-5: TIE VOTE:
1-6-6: ABSTENTIONS:
1-6-7: CONFLICT OF INTEREST:
1-6-8: CONFLICT OF INTEREST PROTESTS:
1-6-9: MOTION TO RECONSIDER:
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1-6-10: MOTION TO RESCIND:
1-6-11: GENERAL RULES FOR PUBLIC PARTICIPATION:
1-6-12: PUBLIC COMMENT:
1-6-13: PUBLIC HEARINGS :
1-6-14: PUBLIC SPEAKING DURING AGENDA ITEMS:
1-6-15: VIOLATING RULES OF PUBLIC PARTICIPATION AND SERGEANT AT
ARMS:
1-6-16: PARLIAMENTARY RULES TO GOVERN:
1-6-1: PRESIDING OFFICER:
A. The Mayor shall be the presiding officer of the Council. In the mayor's absence, the mayor
pro tem shall be the presiding officer. The mayor pro tem shall immediately relinquish the chair
upon arrival of the Mayor. In the absence of the Mayor and the mayor pro tem, the city clerk
shall call the meeting to order, and a temporary presiding officer shall then be selected by
majority vote of the council members present. Upon arrival of the mayor or mayor pro tem, the
temporary presiding officer shall immediately relinquish the chair.
B. The major functions of the presiding officer during council meetings include but are not
limited to the following:
1. Call the meeting to order.
2. Announce the order of business as provided in the agenda.
3. State motions on the table and who opens debate.
4. Put motions to a vote, when appropriate.
5. Announce the council's decision on all subjects.
6. Prevent irrelevant or frivolous debate or discussion.
7. Maintain order and decorum.
8. Decide all questions of order.
9. Enforce city rules or policies pertaining to council meeting procedure.
10. Recognize right of council to appeal parliamentary procedure.
C. A member of council may appeal a parliamentary decision made by the presiding officer. If
an appeal is made, council shall decide the question by a majority vote.
DRAFT DATE - 5/31/2019 14
1-6-2: DEBATE AND VOTING:
A. The mayor as presiding officer may debate, but may not make, a motion or vote. The mayor
pro tem as presiding officer or a temporary presiding officer may debate, vote as a regular
council member, and retain all the powers of a council member. The presiding officer is subject
to the limitations of debate that are imposed on all council members.
B. The mayor pro tem or a temporary presiding officer shall be counted as a council member
when determining whether a quorum exists.
C. The mayor pro tem or temporary presiding officer shall affix his or her signature on
documents that require the Mayor's signature. With regard to measures passed by the council,
the mayor pro tem may sign the measure or may take no action as provided by Iowa Code §
380.6(3), in which case the measure becomes effective pursuant to said Section. However, the
mayor pro tem or temporary presiding officer shall not have the power to veto a measure. In the
event the mayor pro tem or temporary presiding officer takes no action on a measure and the
mayor resumes his or her office within fourteen days of the measure's passage by the council, the
mayor may sign or veto the measure within the fourteen -day period.
1-6-3: MOTION:
A. No motion shall be put or debated unless seconded. When a motion is seconded, it shall be
stated by the mayor before debate, and every motion shall be reduced to writing if required by
the mayor or any councilperson.
B. After a motion or resolution is stated by the mayor, it shall be deemed to be in possession of
the council, but may be withdrawn at any time before decision; however, if any amendment has
been proposed or adopted, the motion or resolution shall not be withdrawn without the consent of
the mover of the amendment.
C. If a question in debate contains several distinct propositions, any member may have the
question divided when the sense admits of it, prior to the vote thereon.
D. In all cases where a resolution or a motion is entered on the minutes of the council, the naive
of the council member moving the resolution or motion shall also be entered.
1-6-4: ORDINANCE:
A. The following procedure shall be followed for adopting an ordinance:
1. The ordinance must be reviewed by the city attorney or the city clerk, then be placed on a
work session agenda for review by council. A draft of the ordinance shall be included in
the council packet. Unless further discussion is required, the ordinance shall be placed on
the next regular meeting agenda.
DRAFT DATE - 5/31/2019 15
2. The title of each ordinance shall in all cases be read prior to its passage. A council
member may make a motion to amend language in the ordinance prior to the adoption of
the first reading. The city attorney or city clerk shall make a determination of whether
the material language of the amendment is appropriate prior to council members taking a
vote. Following approval of the first reading, council members shall not make motions to
amend the proposed ordinance to make material changes to the language. Non -
substantive edits such as corrections for spelling or punctuation errors shall be allowed.
3. If an ordinance fails at any stage of its adoption, the ordinance shall be considered
defeated.
4. Traffic and zoning ordinance changes are not required to be placed on a work session for
discussion prior to a vote on the regular agenda.
B. In all cases of adoption, repeal or amendment of an ordinance, the ayes and nays shall be
taken and entered on record, but a failure thus to enter them shall not invalidate the action of the
council. In all other cases, if any member of the council requires it, and his motion is seconded,
the ayes and nays on any question shall be taken and entered upon the minutes.
1-6-5: TIE VOTE:
When a tie vote occurs, the motion fails.
1-6-6: ABSTENTIONS:
All council members are required to vote on an item unless they have a direct interest, in which
case, they shall abstain from voting. A direct interest could be a familial, business, or financial
tie to an agenda item. Abstentions shall only be used in the case of a conflict of interest. An
abstention declared for any reason other than a conflict of interest shall be recorded as a vote in
the affirmative.
1-6-7: CONFLICT OF INTEREST:
A. Any council member present at any meeting may disqualify themselves or abstain from
voting in case of a conflict of interest, in which case the disqualification shall be publicly
declared and a record made thereof.
B. A conflict of interest shall be recorded in the minutes as an abstention and the vote shall be
calculated based on the number of members not disqualified based on the conflict.
1-6-8: CONFLICT OF INTEREST PROTESTS:
Council members seeking to disqualify a council member from participating in a decision based
on a conflict of interest must raise the challenge as soon as the basis for disqualification is made
known or reasonably should have been made known prior to the issuance of the decision.
Appeals shall be made to the presiding officer who will then confer with the city attorney.
DRAFT DATE - 5/31/2019 16
1-6-9: MOTION TO RECONSIDER:
A. A motion may be reconsidered at any time during the same meeting of the council or at the
first meeting held thereafter. A motion for reconsideration being once made and decided in the
negative, shall not be renewed before the next meeting. A motion to reconsider must be made by
a member who voted on the prevailing side, or by those who were absent and did not vote upon
the motion to be reconsidered. The motion may be seconded by any council member.
B. If a motion to reconsider is not made at the first meeting after the meeting at which the item
failed, the item shall be considered defeated.
C. A motion to reconsider cannot be made to an affirmative vote on a contract after the other
party to the contract has been notified of the affirmative vote.
1-6-10: MOTION TO RESCIND:
Council members may rescind any vote by a majority vote, provided notice of the motion has
been given at the previous meeting. If notice was not provided at a previous meeting, a vote may
be rescinded by a two-thirds vote. City staff may place a motion to rescind on the agenda when
it is procedurally necessary to rescind a vote.
1-6-11: GENERAL RULES FOR PUBLIC PARTICIPATION:
A. At the presiding officer's discretion, individuals may address the presiding officer by
stepping to the podium, and after recognition by the presiding officer, shall state their name,
address and group affiliation, if appropriate, and speak clearly into the microphone.
B. Comments must be germane and refrain from personal, impertinent, or slanderous remarks.
C. Individuals are required to register when speaking during the public comment portion of the
agenda but do not have to register to speak during public hearings or agenda items.
D. Cell phones and electronic devices shall be set to silent prior to the start of the
meeting.
1-6-12: PUBLIC COMMENT:
Individuals shall speak one (1) time on only one (1) issue for a maximum of two (2) minutes
only if they have registered with the city clerk's office no later than 4:00 p.m. on the day of the
council meeting. Individuals who have not registered shall not be permitted to speak during the
public comment portion of the agenda. Council members shall not speak during this time.
Individuals shall only speak on matters not listed on the regular, special, work session, or
committee meeting agendas. Any matter presented shall be directed to the presiding officer and
addressed, if necessary, after the meeting.
DRAFT DATE - 5/31/2019 17
1-6-13: PUBLIC HEARINGS:
Individuals may speak during public comment portion of the public hearing for a maximum of
three (3) minutes or may submit written comments to the city clerk by 4:00 p.m. on the day of
the public hearing. Groups of citizens with similar viewpoints are encouraged to select a
representative to share the viewpoint of the group.
1-6-14: PUBLIC SPEAKING DURING AGENDA ITEMS:
At the discretion of the presiding officer, individuals may speak when the council discusses
agenda items for a maximum of three (3) minutes. This section does not apply to businesses or
parties directly involved in agenda items.
1-6-15: VIOLATING RULES OF PUBLIC PARTICIPATION AND SERGEANT AT
ARMS:
Violations of the rules for public participation listed in this chapter shall be addressed at the
presiding officer's discretion. The chief of police or designee shall serve as the sergeant at arms
for meetings of the council. The presiding officer may direct the sergeant at arms to eject anyone
from the council meeting for disruptions of any kind.
1-6-16: PARLIAMENTARY RULES TO GOVERN:
In all cases not provided for herein, the usual parliamentary rules which govern parliamentary
bodies shall govern the city council, where they are applicable.
ARTICLE A
CONFIDENTIAL INFORMATION
1-6A-1: PURPOSE:
1-6A-2: SCOPE:
1-6A-3: INTERPRETATION:
1-6A-4: CONFIDENTIAL INFORMATION:
1-6A-5: CLOSED SESSIONS:
1-6A-6: VIOLATION:
1-6A-1: PURPOSE:
The purpose of this article is to establish rules for elected officials concerning the dissemination
of confidential information and emphasize their duty to protect the city from liability or financial
loss by disseminating confidential information.
1-6A-2: SCOPE:
Confidential information shall include but not be limited to the following: Information deemed
confidential pursuant to Iowa Code § 22.5, information presented during closed session
DRAFT DATE - 5/31/2019 18
meetings, and legal, personnel, property, and economic development matters. Questions
regarding whether information should remain confidential should be referred to the city attorney,
city clerk, or appropriate staff member.
1-6A-3: INTERPRETATION:
This article shall not be construed to prohibit reporting bona fide violations of law or city policy
to a proper authority or agency for investigation.
1-6A-4: CONFIDENTIAL INFORMATION:
A. Members shall respect the confidentiality of information concerning the property, personnel,
or affairs of the city. An elected official shall not knowingly disclose information that they know
or reasonably should know is confidential information, regardless of the source of the
information, without legal authorization. If an issue arises as to whether information is
confidential, the city attorney shall provide a legal opinion.
B. An elected official shall not knowingly use or disclose any information gained in the course
of or by reason of his or her official position, and which has not been made public, to advance
his or her financial interests or to further the financial interests of any family member or business
relationship.
C. Elected officials shall not disseminate information concerning pending or threatened
litigation to which the city is a party or threatened to be made a party, which could reasonably be
interpreted as an admission of liability on behalf of the city or which a reasonable person would
interpret as being prejudicial to the interests of the city, unless compelled to do so by law.
1-6A-5: CLOSED SESSIONS:
Information discussed or to be discussed in closed session is confidential, must remain
confidential, and is not to be discussed outside the closed session except during and after
discussion of the information in an open meeting during regular session, special session, or work
session of the city council.
1-6A-6: VIOLATION:
A. Disclosing confidential information may have detrimental effects on the city including its
finances and reputation, elected officials individually, staff members, and citizens. Elected
officials are encouraged to ask questions and seek and heed the advice of city staff, insurance
providers, and legal counsel when involved in matters that are confidential in nature.
B. Complaints alleging violation of this article shall be reported in writing to the mayor, or if the
mayor is involved, to the mayor pro tem. The complaint must include specific, detailed
information to support the allegation. The complaint shall then be referred to the city attorney or
appropriate staff member for investi gati on.
DRAFT DATE - 5/31/2019 19
C. Violations of this article may include but are not limited to the following penalties:
1. Censure: Censure may apply and proceedings shall be conducted in accordance with
article 1-6B of this code. Censure should only be exercised when members can
objectively prove a violation of the policy has occurred and can ensure that further
disclosure of confidential information will not take place as a byproduct of censuring an
elected official.
2. Willful Misconduct: Any disclosure of confidential information made without proper
legal authorization shall be considered as willful misconduct or maladministration in
office as defined by Iowa Code § 66.1A.
3. Personal Liability: An elected official may be personally liable if acts in the performance
of a duty are performed with malice or if willful, wanton and reckless misconduct is
proven as defined by Iowa Code § 670.12.
4. Exclusion from Liability Coverage: Liability arising out of any criminal, dishonest,
fraudulent, or malicious wrongful act, or any knowing violation of rights or laws,
committed by an elected official or with the consent or knowledge of the elected official
may be excluded from coverage under the city's liability insurance.
ARTICLE B
CENSURE OF ELECTED OFFICIALS
1-6B-1: PURPOSE:
1-6B-2: CENSURE DEFINED:
1-6B-3: COMPLAINT PROCEDURE:
1-6B-4: RESOLUTION AUTHORIZING INVESTIGATION:
1-6B-5: CENSURE INVESTIGATION COMMITTEE:
1-6B-6: CENSURE HEARING:
1-6B-1: PURPOSE:
Elected officials may pursue formal action in the form of censure to deter violations of federal,
state, or municipal law and serious violations of adopted city policies.
1-6B-2: CENSURE DEFINED:
Censure is a formal resolution reprimanding a council member or the mayor for specified
conduct, generally a violation of law or of city policy where the violation of policy is considered
to be a serious offense. Censure should not follow an occasional error in judgment, which occurs
in good faith and is unintentional. Censure carries no fine or suspension of the rights of the
member or mayor as an elected official, but a censure is a punitive action that serves as a
punishment for wrongdoing.
1-6B-3: COMPLAINT PROCEDURE:
DRAFT DATE - 5/31/2019 20
A. Any two members of the city council may submit, in writing to the city clerk, a complaint
and request for a censure hearing concerning an alleged violation of law or serious violation of
city policies by another council member or the mayor. The complaint shall provide specific
allegations and supporting evidence of specific conduct alleged to violate existing law or adopted
city policies. The city clerk shall place this matter on the agenda for the next available regular
city council meeting.
B. A copy of the complaint and request for censure shall be provided to the accused elected
official as soon as possible following receipt, but not less than 24 hours prior to the regular
council meeting at which the complaint and request for an investigation will be considered.
1-6B-4: RESOLUTION AUTHORIZING INVESTIGATION:
At the council meeting in which the investigation will be considered, the council members who
did not submit the complaint and the council members who are not the subject of the censure
complaint may, by resolution, direct the censure to proceed by forming a censure investigation
committee to investigate the allegation. Only council members who are not the subject of the
complaint shall vote. the resolution must receive a unanimous vote of the remaining members of
council.
1-6B-5: CENSURE INVESTIGATION COMMITTEE:
A. If the resolution passes a censure investigation committee shall be appointed to review the
complaint as set forth in this article. The mayor shall appoint council members to the committee
and shall serve on the committee, but if the mayor submitted the complaint or is the subject of
the complaint, the mayor pro tem shall serve on the committee and appoint its members. If both
the mayor and the mayor pro tem have submitted the complaint or are the subjects of the
complaint, the council member with the longest tenure, and who is not the subject of the
complaint, shall serve on the committee and appoint members to the committee. Council
members who submitted the complaint or are the subject of the complaint shall not serve on the
censure investigation committee. No more than three council members shall serve on the
committee.
B. The censure investigation committee shall review the allegations of the complaint, conduct an
investigation into the allegations of the complaint, and prepare a report and recommendation on
the complaint to the full city council.
C. The city clerk shall be assigned to post public meeting notices of the committee and take
minutes of each meeting. Minutes of the committee shall be included as part of the report listed
in subsection E. The city attorney shall be assigned to assist the committee with the
investigation as may be necessary and ensure due process with the proceedings.
D. The censure investigation committee may be staffed by other employees as may be necessary
to assist in its investigation and report to the council.
DRAFT DATE - 5/31/2019 21
E. Upon completion of its review of the complaint and any investigation, the committee shall
determine if, considering all the facts and evidence, there are reasonable grounds that the alleged
violation of law or serious violation of adopted City policy occurred. The censure investigation
committee shall make a written report to the council stating the specific law or policy alleged to
have been violated, and summarizing the complaint, evidence, and the results of any additional
investigation. The censure investigation committee shall also make a recommendation to the
council that the complaint is supported by sufficient evidence of a violation of law or serious
violation of adopted city policy to warrant a censure hearing, or, alternatively, that the complaint
is not supported by sufficient evidence of a violation of law or serious violation of adopted city
policy to warrant a council censure hearing.
F. If the censure investigation committee determines the allegations are supported and a censure
hearing is warranted, the committee shall direct the city clerk to forward its report and
recommendation to the entire city council and set the matter for a public censure hearing before
the council. If the censure investigation committee concludes that the allegations are not
supported and a censure hearing is not warranted, the censure investigation committee shall
direct the city clerk to forward the committee's report and recommendation to the entire council,
and no further action on the complaint will be taken.
1-6B-6: CENSURE HEARING:
A. The city council shall pass a resolution setting the date of the censure hearing and place on
file the report and recommendation of the censure investigation committee. The censure hearing
must occur at least thirty days after the date the hearing is set.
B. The elected official subject to the censure is entitled to due process of law. This requires
notice be served not less than fifteen days prior to the date of the hearing.
C. At the hearing, the person that is the subject of the complaint shall be given an opportunity to
be heard and present evidence to refute the allegations.
D. A city council decision to censure must be adopted by resolution. The resolution must list
the findings, based on substantial evidence, that the person accused has engaged in conduct that
constitutes a violation of law or a serious violation of an adopted city policy. The resolution
must be affirmed by at least five affirmative votes of the council. The accused council member
or mayor shall not participate in deliberations after the public hearing is closed or in any vote by
the city council on the proposed censure.
CHAPTER 1
CITY COUNCIL.
1 ,4,1: MEETINGS:
1 4 3: RULES OF ORDER:
DRAFT DATE - 5/31/2019 22
1 4 1: MEETINGS:
be held on the first, second, third
and fourth Mondays of eat' inediththe lei e ambers in the city hall at five-tlek
'
(5:30) P.M., or a fitrnt to
subsection C of this section; however, when a meeting date falls on a day designated by the city
held on the following evening-iiit-five-k- 'clock
tn�lccr plac-e-o-ther-than
rim "fin—e ncil chambers at
proper.
B. Special
three (3) councilpersons, by serving a written notice of the special meeting on each of th
copy thereof at his usual place of residence.
r ,f e„-._e the
written notice of the meetint
designa ty council may deem
'til esolution. otice of such change of meeting
e-given to the 2encra .
(Rev. Ord. 1117, Comp. 1911, p. C 6; amd. Ord.
2721, 12-9 1971; Ord. 3021, 5 11 1979; Ord. 1413, 1 17 2000)
1 4 2: CONDUCT OF MEETINGS:
tuber of
fain eed; :hal bbe necessary to constitute-a-q
the attendance-ef-members.
fficcr: The mayor shall be the presiding officer of the city council, with
1 '1 3: RULES OF ORDER:
g he city coUrieik
meetings; amendment and approval of same.
2. Presentation rsa--Frccicroia-s-aarcx-c7crrca-c`c�`rrrrrz'cr'"aaic=iccic�a=a:i:
reers.
4. Reports of standing committees.
DRAFT DATE - 5/31/2019
23
6. Unfinished business of the preceding meeting.
7. Ordinances, resolutions and payment of bills.
8. New and miscellaneous ltusiness.
A question relating to tl'
debate.
B. Decorum: While the mayor is putting the quest
1. Addr
address himself-
lI I
nediately cease speak'
appeal., the decision o
r, the city cou
ithout
than once in s ny case, until each
ave spoken.
5. Interrupting Speakers: While a member is speaking, no member shall hold any private
discourse, nor pass bet v and the chair.
D. Motions:
at any ti
a end _ ent.
DRAFT DATE - 5/31/2019
he Question No motion shall be put or debated unless secor
24
'thin One Question: 1 ' n debate contains several distinct
propositions, an member may have the question divided when the ; ense admits of it,
;�rrn� 4 ,-ten me thereon
5. I lotions Appropriate During
-, the only motions in order sh.-
definitely,
(5) To adjourn to a day certain
der arranged in subsection D5a of
cided witho
While the ayes and nays are being called.
hire voting.
rnment vas the last precedi
y he and is open. to debate.
delay.
Table: A motion
t 9 �
ment and debate.
DRAFT DATE - 5/31/2019
tely, it shal
25
gall take precedence of a similar m
-
a. A motion t
amendment t
mittcc.
amendment relating to a different subject shall not be in order.
c. On a motion to strike out and insert; znen-Pa,.1t-be
and finally -the parag
1. Votin-On Question: Each member of the city council who shall be present when a
-i-n-t e—€ Hes
not excuse
)rded in the negative.
2. Vote On Ordi
7 + a a t ,+ f,.7 +r +
4Hondfrays S- a e tafi�,iz--ecarcx-cirrc�:i-acx--via-rcci-rrczy �-rcr�a-zcrrarc-car,;ri--ci'r-c�iit
?rl.Z+ .,.,.,.,�,ra„+ , +�;e_.t cases, if any member of the
kris motion is seconded, the ayes and nays on any question
`. i r r be +„e+, inf on tefec , the inutes.
1. A motion may be reconsidered at any time during the same meeting of the city council-
or at the first meeting held. thereafter. '\ motion for reconsideration
decided in the negative, sht
absent and did not vote upon the motion to be
e temporarily suspended by
-e-fo-uFt4 { ,L4) of the t mb r - c.rt t shall not be
Tess by concurrent vote of two-thirds (/4` of a" the
persons elected.
4 -PftTi niwi _Oov-ff : r., 4 e n+ . idae F w t, e ;n, the usual parliamentary
rules which govern parliamentary ,
DRAFT DATE - 5/31/2019
26
1 4 4: COMMITTEES OF THE COUNCIL:
-rty council,
hich shall. be so named, and havesaeh-f+aletionseesignate:
Committee on finance and purchasing
Committee on public safety
Committe
Committee on public >.uildi-ngs and grounds
cviaairassieF}s
Committee on ordinances
(1970 Code § 2 60)
4:-NmcTaarcrracarc-��rrresrac�cr-sy c� ararr"�-rn-iaarccrar�-c�ri-rmlttf;es (7t the city " crr^„""" " c.--vacj-ra- Traua-a-oc
specially directed by the city council. The first person named on each committee shz�' zhe
F".: -Gee§ t1�E 3} er
.ouncil, at the
disefetieettIthe-ne-el+airp-e+sen7e4Itlie committee shall. have the power to make a
teilipera-appeintment of any available member of
committee member or to"za�a-a "v`�Uc:c,Tcy. Ar c 1tc�t;n4�a� of a committee-}'
to act as a substitute committee member, with full voting rights, during the absence of a regular
m �a�arab er ding a vacancy on the committee, and any person-api+e+Pt:ed-erg z~t-temporary basis
by a comr ttee chairperson. shall he aeting at which- he
78, 12 7 2009)
the city council.
E. Discharge Of Special. Committees Upon. Final Report: On the•
ity council, the committee shall be cons-
> ''.,'•, r'�r ;+�rr cny-cork shall. forward all the papers to the appropriate committees
of the city council and off
(Rev. Ord. 1117,eimp-49 )
DRAFT DATE - 5/31/2019 27
CHAPTER 57
MUNICIPAL OFFICIALS
1-7-1: OFFICES CREATED:
1-7-1-2: COMPENSATION:
1-57-23: SURETY BONDS:
1-7-4: OATH:
1-7-1: OFFICES CREATED:
The offices of the municipal officials set forth in this chapter are hereby created within the city
as part of the municipal governmental structure of said city. Official powers and duties set forth
in this chapter shall be general in nature with further responsibilities set forth by federal or state
law, this code, city policy, or as may be directed by the city council or mayor.
1-5742: COMPENSATION:
Each officer or employee of the city shall receive such compensation for his their services as the
city council may establish from time to time by ordinance or resolution. (1970 Code, § 2-5)
1-57-23: SURETY BONDS:
All city officers and employees shall be covered by a surety bond running to the city. (1970
Code, § 2-6)
1-7-4: OATH:
Prior to undertaking the duties of the office, all appointed municipal officials listed in this
chapter shall take an oath to support the constitution of the United States, the constitution of the
State of Iowa, and to the best of the person's ability, faithfully and impartially perform the duties
of the office.
ARTICLE A. CITY CLERK
1_71-5A-1: APPOINTMENT; QUALIFICATIONS:
1 5A
1-71-5A-2: DUTIES AND RESPONSIBILITIES:
1-71 5A-43: REPORTS:
1-71 5A-4: FEES OF OFFICE:
1-7A-5: DEPUTY CITY CLERK:
1-71 5A-1: APPOINTMENT; QUALIFICATIONS:
The city clerk shall be appointed by the city council at its first meeting in the
and shall, within ten (10) days from such appointment, qualify
DRAFT DATE - 5/31/2019 28
as provided by law, and file a bond ` with
sureties to be approved by the city council. Said appointment shall be in accordance with all city
policies and procedures regarding recruitment, selection, and appointment of employees. (Rev.
Ord. 1513, Comp. 1941, p. C-13; amd. 2001 Code)
The city clerk may, with tht approval of the ci
<»F �G I,os F 9U sba
1513,Comp. 1911, p. C 13)
1-71 5A-32: DUTIES AND RESPONSIBILITIES:
The city clerk shall perfbrm the following duties:
A. General Duties: Attend every meeting of the city council, and furnish the mayor with an
and take minutes of said meetings; issue all notices of regular
and special elections required to be given by law or in pursuance of any provision of this code, or
other city ordinance or resolution of the city council, issue all notices of special meetings of the
city council when called, as provided by law; and notify all committees of
of the business referred to them-; maintain and safeguard records of the city and keep records in
the manner and duration required by law; administer the city risk management program, procure
liability insurance for the city, and set liability limits as may be advisable and necessary to
prevent unnecessary risk to the city;' exit e4 k sly direct and coordinate the activities of the
employees of the city clerk's office; perform such other duties as may be required by the laws of
the state, or such duties as may be required by this code or other city ordinances or policies, or as
may be required by the mayor or city council.
nts drawn, s- , °ng the nu:
rant, the payee's nr
GB. Certification of Assessments: Certify to the county auditor, as provided by law, all
assessments and taxes of every kind and nature levied by the city council which are required to
be so certified.
DC. Records:
1. Deeds and Contracts: Keep a book of deeds
correct -original copies of all deeds and contracts executed by
thereon
the city, and
2. Licenses, Permits, and Petitions: Keep a register of all licenses and permits granted by
the city for a period in accordance with state law, this code, or city policy, noting the date
when issued, the person to whom issued and the date of expiration of the license or
DRAFT DATE - 5/31/2019 29
permit, and shall also file and preserve in his the city clerk's office all petitions,
remonstrances and other papers presented to the city council.
ED. Purchases: Procure all necessary books and saterials for the use of the city
council -and city officers. (Rev. Ord. 1513, Comp. 1941, p. C-13)
1-71 5A-43: REPORTS:
The city clerk shall report upon any of the matters connected with his their office whenever
called upon by the city council to do so; keep r all returns of assessments, and the
election and appointment of city officers, and shall as soon as practicable after each meeting of
the city council, prepare an abstractminutes of the business transacted and a correct copy of all
resolutions and ordinances adopted, and deliver them ordinances to the official newspaper for
publication, and shall not allow any papers or documents to be taken from his their office
without the consent of the city council. (Rev. Ord. 1513, Comp. 1941, p. C-13; amd. 2001 Code)
1-71 5A-4: FEES OF OFFICE:
For attested certificates and transcripts other than those ordered by the city council, the city clerk
shall charge the same fees as are allowed to county officers for like services; and he shall keep a
record of such fees and turn the same into the general fund. (Rev. Ord. 1513, Comp. 1941, p. C-
13)
1-7A-5: DEPUTY CITY CLERK:
The city clerk may, with the approval of the city council, appoint a deputy city clerk who shall
perform the duties of the city clerk during the absence or disability of the city clerk. (Rev. Ord.
1513, Comp. 1941, p. C-13)
ARTICLE B. CITY ATTORNEY
1-7 B-1: APPOINTMENT; QUALIFICATIONS:
1- 7B-2: DUTIES AND RESPONSIBILITIES:
1-7 B-1: APPOINTMENT; QUALIFICATIONS:
A city attorney may shall be appointed by the city council, and shall within ten (10) days after
said appointment qualify as provided by law. Said appointment shall be in accordance with
all city policies and procedures regarding recruitment, selection, and appointment of employees.
(Rev. Ord. 1195, Comp. 1941, p. S-16; amd. 2001 Code)
1-7aB-2: DUTIES AND RESPONSIBILITIES:
A. Litigation; Collection Of of Judgments; Disposition Of of Funds: It shall be the duty of the
city attorney to prosecute all suits for the recovery of fines and penalties which may be brought
DRAFT DATE - 5/31/2019 30
in any court on behalf of the city, and also to institute and defend all suits which may be brought
in any court by or against the city, or any of its officers, on account of any of their official acts.
The city attorney shall cause executions to be issued on judgments which may be recovered and
attend to their prompt collection. All money received by him on account of the city shall be paid
into the city treaurygeneral fund.
B. Advising City Officials; Preparation Of of Documents: It shall be the duty of the city attorney
to act as legal advisor to the city council, its committees and all city officers, on such questions
as may arise in relation to the business of the city and, when required by the city council, he -shall
give h -an opinion in writing. The city attorney shall, when so required by the city council, draft
all bonds, contracts, leases, conveyances, ordinances and other instruments in writing, and he
shall perform all other services in the line of his an attorney's profession connected with the
business of the city not enumerated in this article, and he shall, in all cases, be subject to the
direction of the city council.
C. Conformance Of of City Ordinances With State Laws: Upon or before January 1, after the
adjournment of any general assembly, the city attorney shall prepare and present to the city
council for passage such ordinances as may be required to amend existing ordinances or to repeal
existing ordinances on account of laws enacted by the general assembly, or such ordinances as
may be necessary or which the city attorney shall think proper in view of the laws enacted by the
general assembly amending existing statutes or creating new statutes applicable to the city. (Rev.
Ord. 1195, Comp. 1941, p. S-16; amd. 2001 Code)
D. Additional Duties: The city attorney shall be responsible for code enforcement, and code
enforcement officers, which are not specifically placed under the management of the building
inspection department pursuant to sections 1-6D-1, 1-6D-2 and 1-6D-3 of this title. The city
attorney shall direct and coordinate the activities of the employees of the legal department and
code enforcement. The city attorney shall also perform such other duties as shall be required by
the laws of the state, or such as may be required by this code, other ordinances of the city or city
policies, or as may be required by the mayor or city council. (Ord. 5319, 11-23-2015)
ARTICLE C.
1-71 5C-21:
1-71-5C-32:
�.,4: COMPEM
CHIEF FINANCIAL OFFICER
APPOINTMENT AND MANAGEMENT:
DUTIES AND RESPONSIBILITIES:
ith the app
°thin the city, and as a part of the unicipal governmental structu
finance director. The finance d
DRAFT DATE - 5/31/2019
31
1-71 5C-21: 111 TWINS; NS; B N APPOINTMENT AND MANAGEMENT:
The mayor shall appoint the chief financial officer. Said appointment is subject to the approval
of the city council and shall be in accordance with all city policies and procedures regarding
recruitment, selection, and appointment of employees. The chief financial officer shall be
immediately responsible to the mayor for the effective administration of the finance department
and all activities assigned thereto.A;Qualificati
hensive and detailed knowledge of the
ters so as to
faith:
11 'I 1971)
e of
and budgetary policy.
1-71 SC-32: IDUTIES AND RESPONSIBILITIES:
A. The chief financial officer shall: Ensure the city's financial assets are protected through the
implementation of sound financial policies and procedures; compile records containing
meaningful financial data; advise department heads, mayor, and city council in the review of
revenue and expenditure estimates and in the preparation ad control of the budget; provide the
mayor with timely and informative financial reports and statements; generally supervise all
financial matters for the city; serve as the treasurer of the City of Waterloo; direct and coordinate
the activities of the employees of the finance department; perform other duties as may be
required by the laws of the state, or as may be required by other city ordinances or policies.The
finance diich
accounting syster
'the employees of
and control of the budget; provide the mayor with timely and informative financial reports and
statements, and generally supervise all financial matters forthe city and shall perform such other
article or other city ordi
conferences with the mayor and city council and by indc rat post audits. (Ord, 2703, 11 '4
The salary to be paid to the finan�®'
resolution of the city council. (Ord. 27()3, 11 4 1974)
DRAFT DATE - 5/31/2019
d by proper and appropriat
32
4-5B-:APPOINTMENT; QUALIFICATIONS:
1 5B 2: DUTIES AND RESPONSIBILITIES:
appoint the-e-ity-
Before entering upon the discharge of h-' l qualify as provided by
law and file in the office of ,
s--i1 may specify in the resolution. (Rev. Ord. 1207, Comp. 19'l1, p. T 9)
A. City Funds: The city treasurer shall:
. C : C iicct, re ci e and safely keep all money due or belonging to the city d
for any su ,
be det e~ed .o +he person from whom t
transmitted to the city cler _c. The ci et accounts with
each fund of all receipts into, and disbursements from, the city treasury.
2. Deposits: De_ osit city funds in approved depositories, in cor
3. Waterworks Funds: Kccp all monies deposited with him by the board of water 1s
eii .etea fe„ . +a
on account of the waterworks, in a separate and distinct fund, and such monies shall be
paid out by hien grader f�.�te�-P�,rst�
B. Orders and Warrants:
ith the statutes
amount otthe same, to whom payable, on what fund drawn, when presented and shall
return a .
signed by the city cler
ef-t� ahellders so drawn an
disbur:
b. If, on
c payable, the city treasurer shall
:1
of -fonds", and thereafter such warrants shall bear interest at the rate of six pefee t
(6%) per annum, except waof the city council or
bear i„'erest; the city treasurer shall., if required, endorse on such order or warrant
n-d-1 - of them.
DRAFT DATE - 5/31/2019
33
ance di
order of their presentation, from the particular fund upon which they are drawn,
and when '
fund, the city treasurer shall call in warrants to the
k „h
ity council may direct. The city treasurer shall give
i ten
notice thereof in the mayor's office and in the city treasurer's office, and yy
publishing notice of sue# ei -i-nwnewspaper, which notices
shall state that at the expiration
C. Additional Duties: The city treasurer ..
the laws of the state, or as may be required by this code or oth
Comp. _1-94-1 -p:-T 9; amd. 2
,ARTICLE C. FINANCE DIRECTOR
1 5C 1: OFFICE CREATED; APPOINTMENT:
1 5C 2: QUALIFICATIONS; BON -Di
1 5C 1: OFFICE CREATED; APPOINTMENT:
There is hereloy created within-the-
q i-Fed- by
al structure of
a-Yofti
rl f+f and
the termination of the appoi - ` ,, 11
4-19711)
T-SC �. nrT A T rFI A rrr(-rc c. urti�.n7
A. Qualifications: Any pen
article, shall
financial reports, and to perform fiscal planning and other budgetary matters so as to advise the
as provided by law and file a -bond in the sum of ten thousand dollars ($10,000.00) for the
--, • , . • , i a the city council. (Ord. 2703,
11 4 1974)
1-5C 3: DUTIES:
The finance director shall
accounting system should include preaudits and other fin,
fdinatethe act:•,ities of th.e employees of his departure
DRAFT DATE - 5/31/2019
34
he review of revenue and expenditure estimates and in the preparation
and control of the budget; provide the mayo
statements, and generally supervise all final l matters forthe city and shall perform such other
1971)
ENSATION:
The salary to be paid to the
resolution of the city cou
CHAPTER 68
MUNICIPAL DIVISIONS AND DEPARTMENTS
1-8-1: OFFICES CREATED:
1-8-2: APPOINTMENT; MANAGEMENT AND SUPERVISION:
1-8-3: DESIGNEE IN ABSENCE OF DIRECTOR:
1-8-1: OFFICES CREATED:
Municipal divisions and departments, as set forth in this chapter, are hereby created within the
city as a part of the municipal governmental structure of the City of Waterloo. Departmental
powers and duties set forth in this chapter shall be general in nature with further responsibilities
set forth by federal or state law, city policy, or as may be directed by the mayor. Changes to
divisions or departments listed within this chapter that affect the municipal government structure
shall be made by ordinance.
1-8-2: APPOINTMENT; MANAGEMENT AND SUPERVISION:
A. A division manager or the department head of a city department not included in a division
shall be appointed by the mayor and shall be directly responsible to the mayor. Said
appointment is subject to the approval of the city council and shall be in accordance with all city
policies and procedures regarding recruitment, selection, and appointment of employees. The
division manager or department head shall be responsible for overseeing the administration of
their division or department and shall direct and coordinate the activities of the employees of
their department or division.
B. The department head of a department included in a division shall be appointed by the division
manager and shall be directly responsible to the division manager. Said appointment is subject
to the approval of the city council and shall be in accordance with all city policies and
procedures regarding recruitment, selection, and appointment of employees. The department
head shall be responsible for overseeing the administration of their department with direction
from the division manager and shall direct and coordinate the activities of the employees of their
department.
DRAFT DATE - 5/31/2019 35
1-8-3: DESIGNEE IN ABSENCE OF DIRECTOR:
Whenever a division manager or department head may be out of the city or temporarily unable to
act, they may appoint a temporary designee or designees, with consent of the mayor, to execute
the duties of said division or department. In the event of an extended or permanent absence, the
mayor shall appoint an interim director to assume all the powers and duties of that position.
ARTICLE A. DIVISION OF ARTS AND LEISURE
1-8A-1: DEPARTMENT POWERS AND DUTIES:
1-8A-1: DEPARTMENT POWERS AND DUTIES:
The following departments shall constitute the division of arts and leisure and the powers and
duties of each department shall be as follows:
A. Cultural and Arts Department: The cultural and arts department shall serve the community by
ensuring quality cultural and educational opportunities for all citizens by offering a full range of
programs that include but are not limited to exhibits, educational/interpretive programs, care and
display a permanent art collection, special events, and a volunteer program.
B. Leisure Services Department: The leisure services department shall provide for the
development, operation, maintenance, and protection of parks, recreational trails, open spaces,
natural areas, outdoor recreation facilities, and riverfront areas; the development care and
protection of the urban forest; landscaping and vegetation management on public right of ways,
flood control systems and miscellaneous public properties; maintenance of downtown area
public properties and facilities; administration and management of the Cedar Valley SportsPlex
and Young Arena; administration, management, development, operation, and maintenance of
municipal golf courses; development and administration of public recreational, educational, and
aquatic programming.
ARTICLE B. DIVISION OF COMMUNITY PLANNING AND DEVELOPMENT
1-8B-1: DEPARTMENT POWERS AND DUTIES:
1-8B-1: DEPARTMENT POWERS AND DUTIES:
The following departments shall constitute the division of community planning and development
and the powers and duties of each department shall be as follows:
A. Building Department: To promulgate orders, rules and regulations for the conduct and
guidance of the members of the building inspection, permits and maintenance department within
the parameters of city policy; to enforce the uniform building code, uniform plumbing code,
uniform mechanical code and national electrical code in the form adopted by the city council, as
they relate to construction activity within the city; to coordinate enforcement activities with the
DRAFT DATE - 5/31/2019 36
fire department and other city departments for all construction affected by the housing code, life
safety code and minimum housing quality standards.
B. Building Maintenance: Provide maintenance on all city owned or operated buildings; develop
a reporting and maintenance system that will outline the condition and status of all major
building systems or components (i.e., roof, heating and air conditioning); establish and keep on
record a five (5) year building maintenance/capital improvement program with yearly updates;
establish and administer the operating maintenance budget for presentation to city council; work
with Waterloo leisure service to assist in coordinating maintenance and repair of swimming
pools, bathhouses, pump houses, park restrooms and golf course buildings; work with the airport
director to coordinate maintenance on the airport terminals and support hangers as it relates to
building operation.
C. Community Development Department: The community development department is
responsible for the orderly development of the community through the systematic development
of a comprehensive plan and implementation program. The department shall actively promote
the development and redevelopment of the city in order to provide the most conducive
environment to live, work, pursue business opportunity, plan, and raise a family, while remaining
cognizant of the fiscal development, and redevelopment of properties within the city and day-to-
day administration of municipal ordinances.
D. Engineering: The engineering department shall prepare plans, specifications, cost estimates,
and other required documents for construction of public works improvements and supervise the
construction of such improvements., direct, review, and coordinate the work of consultants
contracted by the city for public works improvements; survey streets, alleys, avenues, public
squares and other surveys; establish street grades; plan for both short and long range public
improvements; compile accurate records of all surveys, levels, grades, field notes, maps, plans,
profiles, papers, books, writings and records; review all proposed subdivisions and commercial
development; coordinate the design, inspection, and construction of road and street projects with
the state, federal and local government authorities; issue permits in public rights of way,
including, but not limited to, sidewalks, driveways, excavations, moving buildings and oversize
and/or overweight loads; administer, inspect, and coordinate the improvements to all public
sidewalks through a sidewalk inspection and repair program; maintain the city's pavement
management system; inspect and maintain the city's flood control facilities; direct and coordinate
activities during flood emergencies and other natural disasters. The engineering department shall
provide to the extent possible engineering, mapping, inspecting, surveying, and drafting services
to all other city departments. The engineering department shall administer the storm water
management program for the City of Waterloo.
E. Housing Authority: The housing authority department shall be responsible the management
and maintenance of Ridgeway Towers, including abiding by all federal regulations on
occupancy, fair housing grievance procedures and termination of tenancy; administration of
tenant based Section 8 Housing Choice Voucher Homeownership Program in accordance with
the Department of Housing and Urban Development; assist with housing construction;
Administration of Family Self -Sufficiency program and Down Payment Assistance program.
DRAFT DATE - 5/31/2019 37
F. Planning, Programming, and Zoning Department: The planning, programming, and zoning
department is responsible for the orderly development of the community through the systematic
development of a comprehensive plan and implementation program. The department shall
actively promote the development and redevelopment of the city in order to provide the most
conducive environment to live, work, pursue business opportunity, plan, and raise a family,
while remaining cognizant of the fiscal development, and redevelopment of properties within the
city and day-to-day administration of municipal ordinances.
ARTICLE C. DIVISION OF PUBLIC WORKS
1-8C-1: DEPARTMENT POWERS AND DUTIES:
1-8C-1: DEPARTMENT POWERS AND DUTIES:
The following departments shall constitute the Public Works Division and the powers and duties
of each department shall be as follows:
A. Animal Control: The animal control department shall enforce ordinances and policies
associated with animal care and safety.
B. Central Garage Department: The central garage department shall provide maintenance and
repair services for city equipment and vehicles.
C. Sanitation Department: The sanitation department shall provide curbside bulk item collection
and disposal; perform collection and disposal as ordered by code enforcement and court orders
for nuisance properties; provide curbside collection and disposal of yard waste and recycling,
and maintain satellite drop sites for recycle collection.
D. Street Department: The street department shall carry out the crack sealing of reconstructed
and overlaid streets; maintain streets in a safe and serviceable condition through
preventative maintenance procedures and various patching methods; carry out street sweeping
and snow removal.
E. Traffic Operations: The traffic operations department shall install and maintain traffic
signals, controllers, street lights, early warning sirens and other related equipment; fabricate and
or procure, install, and maintain all traffic signalized intersections, city owned street lights, street
signs and painting of street and parking lots within the city limits; educate the public on traffic
safety issues.
F. Waste Management: The waste management department shall operate and maintain the city's
sanitary sewage lift stations, collection system and treatment facilities; implement the Industrial
Pretreatment Program as mandated by Federal law; administer the Capacity Maintenance
Operations Management program and Fats Oils and Grease Program; dispose of sludge bio
solids; operate and maintain the city's storm water lift stations, collection systems, and flood
control systems as mandated by the United States Corps of Engineers and Federal law.
DRAFT DATE - 5/31/2019 38
1 6F 1: DEPARTMENT CREATED:
1 6F 3: DIRECTOR OF SAFETY SERVICES:
1 6F 1: DEPARTMENT CREATED:
d. 5021, 1 10
2-044)
1 6F 2: !DEPARTMENTAL POWERS AND DUTIES:
y ° - . , tment awl
he fire
•t or police department by this code, which is not required by the lowa Code to ie
,
1 6F 3: DIRECTOR OF SAFETY SERVICES:
approval of the city council and shall. be directly r the mayor. Such ap ointment
ccordance with all city-pel4cies and procedures regarding recruitment, selection and
rector of safety services shall be out
ess or any other reason (including those periods of
irector of safety services), the di
,services or the mayor shall. appoint a designee who shall have and exercisehe
duties of the director of safety services.
vision and Duties: The director of safety serviced shall supervise, direct,
and manage the department of safety services. The di
1. a. Subject to subsection C ld of this section, appoint an assistant dirtctor of safety
ations of the police department. Subject to subsection
• he chief of po14ee
for -
assigning duties exclusively to the police chief;
b. Subject to subsection Cid of this section, appoint an assistant director of �afe-y
services fire to manage the operations of the fire dew - - •eet4e
& seetir ri L t th seetioaa;-said assistant director may, if so appointed, also be
,+ion of
itie e €8 e cg gties exclusively to the fire chief;
DRAFT DATE - 5/31/2019 39
he assistant director positions described above, the
lists as required by Iowa Code section 400.13;
e
fire chief pursuant to subsection E of th.i.s section, the director of sa:
shall not be required to appo
he o She c hief. If the director does choose to appoint aw
assistant di
delegated by order of the director of safety services.
ief-nor shall his
servie . : . . fcty services fire.
3. Provided the director of safety services is also appointed either police chief or fire
currently assigned that position under this code and the code of Iowa.
D. Limitation on Authority: The director of safety services, if not serving as chief of a
department, shall have no he Iowa Code to
the -positions of police chief or fire chief or reassign any such duties to the position of director of
safety services. Such actions include, but arc not
this chapter to the extent they are required by chapter 80D of the Iowa Code, section of this code
- e n.d section of this chapter to the
102.2, and 102.3.
E. Appointment .+ the director cif=
the assistant directors of safety services as either :olice chief or fire chief, the mayor, with
approN al of the city council, may appoint the director e • . • dice of police
ty services,
provided the individual -is -otherwise qualified to hc'1-sum rd, s t Tyra C�� e
h polio i rd fi e ch;e+• a+ the „ tire
l .-Q- pointed from the chiefs civil. servic
Y
ARTICLE D. AIRPORT
1-8D-1: DEPARTMENT POWERS AND DUTIES:
1-8D-1: DEPARTMENT POWERS AND DUTIES:
DRAFT DATE - 5/31/2019
40
The Waterloo Regional Airport shall build and maintain infrastructure to allow for safe airport
operations for commercial, corporate, general aviation, recreational, and military aircraft
operators, and for the benefit of residents of the Cedar Valley.
ARTICLE E. FIRE RESCUE
1-8E-1: FIRE CHIEF APPOINTMENT TERM AND AUTHORITY:
1-8E-2: DEPARTMENT POWERS AND DUTIES:
1-6E-3: EXTRATERRITORIAL ASSISTANCE:
1-8E-1: FIRE CHIEF APPOINTMENT TERM AND AUTHORITY:
A. Appointment: The fire chiefs appointment shall extend from the date of appointment until
December 31 of the following odd numbered year, unless the day of appointment is made during
an odd numbered year, in which event the appointment shall only extend until December 31 of
that same year. Nothing herein contained shall prevent the removal of and the termination of the
appointment of the chief as provided by law.
B. Authority TO Order Removal OF Buildings: To order the removal of any building or property
that he may deem necessary for the purpose of checking or stopping the progress of fire in the
city.
C. Prescribe Limits Where Entry Is Prohibited: Prescribe limits in the vicinity of any fire within
which no person, except those who reside therein, shall be permitted to enter.
D. FIRE ARSON INVESTIGATOR: The fire chief shall appoint the fire arson investigator to
perform all of the duties and responsibilities of investigating the cause, origin, and circumstances
of fires as set forth in this code. The fire arson investigator shall be a peace officer as set forth in
Iowa law and said investigator shall have all the powers, duties and responsibilities attendant to
the function of a peace officer, which shall include, but not be limited to, the power of arrest.
(Ord. 4244, 8-4-1997)
1-8E-2: DEPARTMENT POWERS AND DUTIES:
A. Police Authority: All members of the fire department shall have and exercise all the powers
of police officers at the scene of a fire.
B. Presence for Duty: The members of the fire department shall remain in the quarters provided
for them by the city, day and night, when not necessarily in other parts of the city attending to
their duties prescribed by this article, or by the rules and regulations of the fire department, and
no officer or member of the fire department shall be absent from duty at any time of day or night
without permission from the chief of the fire department or person acting as such, and the
procurement of a satisfactory substitute to act when absent.
DRAFT DATE - 5/31/2019 41
C. Command at Fire Scene: It shall be the duty of the first officer of the fire department at a fire
in the city to take charge thereof until a superior officer shall arrive, and for such purpose he
shall have all the powers of the chief of the fire department.
D. Authority to Summon Assistance: If he deems it necessary, to summon any or all persons able
to perform labor, including operators of vehicles for hire, to aid in the extinguishment of fires or
removing property in danger thereof, and in guarding the property, and any person refusing to
obey such summons shall be guilty of an offense.
E. Inspect Fire Hazards: After careful inquiry and investigations, immediately notify, in writing,
the owner or occupants of any building in the city where there are any defective chimneys,
smoke pipes or flues, or where there are any fires or inflammable materials not sufficiently
secured and guarded, used or kept in, or in connection with, any such building, to forthwith
repair, remove, change or secure the same, as the case may require.
F. Ambulatory, Hazardous Materials, and Rescue Services: The department is authorized to
provide ambulatory, hazardous materials, and rescue services.
G. Records: Provide the record keeping and reporting systems necessary to assure proper
maintenance and repair of fire department buildings, facilities, apparatuses and equipment;
provide record keeping and reporting systems for all fire, fire inspection, ambulatory, hazardous
materials, and rescue services calls.
1-8E-3: EXTRATERRITORIAL ASSISTANCE:
A. The fire department of the city is hereby authorized to answer calls for firefighting or other
emergency assistance outside the limits of the city, but within the county, at the discretion of the
chief of the fire department or a duly authorized assistant acting if the fire chief is absent.
B. The fire department of the city is further authorized to respond to calls for firefighting or other
emergency assistance outside the limits of the city, but within the state, when requested by the
mayor or the chief of the fire department of any city or town having an organized fire
department, at the discretion of the fire chief of the city fire department, or a duly authorized
assistant acting during the absence of the chief of the fire department.
C. When the firefighters or equipment of the city are engaged in rendering assistance pursuant to
this subsection, they shall be considered to be within their jurisdiction, and the city shall have the
same governmental immunity when responding to such calls as when operating within the city.
fRev. Ord. 1146, Comp. 1941, p. F-3; amd. Rev. Ord. 1813, Comp. 1941, p. F-5a)
ARTICLE F. HUMAN RESOURCES
1-8F-1: DEPARTMENT POWERS AND DUTIES:
1-8F-1: DEPARTMENT POWERS AND DUTIES:
DRAFT DATE - 5/31/2019 42
The human resources department shall provide the mayor, city council, and all city departments
coordinated and centralized human resources services including the following: payroll
processing; labor relations, including contract negotiations; administration of collective
bargaining agreements and grievance resolution; employment including recruitment, selection
and hiring; compliance with State and City Civil Service and MFPRSI regulations; salary and
benefits administration; workers' compensation and insurance, Department of Transportation
drug and alcohol testing, public employment and collective bargaining and other human resource
related Federal and State regulations.
ARTICLE G. HUMAN RIGHTS COMMISSION
1-8G-1: DEPARTMENT POWERS AND DUTIES:
1-8G-1: DEPARTMENT POWERS AND DUTIES:
The human rights commission is hereby created and established, as provided by Iowa Code
section 216.19 and Title 5, Chapter 3 of this code.
ARTICLE H. LIBRARY
1-8H-1: DEPARTMENT POWERS AND DUTIES:
1-8H-1: DEPARTMENT POWERS AND DUTIES:
The library shall provide free access to library services in the City of Waterloo, in accordance
with Title 7 Chapter 7 of this code the Library Ordinance. The board of trustees has the right to
adopt, amend, modify, or repeal policies and rules that apply to the library and the business of
the board.
ARTICLE I. POLICE DEPARTMENT
1-8I-1: POLICE CHIEF APPOINTMENT TERM AND AUTHORITY:
1-8I-2: DEPARTMENT POWERS AND DUTIES:
1-8I-3: RESERVE UNIT:
1-8I-1: POLICE CHIEF APPOINTMENT TERM AND AUTHORITY:
The chief of the police's appointment shall extend from the date of appointment until December
31 of the following odd numbered year, unless the day of appointment is made during an odd
numbered year, in which event the appointment shall only extend until December 31 of that same
year. Nothing herein contained shall prevent the removal of and the termination of the
appointment of the chief as provided by law. (Ord. 3449, 9-2-1986; amd. Ord. 5024, 1-10-2011)
1-8I-2: DEPARTMENT POWERS AND DUTIES:
DRAFT DATE - 5/31/2019 43
The police department shall provide for the preservation of public peace and enforcement of all
state laws and city ordinances; Work to prevent and solve crimes; Respond to emergency calls
for service involving life threatening situations and/or in -progress crimes; Assist whenever
requested in the examination of the facts concerning any case or possible case against the city
Maintain a secure system for police records and evidence.
1-8I-3: RESERVE UNIT:
A. Creation: There is hereby created the Waterloo police reserve unit in accordance with the
provisions of Iowa Code chapter 80D.
B. Definition: A reserve police officer is a volunteer, non -regular, sworn member of a law
enforcement agency who has regular police powers while functioning as an agency's
representative and participates on a regular basis in the agency's activities.
C. Membership; Qualifications:
1. Membership and Size: The size of the police reserve unit shall be determined by the
chief of police. The reserve organization shall consist of a police reserve coordinator
assigned by the chief of police from the membership of the police department, a reserve
captain, a lieutenant and sergeants to serve as squad leaders for each squad of five (5) or
more reservists as deemed necessary. Membership in the police reserve shall be
determined upon standards established and approved by the chief of police. Applicants
for membership shall be certified by the chief of police upon recommendation of the
police reserve coordinator after satisfactory completion of the training standards. Each
reserve member shall take an oath of office.
2. Physical Examination: All police reserve officers shall satisfactorily pass a department
approved physical examination at their expense prior to being appointed as a police
reserve officer.
3. Standards and Training: All standards and training required under Iowa Code chapter
80D shall constitute the minimum standards for police reserve officers.
4. Status: Members of the police reserve shall be considered employees of the city while
they are performing police duties as authorized and directed by the chief of police.
However, they are not subject to the conditions of the collective bargaining agreement of
the police bargaining unit nor can they derive any benefit from the police pension. They
are also not subject to the civil service provisions of Iowa Code chapter 80D.
5. Compensation: They shall receive a salary of two dollars ($2.00) yearly from the city
at the beginning of each fiscal year.
D. Officers Duties and Responsibilities:
DRAFT DATE - 5/31/2019 44
1. Reserve Coordinator: The police reserve coordinator shall be assigned by the chief of
police from the membership of the police department and responsible to the chief of
police for the supervision, training, recruitment and activities of the police reserve unit.
2. Reserve Captain: The police reserve captain shall be responsible to the reserve
coordinator for the command, control and direction of police reserves. It shall be the
police reserve captain's duty to assist the police department in the enforcement of all laws
and city ordinances in such a manner and at such time as directed by the police chief.
3. Reserve Lieutenant- The police reserve lieutenant shall assist the reserve captain and
supervise the reserve sergeants.
E. Removal: Members of the police reserve shall serve at the discretion of the chief of police.
They shall be appointed, promoted, removed and discharged from such position by the police
chief who may consider the recommendation of the police reserve coordinator.
F. Rules: The police reserves may adopt a constitution, rules and regulations for the conduct of
meetings and activities consistent with city ordinances and the laws of the state. All police
reserve officers are subject to the police department code of conduct and such other regulations
as established by the chief of police.
G. Uniform and Safety Equipment:
1. The city shall furnish all reserve officers with the following equipment and uniform
items:
1 reserve breast badge
1 reserve badge
1 ID card
Waterloo Police Reserve patchs
Ammunition for weapon
2. Reserve officers must furnish, at their own expense, the following items (items shall be
replaced as needed to provide the minimum as listed from department approved
suppliers):
1 pair of pants, navy blue
1 summer shirt, navy blue
1 winter shirt, navy blue
DRAFT DATE - 5/31/2019 45
1 cap, navy blue
1 tie, black
1 jacket, navy blue
Leather equipment, i.e., to consist of belt, handcuffs with case
Freeze +P spray with case
1 department approved firearm
1 ASP Baton
1 ballistics vest
1 helmet
Name tags for shirts and jacket
3. During their hours of duty, members of the police reserve shall wear the uniform as
prescribed by the chief of police.
H. Records: The police department shall keep an accurate record of all members of the police
reserves, their dates of admission and discharge. (Ord. 4090, 4-10-1995)
ARTICLE J. TECHNOLOGY SERVICES
1-8J-1: DEPARTMENT POWERS AND DUTIES:
1-8J-1: DEPARTMENT POWERS AND DUTIES:
The technology services department shall maintain the city's computers, network, and other
technology needs and oversee the City of Waterloo Cable Access Studio.
T ESTABLISHED:
BUSHED:
§ 2 206)
DRAFT DATE - 5/31/2019
he police department; not
46
1 6A 2: POLICE CHIEF:
The chief of the police department shall be either the director of safety services or the assistant
director of saf
r€-a-ppointment until December
3-of-
numbered year, in which event the ap
1 6A 3: RESERVE UNIT:
until December 31 of that sam
€w-Fit the removal 44 e4e ination of the
7 ;` rd.502 ,' rn2nrr)
A. Cre•ition: There is hereby cremated t nit in accordance with the
apter 80D.
B. Definition: A reserve police officer is a volunteer, nonregular, sworn member of a lay
enforcement agency who has regular police powers while functioning as an agcncy'ti
-. ,'' - hall be dctcrm:i:n.ed
chief of police. The reserve organization shall
assigned by the chief'*f'..oliee f:^mTt h
rirt; zie�t tenant and sergeants to serve as squad leaders for each squad of five (5) or
more, - +s as d cemenecessa
d and approved by the chief of police. Applicants
for m.embcrship shall be certified by the chief of police upon recommendation of the
f-the�G-tT� iv ry +.yvvrin rl [_', ..1� TC%TIGG"rL�".4G�'d�TV�� G'c7ilr'CTi2' . �ilr-P-�.�iTiI3"[TZ'[r tii'cTil-iTr[iI
reserve member shah + ke an oath efo f
2. Physical Examination: All poli
approved physical examination at their
reser'v.c fc crffi ecr .
}r-to being appointed as a police
.� �taaadards and Training: A
Q1 �.1 a1 +che minimum standards for police reserve officers.
forming poli
. es of the city while
ject to the conditions of the collective bargaining agreement of
They
are also not subject to the civil service provisions of E„w., r,,4, ep4ei
DRAFT DATE - 5/31/2019
47
at the beginning of each fiscal year.
D. Officers Duties and Responsibilities:
police from the membership of the police department and responsible to the chief of
ng, recruitment and activities of the police reserve unit.
2. Reserve Captain: The police reserve captain shall be responsible to the reserve
coordinator for the corn .fit: shall be his-44y
to assist the police department in the enforcement of all lavers and city ordinances in such
a manner and at such tirrary
3—rT�th n�$r n t:: The police reserve lieutenant shall assist the reser'
supervise the reserve sergeants.
E. Re oval: Me
chief who may consider the rcc
meetings and activities consistent wi
as es ablishea by the chief of police.
Ci. V n,r
1 reserve breast badge
1 reserve ,
1 ID card
Ammunition for weapon
suppliers}:
t, navy blue
1 cap, navy blue
1 tie, black
police reserve coordinator.
b
DRAFT DATE - 5/31/2019 48
1 jacket, navy blue
1PR2/1
1 helmet
Name tags for shirts and jacket
3—During their ht ar the uniform as
prescribed by the chi
urate record
reserves, their dates of ad
T ESTABLISHED; MEMBERS:
A. Composite
ctor of
3. One or more division chiefs as shall be deter: incd by the chief of the fire department
based on the needs of the department;
,e captains;
and
6. Such number of officers and firefighter
hich number may b
DRAFT DATE - 5/31/2019
49
adoption of this section. The position of superintendent of maintenance shall take the
same position in the salary scale as that of division chiefs.
B. Qualifications of Mern>rcrs: A
civil service commission of the -city.
C. Compensation: Members of the-ftre-clepartmeitt7-ineinding-thhaapeeeell
i
eampensation as shall be fixed by the city council, which shall be payable semitnen
r > > nti G,,,, ,. 911, p. F 3; amd. Ord. 2902, 7 5 1977; Ord. 502'l, 1 10 2011)
1 6B 2: FIRE CHIEF:
A: Appo rtment• The fire chi � 1-1Ue^f safety services or the ,n-c*•, o -oz` i rc6:rr-�--�aac�-r.�rscv cvr--v
safety services fire, in either case appointed pursuant to section of this chapter. Sueh-fire-ehieca
evc�eirteit December 3
contained shall prevent the removal of and the termination of the appointment of the chief as
r� n,,,,,
ems; �-��-vrira-icacc-a crtfe`s: -rrc "Ae4rera-
duties:
1. Chain of C
assistant chief or, in -ate -a'
truction, discipline, good order and CO1T
department of ate=w4tate-fire depa
q �
provisions of this code and other city ordinances, bylaws, rules and regulations pertaining
rty pertaining to the fire
ished him by the city.
2. Control of Penn l-a"- T eftpGryintendency, control and command
of all the officers,
gtrishment
of fires, and he shall carefully and diligently impart such information to the me n
the fire department, and sec that a training division, properly staffed shall be maintained,
raining in equipment„Tried on. The teaching of pmetieEd.
5. Extinguish Fires; Control Of Persons At Fire,Se-eft
thereat:
DRAFT DATE - 5/31/2019 50
b. Authority To Summon Assistunee:- Whe deems it necessary, to summon any or all
pefsefipefatefseid in the
extinguishment of fires
77-Authority to Order Removal. of Buildings: To order the removal of any building or
for the purpose of checking or stopping the progress
of fir
8. Prescribe Limits Where Entry is Pr•h.ibited:
investigations, immediately notify, in
writing, t ecti
s.riffieiently-s-eoured-aufl-griftr-del-of-k-ept-iii3--or-iii-e-Olineetieft-Witk-any such
or secure the same, as the case may require.
he city, a record of the
nee8
b. Keep a record of all fires that occur; the property
*"^+e 4 h name of the owner and the amount of insurance coverage.
c. Keep records of false ala a_ -
connected with the fire department and each com
facts as may be deemed worthy of preservation, and at the close of each y
(WEgfag
•ription
other
make a report to the city council of the activities of the department for the year.
1- 7-Report on Necessary Equipment, Emergency Ex
be-rteede 1 w he e
department, ° i+ ' , furnish the same as s
practicable. In case of em
es
one hundred dollars ($1 00.00) in value, and also such further amounts as may be
approved by a majority of the commit#€
Ike city. From time to time make a report to the director of safe
coun,,e'uc erty as n+ay he needed. (Rev Ord 1 ,'l Comp , 911, p. F 3; amd.
O�:�44-9 2 1986; Ora 502n l 10 201 1)
DRAFT DATE - 5/31/2019
me make a
51
rfor
B. Composition: The bureau shall operate under the supervision of the fire chief, who shall
al. The fire marshal. shall be the
it atei of the bureau of fire prevent'
ad-nr-irri c� , «� w , ,� * ���� h a rr creation code as may be set forth by the fire chief
The-
i ,- f technical a p„eter-, „s, a -
necessary. Such technical inspectors shall be selected through an examination to determine their
fitness for the position.
C. Duties: It sha.cers of the bureau of fire preventi€w4o-enforce all laws
r�r�t�xees of the city covering the following:
1. The Seri
2. The storage, sale and use of combustible, flammable or explosive materials;
systems and fire
extinguishing equipment,
4. Ti"'--ihe-4Fri iRt
6. The i.nvestigat
rs 44 e , ' 7'�clrc cciir "r afi4 cii1 ciiezcr plae -s--in
ime work, live or congregate for any purpose;
n and circumstance^ s.
They shall have such other powers and perform such other duties as are set forth in other
this c rr�.rd n � ed-f a limn *mime by law.
The fire chief may delegate any powers or duties under this cede to the fire marshal.
rd. 35555 2?- 3
1,_ 6 [2�.pgj_T±_ t g=? fi° A [) S ON
m-I-1 ere -if iefeb r--seated t
The fire—ar nve-st-igator- 11-he a peace office
investi-gator shall have all the powers, duties and responsibiliti
peace officer, which sha#4
1997)
,
DRAFT DATE - 5/31/2019 52
^7 e Authority: All members of the fire department shall have and exercise all the powers o
B. Presence for Duty: The m ffher-e the fire department shall remain in the quarters provided
thei, rules and regulations of ,
pro -officer or member Far h zare department shall. be absent from duty at any time of day or night
mahout permission from the chief of the fire department or person acting as such, and the
procurement or atisthcto, stbstit he act, in Tact during his absence.
C. Repair and Maintenance of- u. m rt Alt-- h l 43 e'rof the fire
tr=tm . , ch time as
r �z ,scary=di%r ig cig �� atours of each day, except Sunday, to th ea e, fepti- .--ea-ace:-ra"rr
of the property belonging to the fire department or used in connection therewith, the city
furnishing the materi'-�a'�aere f=or
in the city to take charge thor officer shall arrive, and for such purpose he
skrall. have a fire department.
E. Prepared for Duty: it shall be the duty of th
officers to ha\ e all property used in the
any time, and t"'�"'� r+asp v hefeof at all times of day and night
and to keep an officer or member of the department on watch all night as well as day, to ensure
and to immedi.atel.y use all means io.--theif
F. Extraterritorial Assistance:
other emergency assistance outside the
discrttion of the chief of the fire department or his duly authorized assistant acting in his
stead, if th fr eh; of ; & ,�rt
authorized to respond to calls for firefighting
f the city, but within the state, when
organized lire department, at the discretion of -the fire chief of t� z '• ' ' r � ,
his duly authorized assistant acting in his place in the absence of the chief of the fire
DRAFT DATE - 5/31/2019
53
3. When the firefighters or equipment of the city are engaged in rendering assistance
pursuant to this subsection, they shall be considered to be within their jurisdiction, and
the city shall have the same governmental immunity when responding to such calls as
ARTICLE C. ENCINEERINC DEPARTMENT
1 6C 1: DEPARTMENT CREATED:
1 6C 2: DEPARTMENTAL POWERS AND DUTIES:
1 6C 3: CITY ENGINEER:
1 6C 1: DEPARTMENT CREATR1:
The engineering department is hereby created. (Ord. 1003, 2 7 1991)
1 6C 2: DEPARTMENTAL POWERS AND DUTIES:
HITS AND MAINTENANCE
1 6D 2: DEPARTME TAL POWERS AND DUTIES:
1 6D 3: MANAGEMENT , Nn� rISION
1 6D 4: D S ILDING OFFICIAL/MAINTENANCE,
ADMINISTRIATORf
1 6D 1: DE :
The boil a ri,t .�,�„+:,, �,
Crb=r�-rrs-sF�cccrcrr"�cazn- ti
(Ord.45-1 20O4}
1 6D 2: DEPARTMEN' "� DlIWER A �m D-14T ES:
the-peetion of all construction for its compliance with the state, federal ;
' 1 construction projects and to
provide administrative &u a s4f>n for maintenance on all city owned buildi
17 2001)
ante administrator shal
and subject to the approval.
Such appointment shaF443e4 • egarding the
recrtl'x aixc a" *a"c-s i4`v'csvi"a urcc�ciFFviiiiarrent-oi i ra+plo:y'ee&-.
DRAFT DATE - 5/31/2019
54
supervise, direct and manage the buildinnspection, permi
1. To promulgate orders, rules and regulations for the conduct and guidance of the
ty policy ;
to
To .,3s;gn . onne1 o f t ,, ,,,a ,n� ,„�a� I� r i s-and niaintenarree
dep-aftilding inspection,
tr e }ance department, and to prescribe rules -and regulations for the
conduct and management of the department consistent with the city's policies;
4. To peremptorily suspend or discharge any subordinate under his/her direction for
ly perform the
;'s duties in accordance with law and departmental policy or other appropriate
electrical inspector, buildi i ector and heiating inspector of the city;
€. T
umbing code, uniform mechanical
code and n.atiet ' eleeti4e l e ,' _ ity council, as t
construction activity within the city;
7. To coordincZci ci iiic ar+ ai ii=v=r+cs�s `vxv +ci +r clamf `r "+ „t n w rJ + _c �
departments for aloustniets
8. To pro\ide code enforcement of all ordin
mobile home r ,
condemnation and building moving.
ee-TTrstdTrrutaca-rs;
9. Provide administration of maintenance on all city owned or operated-bui-l4i
a. Develop a reporting and maintenance system that wit' outline the condition and
status of all major building systems or components (i.e., roof, heating and air
conditioning}:
DRAFT DATE - 5/31/2019 55
c. Establish and
city council.
buildings.
1: Work withA'ateriop leis tre service to assist irr e t m ri�ct
. , mp houses, park restrooms and golf
course buildings.
g. Work with the airport di
tcrminals and s
2994)
ADMINISTRATORi-
ate maintenance on the aifpeft
ration. (Ord. 11513, 9 17-
ha - ot-ap : tee' a Wilding ottici.a ilk
9
or the mayor sh.al.l. appoir
exercise all the powers and -duties of the building official/maintenance administrator. (Ord. 1513,
9 17 2001)
ART
16E '1: DEPARTMENT CREATED:
1 6E 2: DEPARTMENTAL POWERS AND DUTIES:
1 6G : ! ITV yr ANNER:
1 6E-1: DEPARTMENT CREATED:
The planning and transportation department for the city is hereby created.
1 6 •2: DEPARTMENTAL POWERS AND DUTI -
rtation department to provide a full range of
professional planning services for all city departments, public projects and citizens of Waterloo.
public entity in Waterloo. (Ord, 440372 7 1994)
DRAFT DATE - 5/31/2019 56
1 6E 3: CITY PLANNER:
c approval of
,41 t 1' trt mw f4he-e4 ply rei-shall be out of the city, or unable to act
sods of time when the mayor has
not appoi14er.iv=we r.i .,h
1. To promu
members of the planning
policy;
n.er's duties shall be as follows:
ulations for the conduct a:
artment within
he personnel of the plann
e of the
;rs of city
tation departmtnt as deemed
depaft-m.ent, at i
uct and manages
at under his direction for neglect
of duty, disobedience of orders, misconduct or failure to properly perform the
her duties as direct
subdivision and zoning ordinances, including the necessary research, analysis, plan.
> > t
7. To supervise and coordinate analysis of the city's physical and socioeconomic
council., planni
anal-c-o+ tnutn-iiy development project4irtit ems.
DRAFT DATE - 5/31/2019
57
in other communities;
programs,
10. To prepare and admi
consultation with the plant:
11. To review
12. To aid the planning, programming an
mprovernents program and other long tern financial plans;
niques being utilized
13. Topr
officials and citizens on planning and development
studies;
utters; and coordinate and review
14. To supervise and have jurisdiction over the conduct of the zoning administration and
15. T„ , dinate Y.,etr,pe4Mion, economi
�qep nt and other related activities with all other affected entities;
16. inatc and review work -performed by professional constF
tudies;
the city;
18. To provide staff services and coordinate the activities
edevelopment efforts;
19. To develop, monitor and co •* e ty's information and data network.;
20. The planning; and transportation department will provide sta
2 7 1994)
ARTICLE. F. DEPARTMENT OF SAFETY SERVICES
1 6F 1: DEPARTMENT CREATED:
1 6F-2: DEPARTMENTAL POWERS AND DUTIES:
'�= RECTOR OF SAFETY SERVICES:
DRAFT DATE - 5/31/2019
58
1 6F 1: DEPARTMENT CREATED:
The department of safety services for the city of Waterloo is hereby cr ated. (Ord. 5024, 1 10
2011)
1 6F 2: DEPARTMENTAL POWERS AND DUTIES:
A. It shall be the., duty of the department of safety se
fire department of the city ofier�{c�a
rsee the police department and
B. The de ar-tm per tly assi ned-te-th€ 4r-e
department , ired by the Iowa Code to be
1 6F 3: DIRECTOR OF SAFETY SERVICES:
A. Appoi 'rated by the m
approval of the city council and shall be directly responsible to the mayor. Such appointment
shall be in accordance with all city policies and procedures regarding recruitment, selection and
tt-
B. Absence of Director of S
tune when t
duties of the director of safety services.
or of saf
•es shall be out
irector of safety
C. Management, Supervision anI supervise, direct,
x
, , t an assistant director of safety
ge-4 r, orations of tbe ,,,,�Trent. c„i w ,.+ + , `.,,i.r ,etion
fcpurposes of low
assignin -duties exclusively to the police chief;
b. Subject to subsection C 1 d of
services fire to manage the operations of the fire department. Subject to
the fire chief for purposes of Iowa Code section 100.13 and any other provision of
the low C^du ^signing duties exclusively to the fire chief;
c. In making selections for th
t rec
lists as required by Iowa Code section 100.13;
DRAFT DATE - 5/31/2019
59
.+rvices is also appointed police chief or
fire chief pursuant to subsection E of this section, the director of safes er
i.es _ay lawfully be
2. Supery ise and direct the activities and operations of the assistant director of safety
-!;ervie
2 profli—Ehree , 'rirccd clt er police-eh1 e!TFe
n er perform any duty
currently assigned the pe&iti =r urad r phi^ .e . �r� *r,. ee4e e Tr1.,r•,
D. Limitation on Authorit The director of safety sere, ices, if not serving as chief of
usively delegated by the Iowa Code to
chief or reassign any such duties to the position of direetet=of
. apter 80D of the lown-Eede tion f this -ede
>wa Code section 45513.386, and section of this chapter to the
ex -tent they are required .
the positions of police chief or fi
stifety services. su�C hat e
E. Appointment of Diof-the-director e# safet e ieesi
the assistant directorsafety services as eit
approval of tlu;--r-ity- 'n74n'
chief or fire ch`
provided the it i.duai is otherwise qu„1:fed *r, "„ha r...eh effice under the Iowa Code, but the
a y rt t le hot r ee �, f
ixrrcctri-r=c�r-�surccy---icJ a�*-�. "�r�-c�c�z�crca�-Mini-�c-v`-=x-r�u-�cixzc�ri-ri. cx-ic�-cc --care"- iicrs-ry came.
F. Qualifications: The di s•ivil service
eligible lists provided for in Iowa Code section 1.00.13. (Ord. 5024, 1 10.201I)
CHAPTER 79
MUNICIPAL ELECTIONS
1-79-1: NOMINATION PROCEDURES ADOPTED:
1-79-2: WARDS:
1-79-3: PRECINCTS:
1-79-1: NOMINATION PROCEDURES ADOPTED:
A. Purpose: The purpose of this section is to designate the methods by which candidates for
elective municipal offices in the city shall be nominated. (Ord. 2768, 9-22-1975)
DRAFT DATE - 5/31/2019 60
B. Providing for Runoff Elections: For the 2003 municipal election and in subsequent municipal
elections within the city of Waterloo, Iowa, city elections shall be conducted as provided in Iowa
Code (2001) chapter 376, and any amendments to it. The city of Waterloo, Iowa, does hereby
elect to hold a runoff election when a position for an office within said city is unfilled because of
a failure of a sufficient number of candidates to receive a majority vote in a regular city election,
all as provided in Iowa Code, chapter 376. (Ord. 4582, 10-14-2002)
1-79-2: WARDS:
The territory embraced within the city limits of the city of Waterloo, Iowa, shall be divided into
five (5) wards, to be called the first, second, third, fourth and fifth wards, the boundaries of said
wards are hereby established and defined and set out in this section.
First Ward: The first ward shall be all the territory within the city limits of the city of Waterloo,
Iowa, hereinafter described as follows:
Beginning at the point of intersection of the Westerly city limit line and centerline of Rainbow
Drive, thence Southeasterly along the centerline of Rainbow Drive to the centerline of Hanna
Boulevard, thence South along the centerline of Hanna Boulevard to the centerline of Joy Drive,
thence West along the centerline of Joy Drive to the centerline of Hanna Boulevard, thence
South along the centerline of Hanna Boulevard to the centerline of Maxine Avenue, thence West
along the centerline of Maxine Avenue to the centerline of Auburn Street, thence South along the
centerline of Auburn Street to the centerline of Maynard Avenue, thence West along the
centerline of Maynard Avenue to the centerline of Beverly Hills Street, thence South along the
centerline of Beverly Hills Street to the centerline of Carriage Hill Drive, thence Southeasterly
along the centerline of Carriage Hill Drive to the centerline of Stephan Avenue, thence South
along the centerline of Stephan Avenue to the centerline of Falls Avenue, thence West along the
centerline of Falls Avenue to the centerline of University Avenue, thence Southeasterly along the
centerline of University Avenue to the centerline of Ansborough Avenue, thence South along the
centerline of Ansborough Avenue to the centerline of Black Hawk Creek, thence Easterly and
Northeasterly along the centerline of Black Hawk Creek to the centerline of Fletcher Avenue,
thence South along the centerline of Fletcher Avenue to the centerline of Summit Avenue
extended Westerly, thence East along the extended centerline of Summit Avenue and the
centerline of Summit Avenue to the centerline of Chicago Street, thence North along the
centerline of Chicago Street to the North limit of platted Chicago Street, thence Southeasterly in
a straight line to the North limit of the centerline of Moir Street, thence Southeasterly in a
straight line to the North limit of the centerline of Marsh Street, thence South along the
centerline of Marsh Street to where the centerline of Sherwood Court would intersect if extended
Westerly, thence East along the extended centerline of Sherwood Court and the centerline of
Sherwood Court to the centerline of Sullivan Avenue, thence North and Northeasterly along the
centerline of Sullivan Avenue to the centerline of Elmwood Street, thence East along the
centerline of Elmwood Street to the centerline of Western Avenue, thence Northwesterly along
the centerline of Western Avenue to the centerline of West Mullan Avenue, thence Easterly
along the centerline of West Mullan Avenue to the centerline of Locust Street, thence
Southeasterly along the centerline of Locust Street to the centerline of West Fourth Street, thence
DRAFT DATE - 5/31/2019 61
Southwesterly along the centerline of West Fourth Street to the centerline of Ansborough
Avenue, thence South along the centerline of Ansborough Avenue to the South city limit line,
thence West along the South city limit line and continuing in a clockwise direction along the city
limit line to the point of beginning
Second Ward: The second ward shall be all the territory within the city limits of the city of
Waterloo, Iowa, hereinafter described as follows:
Beginning at the point of intersection of the centerline of Ansborough Avenue and the
intersection of Ridgemont Road, thence East along the centerline of Ridgemont Road to the
centerline of Loralin Drive, thence North along the centerline of Loralin Drive to the centerline
of Rachael Street, thence Easterly along the centerline of Rachael Street to the centerline of
South Hill Drive, thence South along the centerline of South Hill Drive to the centerline of
Rachael Street, thence Easterly along the centerline of Rachael Street to the centerline of Colby
Road, thence North along the centerline of Colby Road to the centerline of West Park Lane,
thence Easterly along the centerline of West Park Lane to the centerline of Kimball Avenue,
thence North along the centerline of Kimball Avenue to the centerline of Ridgeway Avenue,
thence East along the centerline of East Ridgeway Avenue to the centerline of Edgemont
Avenue, thence South along the centerline of Edgemont Avenue to the centerline of Cataract
Avenue, thence Easterly along the centerline of Cataract Avenue to the centerline of Barton
Avenue, thence Southerly along the centerline of Barton Avenue to the centerline of Alpine
Drive, thence Southeasterly along the centerline of Alpine Drive to the centerline of Saratoga
Drive, thence Northeasterly along the centerline of Saratoga Drive to the centerline of Rudi
Place, thence Southeasterly along the centerline of Rudi Place to the centerline of West Ninth
Street, thence North along the centerline of West Ninth Street to the centerline of Mitchell
Avenue, thence East along the centerline of Mitchell Avenue to the centerline of Ohio Street,
thence North along the centerline of Ohio Street to the centerline of Byron Avenue, thence West
along the centerline of Byron Avenue to the centerline of Ohio Street, thence North along the
centerline of Ohio Street to the centerline of Southbound Washington Street, thence
Northwesterly along the centerline of Southbound Washington Street to the centerline of
Williston Avenue, thence Easterly along the centerline of Williston Avenue to the centerline of
West Eighteenth Street, thence Northeasterly along the centerline of West Eighteenth Street to
the Cedar River, thence proceeding Southeasterly along the Cedar River until it intersects the
city limits of the City of Waterloo at a point on the North line of the Cedar River that would
intersect a Southerly extension of the centerline of Randall Avenue, thence proceeding first
South and then in a clockwise direction along the city limits of the City of Waterloo to the
centerline of Ansborough Avenue, thence North along the centerline of Ansborough Avenue to
the point of beginning
Third Ward: The third ward shall be all the territory within the city limits of the city of Waterloo,
Iowa, hereinafter described as follows:
Beginning at the point of intersection of the centerline of Leversee Road (the west city limit line)
and the centerline of West Dunkerton Road (the north city limit line), thence East and South
along the northerly city limit line to the centerline of Moline Road, thence South along the
centerline of Moline Road to the centerline of East Donald Street, thence West along the
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centerline of East Donald Street to the centerline of Logan Avenue, thence Southerly along the
centerline of Logan Avenue to the centerline of East Mullan Avenue, thence Southeasterly along
the centerline of East Mullan Avenue to the centerline of Kern Street, thence Southwesterly
along the centerline of Kern Street to the centerline of Logan Avenue, thence South along the
centerline of Logan Avenue to the centerline of Conger Street, thence Southwesterly along the
centerline of Conger Street to the centerline of the spur track of the Chicago Central and Pacific
Railway Company right-of-way, thence Southwesterly following centerline of said spur track to
the centerline of Utica Street, thence Southwesterly along the centerline of Utica Street and its
extension to the centerline of Lafayette Street, thence Northwesterly along the centerline of
Lafayette Street to the point where the most Westerly spur line of said railroad intersects, thence
Southeasterly along said spur line to the point where the centerline of Sycamore Street extended
Westerly would intersect the centerline of the Chicago Central & Pacific Railroad right-of-way,
thence Southeasterly along the centerline of said railroad to the centerline of East Mullan
Avenue, thence Southwesterly along the centerline of East Mullan Avenue to the Cedar River,
thence Southeasterly along the Cedar River to the centerline of Union Pacific Railroad right-of-
way, thence Southwesterly along the centerline of Union Pacific Railroad right-of-way to the
centerline of Jefferson Street, thence Northwesterly along the centerline of Jefferson Street to the
centerline of West Sixth Street, thence Southwesterly along the centerline of West Sixth Street to
the centerline of Washington Street as originally platted, thence Northwesterly along the
centerline of Washington Street as originally platted to the centerline of West Fourth Street,
thence Southwesterly along the centerline of West Fourth Street to the centerline of Locust
Street, thence Northwesterly along the centerline of Locust Street to the centerline of West
Mullan Avenue, thence Westerly along the centerline of West Mullan Avenue to the centerline
of Western Avenue, thence Southeasterly along the centerline of Western Avenue to the
centerline of Elmwood Street, thence West along the centerline of Elmwood Street to the
centerline of Sullivan Avenue, thence Southerly along the centerline of Sullivan Avenue to the
centerline of Sherwood Court, thence West along the centerline of Sherwood Court and the
westerly extension of the centerline of Sherwood Court to the centerline of Marsh Street, thence
North along the centerline of Marsh Street to the North limit of Marsh Street, thence
Northwesterly in a straight line to the North limit of the centerline of Moir Street, thence
Northwesterly in a straight line to the North limit of the centerline of Chicago Street, thence
South along the centerline of Chicago Street to the centerline of Summit Avenue, thence West
along the centerline of Summit Avenue and that line extended West to the centerline of Fletcher
Avenue, thence north along the centerline of Fletcher Avenue to the centerline of Black Hawk
Creek, thence Southwesterly and Westerly along the centerline of Black Hawk Creek to the
centerline of Ansborough Avenue, thence North along the centerline of Ansborough Avenue to
the centerline of University Avenue, thence Northwesterly along the centerline of University
Avenue to the centerline of Falls Avenue, thence East along the centerline of Falls Avenue to the
centerline of Stephan Avenue, thence north along the centerline of Stephan Avenue to the
centerline of Carriage Hill Drive, thence Northwesterly along the centerline of Carriage Hill
Drive to the centerline of Beverly Hills Street, thence Northerly along the centerline of Beverly
Hills Street to the centerline of Maynard Avenue, thence East along the centerline of Maynard
Avenue to the centerline of Auburn Street, thence North along the centerline of Auburn Street to
the centerline of Maxine Avenue, thence East along the centerline of Maxine Avenue to the
centerline of Hanna Boulevard, thence North along the centerline of Hanna Boulevard to the
centerline of Joy Drive, thence East along the centerline of Joy Drive to the centerline of Hanna
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Boulevard, thence North along the centerline of Hanna Boulevard to the centerline of Rainbow
Drive, thence Northwesterly along the centerline of Rainbow Drive to the west city limit line,
thence Northerly in a clockwise direction along the city limit line to the point of beginning
Fourth Ward: The fourth ward shall be all the territory within the city limits of the city of
Waterloo, Iowa, hereinafter described as follows:
Beginning at the point of intersection of the centerline of Moline Road and the North city limit
line, thence East, South and West in a clockwise direction along the city limit line to its
intersection with the North line of the Cedar River, thence Southeasterly along the North line to
the Cedar River to a point on said North line that would intersect a Southerly extension of the
centerline of Randall Avenue, thence Northwesterly along the Cedar River to the centerline of
East Mullan Avenue, thence Northeasterly along the centerline of East Mullan Avenue to the
point of intersection of the first spur line of the Chicago Central and Pacific Railroad, thence
Northwesterly following said spur line to the point at which the centerline of Sycamore Street
extended Northwesterly would intersect said spur line, thence Northwesterly along said spur line
to a point where the most Westerly spur line of said tracks intersects the centerline of Lafayette
Street, thence Southeasterly along the centerline of Lafayette Street to the centerline of Utica
Street, thence Northeasterly along Utica Street and its extension to the centerline of the spur
track of the Chicago Central and Pacific right-of-way, thence Northerly along the said centerline
to the centerline of Conger Street, thence Easterly along the centerline of Conger Street to the
centerline of Logan Avenue, thence North along the centerline of Logan Avenue to the centerline
of Kern Street, thence Northeasterly along the centerline of Kern Street to the centerline of East
Mullan Avenue, thence Northwesterly along the centerline of East Mullan Avenue to the
centerline of Logan Avenue, thence North along the centerline of Logan Avenue to the centerline
of East Donald Street, thence East along the centerline of East Donald Street to the centerline of
Moline Road, thence North along the centerline of Moline Road to the point of beginning
Fifth Ward: The fifth ward shall be all the territory within the city limits of the city of Waterloo,
Iowa, hereinafter described as follows:
Beginning at the point of intersection of the centerline of West Eighteenth Street and the Cedar
River, thence Southwesterly along the centerline of West Eighteenth Street to the centerline of
Williston Avenue, thence Westerly along the centerline of Williston Avenue to the centerline of
Southbound Washington Street, thence Southeasterly along the centerline of Southbound
Washington Street to the centerline of Ohio Street, thence South along the centerline of Ohio
Street to the centerline of Byron Avenue, thence East along the centerline of Byron Avenue to
the centerline of Ohio Street, thence South along the centerline of Ohio Street to the centerline of
Mitchell Avenue, thence West along the centerline of Mitchell Avenue to the centerline of West
Ninth Street, thence South along the centerline of West Ninth Street to the centerline of Rudi
Place, thence Northwesterly along the centerline of Rudi Place to the centerline of Saratoga
Drive, thence Southwesterly along the centerline of Saratoga Drive to the centerline of Alpine
Drive, thence Northwesterly along the centerline of Alpine Drive to the centerline of Barton
Avenue, thence Northerly along the centerline of Barton Avenue to the centerline of Cataract
Avenue, thence Westerly along the centerline of Cataract Avenue to the centerline of Edgemont
Avenue, thence North along the centerline of Edgemont Avenue to the centerline of East
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Ridgeway Avenue, thence West along the centerline of East Ridgeway Avenue to the centerline
of Kimball Avenue, thence South along the centerline of Kimball Avenue to the centerline of
West Park Lane, thence Westerly along the centerline of West Park Lane to the centerline of
Colby Road, thence South along the centerline of Colby Road to the centerline of Rachael Street,
thence Westerly along the centerline of Rachael Street to the centerline of South Hill Drive,
thence north along the centerline of South Hill Drive to the centerline of Rachael Street, thence
Westerly along the centerline of Rachael Street to the centerline of Loralin Drive, thence South
along the centerline of Loralin Drive to the centerline of Ridgemont Road, thence West along the
centerline of Ridgemont Road to the centerline of Ansborough Avenue, thence North along the
centerline of Ansborough Avenue to the centerline of West Fourth Street, thence Northeasterly
along the centerline of West Fourth Street to the centerline of Washington Street as originally
platted, thence Southeasterly along the centerline of Washington Street as originally platted to
the centerline of West Sixth Street, thence Northeasterly along the centerline of West Sixth
Street to the centerline of Jefferson Street, thence southeasterly along the centerline of Jefferson
Street to the centerline of the Union Pacific Railroad, thence Northeasterly along the centerline
of the Union Pacific Railroad to the Cedar River, thence Southeasterly along the Cedar River to
the point of beginning
(Ord. 5066, 8-8-2011, eff. 1-15-2012)
1-79-3: PRECINCTS:
The territory embraced within the various wards within the city limits of the city of Waterloo,
Iowa, shall be divided into precincts to be known as the 1st precinct of the first ward, the 2nd
precinct of the first ward, the 3rd precinct of the first ward, the 4th precinct of the first ward, the
5th precinct of the first ward and the 6th precinct of the first ward; and the 1st precinct of the
second ward, the 2nd precinct of the second ward, the 3rd precinct of the second ward, the 4th
precinct of the second ward, the 5th precinct of the second ward and the 6th precinct of the
second ward; and the 1st precinct of the third ward, the 2nd precinct of the third ward, the 3rd
precinct of the third ward, the 4th precinct of the third ward, the 5th precinct of the third ward
and the 6th precinct of the third ward; and the 1st precinct of the fourth ward, the 2nd precinct of
the fourth ward, the 3rd precinct of the fourth ward, the 4th precinct of the fourth ward, the 5th
precinct of the fourth ward and the 6th precinct of the fourth ward; and the 1st precinct of the
fifth ward, the 2nd precinct of the fifth ward, the 3rd precinct of the fifth ward, the 4th precinct
of the fifth ward, the 5th precinct of the fifth ward and the 6th precinct of the fifth ward.
1st Precinct of the First Ward: The 1st precinct of the first ward shall embrace the territory
within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the Westerly city limit line and the centerline of
Rainbow Drive, thence Southeasterly along the centerline of Rainbow Drive to the centerline of
Hanna Boulevard, thence South along the centerline of Hanna Boulevard to the centerline of Joy
Drive, thence West along the Centerline of Joy Drive to the centerline of Hanna Boulevard,
thence South along the centerline of Hanna Boulevard to the centerline of Maxine Avenue,
thence West along the centerline of Maxine Avenue to the centerline of Auburn Street, thence
South along the centerline of Auburn Street to the centerline of Maynard Avenue, thence West
along the centerline of Maynard Avenue to the centerline of Beverly Hills Street, thence
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Southerly along the centerline of Beverly Hills Street to the centerline of Carriage Hill Drive,
thence Southeasterly along the centerline of CalTiage Hill Drive to the centerline of Stephan
Avenue, thence South along the centerline of Stephan Avenue to the centerline of Falls Avenue,
thence West along the centerline of Falls Avenue to the centerline of University Avenue, thence
Northwesterly along the centerline of University Avenue to the West city limit line, thence North
along the West city limit line to the point of beginning
2nd Precinct of the First Ward: The 2nd precinct of the first ward shall embrace the territory
within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the West city limits and the centerline of University
Avenue, thence Southeasterly along the centerline of University Avenue to a point where the
centerline of Alabar Avenue, if extended would intersect the centerline of University Avenue,
thence Westerly along said extension of the centerline of Alabar Avenue and the centerline of
Alabar Avenue to the centerline of Linbud Lane, thence South along the centerline of Linbud
Lane to the centerline of Sager Avenue, thence East along the centerline of Sager Avenue to the
centerline of Doreen Avenue, thence South along the centerline of Doreen Avenue to the
centerline of Downing Avenue, thence West along the centerline of Downing Avenue to the
centerline of Wren Road, thence South along the centerline of Wren Road to the centerline of
Huntington Road, thence West along the centerline of Huntington Road to the West city limits,
thence North along the West city limit line to the point of beginning
3rd Precinct of the First Ward: The 3rd precinct of the first ward shall embrace the territory
within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point where the centerline of Fletcher Avenue intersects the Westerly extension
of the centerline of Summit Avenue, thence East along the centerline of extended Summit
Avenue, and Summit Avenue to the centerline of Chicago Street, thence North along the
centerline of Chicago Street to the North limit of platted Chicago Street, thence Southeasterly in
a straight line to the North limit of the centerline of Moir Street, thence Southeasterly in a
straight line to the North limit of the centerline of Marsh Street, thence South along the
centerline of Marsh Street to where the centerline of Sherwood Court would intersect if extended
Westerly, thence East along the extended centerline of Sherwood Court and the centerline of
Sherwood Court to the centerline of Sullivan Avenue, thence North and Northeasterly along the
centerline of Sullivan Avenue to the centerline of Elmwood Street, thence East along the
centerline of Elmwood Street to the centerline of Western Avenue, thence Northwesterly along
the centerline of Western Avenue to the centerline of West Mullan Avenue, thence Easterly
along the centerline of West Mullan Avenue to the centerline of Locust Street, thence
Southeasterly along the centerline of Locust Street to the centerline of W. Fourth Street, thence
Southwesterly along the centerline of W. Fourth Street to the centerline of Campbell Avenue,
thence West along the Centerline of Campbell Avenue to the centerline of Fletcher Avenue,
thence North along the centerline of Fletcher Avenue to the point of beginning
4th Precinct of the First Ward: The 4th precinct of the first ward shall embrace the territory
within the city limits of the city of Waterloo, Iowa, described as follows:
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Beginning at a point where the West city limit line intersects the centerline of Huntington Road,
thence East along the centerline of Huntington Road to the centerline of Wren Road, thence
North along the centerline of Wren Road to the centerline of Downing Avenue, thence East
along the centerline of Downing Avenue to the centerline of Doreen Avenue, thence North along
the centerline of Doreen Avenue to the centerline of Sager Avenue, thence West along the
centerline of Sager Avenue to the centerline of Linbud Lane, thence North along the centerline of
Linbud Lane to the centerline of Alabar Avenue, thence Easterly along the centerline of Alabar
Avenue and the centerline of Alabar Avenue extended Easterly to the centerline of University
Avenue, thence Southeasterly along the centerline of University Avenue to the centerline of
Ansborough Avenue, thence South along the centerline of Ansborough Avenue to the centerline
of Black Hawk Creek, thence Northeasterly along the centerline of Black Hawk Creek to the
centerline of Fletcher Avenue, thence South along the centerline of Fletcher Avenue to the
centerline of Campbell Avenue, thence East along the centerline of Campbell Avenue to the
centerline of West Fourth Street, thence Southwesterly along the centerline of West Fourth Street
to the centerline of Ansborough Avenue, thence North along the centerline of Ansborough
Avenue to the centerline of Carrington Avenue, thence West along the centerline of Carrington
Avenue to the centerline of Sergeant Road (also known as Highway 63), thence Southwesterly
along the centerline of Sergeant Road to the centerline of Martin Road, thence Westerly and
Southerly along the centerline of Martin Road to the centerline of West Ridgeway Avenue,
thence West along the centerline of West Ridgeway Avenue to the centerline of Black Hawk
Creek, thence Northerly along the centerline of Black Hawk Creek to the city limit line thence
East and North following the city limits to the point of beginning
5th Precinct of the First Ward: The 5th precinct of the first ward shall embrace the territory
within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at a point of intersection of the centerline of West Ridgeway Avenue and the
centerline of Martin Road, thence Northerly and Easterly along the centerline of Martin Road to
the centerline of Sergeant Road (also known as Highway 63), thence Northeasterly along the
centerline of Sergeant Road to the centerline of Carrington Avenue, thence East along the
centerline of Carrington Avenue to the centerline of Ansborough Avenue, thence South along the
centerline of Ansborough Avenue to the centerline of Ridgemont Road, thence West along the
centerline of Ridgemont Road to the centerline of Inverness Road, thence Northerly and
Northwesterly along the centerline of Inverness Road to the centerline of Doral Drive, thence
Northerly along the centerline of Doral Drive to the centerline of West 4th Street, thence
Northeasterly along the centerline of West 4th Street to the centerline of West Ridgeway
Avenue, thence West along the centerline of West Ridgeway Avenue to the point of beginning
6th Precinct of the First Ward: The 6th precinct of the first ward shall embrace the territory
within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at a point of intersection of the centerline of Black Hawk Creek and the centerline of
West Ridgeway Avenue, thence East along the centerline of West Ridgeway Avenue to the
centerline of West 4th Street, thence Southwesterly along the centerline of West 4th Street to the
centerline of Doral Drive, thence Southerly along the centerline of Doral Drive to the centerline
of Inverness Road, thence Southeasterly and Southerly along the centerline of Inverness Road to
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the centerline of Ridgemont Road, thence East along the centerline of Ridgemont Road to the
centerline of Ansborough Avenue, thence South along the centerline of Ansborough Avenue to
the intersection with the South city limit line, thence West along the South city limit line and
continuing in a clockwise direction to a point where the city limit line intersects the centerline of
Black Hawk Creek (said point lying Easterly of Deere Road), thence Southwesterly along the
centerline of Black Hawk Creek to the point of beginning
1st Precinct of the Second Ward: The 1st precinct of the second ward shall embrace the territory
within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the centerline of Kimball Avenue and the centerline of
East Ridgeway Avenue, thence East along the centerline of East Ridgeway Avenue to the
centerline of Edgemont Avenue, thence South along the centerline of Edgemont Avenue to the
centerline of Cataract Avenue, thence Easterly along the centerline of Cataract Avenue to the
centerline of Barton Avenue, thence Southerly along the centerline of Barton Avenue to the
centerline of Alpine Drive, thence Southeasterly along the centerline of Alpine Drive to the
centerline of Saratoga Drive, thence Northeasterly along the centerline of Saratoga Drive to the
centerline of Rudi Place, thence Southeasterly along the centerline of Rudi Place to the centerline
of West Ninth Street, thence Southwesterly and Southerly along the centerline of West 9th Street
to the centerline of E. San Marnan Drive, thence West along the centerline of E. San Marnan
Drive to the centerline of Kimball Avenue, thence North along the centerline of Kimball Avenue
to the point of beginning
2nd Precinct of the Second Ward: The 2nd precinct of the second ward shall embrace the
territory within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the centerline of East Ridgeway Avenue and the
centerline of West 9th Street, thence East along the centerline of East Ridgeway Avenue to the
centerline of Hammond Avenue, thence South along the centerline of Hammond Avenue to the
centerline of East San Marnan Drive, thence West along the centerline of East San Marnan Drive
to the centerline of West 9th Street, thence North and Northeasterly along the centerline of West
9th Street to the point of beginning
3rd Precinct of the Second Ward: The 3rd precinct of the second ward shall embrace the territory
within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the centerline of Mitchell Avenue and the centerline of
West 9th Street, thence East along the centerline of Mitchell Avenue to the centerline of LaPorte
Road, thence South along the centerline of LaPorte Road to the centerline of East Ridgeway
Avenue, as originally platted, thence West along the centerline of East Ridgeway Avenue as
originally platted to the centerline of West 9th Street, thence North along the centerline of West
9th Street to the point of beginning
4th Precinct of the Second Ward: The 4th precinct of the second ward shall embrace the territory
within the city limits of the city of Waterloo, Iowa, described as follows:
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Beginning at the point of intersection of the centerline of Hawkeye Road (also known as Hwy.
21) and the centerline of East San Marnan Drive, thence East along the centerline of East San
Marnan Drive to the centerline of Hammond Avenue, thence North along the centerline of
Hammond Avenue to the centerline of East Ridgeway Avenue, thence East along the centerline
of East Ridgeway Avenue as originally platted to the centerline of LaPorte Road, thence North
along the centerline of LaPorte Road to the centerline of Mitchell Avenue, thence West along the
centerline of Mitchell Avenue to the centerline of Ohio Street, thence North along the centerline
of Ohio Street to the centerline of Byron Avenue, thence West along the centerline of Byron
Avenue to the centerline of Ohio Street, thence North along the centerline of Ohio Street to the
centerline of Southbound Washington Street, thence Northwesterly along the centerline of
Southbound Washington Street to the centerline of Williston Avenue, thence Easterly along the
centerline of Williston Avenue to the centerline of West Eighteenth Street, thence Northeasterly
along the centerline of West Eighteenth Street to the Cedar River, thence proceeding
Southeasterly along the Cedar River until it intersects the city limits of the City of Waterloo at a
point on the North line of the Cedar River that would intersect a Southerly extension of the
centerline of Randall Avenue, thence following the city limit line in a clockwise direction to the
centerline of East Shaulis Road, thence West along the centerline of East Shaulis Road to the
centerline of Hawkeye Road, thence North along the centerline of Hawkeye Road to the point of
beginning
5th Precinct of the Second Ward: The 5th precinct of the second ward shall embrace the territory
within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the centerline of Hawkeye Road (also known as Hwy.
21) and the centerline of East Shaulis Road, thence Easterly along the centerline of East Shaulis
Road to the East city limit line, thence following the East and South city limit lines in a
clockwise direction to the centerline of Hawkeye Road, thence North along the centerline of
Hawkeye Road to the point of beginning
6th Precinct of the Second Ward: The 6th precinct of the second ward shall embrace the territory
within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the intersection of the centerline of Ansborough Avenue and the centerline of
Ridgemont Road, thence East along the centerline of Ridgemont Road to the centerline of
Loralin Drive, thence North along the centerline of Loralin Drive to the centerline of Rachael
Street, thence Easterly along the centerline of Rachael Street to the centerline of South Hill
Drive, thence South along the centerline of South Hill Drive to the centerline of Rachael Street,
thence Easterly along the centerline of Rachael Street to the centerline of Colby Road, thence
North along the centerline of Colby Road to the centerline of West Park Lane, thence Northerly
and Easterly along the centerline of West Park Lane to the centerline of Kimball Avenue, thence
South along the centerline of Kimball Avenue to the centerline of East San Marnan Drive, thence
East along the centerline of East San Marnan Drive to the centerline of Hawkeye Road (also
known as Highway 21), thence South along the centerline of Hawkeye Road to the South city
limits, thence West, North and West following the South city limit line in a clockwise direction
to the centerline of Ansborough Avenue, thence North along the centerline of Ansborough
Avenue to the point of beginning
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1st Precinct Of of The the Third Ward: The 1st precinct of the third ward shall embrace the
territory within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the centerline of Leversee Road and the centerline of
West Dunkerton Road, (which point is also on the city limit line), thence Easterly following the
Northerly city limit line of Waterloo to the centerline of Wagner Road, thence South along the
centerline of Wagner Road to the centerline of Candlewick Road, thence South along the
centerline of Candlewick Road to the centerline of Woodmayr Drive, thence East along the
centerline of Woodmayr Drive to the centerline of Cedar Bend Street, thence South along the
centerline of Cedar Bend Street to the centerline of West Donald Street, thence East along the
centerline of West Donald Street to the centerline of Normandy Street, thence South along the
centerline of Normandy Street to the centerline of Northey Street, thence East along the
centerline of Northey Street to the centerline of Longfellow Avenue, thence South along the
centerline of Longfellow Avenue to the centerline of West Parker Street, thence East along the
centerline of West Parker Street to the centerline of Burton Avenue, thence South along the
centerline of Burton Avenue to the centerline of Dawson Street, thence East along the centerline
of Dawson Street to the centerline of Avon Avenue, thence South along the centerline of Avon
Avenue to the centerline of Conger Street, thence West along the centerline of Conger Street to
the centerline of Burton Avenue, thence South on the centerline of Burton Avenue, and an
extension thereof, to the Cedar River, thence Northwesterly along the Cedar River to the
centerline of West Conger Street, thence Southwesterly along the centerline of West Conger
Street to the centerline of relocated Ansborough Avenue, thence West and Southwesterly along
the centerline of relocated Ansborough Avenue to the centerline of Maynard Avenue, thence
West along the centerline of Maynard Avenue to the centerline of Chicago Central & Pacific
Railroad spur line, thence Northwesterly following the centerline of said railroad to the point
where the centerline of Rainbow Drive intersects said railroad centerline for the second time,
thence Northwesterly along the centerline of Rainbow Drive to the West city limits, thence
Northerly following the West city limit line in a clockwise direction to the point of beginning.
2nd Precinct Of of The the Third Ward: The 2nd precinct of the third ward shall embrace the
territory within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the North city limit line and the centerline of Wagner
Road, thence Easterly and Southerly following the city limit line in a clockwise direction to the
intersection with the centerline of Moline Road, thence South along the centerline of Moline
Road to the centerline of East Donald Street, thence West along the centerline of East Donald
Street and West Donald Street to the centerline of Burton Avenue, thence South along the
centerline of Burton Avenue to the centerline of Broadway Street, thence Northwesterly along
the centerline of Broadway Street to the Easterly extension of the centerline of Northey Street,
thence West along the centerline of extended Northey Street, and Northey Street to the centerline
of Normandy Street, thence North along the centerline of Normandy Street to the centerline of
West Donald Street, thence West along the centerline of West Donald Street to the centerline of
Cedar Bend Street, thence North along the centerline of Cedar Bend Street to the centerline of
Woodmayr Drive, thence West along the centerline of Woodmayr Drive to the centerline of
Candlewick Road, thence North along the centerline of Candlewick Road to the centerline of
DRAFT DATE - 5/31/2019 70
Wagner Road, thence Northerly along the centerline of Wagner Road to the point of beginning.
3rd Precinct Of of The the Third Ward: The 3rd precinct of the third ward shall embrace the
territory within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the centerline of Burton Avenue and the centerline of
West Donald Street, thence East along the centerline of West Donald Street to the centerline of
Logan Avenue, thence South along the centerline of Logan Avenue to the centerline of East
Mullan Avenue, thence Southeasterly along the centerline of East Mullan Avenue to the
centerline of Kern Street, thence Southwesterly along the centerline of Kern Street to the
centerline of Logan Avenue, thence South along the centerline of Logan Avenue to the centerline
of Conger Street, thence Westerly along the centerline of Conger Street to the centerline of
Broadway Street, thence North and Northwesterly along the centerline of Broadway Street to the
centerline of Burton Avenue, thence North along the centerline of Burton Avenue to the point of
beginning
4th Precinct Of of The the Third Ward: The 4th precinct of the third ward shall embrace the
territory within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the centerline of Northey Street and the centerline of
Longfellow Avenue, thence East along the centerline of Northey Street and its extension to the
centerline of Broadway Street, thence Southeasterly and Southerly along the centerline of
Broadway Street to the centerline of Conger Street, thence Easterly along the centerline of
Conger Street to the centerline of the Chicago Central & Pacific Railway right-of-way, thence
Southerly and Southwesterly following the centerline of said spur line to the centerline of Utica
Street, thence Southwesterly along the centerline of Utica Street and its extension to the
centerline of Lafayette Street, thence Northwesterly along the centerline of Lafayette Street to
the point where the most Westerly spur line of said Railroad intersects, thence Southeasterly
along said spur line to the point where the centerline of Sycamore Street extended Westerly
would intersect the centerline of the Chicago Central & Pacific Railroad right-of-way, thence
Southeasterly along the centerline of said Railroad to the centerline of East Mullan Avenue,
thence Southwesterly along the centerline of East Mullan Avenue to the Cedar River, thence
Northwesterly along the Cedar River to a point at which the centerline of Burton Avenue
extended Southerly would intersect the Cedar River, thence North along said extension of the
centerline of Burton, and the centerline of Burton Avenue to the centerline of Conger Street,
thence East along the centerline of Conger Street to the centerline of Avon Avenue, thence North
along the centerline of Avon Avenue to the centerline of Dawson Street, thence West along the
centerline of Dawson Street to the centerline of Burton Avenue, thence North along the
centerline of Burton Avenue to the centerline of West Parker Street, thence West along the
centerline of West Parker Street to the centerline of Longfellow Avenue, thence North along the
centerline of Longfellow Avenue to the point of beginning.
5th Precinct Of of The the Third Ward: The 5th precinct of the third ward shall embrace the
territory within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the centerline of Rainbow Drive and the centerline of
DRAFT DATE - 5/31/2019 71
Hanna Boulevard, thence Southeasterly along the centerline of Rainbow Drive to the centerline
of the spur track of the Chicago, Central & Pacific Railroad, thence Southeasterly along said
railroad centerline to the centerline of Maynard Avenue, thence East along the centerline of
Maynard Avenue to the centerline of Ansborough Avenue, thence Northeasterly and Easterly
along the centerline of relocated Ansborough Avenue to the centerline of Westfield Avenue,
thence South and Southeasterly along the centerline of Westfield Avenue to the centerline of
Black Hawk Creek, thence Southwesterly along the centerline of Black Hawk Creek to the
centerline of Ansborough Avenue, thence North along the centerline of Ansborough Avenue to
the centerline of University Avenue, thence Northwesterly along the centerline of University
Avenue to the centerline of Falls Avenue, thence East along the centerline of Falls Avenue to the
centerline of Stephan Avenue, thence Northerly along the centerline of Stephan Avenue to the
centerline of Carriage Hill Drive, thence Northwesterly along the centerline of Carriage Hill
Drive to the centerline of Beverly Hills Street, thence Northerly along the centerline of Beverly
Hills Street to the centerline of Maynard Avenue, thence East along the centerline of Maynard
Avenue to the centerline of Auburn Street, thence North along the centerline of Auburn Street to
the centerline of Maxine Avenue, thence East along the centerline of Maxine Avenue to the
centerline of Hanna Boulevard, thence North along the centerline of Hanna Boulevard to the
centerline of Joy Drive, thence East along the centerline of Joy Drive to the centerline of Hanna
Boulevard, thence North along the centerline of Hanna Boulevard to the point of beginning
6th Precinct Of of The the Third Ward: The 6th precinct of the third ward shall embrace the
territory within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the centerline of West Conger Street and the main
channel of the Cedar River, thence Southeasterly along the Cedar River to the intersection with
the centerline of the Iowa Northern Railway Company right-of-way, (formerly known as the
Chicago Northwestern Transportation Company), thence Southwesterly along the centerline of
the Iowa Northern Railway Company right-of-way to the intersection with the centerline of
Jefferson Street, thence Northwesterly along the centerline of Jefferson Street to the intersection
with the centerline of West Sixth Street, thence Southwesterly along the centerline of West Sixth
Street to the centerline of Washington Street as originally platted, thence Northwesterly along the
centerline of Washington Street as originally platted to the centerline of West Fourth Street,
thence Southwesterly along the centerline of West Fourth Street to the centerline of Locust
Street, thence Northerly along the centerline of Locust Street to the centerline of West Mullan
Avenue, thence Westerly along the centerline of West Mullan Avenue to the centerline of
Western Avenue, thence Southeasterly along the centerline of Western Avenue to the centerline
of Elmwood Street, thence Westerly along the centerline of Elmwood Street to the centerline of
Sullivan Avenue, thence Southerly along the centerline of Sullivan Avenue to the centerline of
Sherwood Court, thence West along the centerline of Sherwood Court and an extension of
Sherwood Court to the centerline of Marsh Street, thence North along the centerline of Marsh
Street to the North limit of Marsh Street, thence Northwesterly in a straight line to the North
limit of the centerline of Moir Street, thence Northwesterly in a straight line to the Northerly
limit of the centerline of Chicago Street, thence South along the centerline of Chicago Street to
the centerline of Summit Avenue, thence West along the centerline of Summit Avenue and along
the centerline of Summit Avenue extended West to the centerline of Fletcher Avenue, thence
North along the centerline of Fletcher Avenue to the centerline of Black Hawk Creek, thence
DRAFT DATE - 5/31/2019 72
Northeasterly along the centerline of Black Hawk Creek to the centerline of Westfield Avenue,
thence Northwesterly along the centerline of Westfield Avenue to the centerline of West Conger
Street, thence Northeasterly along the centerline of West Conger Street to the point of beginning
1st Precinct Of of The the Fourth Ward: The 1st precinct of the fourth ward shall embrace the
territory within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the centerline of East Donald Street and the centerline of
Logan Avenue, thence East along the centerline of East Donald Street to the centerline of Idaho
Street, thence South along the centerline of Idaho Street to the centerline of Newell Street, thence
West along the centerline of Newell Street to the centerline of Mobile Street, thence South along
the centerline of Mobile Street to the centerline of Quincy Street, thence West along the
centerline of Quincy Street to the centerline of Ankeny Street, thence North along the centerline
of Ankeny Street to the centerline of Newell Street, thence Westerly along the centerline of
Newell Street to the centerline of East Mullan Avenue, thence continuing Westerly along the
centerline of Conger Street to the centerline of Logan Avenue, thence North along the centerline
of Logan Avenue to the centerline of Kern Street, thence Northeasterly along the centerline of
Kern Street to the centerline of East Mullan Avenue, thence Northwesterly along the centerline
of East Mullan Avenue to the centerline of Logan Avenue, thence North along the centerline of
Logan Avenue to the point of beginning
2nd Precinct Of -of The the Fourth Ward: The 2nd precinct of the fourth ward shall embrace the
territory within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the centerline of Newell Street and the centerline of
Ankeny Street, thence South along the centerline of Ankeny Street to the centerline of Quincy
Street, thence East along the centerline of Quincy Street to the centerline of North Barclay Street,
thence South along the centerline of North Barclay Street to the centerline of Shilliam Avenue,
thence East along the centerline of Shilliam Avenue to the centerline of Jackson Street, thence
South along the centerline of Jackson Street to the centerline of Merriman Street, thence East
along the centerline of Merriman Street to the centerline of Bates Street, thence South on the
centerline of Bates Street to the centerline of Douglas Street, thence East on the centerline of
Douglas Street to the centerline of Mobile Street, thence Southerly along the centerline of
Mobile Street and the centerline of relocated Mobile Street to the centerline of Martin Luther
King Jr. Drive, thence Westerly along the centerline of Martin Luther King Jr. Drive to the
centerline of the Chicago Central and Pacific Railroad right-of-way, thence Southeasterly along
said railroad centerline to the centerline of the Union Pacific Railroad right-of-way, thence
Southwesterly along centerline of said right-of-way to the centerline of Walnut Street, thence
Northwesterly along the centerline of Walnut Street to the centerline of E. Fourth Street, thence
Southwesterly along the centerline of E. Fourth Street to the Cedar River, thence Northwesterly
along the Cedar River to the centerline of East Mullan Avenue, thence Northeasterly along the
centerline of East Mullan Avenue to the point of intersection of the first spur line of the Chicago
Central and Pacific Railroad, thence Northwesterly following said spur line to the point at which
the centerline of Sycamore Street extended Northwesterly would intersect said spur line, thence
Northwesterly along said spur line to a point where the most Westerly spur line of said tracks
intersects the centerline of Lafayette Street, thence Southeasterly along the centerline of
DRAFT DATE - 5/31/2019 73
Lafayette Street to the centerline of Utica Street, thence Northeasterly along Utica Street and its
extension to the centerline of the spur line of the Chicago Central and Pacific Railroad, thence in
a Northerly direction following the centerline of said spur line to the centerline of Conger Street,
thence Easterly along the centerline of Conger Street to the centerline of East Mullan Avenue,
thence continuing Easterly along the centerline of Newell Street to the point of beginning
3rd Precinct Of of the Fourth Ward: The 3rd precinct of the fourth ward shall embrace the
territory within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the Cedar River and the centerline of East Fourth Street,
thence Northeasterly along the centerline of East Fourth Street to the centerline of Walnut Street,
thence Southeasterly along the centerline of Walnut Street to the centerline of the right-of-way of
the spur line of the Union Pacific Railroad, thence Northeasterly along said railroad right-of-way
centerline to the centerline of the right-of-way of the Chicago Central & Pacific Railroad, thence
Southeasterly along said railroad right-of-way centerline to the centerline of Glenwood Street,
thence East along the centerline of Glenwood Street to the centerline of Steely Street, thence
South along the centerline of Steely Street to the centerline of Independence Avenue, thence East
along the centerline of Independence Avenue to the centerline of Nevada Street, thence South
along the centerline of Nevada Street to the centerline of Franklin Street, thence West along the
centerline of Franklin Street to the centerline of Vinton Street, thence Southerly along the
centerline of Vinton Street to the Cedar River, thence Northwesterly along the Cedar River to the
point of beginning
4th Precinct Of -of The the Fourth Ward: The 4th precinct of the fourth ward shall embrace the
territory within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the Cedar River and the centerline of Vinton Street,
thence Northerly along the centerline of Vinton Street to the centerline of Franklin Street, thence
East along the centerline of Franklin Street to the centerline of Nevada Street, thence North along
the centerline of Nevada Street to the centerline of Independence Avenue, thence West along the
centerline of Independence Avenue to the centerline of Steely Street, thence North along the
centerline of Steely Street to the centerline of Alta Vista Avenue, thence East along the
centerline of Alta Vista Avenue to the centerline of Idaho Street, thence South along the
centerline of Idaho Street to the centerline of Butler Avenue, thence Southwesterly along the
centerline of relocated Idaho Street to the point of intersection of the centerline of Dubuque Road
and the centerline of Adrian Street, thence South along the centerline of Adrian Street to the
centerline of Lafayette Street, thence Southeasterly along the centerline of Lafayette Street to the
centerline of Osage Avenue, thence Easterly along the centerline of Osage Avenue to the
centerline of Dubuque Road, thence Southeasterly along the centerline of Dubuque Road to the
city limit line, thence South along the city limit line to the point where the city limit line
intersects the North line of the Cedar River, thence Southeasterly along the North line of the
Cedar River to a point on said North line that would intersect a Southerly extension of the
centerline of Randall Avenue, thence Northwesterly along the Cedar River to the point of
beginning
5th Precinct Of of The -the Fourth Ward: The 5th precinct of the fourth ward shall embrace the
DRAFT DATE - 5/31/2019 74
territory within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the centerline of North Barclay Street and the centerline
of Quincy Street, thence East along the centerline of Quincy Street to the centerline of Mobile
Street, thence North along the centerline of Mobile Street to the centerline of Newell Street,
thence East along the centerline of Newell Street to the centerline of Idaho Street, thence North
along the centerline of Idaho Street to the centerline of East Donald Street, thence West along the
centerline of East Donald Street to the centerline of Moline Road, thence North along the
centerline of Moline Road to the North city limit line, thence following the North and East city
limit line in a clockwise direction to its intersection with the centerline of Independence Avenue,
thence West along the centerline of Independence Avenue to the centerline of Idaho Street,
thence North along the centerline of Idaho Street to the centerline of Alta Vista Avenue, thence
West along the centerline of Alta Vista Avenue to the centerline of Steely Street, thence North
along the centerline of Steely Street to the centerline of Glenwood Street, thence West along the
centerline of Glenwood Street to the centerline of the right-of-way of the Chicago Central and
Pacific Railroad, thence Northwesterly along said railroad centerline to the centerline of Martin
Luther King Jr. Drive, thence Northeasterly along the centerline of Martin Luther King Jr. Drive
to the centerline of relocated Mobile Street, thence Northerly along the centerline of relocated
Mobile Street and the centerline of Mobile Street to the centerline of Douglas Street, thence West
along the centerline of Douglas Street to the centerline of Bates Street, thence North along the
centerline of Bates Street to the centerline of Merriman Street, thence West along the centerline
of Merriman Street to the centerline of Jackson Street, thence North along the centerline of
Jackson Street to the centerline of Shilliam Avenue, thence West along the centerline of Shilliam
Avenue to the centerline of North Barclay Street, thence North along the centerline of North
Barclay Street to the point of beginning.
6th Precinct Of of The the Fourth Ward: The 6th precinct of the fourth ward shall embrace the
territory within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the centerline of Lafayette Street and the centerline of
Adrian Street, thence North along the centerline of Adrian Street to the centerline of Dubuque
Road, thence Northeasterly along the centerline of relocated Idaho Street to the centerline of
Butler Avenue, thence North along the centerline of Idaho Street to the centerline of
Independence Avenue, thence East along the centerline of Independence Avenue to the East city
limit line, thence South and Northwesterly following the city limit line to its intersection with the
centerline of Dubuque Road, thence Northwesterly along the centerline of Dubuque Road to the
centerline of Osage Avenue, thence West along the centerline of Osage Avenue to the centerline
of Lafayette Street, thence Northwesterly along the centerline of Lafayette Street to the point of
beginning.
1st Precinct Of of The the Fifth Ward: The 1st precinct of the fifth ward shall embrace the
territory within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the centerline of West Eighteenth Street and the Cedar
River, thence Southwesterly along the centerline of West Eighteenth Street to centerline of
Williston Avenue, thence Westerly along the centerline of Williston Avenue to the centerline of
DRAFT DATE - 5/31/2019 75
Hammond Avenue, thence North along the centerline of Hammond Avenue to the centerline of
Leavitt Street, thence West and Northwesterly along the centerline of Leavitt Street to the
centerline of West Seventh Street, thence Southwesterly along the centerline of West Seventh
Street to the centerline of Allen Street, thence Northwesterly along the centerline of Allen Street
to the centerline of West Fourth Street, thence Northeasterly along the centerline of West Fourth
Street to the centerline of Washington Street as originally platted, thence Southeasterly along the
centerline of Washington Street as originally platted to the centerline of West Sixth Street,
thence Northeasterly along centerline of West Sixth Street to the centerline of Jefferson Street,
thence Southeasterly along the centerline of Jefferson Street to the centerline of the right-of-way
of the Union Pacific Railroad, thence Northeasterly along the centerline of the Union Pacific
Railroad to the Cedar River, thence Southeasterly along the Cedar River to the point of
beginning
2nd Precinct Of -of The the Fifth Ward: The 2nd precinct of the fifth ward shall embrace the
territory within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the centerline of Williston Avenue and the centerline of
Southbound Washington Street, thence Southeasterly along the centerline of Southbound
Washington Street to the centerline of Ohio Street, thence South along the centerline of Ohio
Street to the centerline of Byron Avenue, thence East along the centerline of Byron Avenue to
the centerline of Ohio Street, thence South along the centerline of Ohio Street to the centerline of
Mitchell Avenue, thence West along the centerline of Mitchell Avenue to the centerline of West
Ninth Street, thence Northerly along the centerline of West Ninth Street to the centerline of
Leavitt Street, thence Southeasterly and Easterly along the centerline of Leavitt Street to the
centerline of Hammond Avenue, thence South along the centerline of Hammond Avenue to the
centerline of Williston Avenue, thence East along the centerline of Williston Avenue to the point
of beginning.
3rd Precinct Of of The -the Fifth Ward: The 3rd precinct of the fifth ward shall embrace the
territory within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the centerline West Fourth Street and the centerline of
Allen Street, thence Southeasterly along the centerline of Allen Street to the centerline of West
Seventh Street, thence Northeasterly along the centerline of West Seventh Street to the centerline
of Leavitt Street, thence Southeasterly along the centerline of Leavitt Street to the centerline of
West Ninth Street, thence Southwesterly and Southerly along the centerline of West Ninth Street
to the centerline of Mitchell Avenue, thence West along the centerline of Mitchell Avenue to the
centerline of Vermont Street, thence North along the centerline of Vermont Street to the
centerline of Byron Avenue, thence West along the centerline of Byron Avenue to the centerline
of Bayard Street, thence North and Northwesterly along the centerline of Bayard Street to the
centerline of West Fourth Street, thence Northeasterly along the centerline of West Fourth Street
to the point of beginning
4th Precinct Of of The -the Fifth Ward: The 4th precinct of the fifth ward shall embrace the
territory within the city limits of the city of Waterloo, Iowa, described as follows:
DRAFT DATE - 5/31/2019 76
Beginning at the point of intersection of the centerline Mitchell Avenue and the centerline of
West Ninth Street, thence Southerly along the centerline of West Ninth Street to the centerline of
Rudi Place, thence Northwesterly along the centerline of Rudi Place to the centerline of Saratoga
Drive, thence Southwesterly along the centerline of Saratoga Drive to the centerline of Alpine
Drive, thence Northwesterly along the centerline of Alpine Drive to the centerline of Barton
Avenue, thence Northerly along the centerline of Barton Avenue to the centerline of Cataract
Avenue, thence Westerly along the centerline of Cataract Avenue to the centerline of Edgemont
Avenue, thence North along the centerline of Edgemont Avenue to the centerline of East
Ridgeway Avenue, thence West along the centerline of East Ridgeway Avenue to the centerline
of Kimball Avenue, thence North along the centerline of Kimball Avenue to the centerline of
Carolina Avenue, thence East along the centerline of Carolina Avenue to the centerline of Hale
Street, thence North along the centerline of Hale Street to the centerline of Byron Avenue, thence
East along the centerline of Byron Avenue to the centerline of Vermont Street, thence South
along the centerline of Vermont Street to the centerline of Mitchell Avenue, thence East along
the centerline of Mitchell Avenue to the point of beginning
5th Precinct Of of The the Fifth Ward: The 5th precinct of the fifth ward shall embrace the
territory within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the centerline West Fourth Street and the centerline of
Bayard Street, thence Southeasterly and South along the centerline of Bayard Street to the
centerline of Byron Avenue, thence West along the centerline of Byron Avenue to the centerline
of Hale Street, thence South along the centerline of Hale Street to the centerline of Carolina
Avenue, thence West along the centerline of Carolina Avenue to the centerline of Kimball
Avenue, thence South along the centerline of Kimball Avenue to the centerline of West
Ridgeway Avenue, thence West along the centerline of West Ridgeway Avenue to the centerline
of Sheridan Road, thence Northerly along the centerline of Sheridan Road to the centerline of
Berkshire Road, thence Westerly and Northerly along the centerline of Berkshire Road to the
centerline of Hampshire Road, thence Northerly along the centerline of Hampshire Road to the
centerline of West Fourth Street, thence Northeasterly along the centerline of West Fourth Street
to the point of beginning
6th Precinct Of of The Fifth Ward: The 6th precinct of the fifth ward shall embrace the territory
within the city limits of the city of Waterloo, Iowa, described as follows:
Beginning at the point of intersection of the centerline of West Fourth Street and the centerline of
Hampshire Road, thence Southerly along the centerline of Hampshire Road to the centerline of
Berkshire Road, thence Southerly and Easterly along the centerline of Berkshire Road to the
centerline of Sheridan Road, thence Southerly along the centerline of Sheridan Road to the
centerline of West Ridgeway Avenue, thence East along the centerline of West Ridgeway
Avenue to the centerline of Kimball Avenue, thence South along the centerline of Kimball
Avenue to the centerline of West Park Lane, thence Westerly and Southerly along the centerline
of West Park Lane to the centerline of Colby Road, thence South along the centerline of Colby
Road to the centerline of Rachael Street, thence West along the centerline of Rachael Street to
the centerline of South Hill Drive, thence North along the centerline of South Hill Drive to the
centerline of Rachael Street, thence West along the centerline of Rachael Street to the centerline
DRAFT DATE - 5/31/2019 77
of Loralin Drive, thence South along the centerline of Loralin Drive to the centerline of
Ridgemont Road, thence West along the centerline of Ridgemont Road to the centerline of
Ansborough Avenue, thence North along the centerline of Ansborough Avenue to the centerline
of West Fourth Street, thence Northeasterly along the centerline of West Fourth Street to the
point of beginning
(Ord. 5066, 8-8-2011, eff. 1-15-2012)
CHAPTER 810
MUNICIPAL FINANCES
1-810-1: DEEDS AND CONTRACTS:
1-810-32: CLAIMS:
1-810-43: GENERAL FUND:
1-810-1: DEEDS AND CONTRACTS:
A. Execution Of of Deeds Conveying City Property: All deeds and releases for the conveyance
of any real estate belonging to the city shall be made in the name of the city, as party of the first
part, and shall be executed by the mayor and the city clerk in their official capacity, and they
shall affix the corporate seal of the city thereto; such deed or release shall thereupon be
acknowledged by the mayor and city clerk for and on behalf of the city, which deed so executed
and acknowledged shall be valid and effectual to convey all rights and release all claims thereby
purporting to be conveyed or released.
B. Execution of Deeds Acquiring New City Property: All deeds and releases for the
conveyance of any real estate acquired by the city not through annexation shall be made in the
name of the city, as party of the second part, and shall be executed by the mayor and the city
clerk in their official capacity, and they shall affix the corporate seal of the city thereto; such
deed or release shall thereupon be acknowledged by the mayor and city clerk for and on behalf
of the city, which deed so executed and acknowledged shall be valid and effectual to convey all
rights and release all claims thereby purporting to be conveyed or released. Property acquisitions
shall be approved by resolution except any property acquired by the city through court order
shall be received and filed with the official records of the city council.
BC. Execution Of of Contracts:
1. All contracts entered into by the city, except such as may be entered into by ordinance,
shall be in writing, executed by the mayor,. in his official capacity and under the direction
of council, with the corporate seal of the city affixed thereto, and approved by the city
council, which approval shall be endorsed on the contract by the city clerk, and attested
by the city clerk's seal and signature.
DRAFT DATE - 5/31/2019 78
2. The city shall not be bound by, or be liable upon, any contract except such as shall be
entered into and executed in accordance with the provisions of subsection B1 of this
section. (Rev. Ord. 1127, Comp. 1941, p. D-3)
1.,8..2 PURCHASES:
ided in
mtnts of the
city, unless ordered by the city co1 session, a wri.
purchased.
C. Any officer or employees of t1
other than on such a written order. (Retie. Ord. 1171, Comp. 1911, p. P 7)
1-810-32: CLAIMS:
All bills and claims against the city shall be itemized, and shall not be allowed until
approved by the proper committee„
and others employed
by contract. (Rev. O:
1-810-43: GENERAL FUND:
esol ution
A. The city shall establish and maintain a minimum level of year-end general fund cash balance
of no less than five percent (5%) of the total general fund revenue budgeted or amended each
fiscal year. The city council shall adopt the annual operating budget each fiscal year in a manner
consistent with the required minimum level of year-end cash balance. Budget deficit reduction
measures shall be taken in the course of each fiscal year should it be determined that without
such measures the general fund cash balance would fall below the required minimum level of
year-end general fund cash balance at the close of that fiscal year.
B. Upon adoption of this section, the mayor and city council shall implement and exercise the
necessary budget controls to enable the city to comply with this section within the prescribed
time allowable stated herein. The general fund cash balance shall be at the minimum required
level of five percent (5%) of annual general fund revenue no later than June 30, 1996. (Ord.
4012, 4-25-1994)
Lions:
gs and structures and includes new buildi
DRAFT DATE - 5/31/2019 79
structures which are constructed as additions to existing buildings and structures. New
construction does not include reconstruction of an
rre or refitting of an existing
building or structure, unless the reconstruction of an existing building or structure
to ^ ^bsolcs^^nce „ d industry
he reconstruction is
process t il u on the
recommendati s y
a rr ry � 1 estate pursuant toIowa Code section'12-7A1(1),
trrrless the machinerpment is part of the normal. replacement or eper-a-ti"
P 4i emption For Construction Or Improvement Of Industria
cvu+ eia � c ris se ccivi�Frvvrci fQr cz�a l c rea,Ft, f w w+y-�u�z�at var of-.�ziet &a1
value added to industrial real estate by the new construction of industrial real 'atate and the
Iowa Code section 427A.1(1
C. Period Of Eligibility; Rate Of
the reasons specified in this section is eligible to receive a partikl exemption from
taxation for a per - _ „ e
ae ual value added as of the-fcecivc
determ' .. .. , of January 1 of each year for which the exemption is received. The
amount of actual. value added. whie '� n7:,<;r�7 e b �v^ ^* {r^ ° *,vr,t ^rir 1i be as folk -����; - r.�-,�-�-�n-�a-� n- roc-��.
3. For the third year, forty five percent (145°/,).
5. For the fifth year, fifteen percent (15%).
1-lowever, the gr
f w11 not result in
the industrial real estate before the start of the o ce+ & Fuclic�� a d.
D. Application:
DRAFT DATE - 5/31/2019 80
41-all be -filed by the owner of the property
exemption shall be made on for
shall contain information pertaining
g requirements o
mpleted and found to be quali
exemption for new c
proposal to the city council to
E. Repeal Exemption Provisions: When,
may repeal this section, but a
property tax e
ARTICLE A. HOTEL AND MOTEL TAX
1- 10A-1: TAX IMPOSED:
1-;10A-2: DEFINITIONS:
1- x=;10A-3: ADMINISTRATION:
1-.k;10A-4: FUND CREDITED:
1- 10A-5: TAX PERMIT:
1-A10A-6: PROVISIONS OF RETAIL SALES TAX APPLICABLE:
1- 10A-7: LOCAL TRANSIENT GUEST TAX FUND:
1--A10A-1: TAX IMPOSED:
ting in
plications for
the city coun.c
ruction. The city
n amended
ceived any other
There is hereby imposed by ordinance of the city council a hotel and motel tax at a rate of seven
percent (7%) upon the gross receipts from the renting of any and all rooms, apartments or
sleeping quarters in any hotel, motel, inn, public lodging house, rooming house or tourist court,
or in any place where sleeping accommodations are furnished to transient guests for rent,
whether with or without meals. The tax shall apply only within the corporate boundaries of the
city.
DRAFT DATE - 5/31/2019 81
The hotel and motel tax shall be imposed on April 1, 1981, following the notification of the state
director of revenue and finance. Once imposed, the tax shall remain in effect at the rate imposed
continually and perpetually thereafter until terminated by ordinance of the city council. (Ord.
4052, 11-14-1994)
1- 10A-2: DEFINITIONS:
RENTING AND RENT: Includes any kind of direct or indirect charge for such rooms,
apartments, sleeping quarters or the use thereof. However, such tax shall not apply to the gross
receipts from the renting of a room, apartment or sleeping quarters while rented by the same
person for a period of more than thirty one (31) consecutive days. (Ord. 4052, 11-14-1994)
1- 10A-3: ADMINISTRATION:
The state director of revenue and finance shall administer the provisions of the hotel and motel
tax as nearly as possible in conjunction with the administration of the state tax law. Said director
shall provide appropriate forms, or provide on the regular state tax forms, for reporting the hotel
and motel tax liability. All monies received or refunded one hundred eighty (180) days after the
date on which the city terminates the hotel and motel tax shall be deposited in or withdrawn from
the state general fund. (Ord. 4052, 11-14-1994)
1-1-%10A-4: FUND CREDITED:
The director of revenue and finance of the state, in consultation with local officials, shall collect
and account for the hotel and motel tax and shall credit all revenues to a "local transient guest tax
fund" as set forth in Iowa Code chapter 422A. (Ord. 4052, 11-14-1994)
1-;10A-5: TAX PERMIT:
No tax permit other than state tax permit required under Iowa Code section 422.53 may be
required by local authorities. (Ord. 4052, 11-14-1994)
1-A10A-6: PROVISIONS OF RETAIL SALES TAX APPLICABLE:
The tax herein imposed and levied shall be in addition to any state sales tax imposed under Iowa
Code section 422.43. The provisions of Iowa Code sections 422.25(4), 422.30, 422.48 to 422.52,
422.54 to 422.58, 422.67, 422.68, 422.69(1), and 422.70 to 422.75, consistent with chapter
422A, shall apply with respect to the taxes authorized under said chapter 422A, in the same
manner and with the same effect as if the hotel and motel taxes were retail sales taxes within the
meaning of those statutes. Notwithstanding the provisions of this section, the director of revenue
and finance of the state shall provide for only quarterly filing of returns as prescribed in Iowa
Code section 422.51. Further, said director may require all persons as defined in Iowa Code
section 422.42, who are engaged in the business of deriving gross receipts subject to tax under
DRAFT DATE - 5/31/2019 82
Iowa Code chapter 422A, to register with the department of revenue and finance of the state.
(Ord. 4052, 11-14-1994)
1-A10A-7: LOCAL TRANSIENT GUEST TAX FUND:
A. There is created in the office of the state treasurer a local transient guest tax fund which shall
consist of all monies credited to such fund under this article.
B. All monies in the local transient guest tax fund shall be remitted at least quarterly by the state
treasurer, pursuant to rules of the director of revenue and finance of the state, to the city in the
amount collected from business in said city.
C. Monies received by the city from this fund shall be credited to the general fund of such city,
subject to the provisions of subsection D of this section. (Ord. 4052, 11-14-1994)
D. The revenue derived from any hotel and motel tax authorized by this article shall be used as
follows:
1. Fifty percent (50%) to the Waterloo convention and visitors bureau for the promotion
of tourism.
2. Twenty percent (20%), or a minimum of one hundred fifty thousand dollars
($150,000.00), to the Five Sullivan Brothers Convention Center.
3. Ten percent (10%) to the Waterloo city council for discretionary purposes.
4. Twenty percent (20%) to recreation, culture, conventions, entertainment. The board of
directors of the Waterloo convention and visitors bureau shall make recommendations
every January to the city council concerning the allocation of these funds. (Ord. 4584, 10-
28-2002)
DRAFT DATE - 5/31/2019 83
CITY OF WATERLOO
715 MULBERRY STREET
WATERLOO, IOWA 50703
(319) 291-4327
(319)
Memo
To: Kelley Felchle, City Clerk
From: Martin M. Petersen, City Attorney
CC:
Date: 10/14/2019
Re: Censure Questions
LEGAL
DEPARTMENT
1. It is my opinion that the council persons who are the subject of an investigation should be allowed to
vote on the resolution authorizing the investigation committee.
2. The investigation committee does not have the ability to subpoena. Further, I do not believe that the
committee has the ability to compel someone to cooperate. I do not believe a lack of cooperation
would be considered an admission. The lack of cooperation could be noted in the report.
3. It is my opinion that the reference to due process means that the individual is entitled to procedural
due process under Article 1-6B. I believe that the City Attorney would ensure that the procedures
outlined in 1-6B are followed.
4. I do not believe that the third line of 1-68-5(F) is referring to a public hearing entitling the public to
speak. I believe the reference to the public censure hearing is a reference to an open meeting of the
City Council.
5. I do not believe that the Council could go into closed session. The only scenario by which I think it
would be appropriate would be if the person under investigation threatens litigation. That would allow
the Council to go into closed session to discuss the risk of litigation.
6. I do not believe any person being investigated would have a right to request a closed session.
7. I don't think Council could take away the right of a person to be represented by a lawyer.
8. Nothing could stop the person under investigation from suing the City if they believe they have been
slandered or libled. I think the other members of the City Council would be protected from liability if
Iowa Code Section 66, relating to Removal of Public Officials was followed.
9. Under the current wording of 1-6B-3 committee rnembers submitting the complaint would be the
only investigators prior to the asking for a Resolution authorizing the investigation to occur.
10. The City Attorney and City Clerk do not think Article B should be adopted. The other two options
available are to remove Article B, or in the alternative, adopt a version of Iowa Code Chapter 66.
1
11. Because Council Members are protected by the State's election laws, it is my opinion that no
punishment should be allowed by Article B other than a censure resolution.
Martin M. Petersen
City Attorney
® Page 2
CITY OF WATERLOO
Council Communication
Discussion of changes to the refuse and recycling ordinance.
City Council Meeting: 10/28/2019
Prepared: 10/23/2019
REVIEWERS:
Department
ublic Works Deparunent
Reviewer
Felt:1111e, Kelley
ATTACHMENTS:
Description
D Ordinance as proposed
D Fee Schedule
D Chapter :3 Solid Wast e CdRection and Disposal
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
Action
Approved
Type
B ack up M aterial
B ack u.p M atcrial
a ck-up 1\4 aterial
Date
11 0/23/2,0 119 Ai AM
Discussion of changes to the refuse and recycling ordinance.
Submitted By: Randy Bennett, Public Works Division Manager
Chapter 3
SOLID WASTE COLLECTION AND DISPOSAL
4-3-1 [)DE IF IIU IIIIg IILTIIUC III S
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4-3-3: S IPIIL'CIIVA.IIL_ IIRIIL'IIh USIIL' IDIIUSIIP0SAIIL_'
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4 3 5 CIOL_IIL_IIL'C"T1IU6""FIN IR.UIL_IILrrS ANDAN D UIIL_ATIIUOINS'
Ilf:'I11111EIIf;;; S IF"' IIR SllE:RVIIICIIf;;;
4 3-"7' IIPIR. Hi BUTIE, IIL) A.C"T .* AN IIL) C IIN[JUT II TINS'
4-3-t'', SIIPIIE,CaIIU ,IIL_ I11E,XC IIE,IIP°'TIIIU0III VS JIRINIIIUIIU G BAN
4-3-9 VI IIL_ATIIU0IN'„ IIPIIL' III4AIL_°T'Y'
4-3-1 IUD G/\..ROI1)�IIUI14G III UIIUS `JNCIIE,'
4-3-1 1 PA IIEE,IN'T, ASSESSMENT OIOF Cm , APIIPIIEAIL,'
4-3-1: DEFINITIONS:
BUSINESS: Each separate establishment for carrying on any profit -seeking, institutional, religious,
governmental or nonresidential activity or enterprise, other than a "home occupation" as defined in
section 10-3-1 of the zoning ordinance.
DWELLING UNITS: Each household unit occupied by a single family.
EXCLUDED WASTE: Solid waste designed by the city as not appropriate for recycling, including but
not limited to hazardous materials, garbage, refuse, yard waste, special waste, and other materials
or waste identified in rules and regulations established by the public works manager or designee and
approved by resolution of the city council.
GARBAGE: All solid and semisolid putrescible animal, grain, fruit, or vegetable wastes resulting from
the handling, preparing, cooking, storing, serving, and consuming of food or of material intended for
use as food.
HAZARDOUS MATERIALS: Any hazardous waste or hazardous substance regulated by articlle C of
tlNi y chapter, including but not limited to materials that are hazardous, radioactive, volatile, corrosive,
highly flammable, explosive, biomedical, infectious, biohazardous, toxic or listed or characteristic
hazardous waste as defined by applicable law or otherwise regulated.
MULTIPLE DWELLING: A building or complex consisting of more than four (4) dwelling units.
PERSON: Each individual, firm, corporation, partnership or other entity, or any employee or agent
thereof.
PREMISES: The property occupied by a separate family or business unit, whether or not the same
be separately owned.
RECYCLING: Any process by which certain solid waste is collected, separated, and processed or
returned to use in the form of raw materials or products.
RECYCLING MATERIALS: Solid waste designated by the city as appropriate for recycling, such as
newsprint, magazines, catalogs, cardboard, metal cans, and plastic containers, as set forth in the
1
rules and regulations established by the public works manager or designee and approved by
resolution of the city council.
REFUSE: Putrescible and non-putrescible solid and semisolid wastes that are not "hazardous
materials", "garbage", "recycling materials" or "yard waste" as defined in this section, including, but
not limited to, trash, rubbish, wood that is not yard waste, glass, ashes, incinerator ash or residue,
street cleanings, market and industrial solid wastes, and building materials.
SOLID WASTE: Any garbage, rubbish, refuse, recycling materials, yard waste, and other discarded
material, including solid, liquid, semisolid, or contained gaseous material, resulting from industrial,
municipal, commercial, construction, mining or agricultural operations, and residential, community
and institutional activities.
SOLID WASTE FEE SCHEDULE: A schedule of fees, costs and charges, as adopted and modified
from time to time by resolution of the city council, that are chargeable to customers in connection
with the solid waste collection and disposal program provided for in this chapter.
YARD WASTE: Vegetative wastes resulting from the care and maintenance of residential yards,
flowerbeds, and gardens, including, but not limited to, grass clippings, leaves, tree limbs, bark,
garden waste, brush and small twigs, and branches not exceeding two and one-half inches (21/2') in
diameter and three and one-half feet (31/2') in length. Yard waste shall not include the following:
A. Tree stumps, tree roots, trunks, logs, and branches that are more than two and one-half inches
(21/2") in diameter or three and one-half feet (31/2') in length.
B. Material meeting the definition of "garbage" or "refuse" as provided in this section.
C. Flower and decorative products manufactured or fabricated, or the waste byproducts incidental to
their manufacture or fabrication, which include organic materials and other nonorganic wastes which
are not practically separable. Examples of this exemption include, but are not limited to, things such
as flower arrangements, decorated potted plants, wreaths, bouquets, garlands, and small bedding
flats.
D. Metal, plastic, rock, dirt, wire, fencing, weed barriers or other underlayment, bordering materials,
stone, brick, masonry, or other inorganic material. (Ord. 4829, 8-14-2006; amd. Ord. 5075, 9-19-
2011)
4-3-2: ADMINISTRATION:
A. Oversight: The public works department shall have the duty and responsibility of overseeing the
collection of garbage, refuse, recycling materials and yard waste within the corporate limits of the
city and see that all garbage, refuse, recycling materials and yard waste is disposed of in a sanitary
manner, whether by the city, by contracted entities or by private persons, in order to protect the
health of the citizens thereof.
B. Collection: The city council shall, from time to time by resolution, provide such other policies, rules
and regulations in addition to the provisions of this chapter as may be deemed necessary for the
collection of garbage, refuse, recycling materials and yard waste by and in the city. (Ord. 5203, 3-3-
2014)
4-3-3: SPECIAL REFUSE DISPOSAL:
A. Contagious Disease Refuse: The removal of clothing, bedding or other refuse from homes or
other places where highly infectious diseases have prevailed shall be performed under the
2
supervision and direction of a licensed physician and health authority. Such refuse shall not be
placed in containers for city collection.
B. Hypodermic Instruments: No person shall dispose of or discard any hypodermic syringe,
hypodermic needle or any instrument or device for making hypodermic injections before first
breaking, disassembling, destroying or otherwise rendering inoperable and incapable of reuse such
hypodermic syringe, needle, instrument or device, and without safeguarding the disposal thereof by
wrapping or securing same in a suitable manner so as to avoid the possibility of causing injury to the
collection personnel. (Ord. 4034, 8-22-1994)
C. Ashes: Ashes that are to be hauled by the city must have been wetted and cool to the touch prior
to collection. Ashes shall be placed in suitable containers of such size and weight that they can be
handled by one person.
D. Cardboard Boxes and Cartons: Prior to depositing refuse for collection in authorized containers or
receptacles or in commercial containers, the person disposing of any such boxes or cartons or the
person in charge of the premises shall collapse all cardboard boxes, cartons and crates. (Ord. 2958,
3-27-1978)
4-3-4: DISPOSAL SERVICES PROVIDED; EXCEPTIONS:
The city shall provide, to every premises within the corporate limits of the city, disposal service for
garbage, refuse, recycling materials and yard waste, with the following exceptions:
A. Business establishments shall have a private licensed collector remove garbage and refuse.
B. Multiple dwellings shall have a private licensed collector remove garbage and refuse.
C. Hazardous materials shall not be accepted for disposal by the city or private haulers licensed
under this chapter. (Ord. 4943, 6-15-2009)
D. The city shall not provide collection and disposal of recycling materials or yard waste for multiple
dwellings or business establishments as defined in 4-3-1, but the occupants of multiple dwellings
may dispose of recycling materials and yard waste at drop-off sites maintained by the city for that
purpose.
4-3-5: COLLECTION RULES AND REGULATIONS:
A. Containers: Except as set forth in this chapter, the specific requirements for the number and type
of containers, placement of items for collection, size of containers, weight of containers or items
placed out for collection, and other rules, regulations and policies for solid waste collection shall be
as set forth in the administrative policy, organization and procedures prepared by the public works
manager and adopted by resolution of the city council.
B. Containers Required: It shall be required of every person in possession, charge or control of any
place in or from which building materials, business trash, garbage, household trash, industrial waste,
recycling materials, tree and shrubbery trimmings and yard trash is accumulated or produced to
provide and at all times to keep in a suitable place, adequate and suitable receptacles and
containers capable of holding all such waste materials which would ordinarily accumulate between
the times of successive collections. For customers of disposal services provided by the city, only
containers provided by the city shall be used. A customer of city disposal services shall not alter any
container, use it for any purpose other than its intended use, or move it to a different address.
C. Container Specifications and Replacement: Containers other than those provided by the city shall
be of safe construction and design. All containers shall be maintained in good and serviceable
3
condition at all times. Any receptacles or containers which do not conform to the provisions of this
chapter or which have ragged or sharp edges or any other defects likely to hamper or injure the
person collecting the contents thereof, or public, or likely to cause spillage of contents, shall be
promptly replaced upon notice. If said containers, after proper notice, have not been replaced, the
public works department shall have the authority to order their replacement. After initial delivery of a
container by the city or its contractor, if a new container is delivered, or an existing container is
removed or exchanged, for reasons other than damage or loss caused by city or its collection
contractor, the customer shall pay a fee as set forth in the solid waste fee schedule. A customer
shall also be liable for the cost of a new container if the container is destroyed or otherwise rendered
unsuitable for continued use by the customer or anyone for whom the customer is responsible. (Ord.
5203, 3-3-2014)
D. Loading and Unloading Areas: All loading and unloading areas shall be provided with refuse
receptacles for loose debris, paper, packaging materials and other trash. The number of containers
necessary for each area shall be as required to maintain clean, neat and sanitary premises as
directed by the public works department. (Ord. 4482, 5-29-2001)
E. Points of Collection: Containers for refuse, recycling materials and yard waste shall be placed for
collection at ground level within three (3) feet of the curb or alley line and with unobstructed access
for automated equipment. No collection shall occur where containers cannot be reached by
collection equipment or by collection personnel without unlocking or opening a door, gate or any
similar obstacle, encountering a dog, or otherwise being denied reasonable access by parked
vehicles, yard tools and equipment, or other similar objects. Any container not properly placed for
collection will not be emptied, and a return visit to the property to empty a container at customer
request shall incur a fee as set forth in the solid waste fee schedule. The public works department
shall have the authority to determine the proper receptacle or container location on private property.
(Ord. 5203, 3-3-2014)
F. Recycling Materials and Yard Wastes:
1. Recycling materials and yard waste shall each be separated from all other wastes by the
owner, occupant or agent of all premises in the city. Specific requirements for disposal shall be as
set forth in this chapter and the administrative policies referred to in subsection A of this section.
2. Recycling materials and yard waste shall be disposed of in containers provided by the city
specifically for that purpose. Disposal of recycling materials or yard waste for city pick up in other
containers shall be prohibited. (Ord. 4482, 5-29-2001)
G. Authorized Collectors: No person other than the agents of the city or persons so authorized by it
pursuant to airtoclle A of tlhlis chapter shall collect or transport garbage, refuse, recycling materials or
yard waste through or upon the streets or alleys of the city. (Ord. 5075, 9-19-2011)
H. Securing Accumulations; Removal Of Same By Private Collectors: Any multiple dwelling and any
business shall have garbage and refuse collected by a private licensed collector and may have
recycling materials or yard waste hauled by a private licensed collector. This shall not preclude the
provisions of subsection F1 of this section. All containers for collection of the garbage, refuse,
recycling materials or yard waste of any multiple dwelling or any business shall be securely fastened
in a closed position at all times, except when the container is opened for depositing additional
accumulations or when the container is being emptied by a private licensed collector. No person
other than the owner of the premises, its authorized agents, or a private licensed collector may
remove garbage, refuse, recycling materials or yard waste from any container intended for collection
of same. (Ord. 4943, 6-15-2009)
I. Disposition Areas Established By City Council: Disposition of garbage, refuse, recycling materials
and yard waste shall be in areas designated by the council. Disposition of solid construction rubble
4
such as concrete, brick, stone, sand or dirt, shall be in areas approved by the city as set forth
in artliclle B of this chapter. (Ord. 4482, 5-29-2001)
J. Vehicle Requirements: Any person, including, but not limited to, employees or contractors of the
city, hauling trash, refuse, garbage, offal or other offensive substances in a vehicle of any kind over
the streets of the city, shall equip the vehicle with a suitable cover of durable material and shall keep
such cover over the load carrying portion of the vehicle at all times, as necessary to prevent waste
material from escaping. The cover shall be of sufficient size to fully cover any refuse being carried in
the vehicle and to keep the refuse in place on such vehicle. The vehicle shall be so constructed that
no drippings or seepings from any refuse carried therein can escape from the vehicle. If any of the
material falls off or blows off or out of the vehicle, the person hauling the same shall promptly clean
up all of such materials. (Ord. 5203, 3-3-2014)
K. Suspension of Recycling Service: Collection of recycling materials may be suspended or delayed
if the city or its contractor is unable to collect or process recycling materials due to mechanical
failures, significant weather events, or any other cause beyond the reasonable control of the city or
its contractor. In addition, the city may elect to suspend collection service to a particular customer in
the event of a delinquent account, repeated mixing of excluded materials with recycling materials, or
other cause as determined by the public works manager or designee in the exercise of his or her
reasonable discretion.
4-3-6: FEES FOR SERVICE:
A. Fees Established: The expense of solid waste disposal services as determined by the city council
shall become a charge against the owner or occupant of every dwelling unit to which service is made
available. Fees for the services described below shall be set forth in the solid waste fee schedule.
1. Disposal of Garbage: A fixed sum per month shall be charged to all dwelling units and shall
entitle each customer to dispose of one standard garbage container per week on an automated
garbage route.A fee shall be charged for one additional thirty (30) gallon plastic bag placed upon
the lid of the garbage cart per week. The fee shall be collected by requiring the purchase of a tag
that must be affixed to the plastic bag placed out for disposal. The fee or charge for this tag shall
be as set forth in the solid waste fee schedule.
2. Disposal of Yard Waste: A fixed sum per month shall be charged to each customer
participating in the voluntary yard waste disposal program and shall entitle the customer to
dispose of a standard container of yard waste according to the ordinary collection schedule.
Yard waste shall be collected from mid -April through November each year, during at least 18 weeks
as scheduled each year. There is no yard waste collection December through March. Schedules
shall be mailed to voluntary subscribers each December for the next year's service.
3. Disposal of Recycling Materials: A fixed sum per month shall be charged to each customer
participating in the voluntary recycling program and shall entitle the customer to dispose of a
standard container of recycling material on a bi-weekly basis.
4. Collection Sites: All customers will be charged a fee, as set forth in the solid waste fee
schedule, for operation of yard waste and satellite recycling sites maintained by the city, whether
or not the customer is participating in a voluntary recycling or yard waste collection program.
5. Bulk Item Collection Services: Curbside collection of up to ten (10) large, bulky refuse items,
such as tires, appliances, furniture, bedding, etc., can be scheduled on a specific work order form
available at the public works department. No yard waste, hazardous waste, recycling materials or
garbage shall be collected. The fee or charge for this service shall be as set forth in the solid
5
waste fee schedule. Fabric covered items such as couches, chairs or mattresses shall be
wrapped in plastic to prevent the spread of any possible insect infestation (Ord. 5203, 3-3-2014)
Special environmentally restricted waste bulk items: Refrigerator, freezer, air conditioner, tires,
etc., must be disposed of by the city at a state licensed decertification business or a licensed tire
recycling business. All tags must be purchased from the city for those items to be picked up by
the city.
B. Exemptions: An individual may be granted a partial exemption to the fees and costs for garbage
and refuse collection set forth in subsection A of this section by annually making application to the
city clerk and by meeting criteria established by the finance committee of the city council. The
exemption shall be on a calendar year basis.
C. Delinquent Charges: There shall be assessed a one-time penalty of five percent (5%) if the bill for
solid waste disposal service is not paid at the time indicated on the bill.
D. Change In Fees: The city may change and adjust the solid waste disposal schedule from time to
time by resolution of the city council as it becomes necessary to be sufficient in each year for the
payment of expenses of operation and for repair, maintenance and replacement of solid waste
disposal equipment. (Ord. 4129, 9-18-1995)
E. Collection of Fees:
1. The municipal waterworks office is hereby authorized and directed to render and collect fees or
service charges for disposal services in accordance with the fees established in subsection A of
this section. The charge shall be collected with the consumer's regular monthly and/or quarterly
water and sewer bill, and shall be shown as a separate item on the bill. The owner or manager of
a dwelling unit who provides and pays for the water and sewer consumption charges of his
tenants shall also be responsible and pay for the garbage and refuse service charges of his
tenants. Collection policies shall be the same as the other city utility services.
When a fee is six (6) months delinquent, the unpaid fee for city solid waste disposal services shall
be assessed against the property benefited, as provided for under Iowa Code section 384.84(3).
Amounts collected for solid waste disposal services shall be deposited with the city. (Ord. 4640,
9-2-2003)
2. It shall be at the discretion of the municipal waterworks office to decide on vacancies and
partial use of dwelling units in connection with monthly and/or quarterly billing amounts pertaining
to solid waste collections. (Ord. 3705, 4-2-1990; amd. 2001 Code)
4-3-7: PROHIBITED ACTS AND CONDITIONS:
A. Disposal On Public Property: It shall be unlawful for any person to deposit any garbage, refuse,
recycling materials or yard waste in any location within the city unless such refuse be deposited as
provided in this chapter.
B. Unlawful To Permit Hazardous Accumulations: It shall be unlawful for any person to permit
accumulation on any premises, improved or vacant, or any public place in the city, of any quantities
of garbage, refuse, recycling materials or yard waste, whether in containers or not, that shall, in the
opinion of code enforcement, constitute a health or sanitation hazard or nuisance. Any quantity of
garbage, refuse, recycling materials or yard waste in a container that exceeds the capacity of the
container when closed shall be deemed a nuisance and shall be subject to abatement as provided in
this chapter.
C. Rubbish And Trash Near Buildings:
6
1. Accumulation And Burning: Any person who shall throw, deposit or place in or about any
building or cellar or in or upon any street or alley or allow to remain in such building or cellar or
upon any such street or alley, any solid waste of any kind or character whatsoever, shall be
deemed guilty of an offense. Solid waste which has been thrown, deposited or placed in or about
any building or cellar, street, or alley in the city, or which has accumulated in such places,
including such waste materials as are placed in an appropriate container and exceed the capacity
of the container when closed, shall be deemed a nuisance and may be abated. All open burning
of solid waste shall be prohibited.
2. Burning Tires: Any tire fires on any property shall be presumed to be set by the property owner,
or if said property owner does not reside there, the occupant of the property. It shall be the sole
responsibility of the property owner or occupant to report who was responsible for the fire if said
fire was not set by said owner or occupant. (Ord. 4943, 6-15-2009)
D. Excluded Waste: It shall be a violation for any customer of the voluntary disposal program for
recycling materials to place any excluded waste in the recycling container. If a container is found to
contain excluded waste at the time of collection, the container will not be emptied until the next
scheduled collection date when the excluded waste has been removed.
4-3-8: SPECIAL EXCEPTIONS TO BURNING BAN:
A. The city, in burning trees, tree trimmings, or the like generated by the forestry department, street
department, or other city departments in their normal course of work or resulting from a natural
disaster declared as such by the city council, shall not be subject to the burning ban stated in
subsection 4-3-7C1 of this chapter. For purposes of this subsection, "trees" means all parts of a tree
or shrub, including, but not limited to, trunks, limbs, branches, stumps, and roots or root masses.
(Ord. 4829, 8-14-2006)
B. The city council shall have the authority, consistent with this section, to grant exceptions to the
ban on open burning and to allow the burning of certain vegetative matter and solid wastes under
special limited conditions. An application for exception must be filed with the city clerk's office,
reviewed by the fire department (which may consult with the leisure services and public works
departments when appropriate), and forwarded to the city council for approval. An exception may be
granted in cases when burning of native vegetation is a recognized management technique. (Ord.
5203, 3-3-2014)
C. Said application must contain the following information and any other information deemed
appropriate by the city:
1. Name of applicant;
2. Address and telephone number of applicant;
3. Location and size of area to be burned;
4. Dates and times of burning;
5. Description of vegetation;
6. Description of management technique; and
7. Containment procedures.
A fee of fifty dollars ($50.00) must be filed with the application. In addition to the application fee,
the fire department shall charge for standby services and extinguishment of intentionally set fires
as contained in section 9-2A-12 of this code.
7
D. The fire department will determine for each exception whether:
1. Atmospheric conditions are proper to allow the burning;
2. Applicable provisions of state law or regulation are complied with; and
3. Standby vehicles are needed to ensure the safety of life and property adjacent to the site.
E. Any individual who claims to be adversely affected by allowance of the exception may file a
statement with the city clerk containing information to support the claim. If the city council finds that
sufficient controversy exists regarding such application, a public hearing may be held.
F. In determining whether to grant or deny the application, the city council shall balance the
following: hardship to the applicant, the community and other persons resulting from the denial of the
exception against the adverse impact on the health, safety and welfare of persons affected, the
adverse impact on property affected, and any other adverse impacts of granting the exception.
Applicants for exceptions and persons contesting exceptions may be required to submit any
information/document reasonably required by the city council. In granting or denying an application,
the city council shall place on public file a copy of the decision and the reasons for denying or
granting the exception.
G. Exceptions shall be granted by notice to the applicant containing all necessary conditions,
including a time limit on the permitted activity. Any exception shall not become effective until all
conditions are agreed to in writing by the applicant. Noncompliance with any condition of the
exception may result in termination of the grant of exception.
H. Applications for exceptions shall be treated as an application for an initial exception.
I. Exceptions must be filed for each occurrence.
J. Appeals of an adverse decision of the city council shall be made to the district court in and for
Black Hawk County. Review of the court shall be de novo limited to whether or not the decision is
supported by substantial evidence. (Ord. 4829, 8-14-2006)
4-3-9: VIOLATION; PENALTY:
A. For any customer whose recycling container has been found to contain excluded waste, penalties
shall be as follows for any occurrence within a given period of twenty-four (24) months:
1. First occurrence: Notification of violation
2. Second occurrence: $50.00 fine
3. Third occurrence: $100.00 fine
4. Any subsequent occurrence: See subsection B.
In addition, if the city or its contractor discovers excluded waste after it has been collected, such
waste may be transported, handled and disposed of in accordance with applicable law, and the
customer may be charged all costs incurred due to the transportation, handling and disposal of the
excluded waste and all related actions.
B. Except as set forth in subsection A, persons violating the provisions of this chapter shall be guilty
of a municipal infraction and upon conviction thereof shall be punished in accordance with the
provisions of subsection 1 -3-2C of this code. (Ord. 4441, 10-16-2000)
4-3-10: NOTICE REGARDING NUISANCE:
8
A. Upon receipt of a complaint or observation by code enforcement or by the public works manager
or his/her designee of a violation of this chapter, a notice shall be issued to the property owner (as
shown by the official records of Black Hawk County), agent, and/or person in possession of said
property, describing the nuisance or hazard on said property. The first such notice issued in any
calendar year shall demand abatement of the nuisance within seven (7) days from the date of
service as evidenced on the return, or if by certified mail, from the date of mailing. Any subsequent
notices issued in the same calendar year shall demand abatement within one day from the date of
personal service or mailing as stated above. Failure of the owner to abate the nuisance may result in
the city's abating it and assessing all costs associated therewith against the affected property. Costs
associated with abating a nuisance include, but are not limited to, landfill fees, mileage
reimbursement at the standard IRS business rate use then in effect, and the hourly rate of truck
operator time (minimum 1 hour) as determined by the public works committee of the city council from
time to time.
B. Notice required herein shall be made by certified mail or by the issuing officer by personal service
as provided by applicable law, stating that the property is in violation of this chapter and that failure
of the owner, agent, and/or person in possession of said property to abate the nuisance within the
time frame set forth herein may result in the city's abating the nuisance and assessing costs of said
action against the property. If the public works manager or his/her designee, code enforcement, or
the fire or health departments declare the nuisance to be an emergency, the city may perform any
action required to abate the nuisance without prior notice, and assess any and all costs of said
action to the property as provided herein. An "emergency" shall be any act or omission of the
property owner, agent, and/or person in possession which constitutes a health, safety, or fire hazard
to anyone. (Ord. 5203, 3-3-2014)
4-3-11: PAYMENT, ASSESSMENT OF COSTS, APPEAL:
A. Fees And Charges: Upon completion of the abatement of a hazard or nuisance as provided for
herein, the city clerk shall demand payment for the costs of such abatement from the property owner
by mailing a statement of the fee to the last known address of the owner and/or person in
possession as shown by the records of the county. Notice shall be by ordinary mail. Said statement
shall be due and payable upon mailing and shall become delinquent if not paid within ten (10) days
of date of mailing the notice. Any delinquent fees and charges may be assessed against the property
for collection in the same manner as a property tax, as provided in state law.
B. Reserved.
C. Appeal: A property owner in receipt of a statement of fees and charges for an abatement who
contests the statement may file a written appeal with the city clerk within ten (10) days of the
postmarked date of the statement. An administrative filing fee of fifty dollars ($50.00) must be paid
when the appeal is filed. Failure to file the appeal and pay the administrative filing fee within said ten
(10) days shall constitute a waiver of the right to a hearing, and the statement of fees and charges
shall thereupon become final. Hearing on the appeal before the city council or its designated
committee shall be scheduled for a date within thirty (30) days of filing the appeal and shall be
scheduled for no more than thirty (30) minutes in length, or such additional time as the city council or
committee in its discretion may deem necessary. If the appellant desires additional time, he or she
must make application to the city council or committee at least seven (7) days prior to the hearing
date. The appeal hearing shall be simple and informal, without regard to technicalities of procedure
or rules regarding admissibility of evidence. The city council or committee may consider any
evidence it considers credible, including testimony of city employees, written summaries and other
secondary sources, and give such weight to the evidence as it considers warranted. After such
hearing, the city council or committee shall determine whether the amount of the assessment should
be affirmed, reduced, or waived. Such determination shall be contained in a written decision and
9
shall be filed with the city clerk within ten (10) days after the hearing, or any continued session
thereof. In the event the assessment is waived by over half, the administrative filing fee for the
appeal will be refunded to the appellant. (Ord. 4943, 6-15-2009)
ARTICLE A. PRIVATE COLLECTORS AND HAULERS
4-3A-1: COLLECTORS AUTHORIZED:
4-3A-2: PERMIT REQUIRED; INSPECTION FEE:
4-3A-3: VEHICLE REQUIREMENTS:
4-3A-4: RULES AND REGULATIONS:
4-3A-5: REVOCATION OF PERMIT:
4-3A-1: COLLECTORS AUTHORIZED:
All who use private collectors for the hauling of garbage, refuse, recycling material or yard waste
shall use only collectors licensed by the city as provided in this article. (Ord. 3705, 4-2-1990)
4-3A-2: PERMIT REQUIRED; INSPECTION FEE:
A. No person shall engage in the business of collecting and hauling garbage, refuse, recycling
material or yard waste in the city without first obtaining a permit from the city. The permit shall be
issued when the equipment for hauling garbage, refuse, recycling material or yard waste shall meet
the requirements of this article, such equipment shall have been inspected and an inspection fee
paid to the city. The inspection fee shall be fifty dollars ($50.00) per vehicle per year. The license
shall be valid for one year unless sooner revoked as provided in this article. All licenses are due May
1 of each year.
B. An application for a permit shall be filed with the health department and shall contain the following
information:
1. The name and address of the applicant;
2. The vehicle to be used;
3. General information concerning the routes to be traveled and places to be served.
C. No permit issued pursuant to this article shall be transferable from one person to another, or from
one vehicle to another. (Ord. 3705, 4-2-1990)
4-3A-3: VEHICLE REQUIREMENTS:
No permit shall be issued or renewed unless the vehicles to be used have been inspected by the
health department. The vehicles must meet the following requirements:
A. Construction of the vehicles shall be such that rubbish or bulk material loaded therein or
transported thereby shall be securely contained. Trucks with open sides, such as a stake body truck
must have some type of paneling installed on the interior of the stakes to prevent the loss of any
rubbish or bulk material. Plywood or hardboard may be used to line the interior; however, large
sections of cardboard will not be acceptable.
10
B. All vehicles shall be equipped with a permanently attached covering over the bed of the vehicle,
or with a suitable tarpaulin. The tarpaulin must be constructed in such a manner so that both sides
and the end of the tarpaulin can be securely tied down or loaded to prevent the rubbish or bulk
material from being blown or allowed to escape.
C. All vehicles other than stake body types must be equipped with a tailgate of rigid construction of
at least one and one-half feet (11/2') in height which, when closed shall securely hold and contain all
rubbish and bulk material. Acceptable paneling as indicated above may be used in lieu of the tailgate
only on stake body vehicles.
D. Any compaction type vehicle must be equipped with a tight fitting tarpaulin or other means to
prevent rubbish or other material from being blown or allowed to escape from the hopper area.
E. All vehicles inspected and licensed under this section shall prominently display the permit number
on the upper or lower left corner of the windshield of the vehicle upon a decal to be furnished by the
health department. (Ord. 3705, 4-2-1990)
4-3A-4: RULES AND REGULATIONS:
A. Transporting Waste Materials: No person shall haul, transport or otherwise convey any garbage,
rubbish, trash, waste, building material, tree or shrubbery branches or limbs, or any other waste
material within the city unless the same is contained in covered receptacles or is otherwise secured
either to or within the vehicle so that such material does not fall off or blow off or out of the vehicle
hauling the same. In the event any of the material falls off, blows off or out of the vehicle, the person
hauling the same shall clean up all of the waste material.
B. Dumping In Authorized Places: It shall be unlawful for any person to use any lot, open space,
street or roadway in the city instead of the location provided for and established by the city council,
for the dumping or depositing of dead animal matter, garbage matter, and offensive materials and
substances, and other refuse, rubbish, recycling material or yard waste.
C. Penalty: Any person who shall violate this section or any part thereof shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished as provided in section 1-3-1 of this
code. (Ord. 3705, 4-2-1990)
4-3A-5: REVOCATION OF PERMIT:
Persons licensed in accordance with the provisions of this article who fail or refuse to gather and
carry away, in covered receptacles, any deposit of garbage, refuse, recycling material or yard waste
in the proper manner from any place where the same is deposited for removal by them, may have
their license revoked by the city council after a hearing before the city council. The licensee shall
have at least five (5) days' notice prior to the hearing, and an opportunity to appear and be heard.
(Ord. 3705, 4-2-1990)
Chapter 4
LITTER CONTROL
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4-4-1: DEFINITIONS:
BUILDING MATERIALS: Any material such as lumber, brick, plaster, sheet metal or other
substances accumulated as a result of repairs or additions to existing buildings, construction of new
buildings or demolition of existing structures.
BULK CONTAINER: A metal container, made of watertight construction with doors opening on two
(2) sides and top, and constructed so that it can be emptied mechanically by a specially equipped
truck. Containers shall be kept covered at all times. Upon the effective date of this chapter, all new
bulk containers shall meet these specifications.
BUSINESS ESTABLISHMENT: Any retail, manufacturing, wholesale, institutional, religious,
governmental or other nonresidential establishment, or a "multiple dwelling" as defined in section 4-
33-1 of this title, at which garbage or trash may be generated.
BUSINESS TRASH: Any waste accumulation of dust, paper, cardboard, packing materials, rags or
other accumulations, other than garbage or household trash, which is usually attendant to the
operation of any business establishment.
CITY: The city of Waterloo.
DETACHABLE CONTAINER: A unit which is used for collecting, storing and transporting building
materials, business trash, industrial waste, hazardous refuse, refuse or yard trash. Each unit shall be
made of watertight construction. The unit may or may not use an auxiliary stationary packing
mechanism for compaction of materials into the container and may be of the open or enclosed
variety. The distinguishing feature of the detachable container is that it is picked up by a specially
equipped truck and becomes an integral part of the truck for transporting the waste materials to the
disposal site.
ENFORCEMENT AUTHORITY: City code enforcement officers.
GARBAGE: All solid and semisolid, putrescible animal, grain, fruit, or vegetable wastes resulting
from the handling, preparing, cooking, storing, serving, and consuming of food or of material
intended for use as food.
LITTER: Garbage, refuse, waste materials or any other improperly discarded, used or unconsumed
substance, including, but not limited to, tin cans, paper products, ashes, rags and the like.
LOADING AND UNLOADING AREA: Any land dock or space or area used by any moving vehicle for
12
the purpose of receiving for shipment or transportation goods, wares and commodities.
REFUSE: Putrescible and nonputrescible solid and semisolid wastes, including, but not limited to,
"garbage" or "yard waste" as defined in this section, including, but not limited to, trash, rubbish,
paper, cardboard, wood that is not yard waste, metal, glass, ashes, incinerator ash, street cleanings,
market and industrial solid wastes, and building materials.
YARD WASTE: Vegetative wastes resulting from the care and maintenance of residential yards,
flowerbeds, and gardens, including, but not limited to, grass clippings, leaves, tree limbs, bark,
garden waste, brush and small twigs, and branches not exceeding two and one-half inches (2i/2") in
diameter and three and one-half feet (31/2') in length. Yard waste shall not include the following:
A. Tree stumps, tree roots, trunks, logs, and branches that are more than two and one-half inches
(21/2") in diameter or three and one-half feet (31/2') in length.
B. Material meeting the definition of "garbage" or "refuse" as provided in this section.
C. Flower and decorative products manufactured or fabricated, or the waste byproducts incidental
to their manufacture or fabrication, which include organic materials and other nonorganic wastes
which are not practically separable. Examples of this exemption include, but are not limited to,
things such as flower arrangements, decorated potted plants, wreaths, bouquets, garlands, and
small bedding flats.
D. Metal, plastic, rock, dirt, wire, fencing, weed barriers or other underlayment, bordering
materials, stone, brick, masonry, or other inorganic material. (Ord. 4829, 8-14-2006; amd. Ord.
4943, 6-15-2009; Ord. 5319, 11-23-2015)
4-4-2: GENERAL PROHIBITION:
It shall be unlawful for any person who, unless otherwise provided by law, or the context states
otherwise, shall mean an individual, corporation, limited liability company, government or
governmental subdivision or agency, business trust, estate, trust, partnership or association, or any
other legal entity, to trespass on the rights of another through the neglect of property by causing or
allowing litter, garbage or refuse to remain on the property, or to discard, abandon or cause such on
public property or another's private property. (Ord. 4034, 8-22-1994)
4-4-3: ADMINISTRATION AND ENFORCEMENT:
A. Enforcing Agency: The administration and enforcement of the provisions of this chapter shall be
the duty of the code enforcement officers. (Ord. 4443, 11-6-2000)
B.Reserved: (Rep. by Ord. 4482, 5-29-2001)
C. Administrative Order: Whenever the code enforcement officer determines that a public health
nuisance exists which requires immediate action to protect the public health, said official may issue
an order citing the existence of the public health nuisance and require that action be taken as he
deems necessary. The action required by said official shall depend upon, but not be limited to, the
nature of the condition, the danger to the public health which the condition presents, the condition or
deterioration of the premises or the time reasonably necessary to take the required action. If the
owner or occupant does not comply with the order within the time frame specified in said order, said
official may authorize the taking of the action specified in the order. Any costs incurred in abating the
public health nuisance may be assessed to the owner of the property personally, to the property, or
13
both. This remedy does not preclude the issuing of a citation or the applicability of section 4-4-14 of
this chapter for a violation of this chapter. (Ord. 4443, 11-6-2000)
4-4-4: RESPONSIBILITY OF OWNERS AND AGENTS:
The owners, agents, tenants or lessees of all residential units and commercial establishments shall
be jointly and severally responsible for compliance with this chapter.
A. Sidewalks, Alleys And Rights Of Way: All owners and occupants of property shall maintain their
property in a clean and litter free manner, including sidewalks, grass strips, one-half (1/2) of alleys,
curbs or rights of way up to the edge of the pavement of any public street.
B. Sweeping Into Sidewalks Or Streets: No person shall sweep into or deposit in any street or
sidewalk the accumulation of litter from any building or property.
C. Vehicle Contents: No person shall cause or allow to exist within a licensed or unlicensed vehicle
of any type an accumulation of litter, garbage or other refuse that constitutes a public health
nuisance, except for that portion of a vehicle that is specifically designed for the temporary holding of
such materials. (Ord. 5286, 6-1-2015)
4-4-5: Reserved.
(Rep. by Ord. 4482, 5-29-2001)
4-4-6: STORAGE REGULATIONS:
A. General: All accumulations of refuse and trash shall be stored or placed for collection in
accordance with the following provisions:
1. Public Streets And Private Property: No person shall place any refuse or trash in any street,
median strip, alley or other public place of travel, nor upon any private property except as stated
herein.
2. Blockage Of Storm Drains: No person shall place any refuse, trash, refuse receptacles or
containers on any storm drain or so close thereto as to be drawn by the elements into same.
(Ord. 2958, 3-17-1978)
3. Unauthorized Accumulations: Any unauthorized accumulation of garbage, refuse or yard waste
on any lot, property, premises, public street, alley or other public or private place is hereby
declared to be a public nuisance and is prohibited. Failure of the owner or occupant to remove
and correct any such unauthorized accumulation of refuse shall be deemed a violation of this
chapter. (Ord. 4034, 8-22-1994)
4. Junk: It shall be unlawful for any person to place or leave outside any building or dwelling any
dilapidated furniture, appliance, machinery, equipment, building material or other item which is
either in a wholly or partially rusted, wrecked, junked, dismantled or inoperative condition, and
which is not completely enclosed within a building or dwelling. Any such item or items which
remain on the property of the occupant for a period of ten (10) days after notice of violation of this
subsection shall be presumed to be abandoned and subject to being removed from the property
by the city without further notice. This does not preclude the code enforcement officer from
granting an extension to abate the violation after giving consideration to the totality of the
circumstances, including, but not limited to, the weather, feasibility of abatement within ten (10)
days of the notice, any past dealings with the violator and the type of items involved in the
violation. This shall not apply to authorized junk dealers or establishments engaged in the repair,
rebuilding, reconditioning or salvaging of equipment. (Ord. 4443, 11-6-2000)
14
5. Appliances: It shall be unlawful for any person to leave outside any building in a place
accessible to children any appliance, refrigerator or other container of any kind which has an
airtight snap lock or similar device, without first removing the lock or door from said appliance,
refrigerator or container. This provision shall not apply to any appliance, refrigerator or container
which has been placed on or adjacent to the rear of the building and is crated, strapped or locked
to such an extent that it is impossible for a child to obtain access to any airtight compartment
thereof.
B. Business Establishments: All business establishments shall store their refuse in containers as
specified herein so as to eliminate wind driven debris and unsightly litter in and about their
establishments. Approved methods of containerization include refuse receptacles, bulk containers
and detachable containers. The number of containers necessary for each business establishment
shall be as required to maintain clean, neat, sanitary premises as directed by the health department.
(Ord. 2958, 3-27-1978)
4-4-7: JUNK MOTOR VEHICLES:
A. Definitions:
ACTIVELY RESTORED: A vehicle is being actively restored when the owner of the vehicle or
premises on which the vehicle is located has, within the last sixty (60) days, spent at least ten (10)
hours of labor in the repairing, rebuilding or reconstruction of the motor vehicle for the purpose of
restoring it to running condition. The burden shall be on the owner to prove that it is being actively
restored, and such proof may include receipts for the purchase of parts and supplies during the last
sixty (60) days, which have been or are being installed in the vehicle.
CODE ENFORCEMENT OFFICER: The duly authorized person charged with enforcing the
provisions of this chapter and this code, as designated by superintendent of waste management
services.
ENCLOSED BUILDING: Any structure or portion thereof built for the enclosure of property
containing a roof and having exterior walls of the structure or portion thereof constructed in such a
manner as to obscure from any street or adjacent property the contents thereof.
JUNK MOTOR VEHICLE: Any unlicensed motor vehicle stored within the corporate limits of the city,
and/or which has any of the following characteristics:
1. The vehicle has become the habitat of rats, mice, snakes or any other vermin or insects.
2. The vehicle lacks an engine or one or more wheels or tires or other structural parts which
render said motor vehicle totally inoperable or unable to move under its own power.
3. The vehicle, because of its defective or obsolete condition, in any other way constitutes a
threat to the public health or safety.
SPECIAL INTEREST VEHICLE: Any vehicle, other than a utility trailer, commercial vehicle, or
recreational vehicle, which has been designed for, or modified for, personal hobbies such as track
racing, off road driving or other similar activities, and which cannot be licensed for highway use.
UNLICENSED VEHICLE: Any vehicle that is required to be licensed if it is operated on a public
street or highway, but which is not displaying a valid and current license. For the purposes of this
chapter, a valid current license shall not be required of a vehicle that is stored in a fully enclosed
structure. Vehicles registered with the treasurer's office as being "in storage" shall not constitute a
valid and current license and any such vehicle must be stored in a fully enclosed structure, except as
provided for a vehicle being actively restored.
15
VEHICLE: Every device in, upon or by which a person or property is or may be transported or drawn
upon a highway or street, excepting devices moved by human power or used exclusively upon
stationary rails or tracks, and shall include, without limitation, a motor vehicle, automobile, truck,
trailer, motorcycle, tractor, buggy, wagon, farm machinery or any combination thereof.
B. Nuisance Declared: Except as hereinafter provided, it is hereby declared that the unlawful storage
of a junk motor vehicle upon either public or private property within the corporate limits of the city
constitutes a threat to the health and safety of the citizens and is a nuisance. If any junk motor
vehicle is unlawfully stored upon private property in violation hereof, the owner of said vehicle and
the owner of the property shall be liable for said violation.
C. Notice Of Violation: Upon discovery of any junk motor vehicle stored upon private property within
the corporate limits of the city, the code enforcement officer shall notify the owner of the junk motor
vehicle, all lienholders, if they can be identified, and the owner of the property by one of the following
methods: 1) by delivering a copy of the notice to the individual personally; or 2) by serving, at the
individual's dwelling house or usual place of abode, any person residing therein who is at least
eighteen (18) years old; or 3) by serving the individual's spouse at a place other than the individual's
dwelling house or usual place of abode; or 4) by sending a copy thereof by certified mail, return
receipt requested; or 5) by sending a copy thereof by first class mail to the last known address of the
recipient and by posting a copy thereof in a conspicuous place at the subject property. If mailed,
then notice shall be deemed given when mailed. If notice by certified mail is returned undelivered by
the U.S. post office, action to abate the nuisance shall be continued to a date not less than ten (10)
days from the date the notice is returned. This notice shall contain the following information:
1. That the junk motor vehicle constitutes a nuisance under the provisions of this section;
2. A description, to the extent possible, of the year, make, model, color and location of the
vehicle;
3. That the owner of the junk motor vehicle and/or property owner must remove the junk motor
vehicle or correct the violation in accordance with this section;
4. That failure to comply with the provisions of this section within ten (10) days from the date of
mailing of notice, the owner of the junk motor vehicle and the property owner shall be liable for
the violation;
5. That the junk motor vehicle will be removed by the city and impounded at the owner's expense;
6. That if the junk motor vehicle is not redeemed within thirty (30) days after notice and
impoundment, and no hearing is requested pursuant to the provisions of subsection H of this
section, the owner of the junk motor vehicle, the property owner and the lienholders shall be
deemed to have abandoned the vehicle and shall no longer have any right, title, claim or interest
in or to the junk motor vehicle; and
7. That the persons to whom the notices are directed may request a hearing pursuant to the
provision of subsection H of this section.
D. Abatement: If the owner of the vehicle or the owner of the property upon which the junk motor
vehicle is located fails to remove or repair the vehicle in accordance with the terms of the provisions
of this section, the code enforcement officer shall abate such nuisance by causing the junk motor
vehicle to be removed and impounded and, unless the vehicle is redeemed, sold or disposed of as
specified herein, and the cost of abatement shall be charged to the owner of the junk motor vehicle
and/or the owner of the property.
E. Redemption Of Impounded Vehicle; Fees: Within thirty (30) days after the impoundment of any
junk motor vehicle under this section, the owner thereof may appear and claim the same on proof of
ownership and payment of an impoundment fee, and towing and storage charges, at which time the
vehicle shall be released. If at the end of thirty (30) days, no owner claims the junk motor vehicle in
16
the manner required by this subsection, the owner of the junk motor vehicle shall be deemed to have
abandoned the vehicle and shall no longer have any right, title, claim or interest in or to the junk
motor vehicle. During said period of impoundment, the impoundment facility upon which the junk
motor vehicle is being stored shall be responsible for the vehicle.
F. Duty Of Owner To Remove Or Repair: The owner of a junk motor vehicle or property owner who
violates the provisions of this section shall, within ten (10) days after receipt of the notice of violation,
remove the junk motor vehicle to one of the areas provided in subsection G of this section, or repair
the defects which caused such vehicle to violate the provisions of this section.
If a hearing is requested under subsection H of this section, the duty of the owner to remove or
repair the junk vehicle shall be suspended pending the decision.
G. Exceptions: The terms and provisions of this section shall not apply to:
1. Any person or any agent thereof that is duly licensed by the city, as a salvage yard operator in
full compliance with all of the ordinances of the city, and the laws of the state.
2. Any junk motor vehicle that is stored within an "enclosed building" as defined in this section.
3. Businesses or operators of businesses engaged in the towing, repairing or storing of junk
motor vehicles, motor vehicles, construction or heavy industrial equipment or machinery, if the
business is otherwise in full compliance with all ordinances of the city and the laws of the state.
4. Any junk vehicle that is either an antique (1972 model year or older) that is being actively
restored or an operable special interest vehicle, or a special interest vehicle that is being actively
restored, and in any case when stored in a rear or side yard and fully enclosed behind a solid
fence at least six feet (6') in height that completely obscures a view of the vehicle from adjacent
public or private property. None of the exceptions set forth in this subsection shall exempt a junk
vehicle stored on a trailer, regardless of whether the trailer is licensed and operable, unless
stored within an enclosed building.
H. Hearing:
1. Any person ordered to abate a nuisance or condition may request a hearing before a
committee of the city council appointed by the mayor, or an official of the city designated by the
committee of 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 and the code
enforcement officer 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 clerk shall, within fifteen (15) days after the filing of the request for hearing, fix the time
and place of hearing, which shall be within thirty (30) days of the filing of the request.
4. At the conclusion of the hearing, the committee of 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. This decision shall be final.
I. Prima Facie Presumption: In any proceeding charging a violation of this section, proof that the
particular vehicle described in the information was stored in violation of this section, together with
proof that the defendant named in the information was the registered owner of the vehicle or the
17
owner of the property on which said junk motor vehicle was unlawfully stored at the time of the
alleged violation, shall constitute prima facie presumption that the registered vehicle owner and/or
the property owner was the person violating this section or allowing the violation to occur.
J. Penalty: Any person violating this section or any provisions thereof, or who fails to comply with
any order of the code enforcement officer or who interferes with or obstructs the code enforcement
officer in his investigation shall be guilty of a simple misdemeanor and upon conviction thereof may
be fined as provided in the general penalty in section 1-3-1 of this code. Each day that a violation
occurs constitutes a separate offense.
K. Municipal Infraction: Violation of the provisions of this section may also be considered a municipal
infraction, as provided in section 1-3-2 of of this code. (Ord. 5286, 6-1-2015)
4-4-8: PARKING LOTS:
A. Obligation To Furnish Receptacles: All parking lots and establishments with parking lots shall
provide refuse receptacles distributed within the parking area. The health department shall have the
authority to determine the number of receptacles necessary to provide proper containerization. It
shall be the responsibility of the owner or the manager of the parking lot to collect the refuse and
trash deposited in such containers so as to avoid spillage and overflow and store this material in an
approved location as hereinabove defined.
B. Obligation To Use Receptacles: It shall be the obligation of all persons using parking areas to use
such refuse receptacles or containers as hereinabove provided for the purposes intended; and it
shall be unlawful for any person or persons to dump, scatter or throw upon any such parking lot any
refuse, garbage or trash of any kind. (Ord. 4034, 8-22-1994)
4-4-9: CONSTRUCTION AND DEMOLITION SITES:
All construction and demolition contractors shall provide such on site refuse receptacles, bulk
containers or detachable containers for loose debris, paper, building material waste, scrap building
materials and other trash produced by those working on the site as the health department and the
building inspection department shall determine necessary to provide proper containerization. Any
construction or demolition site shall be kept in reasonably clean and litter free condition. Dirt, mud,
construction materials or other debris deposited upon any public or private property as a result of
construction or demolition shall be immediately removed by the contractor. In addition to any other
remedy, code enforcement and the departments of health and building inspection are hereby
empowered to issue a civil citation to a violator of this section, and in said citation shall assess a
penalty of fifty dollars ($50.00). Each day during which such violation shall occur shall constitute a
separate and distinct offense. (Ord. 4034, 8-22-1994)
4-4-10: Reserved.
4-4-11: PROHIBITED ACTS AND CONDITIONS:
A. Scattering Of Refuse And Litter: It shall be unlawful for any person to:
1. Scatter refuse, garbage or yard waste about or litter any public or private street or area or
place;
2. Cast, throw, place, sweep or deposit anywhere within the city any refuse, trash, garbage or
yard waste in such a manner that it may be carried or deposited by the elements upon any street,
sidewalk, alley, sewer, parkway or other public place or into any occupied or unoccupied
premises within the city;
18
3. Throw or deposit any refuse, garbage, yard waste or debris in any stream or body of water.
Any person violating the provisions of this subsection A may be subject to a fine of up to five
hundred dollars ($500.00) for a first offense, and up to seven hundred fifty dollars ($750.00) for
any subsequent offense. (Ord. 4342, 2-22-1999)
B. Sunken Receptacles: Refuse contained in sunken or underground receptacles will not be
collected by the city. (Ord. 2958, 3-27-1978; amd. Ord. 4034, 8-22-1994)
4-4-12:Reserved:
(Rep. by Ord. 4540, 2-25-2002)
4-4-13: NOTICE OF VIOLATION:
Notice of a violation of this chapter or to abate the violation may be by personal service, certified
mail, or by a dated and signed placard which is posted in a conspicuous place on each parcel of
property found to be in violation of this chapter, stating that the property is in violation of this chapter
and that failure of the owner or occupant to abate the violation within ten (10) days of the date on the
placard may result in the city's abating the violation and assessing the costs and any administrative
fees to the property, to the property owner, or both. In addition to the placard, a notice of violation
shall be sent by regular mail to the owner of record as maintained by the county assessor. The ten
(10) day abatement period shall be from the date of personal service, date of receipt of the certified
mail, or date of posting of the placard. If the notice concerns a violation of subsection 4-4-4C of this
chapter, the city may abate the violation by impounding the vehicle, and the owner may recover the
vehicle upon satisfactory cleanout of the vehicle by the owner and payment of all applicable fines,
fees and costs of towing and impoundment. If no owner claims the vehicle within thirty (30) days
after notice and impoundment, the owner shall no longer have any right, title, claim or interest in or
to the vehicle and its contents, and the vehicle may be disposed of as provided by Iowa law
governing abandoned vehicles, currently codified at section 321.89 of the code of Iowa. During the
period of impoundment, the impoundment facility at which the vehicle is being stored shall be
responsible for the vehicle. (Ord. 5286, 6-1-2015)
4-4-14: VIOLATION; PENALTY:
Any person violating or failing, refusing or neglecting to comply with any provisions or requirements
of any section or subsection of this chapter, with the exception of subsection 4-4-°1 to of this chapter,
in addition to any other remedy, shall be guilty of a municipal infraction and subject to the fines set
out in subsection 1 -3-2C of this code, in addition to all of the remedies available under Iowa Code
364.22, including, but not limited to, ordering the defendant to abate or cease the violation,
authorizing the city to abate or correct the violation and ordering that the city's costs for abatement or
correction of the violation be entered as a personal judgment against the defendant and/or assessed
against the property where the violation occurred, or both. (Ord. 4423, 6-26-2000; amd. 2001 Code)
19
Fee Schedule
Garbage, Yard Waste and Recycling Services
Basic services
• Garbage
o 32-gallon container
o 64-gallon container
o 96-gallon container
$10.00 per month
$11.75 per month
$17.75 per month
• Voluntary Curbside Collection of Recycling and/or Yard Waste
o $4.00 per month
• Required Satellite Sites for Recycling and Yard Waste
o $5.00 per month for both
Additional services
• Extra Garbage
o $1.00 for additional 30-gallon plastic bag (limit one per week)
• Bulk Items
o Up to 10 listed items $10.00
o Additional fees for special items:
■ Freon -containing items $12.00 each
■ Washer, dryer, dishwasher, furnace,
range, microwave oven, oven/stove,
thermostat, water heater $4.00 each
■ Auto/pickup tires $3.00 each (limit 4)
■ Truck/semi tires $6.00 each (limit 2)
■ Other small vehicle tires $3.00 each (limit 2)
Transaction fees
• Return visit to collect because container not accessible
or out $20.00
• Replacement of container damaged by customer, at
cost of container, plus $20.00 delivery fee
• Delivery of new container (after first delivery) or
removal or exchange of container, for reasons other
than damage or loss caused by customer $20.00
• Repair or replacement of damaged containers not
caused by customer Free
Chapter 3
SOLID WASTE COLLECTION AND DISPOSAL
4-3-1: DEFINITIONS:
BUSINESS: Each separate establishment for carrying on a gainful occupation.
DWELLING UNITS: Each household unit occupied by a single family.
GARBAGE: All solid and semisolid putrescible animal, grain, fruit, or vegetable wastes
resulting from the handling, preparing, cooking, storing, serving, and consuming of food or of
material intended for use as food.
HAZARDOUS MATERIALS: Any hazardous waste or hazardous substance regulated by
article C of this chapter.
HEALTH DEPARTMENT: Black Hawk County health department, the agency authorized to
act for the city of Waterloo.
MULTIPLE DWELLING: A building or complex consisting of more than four (4) dwelling
units.
PERSON: Each individual, firm, corporation, partnership or other entity, or any employee or
agent thereof.
PREMISES: The property occupied by a separate family or business unit, whether or not the
same be separately owned.
REFUSE: Putrescible and nonputrescible solid and semisolid wastes that are not
"hazardous materials", "garbage", or "yard waste" as defined in this section, including, but
not limited to, trash, rubbish, paper, cardboard, wood that is not yard waste, metal, glass,
ashes, incinerator ash or residue, street cleanings, market and industrial solid wastes, and
building materials.
YARD WASTE: Vegetative wastes resulting from the care and maintenance of residential
yards, flowerbeds, and gardens, including, but not limited to, grass clippings, leaves, tree
limbs, bark, garden waste, brush and small twigs, and branches not exceeding two and one-
half inches (2h/2") in diameter and three and one-half feet (31/2') in length. Yard waste shall
not include the following:
A. Tree stumps, tree roots, trunks, logs, and branches that are more than two and one-
half inches (21/2") in diameter or three and one-half feet (31/2') in length.
B. Material meeting the definition of "garbage" or "refuse" as provided in this section.
C. Flower and decorative products manufactured or fabricated, or the waste byproducts
incidental to their manufacture or fabrication, which include organic materials and other
nonorganic wastes which are not practically separable. Examples of this exemption
include, but are not limited to, things such as flower arrangements, decorated potted
plants, wreaths, bouquets, garlands, and small bedding flats.
D. Metal, plastic, rock, dirt, wire, fencing, weed barriers or other underlayment, bordering
materials, stone, brick, masonry, or other inorganic material. (Ord. 4829, 8-14-2006;
amd. Ord. 5075, 9-19-2011)
4-3-2: ADMINISTRATION:
A. Oversight: The public works department shall have the duty and responsibility of
overseeing the collection of garbage, refuse and yard waste within the corporate limits of
the city and see that all garbage, refuse and yard waste is disposed of in a sanitary
manner, whether by the city, by contracted entities or by private persons, in order to
protect the health of the citizens thereof.
B. Collection: The city council shall, from time to time by resolution, provide such other
policies, rules and regulations in addition to the provisions of this chapter as may be
deemed necessary for the collection of garbage, refuse, and yard waste by and in the
city. (Ord. 5203, 3-3-2014)
4-3-3: RESERVED:
(Ord. 5203, 3-3-2014)
4-3-4: DISPOSAL SERVICES PROVIDED; EXCEPTIONS:
The city shall provide garbage, refuse and yard waste disposal service to every premises
within the corporate limits of the city, with the following exceptions:
A. Business establishments shall have a private licensed collector remove garbage and
refuse, unless the establishment has first secured a low volume exemption from the
waste management services department upon a showing that the garbage and refuse
disposed of by the establishment can be accommodated by weekly disposal service
provided by the city. A business establishment approved for an exemption shall otherwise
comply with the requirements of this chapter.
B. Multiple dwellings shall have a private licensed collector remove such garbage and
refuse.
C. Hazardous materials shall not be accepted for disposal by the city or private haulers
licensed under this chapter. (Ord. 4943, 6-15-2009)
4-3-5: COLLECTION RULES AND REGULATIONS:
A. Containers: The specific requirements for the number and type of containers, placement
of items for collection, size of containers, weight of containers or items placed out for
collection, etc., shall be as set forth in the administrative policy, organization and
procedures prepared by the director of public works and adopted by resolution of the city
council.
B. Containers Required: It shall be required of every person in possession, charge or control
of any place in or from which building materials, business trash, garbage, household
trash, industrial waste, tree and shrubbery trimmings and yard trash is accumulated or
produced to provide and at all times to keep in a suitable place, adequate and suitable
receptacles and containers capable of holding all such waste materials which would
ordinarily accumulate between the times of successive collections. The departments of
public works and/or health are designated as the agencies to determine the quantity and
location of said receptacles and to determine whether said receptacles and containers
are serviceable.
C. Container Construction And Design: All receptacles and containers as required herein
shall be of safe construction and design and shall be maintained in good and serviceable
condition at all times. Any receptacles or containers which do not conform to the
provisions of this chapter or which have ragged or sharp edges or any other defects likely
to hamper or injure the person collecting the contents thereof, or public, shall be promptly
replaced upon notice. If said containers, after proper notice, have not been replaced, the
departments of public works and/or health shall have the authority to order their
replacement. (Ord. 5203, 3-3-2014)
D. Loading And Unloading Areas: All loading and unloading areas shall be provided with
refuse receptacles for loose debris, paper, packaging materials and other trash. The
number of containers necessary for each area shall be as required to maintain clean,
neat and sanitary premises as directed by the department of health. (Ord. 4482, 5-29-
2001)
E. Points Of Collection: Refuse containers shall be placed for collection at ground level on
the property and with access without the need for walking or carrying a refuse container
over, under or around some yard or property obstacle. No refuse shall be collected where
refuse containers cannot be reached by collection personnel without unlocking or
opening a door, gate or any similar obstacle, encountering a dog, or otherwise being
denied reasonable access by parked vehicles, yard tools and equipment, or other similar
objects. No refuse receptacles or containers shall be stored in front of a home or in front
of the building line closest to the street. The departments of public works and/or health
shall have the authority to determine the proper receptacle or container location on
private property. (Ord. 5203, 3-3-2014)
F. Yard Wastes:
1. Yard waste shall be separated from all other wastes by the owner, occupant or agent
of all premises in the city. Specific requirements for disposal shall be as set forth in this
chapter and the administrative policies referred to in subsection A of this section.
2. Yard waste shall be disposed of in containers provided by the city specifically for that
purpose. Disposal of yard waste for city pick up in other containers shall be prohibited.
(Ord. 4482, 5-29-2001)
G. Authorized Collectors: No person other than the agents of the city or persons so
authorized by it pursuant to article A of this chapter shall collect or transport garbage,
refuse or yard waste through or upon the streets or alleys of the city. (Ord. 5075, 9-19-
2011)
H. Securing Accumulations; Removal Of Same By Private Collectors: Any multiple dwelling
and any business shall have garbage and refuse collected by a private licensed collector
and may have yard waste hauled by a private licensed collector. This shall not preclude
the provisions of subsection F1 of this section. All containers for collection of the garbage
and refuse of any multiple dwelling or any business shall be securely fastened in a
closed position at all times, except when the container is opened for depositing additional
accumulations or when the container is being emptied by a private licensed collector. No
person other than the owner of the premises, its authorized agents, or a private licensed
collector may remove garbage or refuse from any container intended for collection of
same. (Ord. 4943, 6-15-2009)
I. Disposition Areas Established By City Council: Disposition of garbage, refuse, and yard
waste shall be in areas designated by the council. Disposition of solid construction rubble
such as concrete, brick, stone, sand or dirt, shall be in areas approved by the city as set
forth in article B of this chapter. (Ord. 4482, 5-29-2001)
J. Vehicle Requirements: Any person, including, but not limited to, employees or contractors
of the city, hauling trash, refuse, garbage, offal or other offensive substances in a vehicle
of any kind over the streets of the city, shall equip the vehicle with a metal or canvas
cover and shall keep such cover over the load carrying portion of the vehicle at all times,
as necessary to prevent material from escaping. The cover shall be of sufficient size to
fully cover any refuse being carried in the vehicle and to keep the refuse in place on such
vehicle. The vehicle shall be so constructed that no drippings or seepings from any
refuse carried therein can escape from the vehicle. If any of the material falls off or blows
off or out of the vehicle, the person hauling the same shall promptly clean up all of such
materials. (Ord. 5203, 3-3-2014)
4-3-6: FEES FOR SERVICE:
A. Fees Established: The expense of garbage and refuse collection and disposal and related
solid waste services as determined by the city council shall become a charge against the
owner or occupant of every dwelling unit to whom service is made available.
The amount of the fee for this service shall be in two (2) parts.
1. Disposal Of Garbage: The first part shall be for a fixed sum per month which shall be
charged to all dwelling units and shall entitle each dwelling unit to dispose of one
standard garbage container per week on an automated garbage route as follows:
Container Size
32 gallon cart
65 gallon cart
95 gallon cart
Cost Per Month
$ 9.00
10.50
15.50
A fee shall be charged for one additional thirty (30) gallon plastic bag placed upon the lid of
the garbage cart per week. The fee shall be collected by requiring the purchase of a tag that
must be affixed to the plastic bag placed out for disposal. The fee or charge for this tag shall
be one dollar ($1.00).
2. Recyclable Refuse Or Yard Waste: The second part consists of a fixed sum per month
which shall be charged to each participating dwelling unit and shall entitle each
aforementioned dwelling unit to dispose of a standard ninety five (95) gallon
container/cart of either recyclable refuse or yard waste, depending upon the scheduled
collection for a particular week. The fee shall be for a fixed sum per month which shall
be charged to all dwelling units as follows:
Basic service fee
Expanded service fee
$3.00 per month
6.10 per month
a. Basic Service: The basic voluntary curbside automated yard waste/recycling service
consists of two (2) services:
(1) Recyclable Collection: Recyclables shall be collected thirteen (13) weeks per
year, one week each month except December when there will be two (2)
collections with one collection between Christmas and New Year's Day to
accommodate accumulated packing materials.
(2) Yard Waste Collection: Yard waste shall be collected from mid April through
November each year. The basic service shall collect yard waste from mid April
through May all weeks but those weeks scheduled for recyclables, one week each
month June through September as scheduled, and every week but scheduled
recyclable weeks for October and November. There is no yard waste collection
December through March. Schedules shall be mailed to voluntary subscribers
each December for the next year's service.
b. Expanded Voluntary Curbside Automated Yard Waste Recyclable Service: This
service is the same scheduled collection as the basic program except that all other
weeks during June, July, August and September, other than recyclable weeks, yard
waste shall be collected. (Ord. 4687, 4-19-2004)
3. Bulk Item Collection Services: Large, bulky refuse items, such as tires, appliances,
furniture, bedding, etc., can be scheduled for city collection at curbside on a specific
work order form available at the public works department. No yard waste, hazardous
waste or garbage shall be collected. The fee or charge for this service is ten dollars
($10.00) per scheduled collection up to ten (10) listed items. (Ord. 5203, 3-3-2014)
Special environmentally restricted waste bulk items: Refrigerator, freezer, air
conditioner, tires, etc., must be disposed of by the city at a state licensed
decertification business or a licensed tire recycling business. Tags must be purchased
from the city for those items to be picked up by the city.
The fee schedule for restricted items is as follows:
Air conditioner
Automobile tire/pickup truck
Bicycle, motorcycle, ATV and riding lawn mower tire
$12.00
3.00
3.00
- 1 tag
- 1 tag up to 2 tires
Clothes dryer
4.00
1
Clothes washer
Dehumidifier
Dishwasher
Freezer
4.00
12.00
4.00
12.00
II
II
Furnace 11
4.00
Kitchen range
4.00
Large truck, semitractor tire
6.00
- 2 tags
Microwave oven
4.00
Oven/stove
4.00
Refrigerator
12.00
Thermostat
4.00
Water heater
4.00
(Ord. 4687, 4-19-2004)
B. Exemptions: An individual may be granted an exemption to the fees and costs set forth in
subsection A of this section by annually making application to the city clerk and by
meeting criteria established by the finance committee of the city council. The exemption
shall be on a calendar year basis.
C. Delinquent Charges: There shall be assessed a penalty of five percent (5%) if the bill for
garbage and refuse service is not paid at the time indicated on the bill.
D. Change In Fees: The city may change and adjust the garbage and refuse service fee,
from time to time, as it becomes necessary to be sufficient in each year for the payment
of expenses or operation and for repair, maintenance and replacement of garbage and
refuse equipment. (Ord. 4129, 9-18-1995)
E. Collection Of Fees:
1. The municipal waterworks office is hereby authorized and directed to render and
collect fees or service charges for garbage and refuse service in accordance with the
fees established in subsection A of this section. The charge shall be collected with the
consumer's regular monthly and/or quarterly water and sewer bill, and shall be shown
as a separate item on the bill. The owner or manager of a dwelling unit who provides
and pays for the water and sewer consumption charges of his tenants shall also be
responsible and pay for the garbage and refuse service charges of his tenants.
Collection policies shall be the same as the other city utility services.
When a fee is six (6) months delinquent, the unpaid fee for city garbage and refuse
service shall be assessed against the property benefited, as provided for under Iowa
Code section 384.84(3). Amounts collected for the garbage and refuse service shall be
deposited with the city. (Ord. 4640, 9-2-2003)
2. It shall be at the discretion of the Waterloo waterworks to decide on vacancies and
partial use of dwelling units in connection with monthly and/or quarterly billing amounts
pertaining to garbage and refuse collections. (Ord. 3705, 4-2-1990; amd. 2001 Code)
4-3-7: PROHIBITED ACTS AND CONDITIONS:
A. Disposal On Public Property: It shall be unlawful for any person to deposit any garbage,
refuse and yard waste in any location within the city unless such refuse be deposited as
provided in this chapter.
B. Unlawful To Permit Hazardous Accumulations: It shall be unlawful for any person to
permit accumulation on any premises, improved or vacant, or any public place in the city,
of any quantities of garbage, refuse or yard waste, whether in containers or not, that
shall, in the opinion of the department of health or code enforcement, constitute a health
or sanitation hazard or nuisance. Any quantity of garbage, refuse or yard waste in a
container that exceeds the capacity of the container when closed shall be deemed a
nuisance and shall be subject to abatement as provided in this chapter.
C. Rubbish And Trash Near Buildings:
1 Accumulation And Burning: Any person who shall throw, deposit or place in or about
any building or cellar or in or upon any street or alley or allow to remain in such
building or cellar or upon any such street or alley, any boxes, paper, garbage, refuse,
yard waste or other rubbish of any kind or character whatsoever, shall be deemed
guilty of an offense. Boxes, papers, garbage, refuse, yard waste, or other rubbish
which has been thrown, deposited or placed in or about any building or cellar, street, or
alley in the city, or which has accumulated in such places, including such waste
materials as are placed in a container and exceed the capacity of the container when
closed, shall be deemed a nuisance and may be abated. All open burning of garbage,
refuse and yard waste shall be prohibited.
2. Burning Tires: Any tire fires on any property shall be presumed to be set by the
property owner, or if said property owner does not reside there, the occupant of the
property. It shall be the sole responsibility of the property owner or occupant to report
who was responsible for the fire if said fire was not set by said owner or occupant.
(Ord. 4943, 6-15-2009)
4-3-8: SPECIAL EXCEPTIONS TO BURNING BAN:
A. The city, in burning trees, tree trimmings, or the like generated by the forestry department,
street department, or other city departments in their normal course of work or resulting
from a natural disaster declared as such by the city council, shall not be subject to the
burning ban stated in subsection 4-3-7C1 of this chapter. For purposes of this
subsection, "trees" means all parts of a tree or shrub, including, but not limited to, trunks,
limbs, branches, stumps, and roots or root masses. (Ord. 4829, 8-14-2006)
B. The city council shall have the authority, consistent with this section, to grant exceptions
to the ban on open burning and to allow the burning of certain vegetative matter and solid
wastes under special limited conditions. An application for exception must be filed with
the city clerk's office, reviewed by the fire department (which may consult with the leisure
services and public works departments when appropriate), and forwarded to the city
council for approval. An exception may be granted in cases when burning of native
vegetation is a recognized management technique. (Ord. 5203, 3-3-2014)
C. Said application must contain the following information and any other information deemed
appropriate by the city:
1. Name of applicant;
2. Address and telephone number of applicant;
3. Location and size of area to be burned;
4. Dates and times of burning;
5. Description of vegetation;
6. Description of management technique; and
7. Containment procedures.
A fee of fifty dollars ($50.00) must be filed with the application. In addition to the
application fee, the fire department shall charge for standby services and
extinguishment of intentionally set fires as contained in section 9-2A-12 of this code.
D. The fire department will determine for each exception whether:
1. Atmospheric conditions are proper to allow the burning;
2. Applicable provisions of state law or regulation are complied with; and
3. Standby vehicles are needed to ensure the safety of life and property adjacent to the
site.
E. Any individual who claims to be adversely affected by allowance of the exception may file
a statement with the city clerk containing information to support the claim. If the city
council finds that sufficient controversy exists regarding such application, a public
hearing may be held.
F. In determining whether to grant or deny the application, the city council shall balance the
following: hardship to the applicant, the community and other persons resulting from the
denial of the exception against the adverse impact on the health, safety and welfare of
persons affected, the adverse impact on property affected, and any other adverse
impacts of granting the exception. Applicants for exceptions and persons contesting
exceptions may be required to submit any information/document reasonably required by
the city council. In granting or denying an application, the city council shall place on
public file a copy of the decision and the reasons for denying or granting the exception.
G. Exceptions shall be granted by notice to the applicant containing all necessary conditions,
including a time limit on the permitted activity. Any exception shall not become effective
until all conditions are agreed to in writing by the applicant. Noncompliance with any
condition of the exception may result in termination of the grant of exception.
H. Applications for exceptions shall be treated as an application for an initial exception.
I. Exceptions must be filed for each occurrence.
J. Appeals of an adverse decision of the city council shall be made to the district court in and
for Black Hawk County. Review of the court shall be de novo limited to whether or not the
decision is supported by substantial evidence. (Ord. 4829, 8-14-2006)
4-3-9: VIOLATION; PENALTY:
Persons violating the provisions of this chapter shall be guilty of a municipal infraction and
upon conviction thereof shall be punished in accordance with the provisions of subsection 1-
3-2C of this code. (Ord. 4441, 10-16-2000)
4-3-10: NOTICE REGARDING NUISANCE:
A. Upon receipt of a complaint or observation by code enforcement or by the public works
director or his/her designee of a violation of this chapter, a notice shall be issued to the
property owner (as shown by the official records of Black Hawk County), agent, and/or
person in possession of said property, describing the nuisance or hazard on said
property. The first such notice issued in any calendar year shall demand abatement of
the nuisance within seven (7) days from the date of service as evidenced on the return,
or if by certified mail, from the date of mailing. Any subsequent notices issued in the
same calendar year shall demand abatement within one day from the date of personal
service or mailing as stated above. Failure of the owner to abate the nuisance may result
in the city's abating it and assessing all costs associated therewith against the affected
property. Costs associated with abating a nuisance include, but are not limited to, landfill
fees, mileage reimbursement at the standard IRS business rate use then in effect, and
the hourly rate of truck operator time (minimum 1 hour) as determined by the public
works committee of the city council from time to time.
B. Notice required herein shall be made by certified mail or by the issuing officer by personal
service as provided by applicable law, stating that the property is in violation of this
chapter and that failure of the owner, agent, and/or person in possession of said property
to abate the nuisance within the time frame set forth herein may result in the city's
abating the nuisance and assessing costs of said action against the property. If the public
works director or his/her designee, code enforcement, or the fire or health departments
declare the nuisance to be an emergency, the city may perform any action required to
abate the nuisance without prior notice, and assess any and all costs of said action to the
property as provided herein. An "emergency" shall be any act or omission of the property
owner, agent, and/or person in possession which constitutes a health, safety, or fire
hazard to anyone. (Ord. 5203, 3-3-2014)
4-3-11: PAYMENT, ASSESSMENT OF COSTS, APPEAL:
A. Fees And Charges: Upon completion of the abatement of a hazard or nuisance as
provided for herein, the city clerk shall demand payment for the costs of such abatement
from the property owner by mailing a statement of the fee to the last known address of
the owner and/or person in possession as shown by the records of the county. Notice
shall be by ordinary mail. Said statement shall be due and payable upon mailing and
shall become delinquent if not paid within ten (10) days of date of mailing the notice. Any
delinquent fees and charges may be assessed against the property for collection in the
same manner as a property tax, as provided in state law.
B. Abatements At The Same Address: If the city is required to abate another hazard or
nuisance at the same street address in the same calendar year, an administrative fee of
one hundred dollars ($100.00) will be charged to the property owner in addition to the
actual cost of abatement. For each and every subsequent abatement for the same street
address in the same calendar year, the administrative fee will increase by an additional
one hundred dollars ($100.00), up to a maximum administrative fee of five hundred
dollars ($500.00) per abatement.
C. Appeal: A property owner in receipt of a statement of fees and charges for an abatement
who contests the statement may file a written appeal with the city clerk within ten (10)
days of the postmarked date of the statement. An administrative filing fee of fifty dollars
($50.00) must be paid when the appeal is filed. Failure to file the appeal and pay the
administrative filing fee within said ten (10) days shall constitute a waiver of the right to a
hearing, and the statement of fees and charges shall thereupon become final. Hearing on
the appeal before the city council or its designated committee shall be scheduled for a
date within thirty (30) days of filing the appeal and shall be scheduled for no more than
thirty (30) minutes in length, or such additional time as the city council or committee in its
discretion may deem necessary. If the appellant desires additional time, he or she must
make application to the city council or committee at least seven (7) days prior to the
hearing date. The appeal hearing shall be simple and informal, without regard to
technicalities of procedure or rules regarding admissibility of evidence. The city council or
committee may consider any evidence it considers credible, including testimony of city
employees, written summaries and other secondary sources, and give such weight to the
evidence as it considers warranted. After such hearing, the city council or committee
shall determine whether the amount of the assessment should be affirmed, reduced, or
waived. Such determination shall be contained in a written decision and shall be filed
with the city clerk within ten (10) days after the hearing, or any continued session thereof.
In the event the assessment is waived by over half, the administrative filing fee for the
appeal will be refunded to the appellant. (Ord. 4943, 6-15-2009)
ARTICLE A. PRIVATE COLLECTORS AND
HAULERS
4-3A-1: COLLECTORS AUTHORIZED:
All who use private collectors for the hauling of garbage, refuse and yard waste shall use
only collectors licensed by the city as provided in this article. (Ord. 3705, 4-2-1990)
4-3A-2: PERMIT REQUIRED; INSPECTION FEE:
A. No person shall engage in the business of collecting and hauling garbage, refuse or yard
waste in the city without first obtaining a permit from the city. The permit shall be issued
when the equipment for hauling garbage, refuse or yard waste shall meet the
requirements of this article, such equipment shall have been inspected and an inspection
fee paid to the city. The inspection fee shall be fifty dollars ($50.00) per vehicle per year.
The license shall be valid for one year unless sooner revoked as provided in this article.
All licenses are due May 1 of each year.
B. An application for a permit shall be filed with the health department and shall contain the
following information:
1. The name and address of the applicant;
2. The vehicle to be used;
3. General information concerning the routes to be traveled and places to be served.
C. No permit issued pursuant to this article shall be transferable from one person to another,
or from one vehicle to another. (Ord. 3705, 4-2-1990)
4-3A-3: VEHICLE REQUIREMENTS:
No permit shall be issued or renewed unless the vehicles to be used have been inspected
by the health department. The vehicles must meet the following requirements:
A. Construction of the vehicles shall be such that rubbish or bulk material loaded therein or
transported thereby shall be securely contained. Trucks with open sides, such as a stake
body truck must have some type of paneling installed on the interior of the stakes to
prevent the loss of any rubbish or bulk material. Plywood or hardboard may be used to
line the interior; however, large sections of cardboard will not be acceptable.
B. All vehicles shall be equipped with a permanently attached covering over the bed of the
vehicle, or with a suitable tarpaulin. The tarpaulin must be constructed in such a manner
so that both sides and the end of the tarpaulin can be securely tied down or loaded to
prevent the rubbish or bulk material from being blown or allowed to escape.
C. All vehicles other than stake body types must be equipped with a tailgate of rigid
construction of at least one and one-half feet (1 1/2') in height which, when closed shall
securely hold and contain all rubbish and bulk material. Acceptable paneling as indicated
above may be used in lieu of the tailgate only on stake body vehicles.
D. Any compaction type vehicle must be equipped with a tight fitting tarpaulin or other means
to prevent rubbish or other material from being blown or allowed to escape from the
hopper area.
E. All vehicles inspected and licensed under this section shall prominently display the permit
number on the upper or lower left corner of the windshield of the vehicle upon a decal to
be furnished by the health department. (Ord. 3705, 4-2-1990)
4-3A-4: RULES AND REGULATIONS:
A. Transporting Waste Materials: No person shall haul, transport or otherwise convey any
garbage, rubbish, trash, waste, building material, tree or shrubbery branches or limbs, or
any other waste material within the city unless the same is contained in covered
receptacles or is otherwise secured either to or within the vehicle so that such material
does not fall off or blow off or out of the vehicle hauling the same. In the event any of the
material falls off, blows off or out of the vehicle, the person hauling the same shall clean
up all of the waste material.
B. Dumping In Authorized Places: It shall be unlawful for any person to use any lot, open
space, street or roadway in the city instead of the location provided for and established
by the city council, for the dumping or depositing of dead animal matter, garbage matter,
and offensive materials and substances, and other refuse, rubbish or yard waste.
C. Penalty: Any person who shall violate this section or any part thereof shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be punished as provided in
section 1-3-1 of this code. (Ord. 3705, 4-2-1990)
4-3A-5: REVOCATION OF PERMIT:
Persons licensed in accordance with the provisions of this article who fail or refuse to gather
and carry away, in covered receptacles, any deposit of garbage, refuse or yard waste in the
proper manner from any place where the same is deposited for removal by them, may have
their license revoked by the city council after a hearing before the city council. The licensee
shall have at least five (5) days' notice prior to the hearing, and an opportunity to appear and
be heard. (Ord. 3705, 4-2-1990)
ARTICLE B. RUBBLE SITES
4-3B-1: DEFINITIONS:
For the purpose of this article, the following words and phrases are defined and shall be
construed to mean, unless the context in which they are used clearly indicates an intent to
the contrary, as follows:
FILL OR FILLING: The act of placing, setting down or depositing rubble on land for the
purpose of, or which has the resultant effect of, changing the existing contour or raising the
elevation of said land.
PERSON: Includes any person, firm, corporation or partnership.
RUBBLE: Dirt, stone, brick or similar inorganic material.
RUBBLE PERMIT: A permit to engage in the act of filling on a specified parcel of land. (Ord.
3541, 4-4-1988)
4-3B-2: PERMIT REQUIRED:
A. No person shall fill upon any lot, tract or parcel of land unless he shall first obtain a rubble
permit and post a suitable bond as provided herein.
B. All rubble permits shall be issued by the health department upon application being duly
approved. Said application shall be signed by the owner of the premises, together with
the person applying for the permit if he be other than the owner. The application shall
also include a plat or site plan including, but not limited to, the legal description of the
property and existing and proposed final ground elevations. The application shall also
include an estimate of the number of cubic yards necessary to fill said land to
approximately the grade of terrain bounding the area to be filled. The owner shall allow
city personnel, or the city's designated representatives, access to the property for
purposes of reviewing the physical features of the site for the approval of rubble site
applications or renewals. The permit shall run for a period of one year and shall be
subject to renewal. The health department shall have the right to revoke such permit at
any time within the year or refuse to renew the permit if, in its judgment, the permittee is
depositing or permitting or causing to be deposited any materials on said premises other
than rubble, or has failed or refused to comply with any of the regulations set forth in this
section.
C. There shall be submitted with the application a permit fee of fifty dollars ($50.00) and a
cash bond or surety bond executed by a surety company licensed to do business in
Iowa, in the sum of not less than ten thousand dollars ($10,000.00), to secure the city
against damages and expenses which it may incur in the correction of conditions in said
applicant's operations. The bond shall be approved by the city council prior to the
issuance of said permit.
D. If a rubble permit is sought for any fill activity located within the flood plain, prior approval
and certification must be obtained from the Iowa Department of Natural Resources. Said
certification must accompany the application and bond. (Ord. 3541, 4-4-1988)
4-3B-3: FILLING REGULATIONS:
Every person who shall fill upon any lot, tract or parcel of land shall fill such land as evenly
as possible and at the end of such filling shall level and grade such fill and shall see to it that
the top sixteen inches (16") thereof shall be of soil, free from broken concrete and relatively
free from debris, and that the upper four inches (4") thereof shall be kept free from dust and
erosion due to water and wind at all times during and after the filling operations; and after
filling, the permit holder or owner shall establish and maintain vegetative cover. (Ord. 3541,
4-4-1988)
4-3B-4: DUTIES AND POWERS:
A. Health Department:
1. The health department shall enforce these regulations. Said department shall have
power and authority to require compliance with this article.
2. The health department may require that a person in violation of this article discontinue
operations until such time as they conform to the terms of this article.
B. City Planning And Development Department: The site shall be reviewed by the planning
and development department prior to the final issuance or renewal of any rubble permit
for encroachments into proposed or existing public right of way, drainage or utility
easements or adverse effects on the overall development of the surrounding area or any
other potential problems that the filling operation might incur. (Ord. 3541, 4-4-1988)
4-3B-5: LIABILITY PROVISIONS:
The owners, lessees, or any other persons having possession and control over any filling
operation or any public or private dumping ground, under the terms of this article, shall be
responsible for the acts of their agents or employees, to the same extent as though they
were the act of such principal. The owners, lessees or other persons shall be subject to
citation for violation of the provisions of this article by any of their agents, or employees, and
any penalty imposed under the terms of this chapter may be imposed upon said principal
and/or upon the agents or employees of the principal. (Ord. 3541, 4-4-1988)
4-3B-6: NUISANCE DECLARED:
The depositing on any land of materials other than rubble with or without the possession of a
valid permit as provided herein is hereby declared to be a public nuisance. (Ord. 3541, 4-4-
1988)
ARTICLE C. HAZARDOUS SUBSTANCES
4-3C-1: PURPOSE:
In order to reduce the danger to public health, safety and welfare from hazardous conditions
and/or substances, these regulations are promulgated to establish responsibility for the
removal and cleanup of spills, leakage or release of a hazardous substance which creates
an immediate or potential danger to the public health or safety within the city limits. (Ord.
3322, 1-23-1984)
4-3C-2: DEFINITIONS:
For the purpose of this article, the following words have the following meanings:
AUTHORIZED PERSON: The chief of the fire department or his duly appointed designee.
CLEANUP: The removal of the hazardous wastes or substances to a place where such
substances would not cause any danger to persons or the environment, in accordance with
state rules thereof or the treatment of the material, as defined herein, to eliminate the
hazardous condition, including the restoration of the area to a general good appearance
without noticeable odor as far as practicable.
HAZARDOUS CONDITION: Any situation as defined in Iowa Code section 455B.381,
subsection 4.
HAZARDOUS SUBSTANCE: Any substance as defined in Iowa Code section 455B.381,
subsection 5.
HAZARDOUS WASTE: Those wastes which are included by definition in Iowa Code section
455B.411, subsection 3(a).
RESPONSIBLE PERSON: The party, whether the owner, agent, lessor or tenant, in charge
of the hazardous substance or hazardous wastes being stored, processed or handled, or the
owner or bailee transporting hazardous wastes or substances whether on public ways or
grounds or on private property where the spillage, leakage or release of a hazardous
substance would cause an immediate or potential danger to the public or to any person or to
the environment.
TREATMENT: A method, technique or process, including, but not limited to, neutralization
which is designed to change the physical, chemical or biological character or composition of
a hazardous substance so as to neutralize or render it nonhazardous, safer for transport,
amenable for recovery, amenable for storage or a reduction in volume. Treatment includes
any activity or processing which is designed to change the physical form or chemical
composition of a hazardous waste or substance so as to render it nonhazardous. (Ord.
3322, 1-23-1984)
4-3C-3: CLEANUP REQUIRED:
A. Whenever a hazardous condition is created by the deposit, injection, dumping, spilling,
leaking or placing of a hazardous waste or substance, so that the hazardous substance
or waste or a constituent of the hazardous waste or substance has entered the
environment or has been emitted into the air or discharged into any waters, including
ground waters, the responsible person shall cause the condition to be remedied by a
"cleanup", as defined in section 4-3C-2 of this article, as rapidly as is feasible to an
acceptable and safe condition. The costs of the cleanup shall be borne by the
responsible person.
B. In the event the responsible person cannot be located within a reasonable period of time,
or if the responsible person does not cause the cleanup to begin within a reasonable time
in relation to the hazard and circumstances of the incident, the city may, by the
authorized person, give reasonable notice, based on the character of the hazardous
condition, which notice shall set a deadline for accomplishing the cleanup or that the city
will proceed to procure cleanup services. Said notice shall set forth a reasonable
estimate of the costs of cleanup and the responsible person shall be billed for all costs
associated with the cleanup, including, but not limited to, equipment rendered
unserviceable, personnel costs, including overtime, disposal costs and any other costs
associated therewith.
C. If the bill for these services is not paid within thirty (30) days, the city may proceed, after
service of notice, either by certified mail or one publication in the local newspaper and
hearing before the city council, to obtain payment by all legal means.
D. If the cost of cleanup is beyond the capacity of the city to finance it, the authorized person
shall proceed pursuant to Iowa Code section 455B.387, subsection 2, and immediately
seek any state or federal funds available for said cleanup. (Ord. 3322, 1-23-1984)
4-3C-4: ENFORCEMENT:
A. Notifications: The first city officer or employee who arrives at the scene of the incident
involving hazardous substances, if not a peace officer, shall notify the police department
who then shall notify the proper state office in the manner established by state law.
B. Police Authority: If the circumstances so require, the chief of police or his representative,
may:
1. Evacuate persons from the site of the hazardous condition; and
2. Establish perimeters, or other boundaries at or near the site of the hazardous
condition. Said perimeters or boundaries shall be erected for the purpose of barring all
persons except those who are responsible for the cleanup or supervision of the
cleanup of the hazardous condition.
No person shall disobey an order of the chief of police, the fire chief or any other peace
officer issued under this section. (Ord. 3322, 1-23-1984)
4-3C-5: CITY LIABILITY:
The city shall not be liable for any losses claimed by any person which are alleged to have
occurred due to any hazardous condition. (Ord. 3322, 1-23-1984)
4-3C-6: PENALTY:
Any person violating any provision, section or subsection of this article shall be deemed
guilty of a municipal infraction and, upon conviction thereof, shall be punished as provided in
subsection 1-3-2C of this code. (Ord. 3322, 1-23-1984; amd. Ord. 4441, 10-16-2000)
ARTICLE D. WASTE AND USED TIRES
4-3D-1: JURISDICTION:
Enforcement of this article shall be the responsibility of the Waterloo fire rescue and the
Black Hawk County health department. (Ord. 4249, 8-25-1997)
4-3D-2: PURPOSE:
This article shall be broadly construed to effectuate the purpose of safeguarding the life,
safety and health of the public. To that end, there shall be a limit on the number of used or
waste tires which may be stored within the city limits. (Ord. 4249, 8-25-1997)
4-3D-3: DEFINITIONS:
NEW TIRE: Any tire which has not been used for any purpose other than for sale.
USED TIRE: Any tire other than a new or waste tire.
WASTE TIRE: A tire that is no longer suitable for its original intended purpose due to wear,
damage, or defect. Awaste tire shall not include a nonpneumatic tire. (Ord. 4249, 8-25-
1997)
4-3D-4: STORAGE RESTRICTIONS:
A. Waste Tires:
1. With the exception of those tires mounted on any operable vehicle, no person shall
have more than two hundred (200) waste tires on any one property or on numerous
properties under their ownership, management or control.
2. All tires shall be properly stored in tire storage racks in such a manner as to prevent
their becoming breeding grounds for mosquitoes or pose any public health problem.
3. In any area zoned residential, as set out in the city's zoning ordinance, or used or
platted for residential purposes, there shall be no more than eight (8) waste or used
tires or any combination thereof, and said tires shall be stored at all times in a fully
enclosed structure.
B. Used Tires:
1. With the exception of those tires mounted on any operable vehicle, no person shall
have more than three hundred (300) used tires on any one property or on numerous
properties under their ownership, management or control.
2. All tires shall be properly stored in tire storage racks in such a manner as to prevent
their becoming breeding grounds for mosquitoes or pose any public health problem.
3. In any area zoned residential, as set out in the city's zoning ordinance, or used or
platted for residential purposes, there shall be no more than eight (8) waste or used
tires or any combination thereof, and said tires shall be stored at all times in a fully
enclosed structure. (Ord. 4249, 8-25-1997)
4-3D-5: APPEAL:
Anyone who is aggrieved by an order of the fire chief to comply with this article may, within
ten (10) days of said order, submit in writing the reason(s) for said noncompliance. The fire
chief, in consultation with the Black Hawk County health department, shall review the appeal
and may within thirty (30) days of the date of the appeal, order compliance or grant a
variance. Said review shall be to determine if noncompliance will substantially affect the life,
safety or health of the public. In the event the fire chief, after consultation with the Black
Hawk County health department, orders compliance and the grievant fails to do so, the fire
chief may issue a citation for a violation of this article subject to the penalty provisions as set
forth herein. (Ord. 4249, 8-25-1997)
4-30-6: PRESUMPTION:
Any tire found on a property shall be presumed to be placed there by the owner of said
property or, if said owner does not reside at the property, the occupant thereof. It shall be the
sole responsibility of the property owner or occupant of the property on which any tires are
placed to report whom was responsible for the placement of said tires. Such report shall be
to the fire chief or his designee. (Ord. 4249, 8-25-1997)
4-3D-7: VIOLATION; PENALTY:
Penalty for any violation of this article shall be a municipal infraction with fines as set out in
subsection 1-3-2C of this code, in addition to any equitable relief. (Ord. 4249, 8-25-1997;
amd. 2001 Code)
ARTICLE E. LIQUID WASTE HAULER
4-3E-1: DEFINITIONS:
For the purposes of this chapter, the following terms have the following meanings:
ADMINISTRATOR: The administrator or superintendent of the waste management services
department, or his designee.
DISPOSAL STATION: The septic hauler disposal pad at 3505 Easton Avenue, Waterloo,
Iowa.
LIQUID WASTE: The contents of any privy vault, cesspool, sump, septic tank, chemical
toilet, or acceptable commercial or industrial waste intended to be disposed of at the waste
management services wastewater treatment facilities.
WASTE HAULER: Any person, firm or entity engaged in or engaging in the collection,
removal or transportation of liquid waste for the purpose of disposing of the same at the
waste management services wastewater treatment facilities. (Ord. 4927, 11-3-2008)
4-3E-2: PERMIT:
No waste hauler shall collect, remove or transport any liquid waste from a site located within
the corporate limits of the city for the purpose of delivering such waste to the wastewater
treatment facilities without first obtaining a waste hauler's permit issued by the waste
management services department. (Ord. 4927, 11-3-2008)
4-3E-3: APPLICATION FOR PERMIT:
All applications for waste hauler permits must be submitted in writing, using the approved
permit application, to the waste management services department/pretreatment lab services,
3505 Easton Avenue, Waterloo, IA, 50702. (Ord. 4927, 11-3-2008)
4-3E-4: PERMIT FEE:
A. Upon the administrator's, or his/her designee's, approval of an application for a waste
hauler's permit, the applicant shall deliver to the waste management services department
a sum of twenty five dollars ($25.00) for each vehicle to be used by the applicant in
collecting, transporting and disposing of liquid waste.
B. Permits are valid for three (3) years. The permit must be renewed prior to the expiration
date specified thereon. Renewal applications must be made in the same manner as an
initial application and shall be subject to review and approval by the administrator in the
same manner as initial applications. Renewal applications must be submitted no later
than thirty (30) days prior to expiration of the expiring permit. The permit fee must
accompany the renewal application. (Ord. 4927, 11-3-2008)
4-3E-5: TRANSFERABILITY OF PERMIT:
Waste hauler permits are not transferable. (Ord. 4927, 11-3-2008)
4-3E-6: SUSPENSION, REVOCATION OF PERMIT; CAUSE:
Any of the following shall constitute cause for the suspension or revocation of a permit
issued under this article when committed by a permit holder or any employee, agent or
representative of a permit holder:
A. The making of any false or misleading statement concerning the nature, origin or quantity
of liquid waste delivered for disposal;
B. The making or supplying of any false signature or the giving of any false or misleading
information in connection with any application or renewal application or in connection
with any record, statement or document required to be prepared or maintained under the
provisions of this article;
C. The violation of any of the provisions of this article. (Ord. 4927, 11-3-2008)
4-3E-7: SUSPENSION, REVOCATION; PROCEDURE;
In the event of an occurrence warranting the suspension or revocation of any permit issued
under this article, the following procedure shall apply:
A. The administrator, or his/her designee, shall notify the permit holder, in writing, that the
permit is suspended or revoked. Such notice shall be sent to the permit holder by
certified mail, return receipt requested, at the address listed on the permit holder's
application. The notice shall set forth the nature of the violation and shall set forth the
period of suspension, or in the case of revocation, that the permit is revoked. The
administrator shall have the authority to determine whether a violation requires
suspension (and for how long) or whether the permit should be revoked. The notice shall
advise the permit holder of his right to request a hearing on the suspension or revocation.
The permit holder receiving a notice of suspension or revocation may request a hearing
thereon before the administrator. The hearing request must be in writing, must have a
copy of the notice of suspension or revocation attached to it and must be delivered to the
waste management services department no later than ten (10) days after the date of
such notice. If no request for hearing is made within the time set forth above, the
suspension or revocation shall, upon the expiration of such time, become immediately
effective and the permit holder shall have no right to further hearing or appeal. If timely
request for hearing is made, the permit holder shall be notified in writing of the time, date
and place of hearing which shall be no sooner than five (5), nor more than fifteen (15),
working days following the waste management services department receipt of the
request for hearing.
B. If a hearing is requested, the suspension or revocation shall not become effective until the
written decision of the administrator is made; provided, however, that if the administrator
determines that the violations constituting cause for suspension or revocation present an
immediate hazard to person or property, the administrator shall so state in the notice of
suspension or revocation and, in that event, the suspension or revocation shall be
effective immediately upon its issuance.
C. Any permit holder whose permit has been revoked shall be ineligible for another permit
for a period of one year after the date of revocation. (Ord. 4927, 11-3-2008)
4-3E-8: VEHICLE IDENTIFICATION:
Each vehicle used in the conveyance of liquid waste pursuant to a permit issued under this
article shall have a decal (supplied) displayed on either side of the truck cab or tank. No
vehicle without having such decal affixed shall be permitted to discharge waste at the waste
management services wastewater treatment facilities. Such decals must bear the business
name of the waste hauler. Such decals shall not be transferred from one vehicle to another.
(Ord. 4927, 11-3-2008)
4-3E-9: DISPLAY OF PERMIT:
The permit, or a copy of the original, containing the authorized signature of the administrator,
must be available when discharging waste loads at the waste management services
wastewater treatment facilities. No person shall be allowed to discharge waste unless such
permit is available for inspection at the time of such discharge. (Ord. 4927, 11-3-2008)
4-3E-10: HOURS OF OPERATION:
Liquid wastes will be accepted at the disposal station between the hours of eight o'clock
(8:00) A.M. through two o'clock (2:00) P.M. Monday through Friday. Weekend and holiday
hauling will not be accepted. Emergency hauling outside the normal working times will be
accepted only upon approval of the administrator which approval must be obtained at least
twenty four (24) hours prior to the projected hauling time. A surcharge for after hours hauling
will be assessed to compensate for overtime hours worked by city personnel. (Ord. 4927,
11-3-2008)
4-3E-11: DISPOSAL STATION:
A. Waste haulers shall dispose of liquid waste permitted to be disposed of pursuant to a
permit issued under the provisions of this article only at the disposal station (septic hauler
disposal pad at 3505 Easton Avenue, Waterloo, Iowa), and only during the hours of
operation. Waste not regulated by this chapter shall be disposed of according to the rules
and regulations for land application, 567 Iowa administrative code 121.3(455B)(1)a
through m or land filled at an approved landfill site and otherwise in accordance with all
applicable federal, state and local statutes, rules and regulations.
B. Waste haulers shall maintain the designated dump site at the disposal station in a clean,
orderly condition so as to avoid noxious odors and unsanitary conditions. The hauler
must satisfactorily clean up any spillage, which occurs during discharge of hauled
wastes.
C. A representative sample shall be taken by the hauler from each Toad discharged at the
plant and given to the city employee present at the time of discharge. (Ord. 4927, 11-3-
2008)
4-3E-12: IDENTIFICATION OF SOURCE; MANIFEST:
A. Waste haulers must provide documentation of the nature and origin of wastes delivered to
the disposal station at the time of delivery. Such information shall be provided on a
manifest form provided by the administrator and shall be presented to a city staff member
at the disposal station prior to discharge of the waste load. A manifest form must be
completed for each load discharged. The manifest shall include:
1. The name, address and phone number of the waste generator;
2. The type of waste collected;
3. The approximate volume of the load.
B. The administrator shall have the right to verify the source, chemical nature and volume of
the material prior to disposal; including the right to sample and make chemical analysis
thereof.
If analysis of the hauled waste is needed, the fees for the actual cost of performing such
testing by the city or as billed by an outside private testing laboratory shall be invoiced to
the waste hauler who shall pay the same.
C. If the material is of a commercial or industrial origin, the waste hauler shall obtain
approval for disposal of the waste from the administrator prior to loading the waste for
delivery to the disposal station. (Ord. 4927, 11-3-2008)
4-3E-13: MIXING WASTES:
Wastes from residential and nonresidential sources shall not be mixed. Wastes from an
industrial/commercial source shall not be mixed with wastes of any type from another
location. Portable toilets may be mixed with similar wastes from different locations as long as
each source is identified in the waste manifest. Grease trap waste may only be mixed with
other similar grease trap loads as long as each source is identified in the waste manifest
form. Residential wastes from several sources may be mixed as long as each source is
identified in the waste manifest. (Ord. 4927, 11-3-2008)
4-3E-14: WASTE LOAD LIMITS:
Waste Toads hauled from commercial or industrial sources must meet all applicable federal,
state and local pretreatment standards and requirements including categorical standards
developed for the waste generator's industrial category. The administrator prior to delivery to
the disposal station must approve loads from commercial or industrial sources. The city will
routinely refuse to accept hauled wastes that can be land applied without additional
treatment. All residential septic tank wastes that originate within the corporate city limits of
the city are acceptable. Waste loads must not:
A. Be a hazardous waste as defined in 40 CFR part 261 of the federal register, as amended;
B. Originate from a waste source outside the corporate city limits of the city. (Ord. 4927, 11-
3-2008)
4-3E-15: SAND TRAP WASTES:
Wastes from sand traps, such as those located in car, truck and trailer washes, which
primarily contain sand and dirt, shall not be accepted for disposal at the disposal station or at
any other city wastewater treatment facility. Such wastes shall be land applied or land filled.
The administrator, if a request is made in writing, may approve acceptance of such material
only if a suitable, approved alternative can be determined. (Ord. 4927, 11-3-2008)
4-3E-16: MINERAL OIL AND GREASE TRAP WASTES:
A. Wastes from mineral oil and grease traps, such as those located in vehicle maintenance
facilities, shall not be accepted for disposal at the disposal station or any other city
wastewater treatment facility. (Ord. 4927, 11-3-2008)
4-3E-17: REJECTION OF WASTE LOADS:
The administrator, or his/her designee, may reject any waste load delivered to the disposal
station for disposal. The disposal station attendant, according to guidelines established by
the administrator, may reject disposal of waste bads. In the event a waste load is rejected,
the waste hauler shall provide a signed document to the administrator stating the location,
date and time the rejected Toad was disposed of within five (5) calendar days after the waste
hauler picked up the rejected load. Waste loads may be rejected for, but not limited to, the
following reasons:
A. Suspension or revocation of permit;
B. Failure to obtain a current city or state permit as required by city ordinance or state law;
C. Failure to meet waste limits or to obtain preapproval for disposal of commercial or
industrial wastes as required under this article;
D. Failure to complete a waste hauler manifest form as required under this article;
E. When a waste load exhibits unusual physical or chemical characteristics or is from a
source where pretreatment must be completed prior to disposal;
F. To protect public or private property from damage;
G. For violations of this article or any other ordinances or regulations of the city, or of any
statutes, rules or regulations of any other governmental entity. (Ord. 4927, 11-3-2008)
4-3E-18: RATES:
A. All invoices for loads hauled to the disposal station shall be billed at the first of each
month. The invoice will indicate the total gallons disposed of and the total amount due.
Payments will be due by the first of the following month. For accounts past due, a
reminder invoice notice will be mailed. If payments remain unpaid for thirty (30) days past
the reminder notice date, the waste hauling contractor's permit will be suspended until
payment(s) are received. Surcharges may be assessed for invoices over thirty (30) days
past due.
B. Fees for disposing of liquid waste at the disposal station are as follows:
i
Gallons
Rate
i
0
-
500
$10.00
501
1,000
20.00
Each additional 1,000 gallons will be charged an additional $20.00.
Hauled waste loads disposed that originate from outside city jurisdiction will also include a
flat surcharge fee of twenty dollars ($20.00).
C. Analytical testing of the hauled waste will be on a "random and/or warranted basis". At a
minimum, each permitted hauler will have one load randomly tested annually. Results of
such testing would be provided to the waste hauler.
Testing fees shall be as follows:
BOD
Metal analysis
NH3N
Oil and grease
pH
TKN
TSS
$17.50
45.00
17.50
45.00
7.50
17.50
12.50
D. A waste delivery manifest ticket will be completed at the time of discharge and the waste
hauler will be provided with a copy. (Ord. 4927, 11-3-2008)
4-3E-19: OTHER REGULATIONS:
The regulations set forth in this article are in addition to, and not in substitution of, any other
applicable federal, state or local statutes, rules and regulations regarding the subject matter
of waste collection, transportation and disposal. Any person holding a permit issued under
this article shall, at all times, abide by and remain in strict compliance with all such other
statutes, rules and regulations. (Ord. 4927, 11-3-2008)