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HomeMy WebLinkAbout2543-10.19.1970 • 1 d 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 1� • 1 • 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 • l 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 . • 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. 1� o t r4 i 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 - -- �; ,� ------------------------ - 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---------------------- �D:25,3 - 5 19 - --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, AHD SEVERAL SEGHA`L'iSEEN PULL,, Subscribed and sworn t0 before met 15 R`BtN ber-----A. D., 19 70 -, _n PORptNA ec'T. adopted by of �'(�t0 ,...)C44 ,. 1H pND Resolution Imo, CE oit‘e Waterloo. }he --- ---------------------- per, ? ..�_'"e _- FORspant t0o C1tY°wo 197aUb11sa Notary Public n C e ,,,, • . of $e ordered tO}peta M on the 28t1Nhatert„r,,c9rs of the Ci..ohe nos td Y Clerk omcP 9:t9-i , S.T.the t13, p-• of to thc1CCO�n P ---.... o docK Pt97p, code. fbe Received of 7 doPi oberre vi at duty pubtis15, day Dollars of a M the a 101° °r°,I of Ya Peeg day of for 1.. o the sum of Waterloo t970,and te hu}�ed by Suction Octob pein9 eetcs os t1oWo1• o} the in full for publication of the above notice. ,jy6� °t`hfo tn9 e*Gs O cm% opr OW% Publishers Said tote deSi tton of thethe ofsed lime�1tceP to the adoe fora hobte then sa d j�vntcipaClerKae�ereo made at t the 0oid adoption W determined APO e, COheortn9ooeit men pat code sn000b d cd used14'or 9 tordaY 5 saideProPn -loth e os ttin9 _-�--p a ata men an Reso�ut provided. - °_= .rin, md0O Code, °g D MuntdDoir.6• _ ..r IO\ •suotstnoad aq; jo lxama eta o� pupu.ndaa ao ipunoo Alto agl. jo qua;ut gsajtuutu aq; g1tem 4uagsisuoout aq pinom not;onalsuoo Bons ssaiun `paAaasgo aq Kegs saina Zutmoiioj aqp. 'apop stg4 jo uon.ona4suoo aq; uI •uotpanapuoa jo sainu •ti-I •aas • •pa'ta os aq Spin pup „"enrol `ooliaTeAk jo Sp0 • 'saouputpap jo apoJ„ paquu.2isap axe pup a;nlpsuoo suomas • pup, saavdrnp 2utmoitoj aql ut panaquza saouputpao aqy — •pasta puu pa3tu isap apop mog •j-T •3as :pappe uaaq @API{ suoisiAo.zd 2uimojjol arl,.I suoislAoad je.zauaD •j aal.duqD •uoTloas pasTAaa aul go pua alp le szsauquaaud uT aeadde TTTM uo1Joas apoo ao aouEuzpao $upstxa auk o� 00110.20j9.2 e saoueuTpao 2uT1stxa tuo.z3 pasTnaa uaaq seq uoTgoas e ;I •apoD TedToiunys Mau aqq. go qted se paqdope atoll goTgm quai.uz ao aoueqsgns Mau SuTuTequoo saoueuTpao auk aae MoTaq peas ° (aPoD) 9961 'apop age go i7T•8T9 uoz Pas 6q papTAo.Id .zauusui agq uT aouo pagsTignd aq TTeus apoD TedToTunw e go laud su paqdope aiat gorgM qualuz ao aoueqsgns Mau 2uzuTuquoo saoue 4'l 1 -ufpao TTu (uMol) 996T `aPoD auq. go (o) ° 5 L• 99£ uoTgoas off. luens.znd (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. P N O 5Lr1.4 q a) N o O U Laito w 0 ba ° v �4"4P; 'R 0 Y a) a) 0 B o m poorj in :fig al C.) a)w co E l r0 El p' 'g•^ i" to S.' la 0 o yo ro 2w o :Nyp)n`O db rd% bal a)oo. 1 A y CD 77‘t uro to ti o N "'y U • O +-+ ,q q U q N to B o p� w q 0 a> a) a) Pg rg 0 aa)) L7 , �hl0 0 CD ard wo m + MI a) 0 br •o o V) a) v O U hr o cc, qq a) Y y Ell63 4i Fi a) o ° o a N v ro b 0 N cd to 0 rl 0 H a a pGe V o id N O 0 2 d 8 Q tcnt G4 g o ro w 4-1 ,P frd 1 0 rci 7 yd tpi tO 10 E 8 C O• rn bu o ,� en PI P R. A 0 ri O O O FA 114 0 .M 0 8 b O N N P. Pt ed • d w• 43 sun v O .n N rot g U }� yc4 o C7 i� ��IS .0 w o • ,4 et .vi 44i p . ba al m ;� ktz .a 0 rl ro m a) rel a .4 U "O V O to TJ Po O 0 A o w A 0 y o M u • • 0 1 a) • • w a g, q V • 0• O ' 0 o bat O .b ,n a 0 .a to Y R kr a arms w a o F w N 10a0 .q ti N o • w q H d O 0 D, 24 be) en :18N O O Ra) I—.v H3 I a m 0 0 w 0 03 a) a) .0) O W co-; a) a The following provision has been added: of explosives generally. a) ro ON Cn ymi .�i 31 0 Y 0 0 0 0 cd ro 0 0 a) a) w y ✓ a) ro ro R) rd v • 0 11-1 0 CO Cj H 4 o cl 4-1 a) ✓ . H prevention code adopted. Yq w • h5 0 H U v poi 'd p k bo Pi, • m co o .N 0 0 0 � g M! o w b d gig w o �'d � • ` N m" A w F ..) Ii O O ooa�A0tti'4� y• p" J�ca++). 0 m .. coi o '; .P) cd cl ° q .Ly o 1 ai m.0 0w mb 0w a ,.�', q R�� N Y g d q d G m d s ioo at da). }IL :"4 4'BA a a s 0 N o•' v o 0 ra o oa u x w �11 0 30 v ro ro-+ 41-1 <rd +J rn CO ..1 1.0 a-1 r-I 0 0 0 U •rl U N w 0 v b 0 0