HomeMy WebLinkAbout2543-10.19.1970 •
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ORDINANCE NO. 2543
AN ORDINANCE ADOPTING THE CODIFICATION OF ALL ORDINANCES
OF THE CITY OF WATERLOO, IOWA, OF A GENERAL
OR PUBLIC NATURE OR IMPOSING A FINE OR PENALTY ,
INCLUDING CODES AND MAPS ADOPTED BY REFERENCE,
AS THE OFFICIAL CODE OF THE CITY OF WATERLOO,
IOWA, AS PROVIDED FOR AND PURSUANT TO CHAPTER
366 OF THE CODE (IOWA), 1966; PROVIDING FOR THE
TITLE AND CITATION OF THE CODE; REPEALING ALL
ORDINANCES AND PARTS OF ORDINANCES OF A GEN-
ERAL OR PUBLIC NATURE OR IMPOSING A FINE OR
PENALTY PASSED PRIOR TO MARCH 9, 1970, EXCEPT
THOSE CONTAINED IN SAID CODE OR RECOGNIZED
AND CONTINUED IN FORCE BY REFERENCE THEREIN;
PROVIDING PENALTIES FOR THE VIOLATION OF THE
SEVERAL SECTIONS THEREOF; AND PRESCRIBING THE
TIME WHEN THIS ORDINANCE SHALL BE IN FULL FORCE
AND EFFECT.
Pursuant to a Resolution adopted by the Council of the City of
Waterloo, Iowa, on the 28thday of September , 1970, the Clerk of
Waterloo was ordered to publish notice that a hearing would be held in
the council chambers of the City Hall at 7 :30 o'clock p.m. , C.S. T.
on the 19th day of October , 1970, on the proposal to adopt
a Municipal Code.
The notice was duly published in the Waterloo Daily Courie
the 1st day of October,1970, and the 8th day of October, 1970
being once each week for two consecutive weeks as required by Section
366. 7 of the Code, 1966 (Iowa).
Said hearing was duly held at the time and place designated and
no written objections to the adoption of the proposed Municipal Code were
filed in the office of the Clerk, and no oral objections to said adoption
were made at the said hearing.
The Council then determined that the said proposed Municipal
Code should be adopted in its original form as now filed and did then on
1970
the 19th day of October,/ , adopt a Resolution adopting said
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Municipal Code, as provided in said Section 366. 7.
It is therefore ordained by the Council of the City of Waterloo,
Iowa:
Section 1. Municipal Code Adopted. The proposed Municipal Code
of the City of Waterloo, Iowa, printed by the Municipal Code Corporation,
Tallahassee, Florida, heretofore filed in the office of the Clerk of the
City of Waterloo, Iowa, consisting of Chapters 1 through 36 and including
references to codes adopted by reference, a printed copy of which is
attached hereto and incorporated herein by reference the same as if set
out in full herein, is hereby adopted as the "Code of Ordinances, City
of Waterloo, Iowa. "
Section 2. Ordinances Repealed. All ordinances of the City of
Waterloo, Iowa, of a general and permanent nature, enacted before
March 9, 1970, and not contained in said Code or recognized and continued
in force by reference therein are hereby repealed from and after the
effective date of said Code, except as hereinafter provided.
Section 3. Effect of Repeal; Ordinances Saved. The repeal pro-
vided for in Section 2 hereof shall not affect any of the following:
(a) Any offense or act committed or any penalty or for -
feiture incurred or any contract or right established
or accruing before the effective date of said Code;
(b) Any ordinance promising or guaranteeing the pay-
ment of money to or from the City, or authorizing
the issuance of any bonds or other evidence of
indebtedness;
(c) Any appropriation or budget ordinance;
(d) Any ordinance establishing restricted residential
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areas; nor shall such repeal affect any ordinance
establishing building and lot lines;
(e) Any ordinance establishing the compensation of
any City officer or employee;
(f) Any ordinance providing for local improvements
or levying any special assessment or taxes;
(g) Any ordinance opening, widening, narrowing, vacat-
ing, abandoning, accepting, naming, renaming or
affecting the grade of any street, sidewalk or public
way or place;
(h) Any ordinance concerning zoning;
( i) Any ordinance establishing street or sidewalk grades.
The above enumeration of exceptions shall not be held or deemed
to be exclusive, it being the purpose and intention of this ordinance to
exclude from repeal any and all ordinances not of a general nature.
Section 4. Severability of Provisions. Each chapter, and any and
all subdivisions of said Code hereby adopted, is independent of every other
chapter and subdivision thereof, and the invalidity of any such chapter or
subdivision thereof, shall not invalidate any other chapter or subdivision
thereof.
Section 5. Official Copy. The Clerk shall attach to the official
copy of the Code of Ordinances here adopted and attach hereto, his
official certificate showing such adoption and the effective date thereof,
and shall retain the said copy and certificate on file in his office where
copies of the same shall be subject to public inspection, and for sale at
cost to the public.
Section 6. Amendments. Any additions or amendments to this
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Code when passed as ordinances amending this Code and which indicate
the intention of the Council to make the same a part hereof shall be
deemed to be incorporated in this Code so that a reference to the Code of
Ordinances of Waterloo, Iowa, shall be understood to include them.
Section 7. Distribution of Copies. All printed copies of the Code
shall be deposited with the Clerk. He shall deliver copies of said Code
to all departments of the city administration as directed by the Mayor,
and shall in addition, distribute copies as required by Section 366. 7c of
the Code, 1966 (Iowa). The Clerk may sell printed copies of said Code at
the cost established by the Council.
Section 8. General Penalty. The doing of any act prohibited or
declared to be unlawful or an offense by said Municipal Code, or the
omission or failure to perform any act or duty required by said Code,
shall, unless another penalty is specified, be punishable by a fine in a sum
not exceeding one hundred dollars ($100. 00) or imprisonment not to exceed
thirty (30) days. The penalty herein provided shall be cumulative with
and in addition to the revocation, cancellation, or forfeiture of any
license or permit elsewhere in this Code provided for violation thereof.
Section 9. Repeal. All ordinances or parts of ordinances in
conflict herewith are repealed.
Section 10. Effective Date. This ordinance consisting of Sections 1
through 10, inclusive, adopting the proposed Municipal Code of the City
of Waterloo, Iowa, heretofore filed in the office of the Clerk of the City of
Waterloo, Iowa, consisting of Chapters 1 through 36 and including codes
adopted by reference, and all subdivisions of the same, the same being
designated as the" Code of Ordinances, City of Waterloo, Iowa, " is in full
thirty days
force and effect/from and after the passage and publication of this ordinance
according to law.
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Passed this 19th day of October , 1970.
Mayor
-17,A-t-eilf- -47)-421
Clerk
I, Andrew Blomberg, Clerk of the City of Waterloo, Iowa, do hereby
certify that Ordinance No. 2543 was duly and properly passed by the
Council of the City of Waterloo, Iowa, at its meeting on the 19thday of
October , 197 0, and was published in the Waterloo Daily Courier
on the 22nd day of October, 1970 and the Code thereby adopted became
effective on the 23rd day of November , 1970
Clerk
(SEAL)
Str--61
sober t J J .
_____�=�_` -------
STATE OF IOWA, - --- ---- ----
- --------- -----------
SS Publisher of the Waterloo .•... .Courier
printed in the English
Black Hawk County, a daily newspaper
language and published in Waterloo, Black Hawk County, Iowa do solemnly swear that
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the annexed copy of Crtd i nanc e i o. G 4.
notice was published in the English language only .a rly.
once a
for------------- --consecutive----------------------
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--ORDINANCE ADL LO day of ___________________ 19
ORDINANCE commencing on the________________ y �� ' 1970
710N OF AL'LCERt-00,tOWA� October---- ----'----------------------
A CODIFICA OF ydo0.R OR
OF THE R 1 PUBLIC NA. - `-------
OF A' GEORAL ING A FINE AND in the issues of______________________
CODESENCE of said newspaper, and
PENALTY, tNCLUDt y REFER ZHE
I PENS ADOPTED f3 CODEtoWA,` TO
OFFICIAL PURSUAN
AS ;"OF W R pNDD following is a correct bill for pub-
s o oo� uoW�E that the annexed rate of advertising is the regular legalrate I PROV D R0;N�THE
ANC' said newspaper, and that the
lq56; Cj1ATtON OF.on� SN�F A�'OR lishing said notice.
AN pLING .ORDINA,,ces o URE LTY � ?�s
PA AL OR A UFT!: nOARCHE9 Al 1N Printer's Bill $
�Msseo PRIOR TO Co,aps E. AND'
PASST 1. ' O N; PR�O�AZR�EOF, ---- - -- - - --
EXCEP col)
OR FORCE 151 R PEN.
gAtD 22n day
gN�E e\I RE THE TtONs THE WHEN,
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FORspant t0o C1tY°wo 197aUb11sa Notary Public
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(1) City. The words "the city" or "this city" mean "the
City of Waterloo, Iowa," and extended to its several of-
ficers, agents and employees.
(2) City attorney. The words "city attorney" mean the
chief legal officer of the city and includes the city
solicitor.
(3) Clerk. The word "clerk" shall mean the clerk and audi-
tor of the city.
(4) 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 pre-
scribed 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 pro-
ceedings, 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, the first day of January, the 30th day of May,
the 4th day of July, the 1st Monday in September,
the 11th day of November, the 25th day of December
and the following Monday whenever any of the fore-
going named legal holidays may fall on a Sunday, and
any day appointed or recommended by the Governor
of Iowa or the President of the United States as a day
of fasting or thanksgiving, the time therefor shall be
extended to include the next day which is not a Satur-
day, Sunday or such day hereinbefore enumerated.
(5) County. The words "the county" or "this county" mean
the County of Black Hawk in the State of Iowa.
(6) 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 sub-.
ordinates to perform the required act or make the
required inspection unless the terms of the provision
or section designate otherwise.
(7) Gender. Words importing the masculine gender only
may be extended to females.
(8) 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 ma-
jority of them, unless it is otherwise expressed.
(9) Land, real estate. The word "land" and phrases "real
estate" and "real property" include land, tenements,
hereditaments, and all rights thereto and interest there-
in, equitable as well as legal.
(10) Month, year. The word "month" means a calendar
month and the word "year" means a calendar year.
(11) Number. Words importing 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.
(12) Oath, affirmation. The word "oath" includes affirma-
tions in all cases where an affirmation may be sub-
stituted for an oath, and in like cases the word "swear"
includes "affirm."
(13) Officials, boards, commissions, etc. Whenever refer-
ence 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.
(14) Or, and. "Or" may be read "and," and "and" may be
read "or" if the sense requires it.
(15) Person. The word "person" shall include and be ap-
plied to corporations, associations, clubs, societies,
firms, partnerships, municipalities and bodies politic
and corporate as well as to individuals.
(16) Personal property. The words "personal property"
includes money, goods, chattels, evidences of debt, and
things in action.
(17) Property. The word "property" includes real and per-
sonal property.
(18) State. The words "the state" shall be construed to
mean the State of Iowa.
(19) Tense. Words used in the present or past tense include
the future as well as the present and past.
(20) Words and phrases. Words and phrases shall be con-
strued 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.
(21) Written, in writing. The words "written" and "in
writing" mean any mod? of representing words and
letters in general use, except that signatures, when re-
quired, must be made by the writing or mark of the
person.
Sec. 1-3. Catchlines, titles, headings and notes.
The catchlines of the several sections of this Code printed
in boldface type, titles, headings, chapter heads, section and
subsection heads or titles, editor's notes, cross references and
state law references, unless set out in the body of the section
itself, contained in this Code, do not constitute any part
of the law, and are intended merely to indicate, explain, sup-
plement or clarify the contents of a section.
Sec. 1-4. Severability of parts of Code.
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 jurisdiction, such invalidity,
unenforceability or unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and
sections of this Code.
Sec. 1-5. 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.
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of explosives generally.
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